2012-12PLANNING COMMISSION RESOLUTION NO. PC 2012-12
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT MODIFICATION AND COASTAL
DEVELOPMENT PERMIT TO MODIFY CASE NO. 05-103 MUP/CDP (PC
RESOLUTION 2005-47 APPROVED DECEMBER 15, 2005) TO REMOVE SIX 4-FOOT-
7-INCH PANEL ANTENNAS (LEAVING THREE 4-FOOT-7-INCH PANEL
ANTENNAS) AND ADD NINE 4--FOOT-7-INCH PANEL ANTENNAS RESULTING IN A
TOTAL OF 12 ANTENNAS HIDDEN BEHIND RF-TRANSPARENT SCREENS
MOUNTED TO THE EXISTING SELF-STORAGE FACILITY, THE INSTALLATION
OF ACCESSORY EQUIPMENT, AND A GPS ANTENNA FOR PROPERTY LOCATED
AT 801 BIRMINGHAM AVENUE IN THE VISITOR SERVING COMMERCIAL (VSC)
ZONE IN THE COMMUNITY OF CARDIFF-BY-THE-SEA AND WITHIN THE
COASTAL ZONE AND SCENIC/VISUAL CORRIDOR OVERLAY (S/VCO) OF THE
CITY OF ENCINITAS.
CASE NO. 11-074 MUPMOD/CDP (APN 260-324-17 and 18)
WHEREAS, a request for a Major Use Permit Modification and Coastal Development
Permit was filed by AT&T Mobility LLC to modify Case No. 05-103 MUP/CDP (PC Resolution
2005-47 approved December 15, 2005) to remove six 4-foot-7-inch panel antennas (leaving three
4-foot-7-inch panel antennas) and add nine 4-foot-7-inch panel antennas resulting in a total of 12
antennas hidden behind RF-transparent screens mounted to the existing self-storage facility, the
installation of accessory equipment, and a GPS antenna, all under the provisions of Chapters
30.74 (Use Permits) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for
the property located within the Visitor Serving Commercial (VSC) zone and the City's Coastal
Zone and legally described as:
SEE ATTACHMENT "A"
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on April 19, 2012, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The April 19, 2012 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps as applicable
3 Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of 11 sheets of architectural drawings with each sheet
titled and/or paginated as Title Sheet (T-1); Site Plan (Z-1), Enlarged Site Plan (Z-2),
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Equipment Layout (Z-3), Antenna Layout Existing (Sheet Z-4), Antenna Layout
New (Sheet Z-4.1), Site Elevations (Z-5 through Z-8), Topographic Survey (LS-1) -
all stamped received by the City of Encinitas on January 17, 2012; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
30.74 (Use Permits) and 30.80 (Coastal Development Permits) of the Encinitas Municipal Code:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 11-074 MUPMOD/CDP subject to the following conditions:
SEE ATTACHMENT "C"
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, has determined the project is exempt from environmental review pursuant to Sections
15302(c) and 15303(d) of the California Environmental Quality Act (CEQA) Guidelines.
Section 15302(c) exempts the replacement or reconstruction of existing utility systems and/or
facilities involving negligible or no expansion of capacity. Section 15303(d) exempts water
mains, sewage, electrical, gas, and other utility extensions.
PASSED AND ADOPTED this 19 day of April, 2012, by the following vote, to wit:
AYES: Felker, Groseclose, O'Grady, Shannon
NAYS:
ABSENT: Brandenburg
ABSTAIN:
Jo i Shannon, Chair of the
g Commission of the City of Encinitas
ATTEST:
P rick Murphy,
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. 2012-12
Case No. 11-074 MUPMOD/CDP
LEGAL DESCRIPTION
All that certain real property situated in the County of San Diego, State of California, described
as follows:
PARCEL 1:
That portion of the Southeast quarter of the Southeast quarter of Section 22,Township 13 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San
Diego, State of California, according to the official plat thereof, lying Easterly of the following
described line:
Beginning at a point on the East line of said Section 22, distant along said East line North 1 ° 39'
50" East 291.10 feet from the Southeast corner of said Section 22, said corner being marked by a
2 inch iron pipe, stamped R. E. 32, having coordinated Y equals 312,641.31 feet and X equals
1,686, 682.06 feet;
Thence North 9° 21'40" West 271.37 feet;
Thence North 4° 29'46" East 269.38 feet;
Thence North 17° 57'04" West 367.92 feet;
Thence North 9° 52' 54" West 147.40 feet to a point on the North line of said Southeast quarter
of the Southeast quarter of Section 22.
PARCEL 2:
An easement and right of way for road and utility purposes over, along and across those portions
of Lots "A" and "B" in Block I of Cardiff Acres, in the County of San Diego, State of California,
according to Map thereof No. 1680, filed in the Office of the County Recorder of San Diego
County, December 9, 1915, described as follows:
Beginning at the Southeast corner of said Lot "A";
Thence along the Southerly line of said Lot "A", South 89° 51' 40" West 15.00 feet, more or less,
to the Westerly line of the Easterly 15.00 feet of said Lot "A", being point "X" of this
description;
Thence continuing along said Southerly line South 89° 51' 40" West 176.69 feet to the
Southeasterly corner of the land described in Deed to the State of California, recorded March 6,
1963 as File No. 38742 of Official Records;
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Thence along the Easterly line of said land, North 9° 52'45" West 187.20 feet to a point distant
South 9° 52'54" East 150.00 feet from an angle point therein;
Thence South 87° 57' 08" East parallel with the Southerly line of said Lot"B" a distance of
194.25 feet, more or less, to a point distant 35.00 feet from the Easterly line of said Lot "B", said
point being the True Point of Beginning;
Thence South 42° 57' 08" East to a line which bears North 1° 39' 50" East parallel with the
Easterly lines of said Lots "A" and "B" from said point "X";
Thence South 1 ° 39'50" West to said Point "X";
Thence along said Southerly line of Lot "A." North 89 51'40" East, 15.00 feet, more or less, to
said Southeast corner thereof,
Thence along the Easterly line of said Lot "A" to and along the Easterly line of said Lot "B",
North 1 ° 39' 50" East to a point distant thereon South .01 ° 39' 50" West 32.92 feet from the
intersection of the Southwesterly line of Birmingham Extension described in Deed to the County
of San Diego, recorded May 2, 1958 in Book 7064, Page 18 of Official Records, with said
Easterly line of said Lot "B"
Thence leaving said Easterly line North 53° 49'21 " West 3.08 feet;
Thence North 81 ° 06'34" West 31.92 feet;
Thence Southerly in a straight line 150.00 feet, more or less, to the True Point of Beginning.
PARCEL 3:
An easement and right of way, for road and utility purposes over, along and across a strip of land
within Lots "A" and "B" in, Block 1 of Cardiff Acres, in the County of San Diego, State of
California, according to Map thereof No. 1680, filed in the Office of the County Recorder of San
Diego County, December 9, 1915, described as follows:
Beginning at the Southeast corner of said Lot "A";
Thence along the Southerly line of said Lot "A", South 89° 51' 40" West 45.00 feet, more or less,
to the Westerly line of the Easterly 45.00 feet of said Lot "A", being point "K of this
description;
Thence continuing along said 'Southerly line South 89° 51' 40" West 146.69 feet to the
Southeasterly corner of the land described in Deed to the State of California, recorded March 6,
1963 as File No. 38742 of Official Records;
Thence along the Easterly line of said land. North 9° 52' 54" West 187.20 feet to a point distant
South 9° 52'54" East 150.00 feet from an angle point therein;
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Thence South 87° 57' 08" East parallel with the Southerly line of said Lot "B" a distance of
164.25 feet, more or less, to a point distant 65.00 feet from the Easterly line of said Lot "B", said
point being the True Point of Beginning;
Thence South 42° 57'08" East to a point in a line which bears North 1 ° 39'50" East parallel with
the Easterly lines of said Lots "A" and "B" from said point "K", said point being point "L" of this
description;
Thence South 1 ° 39'50" West to said Point "K";
Thence along said Southerly line of Lot "A South 89° 51'40" West, 11.00 feet;
Thence North 1 ° 39' 50" East parallel with the Easterly line of said Lots "A" and "B" to a point
distant thereon North 87° 20' 10" West from said point "L";
Thence Northwesterly in a straight line to the True Point of Beginning.
PARCEL 4:
An easement and right of way for road and utility purposes over, along and across a strip of land
lying within Lots "A" and 'B" in Block 1 of Cardiff Acres, in the County of San Diego, State of
California, according to Map thereof No. 1680, filed in the Office of the County Recorder of San
Diego County, December 9, 1915, described as follows:
Beginning at the Southeast corner of said Lot "A";
Thence along the Southerly line of said Lot "A", South 89° 51' 40" West 45.00 feet, more or less,
to the Westerly line of the Easterly 45.00 feet of said Lot "A", being point "K" of this
description;
Thence continuing along said Southerly line South 89° 51' 40" West 146.69 feet to the
Southeasterly corner of the land described in Deed to the State of California, recorded March 6,
1963 as File No. 38742 of Official Records;
Thence along the Easterly line of said land, North 9° 52' 54" West 187.20 feet to a point distant
South 9° 52'54" East 150.00 feet from an angle point therein;
Thence South 870 57' 08" East parallel with the Southerly line of said Lot "B" a distance of
164.25 feet, more or less, to a point distant 65.00 feet from the Easterly line of said Lot "B", said
point being the True Point of Beginning;
Thence South 42° 57' 08" East to a line which bears North 1 ° 39' 50" East parallel with the
Easterly lines of said Lots "A" and "B" from said point "K", said point being point "L" of this
description;
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Thence South 1 ° 39'50" West to said Point "K";
Thence along said Southerly line of Lot "A" North 89° 51' 40" East, 45.00 feet more or less, to
the Southeast corner thereof,
Thence along the Easterly line of said Lot "A" to and along the Easterly line of said Lot "B",
North 1 ° 39' 50" East to a point distant thereon South 01 ° 39' 50" West 32.92 feet from the
intersection of the Southwesterly line of Birmingham Extension as described in Deed to the
County of San Diego, recorded May 2, 1958 in Book 7064, Page 18 of Official Records, with
said Easterly line of said Lot "B";
Thence leaving said Easterly line North 53° 49' 21" West 3.08 feet;
Thence North 81 ° 06'34" West to a line that bears North 1 ° 39'50" East parallel with the Easterly
line of said Lots "A" and "B" from the True Point of Beginning;
Thence South l' 39'50" West to the True Point of Beginning.
Excepting therefrom that portion lying within Parcel 2 above.
PARCEL 5:
An easement and right of way for road and utility purposes over, along and across a strip of land
lying within Lot "A" in Block 1 of Cardiff Acres, in the County of San Diego, State of
California, according to Map thereof No. 1680, filed in the Office of the County Recorder of San
Diego County, December 9, 1915, described as follows:
Beginning at the Southeast corner of said Lot "A";
Thence along the Southerly line of said Lot "A", South 89° 51'40" West 56.03
feet to the True Point of Beginning;
Thence continuing along said Southerly line South 89° 51'40" West 95.28;
Thence leaving said Southerly line North 80° 07'06" East 29.55 feet;
Thence North 87 21' 00 East 49.93 feet to the beginning of a tangent 20.00 foot radius curve,
concave Northwesterly;
Thence along said curve through a central angle of 59° 50'39", an arc length of 20.89 feet;
Thence non-tangent to said curve. South 01 ° 39' 50" West 17.90 feet to the True Point of
Beginning.
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ATTACHMENT "B"
Resolution No. 2012-12
Case No. 11-074 MUPMOD/CDP
FINDINGS FOR USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project; and
b. The unsuitability of the site for the type and intensity of use or development which is
proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of the
city;
Facts: The property is accessed off of an easement/driveway from Birmingham Drive
behind a building that was previously a restaurant. The site is developed with a three-
building self storage facility. In addition to the existing AT&T (formerly Pacific Bell and
Cingular) telecommunications facility, the project site also supports T-Mobile, Sprint
(parent company of Nextel and Clearwire) and Cricket telecommunication facilities. The
applicant proposes to modify an existing AT&T wireless telecommunications 10-panel
antenna facility located on the southernmost building approved by Case No. 05-103
MUP/CDP (PC Resolution 2005-47 approved December 15, 2005). Although the project
site was approved to provide 10 antennas, AT&T installed 9 panel antennas under that
2005 approval with BP 06-065 approved on August 2, 2006. The modification includes
the following:
1. Removes six of the existing 4-foot-7-inch panel antennas (leaving three 4-foot-7-
inch panel antennas) and adding nine 4-foot-7-inch panel antennas resulting in a
total of 12 antennas (4 panel antennas x 3 sectors).
2. Installs accessory equipment including 20 new remote radio units (RRUs), 12
tower-mounted amplifiers (TMAs), and 10 new surge protectors. Of the 20
RRUs, 18 (6 RRUs x 3 sectors) will be installed with the panel antennas behind
the RF-transparent screening on the building exterior, and 2 RRUs will be
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installed within the 2°d floor equipment room located inside the storage building.
All 12 TMAs (4 TMAs x 3 sectors) will be installed on the building exterior with
the 12 panel antennas. Of the 10 surge protectors, nine (3 surge protectors x 3
sectors) are installed on the building exterior and one inside the equipment room.
3. A new caged-access ladder to the roof with 2 bollards at its base is proposed to be
located near the southeast corner of the buillding.
4. The application also includes legalization of 4G LTE (Long Term Evolution
described below) 'telecommunications equipment related to the present
application, and an existing GPS antenna located on the east elevation that were
all installed without required permits outside of the original 2005 approval or this
application. Consistent with Special Conditon SCA2, the application shall submit
a building permit application for review and approval through the standard plan
checking process.
The City retained a Third Party Wireless Consultant, Kramer Firm, Inc.., to review and
assess the technical data of the proposed wireless facility. Through the analysis
contained in the applicant's Radio Frequency Emission study about power, antenna
height and other elements, Kramer Firm, Inc. confirmed that the proposed wireless
communications facility is in compliance with the FCC OET 65 requirements. The
wireless communications facility as proposed will operate in full compliance with the
standards for radio frequency emissions (RF) as adopted by the Federal Communications
Commission (FCC).
Discussion: All required public facilities, services and utilities are in place to serve the
proposed wireless communication facility. The wireless facility has been effectively
concealed from view so as to be compatible with, and not detrimental to surrounding uses.
The project as proposed complies with all requirements of the Wireless
Telecommunications Facilities Ordinance, Chapter 9.70. No harmful effect on the
environmental quality or natural resources of the City is anticipated and the project has been
determined to be exempt from environmental review pursuant to Sections 15302(c) and
15303(d) of the California Environmental Quality Act (CEQA) Guidelines. Section
15302(c) exempts the replacement or reconstruction of existing utility systems and/or
facilities involving negligible or no expansion of capacity. Section `15303(d) exempts
water mains, sewage, electrical, gas, and other utility extensions. ;
Conclusion: The Planning Commission finds that the wireless telecommunications facility
as proposed will be compatible with and will not adversely affect and will not be materially
detrimental to adjacent uses, residences, buildings, structures or natural resources.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
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Facts: The project application includes a request for a Major Use Permit Modification and
Coastal Development Permit to modify Case No. 05-103 MUP/CDP (PC Resolution 2005-
47 approved December 15, 2005) to remove six 4-foot-7-inch panel antennas (leaving three
4-foot-7-inch panel antennas) and add nine 4-foot-7-inch panel antennas resulting in a total
of 12 antennas (4 panel antennas x 3 sectors) mounted behind RF-transparent screens on the
building exterior and install associated 20-Remote radio units (RRU), 12 tower-mounted
amplifiers (TMA), 10 surge protectors, and a GPS antenna, all under the provisions of
Chapters 30.74 (Use Permits) and 30.80 (Coastal Development Permit) of the Encinitas
Municipal Code
The project is located within the ScenicNisual Corridor Overlay (SNCO) zone. Chapter
30.34.080 of the Municipal Code provides that within the SNCO zone, consideration will
be given to the overall visual impact of the project and conditions or limitation pertaining
thereto may be applied to the project.
Discussion: With the approval of the Major Use Permit requested by the subject
application, the proposed wireless facility will comply with all applicable Sections of the
Municipal Code, including the requirements of Chapter 9.70, Wireless Communication
Facilities. The materials submitted and explanations given by the applicant are sufficient
documentation of effort to consider reasonable alternative sites. Regarding Chapter
9.70.080.2 (Design), the applicant has proposed a design concept that utilizes stealth design
technology. Regarding Section 9.70.080.3 (Operational Plan), the project is subject to a
series of conditions that assures compliance with this Code Section and the applicant has
supplied an operational plan for the proposed installation with the project application.
Regarding Chapter 30.34.080 (ScenicNisual Corridor Overlay), the project as proposed
effectively conceals the proposed wireless telecommunications facility in a manner that
would have little or no visual impact since the panel antennas are framed behind an RF-
transparent screen collectively which will unify each sector visually and colored to match
the colors of the existing building. No new square footage and change in building height is
proposed to accommodate telecommunications facility equipment upgrade
Conclusion: The Planning Commission finds that the impacts of the proposed wireless
telecommunications facility will not adversely affect the policies of the Encinitas General
Plan or the provisions of the Municipal Code and that the proposed wireless
telecommunications facility complies with all regulations, conditions, and policies imposed
by the Municipal Code. No additional conditions regarding visual impact need be applied.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road; approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The project application includes a request for a Major Use Permit Modification and
Coastal Development Permit to modify Case No. 05-103 MUP/CDP (PC Resolution 2005-
47 approved December 15, 2005) to remove six 4-foot-7-inch panel antennas (leaving three
4-foot-7-inch panel antennas) and add nine 4-foot-7-inch panel antennas resulting in a total
of 12 antennas (4 panel antennas x 3 sectors) mounted behind RF-transparent screens on the
building exterior and install associated 20-Remote radio units (RRU), 12 tower-mounted
amplifiers (TMA), 10 surge protectors, and a GPS antenna, all under the provisions of
Chapters 30.74 (Use Permits) and 30.80 (Coastal Development Permit) of the Encinitas
Municipal Code
Discussion: Related to finding No. 1, with the approval of the Major Use Permit and
Coastal Development Permit request, the proposed project will comply with all applicable
Sections of the City's Municipal Code, General Plan, and certified Local Coastal Program.
Related to finding No. 2, no adverse impacts to the environment are associated with the
project and the project is exempt from the requirements of CEQA. The subject site is
located off Birmingham Drive and east of I-5, therefore finding No. 3 is not applicable since
the project is not located between the sea or other body of water and the nearest public road.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local` Coastal program of the City of Encinitas; 2) no potentially significant
adverse impacts to the environment will result and the project is exempt from the
requirements of CEQA as per Sections 15302(c) and 15303(d) of the CEQA Guidelines,
and 3) finding No. 3 is not applicable to the project since it is not located between the sea or
other body of water and the nearest public road.
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ATTACHMENT "C"
Resolution No. 2012-12
Case No. 11-074 MUPMOD/CDP
Conditions of Approval
Applicant: AT&T Mobility LLC
Location: 801 Birmingham Drive (APN 260-324-17 and 18)
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on April 19, 2014 at 5:00 pm, or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on January 17, 2012, consisting of 11 sheets of architectural
drawings with each sheet titled and/or paginated as Title Sheet (T-1); Site Plan (Z-1),
Enlarged Site Plan (Z-2), Equipment Layout (Z-3), Antenna Layout Existing (Sheet Z-4),
Antenna Layout New (Sheet Z-4.1), Site Elevations (Z-5 through Z-8), Topographic Survey
(LS-1), all designated as approved by the Planning Commission on April 19, 2012 and shall
not be altered without express authorization by the Planning and Building Department.
SCA Prior to issuing a final inspection on the required building permit, the following conditions
shall be completed/fulfilled to the satisfaction of the Planning and Building Department:
1. This project shall comply with the previous conditions of 05-103 MUPMOD/CDP
(PC Resolution 2005-47 approved December 15, 2005) unless specifically
modified herein.
2. A number of LTE equipment including remote radio units (RRU), tower-mounted
amplifiers (TMA), surge protectors, and a GPS antenna have been installed at the
project site without building permits. As discovered during staff review of the
application, the Kramer Firm (Kramer) also acknowledges the installation of this
equipment without permits beyond the scope of the previous 2005 approval and
this application. The applicant shall submit a building permit application for
review and approval through the standard plan checking process.
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3. The caged roof ladder approved in conjunction with this application shall serve as
the sole means of roof accesss for this and any future approvals for wireless
facilities at this site unless expressly approved otherwise by the Planning
Commission.
4. The antenna, radio equipment, and other associated equipment shall be actively
and continuously maintained. The overall condition of the radio equipment and
antenna must be maintained such that any visible areas do not become unsightly.
5. The applicant shall not enter into any special arrangements or take any actions
precluding any other telecommunications providers from utilizing the site as a
base of operations unless it is demonstrated to the satisfaction of the Planning and
Building Department that any such preclusion was predicated upon verifiable
technical considerations, such as potential radio interference.
6. All facilities and related equipment shall be maintained in good working order
and free from trash, debris, graffiti, and designed to discourage vandalism. Any
damaged equipment shall be repaired or replaced within 30 calendar days.
7. Routine maintenance may be conducted only during the hours of 8 a.m. to 5 p.m.
on weekdays, not including holidays. Emergency repairs and maintenance shall
be conducted only in the cases of power outages and equipment failure or
malfunction. The applicant shall notify the Planning and Building
Department of any emergency repairs at the time of the maintenance when
feasible or soon thereafter.
8. Once the wireless communications facility is operating, the City may require the
Applicant/Permittee to submit documentation that the facility is operating within
the technical standards as described in the application and the Federal
Communications Commission permit. Independent field strength or power
density measurements shall be provided to the Planning and Building Director
within 30 days of written request to the Applicant/Permittee.
9. Within thirty (30) days before or after the first annual anniversary of when the
City issues any permit authorized by Chapter 9.70 of the Municipal Code, and
thereafter at five-year intervals, the Applicant/Permittee shall submit the
following information, in writing, to the Planning and Building Director:
A. Confirmation that the facility continues to operate in compliance with all
terms and conditions of approval by the City.
B. Independent field strength or power density measurements taken within
the past 30 days that verify that the facility continues to operate in
compliance with all terms and conditions and emissions standards
imposed by the Federal Communications Commission.
C. Confirmation that there is no equipment available that would enhance the
safety, efficiency or visibility of the facility or reduce the size of the
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facility.
D. Confirmation that there are not more appropriate locations available for
the facility.
E. Confirmation that the facility continues to function as an essential element
of the Applicant/Permittee's network.
F. Documentation of any complaints received by the Applicant/Permittee
since the inception of operations regarding the operation and maintenance
of the facility, including the Applicant's/Permittee's actions to address the
complaints.
10. All wireless communications facilities which receive a building permit under
Chapter 9.70 of the Municipal Code shall be completed and operational within
180 calendar days of the issuance of the building permit and all related permits or
licenses. The construction time may be extended for an additional 180 calendar
days upon a showing of good faith efforts to complete the facility, which shall
take into account complications beyond the control of Applicant/Permittee. If the
facility is not completed and operational by the end of the extension period, then
the permit shall expire, and the Applicant/Permittee must reapply for the permit;
however, this provision shall not apply when the Applicant/Permittee
demonstrates to the satisfaction of the Planning and Building Director that the
operational delay is due entirely to factors beyond the control of the
Applicant/Permittee, in which event the Director may extend the construction
time in his or her discretion.
11. Any facility that ceases operating for more than 90 consecutive days shall be
considered abandoned. In such an event the Applicant/Permittee must either 1)
apply for all permits required at the time of expiration to reactivate the operation,
or 2) remove all elements of the facility and restore the site. In the event the
Applicant/Permittee fails to apply for permits or perform the removal and
restoration within these 90 days, the property owner shall have the facility
removed.
12. Any future modifications to the RF-transparent screening wall warranted during the
building permit review and construction phase for the proposed upgrades shall cause
the replacement of the entire screening wall with new, continuous screening
materials to avoid seems in the screening extensions. The-RF transparent screening
materials shall be colored and textured to match the existing building.
SCC Prior to issuing a final inspection on the required building permit, the following conditions
pursuant to the existing FCC OET Bulletin 65 rules regarding RF safety shall be
completed/fulfilled to the satisfaction of the Planning and Building Department:
All access doors/hatches/ladders to the roof are to remain locked at all times, except
during active maintenance by AT&T personnel; and
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2. AT&T shall place and maintain permanent RF Notice signs in English and Spanish
at all roof access points listed in SCC1. The signage must be a minimum of 8-inches
wide by 12-inches high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for
color, symbol and content conventions. All such signage shall at all times provide a
working local or toll-free telephone number to its network operations center, and
such telephone number shall be able to reach a live person who can exert transmitter
power-down control over this site as required by the FCC. The location of the sign
must ensure that anyone approaching the roof access may clearly see the sign before
entering on to the roof area; and
3. AT&T shall place and maintain permanent RF Notice signs in English and Spanish
at all behind each antenna sector visible from the roof area. The signage must be a
minimum of 8-inches wide by 12-inches high, compliant with FCC OET Bulletin 65
or ANSI C95.2 for color, symbol and content conventions. All such signage shall at
all times provide a working local or toll-free telephone number to its network
operations center, and such telephone number shall be able to reach a live person
who can exert transmitter power-down control over this site as required by the FCC.
The location of the sign must ensure that anyone approaching the antenna sectors
from the roof may clearly see the sign before corning within 3 feet of the rear of the
antenna sectors.
Gl STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2
G4
This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department:
Prior to building permit issuance, the owner shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of
approval and shall be of a form and content satisfactory to the Planning and Building
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any
claims of liability against the City and agrees to indemnify, hold harmless and defend the
City and City's employees relative to the action to approve the project.
G13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Planning and Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
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Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
G21 All utility connections shall be designed to coordinate with the architectural elements of the
site so as not to be exposed except where necessary. Locations of pad mounted
transformers, meter boxes, and other utility related items shall be included in the site plan
submitted with the building permit application with an appropriate screening treatment.
Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be
placed above ground provided they are screened with landscaping.
USE PERMITS
Ul At all times during the effective period of this permit, the responsible party shall obtain and
maintain in valid force and effect, each and every license and permit required by a
governmental agency for the operation of the authorized activity.
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U4 Nothing in this pennit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal of
an amendment to the use permit and approval by the authorized agency.
B1 BUILDING CONDITION(S):
CONTACT THE 'ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
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shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). Commercial and Multi-residential construction must also contain details
and notes to show compliance with State disabled accessibility mandates. These comments
are preliminary only. A comprehensive plancheck will be completed prior to permit
issuance and additional technical code requirements may be identified and changes to the
originally submitted plans may be required.
F1 FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F23 CELL SITES:
1. The equipment enclosure shall be labeled to indicate "Telecommunications
Equipment" or equivalent to the satisfaction of the Fire Department. If batteries are
used in the telecommunications equipment cabinet, provide the proper labeled NFPA
(National Fire Protection Association) 704 placard that indicates the hazard. A sign
identifying the electrical power shutoff shall be posted to the satisfaction of the Fire
Department. Emergency contact information shall be labeled on the enclosure to the
satisfaction of the Fire Department prior to Certificate of Occupancy. The signage
shall remain in good condition in perpetuity.
2. The owner/applicant shall provide a Knox key box for emergency Fire Department
access.
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