2013-37City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633 -2710
NOTICE OF DECISION
PBD- 2013 -37
July 12, 2013
This letter is to inform you that the Planning and Building Director has approved your application
for the following Administrative Permit for property located in the City of Encinitas:
12 -171 ADRMOD /CDP (Verizon Wireless) — A request for an Administrative Design Review
Modification and Coastal Development Permit to modify DCD -95 -21 (Case No. 95 -076 ADR)
approved on May 8, 1995 to include a backup fuel cell power system for emergency power to the
existing Verizon cell site on the subject property. No changes are proposed to the existing
antenna array. This property is located 1661 Villa Cardiff Drive (APN 260 - 323 -19) in the
community of Cardiff -by- the -Sea, zoned Limited Visitor - Serving Commercial (L -VSC), and
located in the Scenic/Visual Corridor Overlay and the Coastal Zone.
Project Description and Discussion: The applicant proposes to modify DCD -95 -21 (Case No.
95 -076 ADR) approved on May 8, 1995 to include a backup fuel cell power system for
emergency power to the existing Verizon cell site on the subject property. The existing Verizon
cell site (four -panel antenna (1 sector)) approved by DCD -95 -21 is located on the roof of an
existing motel (Holiday Inn Express). No changes are proposed to the existing antenna array.
The backup emergency equipment would run in the event of a power failure.
The installation of a backup emergency equipment for the existing wireless telecommunications
facility operation is allowed subject to Chapters 9.70 (Wireless Communication Facilities) and
30.09 (Zoning Matrix) and with approval of a ADRMOD in accordance with the provisions of
Section 23.08.150 (Modification of Design Review Permit).
The backup emergency equipment is comprised of two fuel- storage cabinets (that contain nine
hydrogen fuel tanks each) enclosed by seven -foot tall walls set approximately 6- feet -4- inches
from the western end of the hotel. The backup emergency equipment will be placed on an
approximately 10- foot -8 -inch by 14 -foot concrete slab (149 square feet) that will be built at the
top of a slope that drops from the hotel pad to the lower parking lot. A three -foot tall portion of
the slab will be visible from the west and will be softened by shrubbery. Entry into the enclosure
is made via 4 -foot wide by 7 -foot tall, lockable metal gate from the east side. A wrought -iron
fence is located over the eqiupment to prevent entry into the enclosure from above.
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noise measurement dropped to 40 dB (from 47 db) which is less than the 45 dB (10:00 p.m. to 7:00
a.m) and 50 db (7:00 a.m to 10:00 p.m) standards.
Since the equipment is located immediately next to and within approximately six feet of the hotel,
the hotel would also be subject to the equipment noise. In accordance with Chapter 30.40
(Performance Standards) for the L -VSC zone, the equipment noise of 47 db is less than the 55 dB
(10:00 p.m. to 7:00 a.m) and 60 db (7:00 a.m to 10:00 p.m) performance standards when measured
at the hotel building fagade. The report also noted that the exterior building construction would also
attenuate some 15 db of the noise generated. Therefore, the proposed project complies with the
General Plan Noise element and Chapter 30.40 (Performance Standards).
Service /Maintenance
Because the proposed backup emergency equipment serves an emergency role, there will be no
anticipated change in the manner of occasional servicing/maintenance of the existing
telecommunications equipment. Testing of the backup equipment is automatic. The fuel cell
system automatically performs an exercise run operation and completes a self -test simultaneously.
This automatic operation takes place every 21 days for 45 minutes. The self -test will run the
equipment just as if it was called upon for emergency service. The noise output would be the same
as and not louder than the regular operation consistent with the noise analysis completed. During
the exercise, the system will run in parallel to the powering of the wireless facility, such that there is
no disturbance in the wireless facility's operation to provide service. The system's air filter will be
inspected once per year or every 400 hours of operation, whichever comes first. At this same time,
the piping connections will be checked for leaks using a hand held combustible gas detector or
liquid soap solution.
To ensure that the automatic equipment testing is compatible with the surrounding residential
neighborhood, staff has prepared Specific Condition SCA3 to ensure compliance with the noise
thresholds and standards contained in Chapter 30.40 (Performance Standards). Further, the self -test
would be completed during the daytime between 7:00 a.m. and 7:00 p.m. so Verizon technicians
can troubleshoot any equipment issues discovered during the daytime rather than at nighttime.
Public Participation
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter
23.06 of the Municipal Code. A public meeting was held on Wednesday, December 12, 2012 at
the project site. All property owners and tenants within 500 feet of the project site were notified.
One person attended the meeting and did not sign -in or provide any contact information. The
applicant reported that "He said he was an engineer from Qualcomm and was working on a
standby generator project for Qualcomm and wanted to see if we had any insight into siting and
operating diesel powered generators." Since the project involves a standby hydrogen fuel cell,
the engineer left shortly thereafter with no comments.
A standard public notification to all property owners and tenants within 500 feet of the project
site was issued for the Administrative Design Review Modification and Coastal Development
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Permit application, which allowed for a minimum 10 -day comment period. No comments were
received.
This approval is based on the following findings:
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application
for a design review permit must be granted unless, based upon the information presented in
the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Local Coastal Program, Specific
Plan, or the provisions of the Municipal Code.
Facts: The applicant requests approval of an Administrative Design Review Modification
and Coastal Development Permit to modify DCD -95 -21 (Case No. 95 -076 ADR)
approved on May 8, 1995 to include a backup fuel cell power system for emergency
power to the existing Verizon cell site on the subject property. No changes are proposed
to the existing antenna array.
Discussion: The project is not in a Specific Plan area. The installation of a backup
emergency equipment for the existing wireless telecommunications facility operation is
allowed subject to Chapters 9.70 (Wireless Communication Facilities) and 30.09 (Zoning
Matrix) and with approval of a ADRMOD in accordance with the provisions of Section
23.08.150 (Modification of Design Review Permit).
The project site is zoned Limited Visitor - Serving Commercial (L -VSC) and is a preferred
location for wireless facilities per Section 9.70.080 (Design) of the Municipal Code. The
properties to the north and east of the project site are single - family residential uses zoned
Residential 8 (R -8). Interstate -5 lays to the immediate west and the City of Encinitas Fire
Station #2 is located to the west on the other side of Interstate -5. To the south, a Valero Gas
Station also zoned L -VSC is located at the corner of Birmingham Drive and Villa Cardiff
Drive.
A noise study was prepared to only assess the proposed addition of the fuel cell and does not
address the existing wireless equipment, which was previously permitted in 1995 and had
been in operation since. A Noise Impact Analysis report dated November 6, 2012 was
prepared by Eilear Associates, Inc which stated that the equipment had been tested and
produced an onsite noise measured at 47 decibles (dB) which is less than the ambient range
of 75 to 80 dB (from Interstate -5) pursuant to General Plan Noise Element Figure 1 (Map
B). The report noted a daytime ambient noise level of 68 db consistent with the General
Plan Noise Element Figure 1. When measured at the closest and northern property line that
abuts a residential zone of R -8 in accordance with Chapter 30.40 (Performance Standards),
the equipment's noise measurement dropped to 40 dB (from 47 db) which is less than the 45
dB (10:00 p.m. to 7:00 a.m) and 50 db (7:00 a.m to 10:00 p.m) performance standards.
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Since the equipment is located immediately next to and within approximately six feet of the
hotel, the hotel would be subject to the equipment noise. In accordance with Chapter 30.40
(Performance Standards) for the L -VSC zone, the equipment noise of 47 db is less than the
55 dB (10:00 p.m. to 7:00 a.m) and 60 db (7:00 a.m to 10:00 p.m) performance standards
when measured at the hotel building fagade. The report also noted that the exterior building
construction would also attenuate some 15 db of the noise generated. Therefore, the
proposed project complies with the General Plan Noise element and Chapter 30.40
(Performance Standards).
Conclusion: The Planning and Building Department finds that the project design as
proposed and conditioned is consistent with the General Plan, Local Coastal Program and
the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The applicant requests approval of an Administrative Design Review Permit and
Coastal Development Permit to modify DCD -95 -21 (Case No. 95 -076 ADR) approved on
May 8, 1995 to include a backup fuel cell power system for emergency power to the
existing Verizon cell site on the subject property. No changes are proposed to the
existing antenna array.
Discussion: The project is located within the ScenicNisual Corridor Overlay (S /VCO)
zone. Section 30.34.080 (ScenicNisual Corridor Overlay) of the Municipal Code
provides that for projects within the SNCO zone, consideration be given to the overall
visual impact of the project and conditions or limitation pertaining thereto may be applied
to the project. The 7 -foot tall enclosure walls are lower than the ridgeline of the 30 -foot
tall motel and would be colored to match the earthtone- colored stucco of the motel so as
to minimize any visual impact relative to bulk and scale. The 7 -foot tall walled, backup
emergency equipment will not project above the adjacent ridgeline of the approximately
30 -foot tall hotel as viewed by Interstate -5 and will be mostly screened from view from
the adjacent Villa Cardiff Drive and the Interstate -5 freeway by existing vegetation along
the freeway and on the property. Even though a 7 -foot wall encloses the equipment, it is
placed at the top of a slope that drops from the hotel pad to the lower parking lot. Given
the slope, a 3 -foot tall portion of the slab will be visible from the west and be softened by
shrubbery mitigating the appearance of a 10 -foot wall (7 foot wall plus 3 foot slab). In
order to assess the visibility of the proposed facility from Interstate -5 and adjacent
properties, photo simulations were submitted showing the addition of the backup
emergency equipment. Those simulations demonstrate that there will be no significant
overall visual impact from installation of the equipment within the Scenic /View Corridor
as described. There will be no significant overall visual impact from installation of the
equipment within the ScenicNiew Corridor as described. No additional conditions
regarding visual impact, height, setbacks and landscaping need to be applied. Therefore,
the application is consistent with the City's General Plan, Local Coastal Program, and
Municipal Code.
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Conclusion: The project as proposed is consistent with Chapter 9.70 (Wireless
Communication Facilities) and Chapter 23.08 (Design Review) of the Municipal Code
The Planning and Building Department finds that the project design as proposed and
conditioned is consistent with the General Plan, Local Coastal Program, and Municipal
Code.
C. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The project complies with all applicable standards outlined in the General Plan,
Local Coastal Program, and Municipal Code.
Discussion: No evidence has been received by the City to indicate that the proposed project
would adversely affect the health, safety, or general welfare of the site, the immediate
neighborhood, or the greater community. The proposed project will conform to all
applicable provisions of the General Plan, Local Coastal Program, and Municipal Code.
The project will comply with the noise thresholds and standards contained in Chapter 30.40
(Performance Standards) and the self -test would be completed during the daytime between
7:00 a.m. and 7:00 p.m.
Conclusion: The Planning and Building Department finds that the project design will not
adversely affect the health, safety, or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The applicant requests approval of an Administrative Design Review Modification
and Coastal Development Permit to modify DCD -95 -21 (Case No. 95 -076 ADR)
approved on May 8, 1995 to include a backup fuel cell power system for emergency
power to the existing Verizon cell site on the subject property. No changes are proposed
to the existing antenna array.
Discussion: The project will be compatible with the current use of the site, the existing
structures, and the surrounding vicinity. No evidence has been submitted or discovered
that would suggest that the proposed remodel would have a detrimental effect on the
appearance or value of the site or surrounding neighborhood. The project site is zoned
Limited Visitor - Serving Commercial (L -VSC) and is a preferred location for wireless
facilities per Section 9.70.080 (Design) of the Municipal Code. Therefore, the proposed
project will not cause the surrounding neighborhood to depreciate materially in
appearance or value.
Conclusion: The Planning and Building Department finds that the proposed project will not
cause the surrounding neighborhood to depreciate materially in appearance or value.
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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 applicant requests approval of an Administrative Design Review Modification
and Coastal Development Permit to modify DCD -95 -21 (Case No. 95 -076 ADR)
approved on May 8, 1995 to include a backup fuel cell power system for emergency
power to the existing Verizon cell site on the subject property. No changes are proposed
to the existing antenna array.
Discussion: Related to Finding No. 1, with the approval of the Administrative Design
Permit Modification and Coastal Development Permit request, the proposed project will
comply with all applicable Sections of the City's General Plan, Local Coastal Plan, and
Municipal Code. 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 near the northeast corner of Interstate -5 and Birmingham Drive;
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 Section 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.
ENVIRONMENTAL STATUS: The project has been determined to be exempt from
environmental review pursuant to Section 15303(d) of the California Environmental Quality Act
(CEQA) Guidelines. Section 15303(d) exempts the construction and location of limited numbers
of new, small facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another where only
minor modifications are made in the exterior of the structure.
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This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on July 9, 2015 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.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on March 12, 2013, consisting of eight sheets including Title
Sheet (Sheet T -1), Topographic Survey (Sheets C -1 and C -2), Site Plan and Storm
Management Plan (Sheet A -1), Erosion Control Plan (Sheet A -1.1), Detailed Site Plan
(Sheet A -2), and Architectural Elevations (Sheets A -3 and A -4) all designated as approved
by the Planning and Building Director on July 9, 2013, and shall not be altered without
express authorization by the Planning and Building Department.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Planning and Building Department:
1. Prior to final occupancy, a final inspection will be completed by the Planning and
Building Department.
2. This project shall comply with the previous conditions of DCD -95 -21 (Case No. 95-
0765 ADR) approved on May 8, 1995 unless specifically modified herein.
3. Non - emergency operation of the backup emergency generator for purposes of routine
maintenance and testing shall be limited to once every 21 days (3 weeks), between the
hours of 7:00 a.m. to 7:00 p.m. and fully comply with the noise thresholds and standards
contained in Chapter 30.40 (Performance Standards).
SCB The following conditions shall be completed and/or fulfilled to the satisfaction of Fire
Prevention:
Cylinders and pressure vessels for flammable gases shall be designed, constructed,
installed, tested and maintained in accordance with current California Fire Codes.
2. Prior to building permit issuance, an approved manual or automatic emergency
shutoff valves that can be activated at each point of use and at each source shall be
provided per the current California Fire Code and to the satisfaction of the Fire
Department.
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3. Prior to final occupancy, "No Smoking" signs shall be posted to the satisfaction of
the Fire Department.
4. Prior to final occupancy, provide NFPA -704 placards mounted on the exterior door
leading to the fuel cell storage area. The NFPA -704 placard shall be numbered to
indicate hazard of fuel cell storage. Placard shall be of a minimum 12- inches by 12-
inches square in size, with reflective numbers.
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
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:
A. 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.
B. The owner /applicant shall provide a Knox key box for emergency Fire Department
access.
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This notice constitutes a decision of the Planning and Building Department only. Additional
permits, including Building Permits, may be required by the Building Division or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1. 12, this decision may be
appealed to the City Council within fifteen (15) calendar days of the date of this determination.
The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the
15`h calendar day following the date of this notice of decision.
If you have any questions regarding this determination, please contact J. Dichoso, Associate
Planner, at (760) 633 -2681 or by email at idichoso(d)encinitasca.jZov; or contact the Planning and
Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633 -2710 or by
email at plannin2(&encinitasca.2ov.
Z.
Jeff Murphy
Planning and Building Department Director
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