Loading...
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. PBD \JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 1 of 10 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 PBD\JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 3 of 10 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. PBD\JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 4 of 10 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. PBD\JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 5 of 10 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. PBD\JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 6 of 10 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. PBD\JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 7 of 10 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. PBD\JD \ \T\NOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 8 of 10 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. PBD\JD \ \'RN0D \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 9 of 10 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 PBDWD \MNOD \12 -171 ADRMODCDP Verizon Fuel Cell NOD.doc Page 10 of 10