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2021-36 - EGAAW NOTICE OF DECISION :u 'Enc'initas Development Services Department DEVELOPMEN r SERVICES DEPARTMEN r Project Name: T-Mobile Wireless upgrades on existing building Request: Substantial Conformance Determination with Case No. 96- 160 ADR/CDP (DCD 96-76) approved October 10, 1996 and 95-316 ADR/CDP (DCD 96-05) approved January 15, 1996 to allow change out of antennas and equipment cabinets on an existing wireless telecommunications facility. Discretionary Action: Substantial Conformance (SUBC) CEQA Determination: EXEMPT DECISION: APPROVED Project Number: SUBC-004461-2021 DSD Number: 2021-36 Location: 2185 San Elijo Avenue Community: Cardiff -by -the -Sea APN: 261-032-31 Applicant: T-Mobile Representative: Delilah Bruzee, Md7 Project Planner: Todd Mierau, Associate Planner, tmierau ee cinitasca. ov Decision Date: July 13, 2021 Report Approval: ®Andrew Maynard, Senior Planner ®Anna Colamussi, Planning Manager This document is to certify that the applicant's proposed plans dated received by the City of Encinitas on April 1, 2021, have been determined to be in substantial conformance with the originally approved Case Nos. 96-160 ADR/CDP (DCD 96-76) approved on October 10, 1996 and 95-316 ADR/CDP (DCD 96-05) approved January 15, 1996. ITEM NAME: T-MOBILE PROJECT NUMBER: SUBC-004461-2021 DATE: 7/13/2021 BACKGROUND: The project site is an existing commercial office building with retail and offices existing on both floors. An existing T-Mobile wireless telecommunications facility exists on the project site, which was constructed in the mid-90's. Case Nos. 95-316 ADR/CDP (DCD 96-05) approved January 15, 1996 and 96-160 ADR/CDP (DCD 96-76) approved October 10, 1996 allowed the current facility with four existing antennae's located on the building and existing ground level equipment in the current configuration and orientation that is present today. PROJECT SUMMARY/ANALYSIS: This determination is based upon the following modifications: Remove four existing antennas and install four new panel antennas painted to match the building's exterior. Remove six Remote Radio Units (RRU's) and install four RRU's total.. Remove two existing equipment cabinets and one power panel and replace with new equipment cabinet and new 200-amp power panel. This determination is based on the following findings: This determination is based on the following findings for Substantial Conformance with a Design Review Permit: 1. No project condition is changed or deleted; The proposed modification does not affect the original conditions of approval. 2. No feature, facility, or amenity is deleted or substantially altered which had been considered essential to the project's quality, safety, or function by the decision making body; The design is consistent with the exterior appearance of the original facility approved under the Administrative Design Review Permit and Coastal Development Permit with Case No. 96-160 ADR/CDP (DCD 96-76) approved October 10, 1996 and 95-316 ADR/CDP (DCD 96-05) approved on January 15, 1996. The antennas will be painted to match the exterior appearance of the existing building so as to maintain the same essential function approved by the previous decision making body. 3. The area of any residential floor plan is not decreased or increased by more than five percent; The proposed change will not increase floor area. 4. No additional lots or dwelling units are added; No additional lots or dwelling units are proposed to be added to the project. 5. No public or private open space is reduced in area or in its potential for use and enjoyment; 2 of 4 ITEM NAME: T-MOBILE PROJECT NUMBER: SUBC-004461-2021 DATE: 7/13/2021 No public or private open space will be reduced by this proposal. 6. The shape and bulk of structures, exterior building materials, landscaping, parking and access are substantially in conformance with the spirit and intent of the Design Review Permit decision; The project still maintains the same functional characteristics, whereby the spirit and intent of the original Administrative Design Review Permit and Coastal Development Permit is maintained. The facilities are proposed to be painted to match the building color to appear seamless in the overall existing design. 7. The grading plan will not increase or decrease the final grade on any part of the site by more than 3 feet over or under the plan approved by the Design Review Permit decision; No grading is proposed. 8. No significant changes are made which, in the opinion of the Development Services Department should be reviewed by the body which approved the original application; The overall integrity and function of the wireless telecommunications facility will remain unchanged with the antenna change out, RRU installation and equipment cabinet change out within the existing equipment enclosure. The wireless telecommunications facility as proposed will operate in full compliance with the standards for Radio Frequency Emissions (RF) as adopted by the FCC with adherence to the site's cumulative compliance recommendations outlined in the RF report prepared by EBI, Consulting. Kramer Telecom Law Firm, the City's Third -Party RF Engineer, through their analysis of the applicant's Radio Frequency Emission study about power, antenna height and other elements, confirmed that the proposed telecommunications facility with the proposed changes are in compliance with the Federal Communications Commission (FCC) OET 65 requirements and Section 6409(a) contained within the Middle -Class Tax Relief and Job Creation Act of 2012. All "RF Notice" signs will be installed in compliance with FCC OET Bulletin 65 in both English and Spanish. The proposed equipment cabinet will be in compliance with Chapter 30.40 of the Encinitas Municipal Code (Performance Standards). Based on the discussion above, the Development Services Department finds that there are no significant changes that warrant a modification to the permit. Environmental Status: The project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15303(d) which exempts the construction and location of limited numbers of new, small facilities or structures from environmental review. The project meets the criteria for the exemption. This determination shall be valid 15 days from the date of this Determination, during which time any aggrieved person may, upon payment of necessary fees, file an appeal. Additional permits, including Building Permits, may be required by the Development Services Department or other City Departments. It is the applicant's responsibility to obtain all necessary permits required for the type of project proposed. The applicant may proceed through the plan check process during the appeal period at his/her own risk; plan check fees are non-refundable. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in 3 of 4 ITEM NAME: T-MOBILE PROJECT NUMBER: SUBC-004461-2021 DATE: 7/13/2021 accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. If you have any questions regarding this determination, please contact Todd Mierau, Associate Planner, at (760) 633-2693 or by email at;;;,p,!ii..!!Lt!.I!1,.d..3.plu.f".I!!L!I!'lujl!32g fy; or contact the Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633- 2710 or by email at .114.Illy.m„!Iil.!Iq"iiii!.t..)..:!!iiii.pl.!i!..2:q...9.fy.• Anna Colamussi Planning Manager 4of4