2023-42 - EGDocuSign Envelope ID: 0976EC2F-30A3-48F1-9784-43FC247EBFF6
CITYF NOTICE OF DECISION
'Encinitas
Development Services Department
€.r�Pr�ENI SERVICES raEw�ar�rrroE�;I..
Project Name:
AT&T Wireless 135 Liverpool Drive Wireless Modification
Request:
Substantial Conformance Determination with the Planning
and Building Decision No. PBD-2006-55 (Case No. 05-159
ADR/CDP) dated June 5, 2006, to allow for antenna and
equipment upgrades to an existing wireless
telecommunications facility.
Discretionary Action:
Substantial Conformance (SUBC)
CEQA Determination:
Exempt
DECISION:
APPROVED
Project Number:
SUBC-005775-2022
DSD Number:
2023-42
Location:
135 Liverpool Dr
Community:
Cardiff -By -The -Sea
APN:
261-031-29-00
Applicant:
Core One Consulting USA, on behalf of AT&T Wireless
Representative:
Brett Coffelt
Project Planner:
Felipe Martinez, Assistant Planner
Decision Date:
July 12, 2023
Report Approval:
® Katie Innes, Planning Manager
® J. Dichoso, AICP, Senior Planner
This document is to certify that the applicant's proposed plans have been determined to be in
substantial conformance with the originally approved Administrative Design Review (ADR) and
Coastal Development Permit (CDP) approved pursuant to Notice of Decision PBD 2006-55 (Case
No. 05-159 MUP/CDP).
DocuSign Envelope ID: 0976EC2F-30A3-48F1-9784-43FC247EBFF6
ITEM NAME: Dish Cardiff Sports Park Light Pole Antenna Replacement
PROJECT NUMBER: SUBC-005775-2023
JULY 12, 2023
BACKGROUND:
The subject property is located at 135 Liverpool Drive (APN: 261-031-29-00) within the Cardiff -
By -the -Sea Specific Plan General Commercial 1 (C-GC1) zoning district, and within the Coastal
Zone overlay.
Director of Community Development Decision No. DCD-99-100 (Case No. 99-232 ADR/CDP)
dated November 16, 1999, approved a proposed screened cellular facility atop an existing
commercial structure for AT&T Wireless. No building permit was filed to construct the wireless
facility, and the discretionary planning approval expired.
Planning and Building Decision No. PBD-2006-55 (Case No. 05-159 ADR/CDP) dated June 5,
2006, approved the installation of a new telecommunications facility for Cingular Wireless.
(Subsequent to this approval, AT&T Wireless acquired Cingular Wireless). Building Permit No.
06-911 authorized the construction of this facility pursuant to the discretionary approval.
Substantial Conformance Determination (Case No. 14-241 SUBC) dated November 18, 2014,
approved the removal of nine panel antennas, addition of twelve new panel antennas, installation
of twenty-four remote radio units and six new surge suppressors.
PROJECT SUMMARY/ANALYSIS:
The existing wireless facility is being modified, as described below, and as listed on project plans.
Existing screen parapet scope of work:
o Remove one antenna per sector, total of three
o Remove two tower mounted amplifier per sector, total of six
o Install two antenna per sector, total of six
o Install one model DC9 surge protector per sector, total of three
Existing equipment room scope of work:
o Remove and replace twenty battery modules in existing battery rack
o Remove and replace six remote radio units (RRUs)
o Install one base band unit model HSN:8300 in existing TELCO rack
o Install five rectifiers in existing DC power plant
o Install three #6AWG direct current power cable trunks
o Install three fiber cable trunks
The antennas will be screened by existing RF transparent pop -out screen boxes. All accessory
equipment modifications will occur entirely within the existing equipment room. Antennas and
associated equipment will be screened from public view, and no additional noise output will occur.
According to the acoustic emission memorandum provided by the applicant dated August 26,
2022, no additional noise will be produced. The swap of equipment will not generate additional
noise, and no generator or noise producing equipment is proposed.
A radio frequency -electromagnetic energy report was prepared by EBI Consulting, dated May 4,
2022. The wireless telecommunications facility will adhere to the site compliance
recommendations outlined in the EBI Consulting RFE report dated May 4, 2022.
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DocuSign Envelope ID: 0976EC2F-30A3-48F1-9784-43FC247EBFF6
ITEM NAME: Dish Cardiff Sports Park Light Pole Antenna Replacement
PROJECT NUMBER: SUBC-005775-2023
JULY 12, 2023
Furthermore, Telecom Law Firm PC, (the City's Third -Party RF Engineer), has reviewed the
analysis contained in the applicant's Radio Frequency Emission Study and concurred with the
findings. The site will operate in full compliance with the standards for Radio Frequency (RF)
Emissions, as adopted by the Federal Communications Commission (FCC). The study includes
information related to the facility's power, access, signage, antenna height, and other elements,
and has confirmed that all recommended radio frequency emissions mitigation measures are
followed, and that the proposed changes at the existing telecommunications facility demonstrate
planned compliance with the FCC Rules for the proposed site design.
All signage will comply with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content
conventions. Additionally, all signage will provide a working local or toll -free telephone number to
its network operations center, that reaches a live person who can exert transmitter power -down
control over this site, as required by the FCC.
The number and height of the antennas and configuration are consistent with the regulations
outlined in Section 6409(a) contained within the Middle -Class Tax Relief and Job Creation Act of
2012. Section 6409(a)(2) of the Middle -Class Tax Relief and Jobs Creation Act of 2012 defines
an "eligible facilities request" as a request to collocate, remove, or replace transmission
equipment on an existing wireless tower or base station. Telecom Law Firm PC, (the City's Third -
Party RF Engineer), concluded that the proposed changes are in conformance with Section
6409(a), as there are no increases to height or width, fewer than four new equipment cabinets,
no new excavation, and the concealment element will be improved The City concludes that
Section 6409 applies to the proposed project and that the project demonstrates planned
compliance with federal radio frequency exposure guidelines.
This determination is based on the following findings for a Substantial Conformance of a
Design Review Permit:
1. No project condition is changed or deleted;
The proposed modifications to the existing wireless telecommunications facility does not affect
the conditions of approval of Notice of Decision, PBD-2006-55 (Case No. 05-159 ADR/CDP), all
of which will remain in effect for this project.
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 integrity, safety, and function of the existing wireless communications facility will remain the
same with the proposed modifications. The Development Services Department finds that there
are no significant changes that warrant a modification to the original permit.
3. The area of any residential floor plan or any nonresidential building is not decreased
or increased by more than five percent;
The project is not a residential development (wireless facility). The nonresidential building floor
plan is not decreased or increased by any amount, based upon the project scope.
4. No additional lots or dwelling units are added;
3 of 5
DocuSign Envelope ID: 0976EC2F-30A3-48F1-9784-43FC247EBFF6
ITEM NAME: Dish Cardiff Sports Park Light Pole Antenna Replacement
PROJECT NUMBER: SUBC-005775-2023
JULY 12, 2023
No additional lots or dwelling units are proposed to be added to the project.
5. No private or public open space is reduced in area or in its potential for use and
enjoyment;
No public or private open space will be reduced by this proposal. The proposed project is limited
to the leasehold area of the existing wireless telecommunications facility.
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 decision;
The proposed project will maintain the same design appearance by housing all new antennas and
equipment behind the existing FRP screens and tower parapet and within an existing equipment
room, therefore, maintaining the spirit and intent of the original Administrative Design Review
Permit and Coastal Development Permit. The proposed project will not modify the existing shape
and bulk of structures, exterior materials, landscaping, or parking.
7. The grading plan will not increase or decrease the final grade on any part of the site
by more than three feet over or under the plan approved by the design review
decision, unless the Director finds that (1) the design is substantially altered by the
grading change, (2) the design review approval specifically prohibits variation to
the elevation of the pads, or (3) the change in pad elevation impacts surrounding
views, and/or substantially increases the bulk and mass of a building; and
The proposed project consists of the replacement of antennas and equipment at an existing
wireless facility. There is no grading proposed within the scope of work for this project.
8. No significant changes are made which, in the opinion of the Director, should be
reviewed by the body which approved the original design review application.
Based on the discussion above, the Development Services Department finds that there are no
significant changes that would require submittal of a discretionary permit modification.
Environmental Status: This project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15302(c) (Class 2, Replacement or Reconstruction). This
exemption applies to the reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity. The proposed project proposes the replacement of
antennas and equipment at an existing wireless facility and meets the criteria for the exemption.
The proposed improvements do not result in any new impacts not previously reviewed by the prior
approval, Planning and Building Decision No. PBD-2006-55 (Case No. 05-159 ADR/CDP) dated
June 5, 2006.
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
4 of 5
DocuSign Envelope ID: 0976EC2F-30A3-48F1-9784-43FC247EBFF6
ITEM NAME: Dish Cardiff Sports Park Light Pole Antenna Replacement
PROJECT NUMBER: SUBC-005775-2023
JULY 12, 2023
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 Felipe Martinez,
Assistant Planner, at (760) 633-2715 or by email at iu!n!quiuliiiNg7 or contact the
Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633-
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27 0 or by email at il'......................................
DocuSigned by:
mac, l l tku's
OA16A15BEC64492...
Katie Innes
Planning Manager
5 of 5
M fM
Certificate Of Completion
Envelope Id: 0976EC2F30A348F1978443FC247EBFF6
Subject: Complete with DocuSign: 005775-2022 SUBC (135 Liverpool Dr) 2023-42.docx
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Record Tracking
Status: Original
7/12/2023 5:12:28 PM
Signer Events
Katie Innes
kinnes@encinitasca.gov
Principal Planner
City of Encinitas
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Holder: Brayden Davis
bdavis@encinitasca.gov
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Status: Completed
Envelope Originator:
Brayden Davis
505 S Vulcan Ave
Encinitas, CA 92024
bdavis@encinitasca.gov
IP Address: 70.183.94.130
Location: DocuSign
Timestamp
Sent: 7/12/2023 5:13:19 PM
Viewed: 7/12/2023 5:14:08 PM
Signed: 7/12/2023 5:14:14 PM
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