1988-08
. ~ ,'
~ .. RESOLUTION NO. HE 88-08
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD OF
8 TIlE CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT,
ENVIRONMENTAL ASSESSMENT, AND DESIGN REVIEW TO ALLOW FOR
DEVELOPMENT OF A CELLULAR MOBILE ACCESS SITE
LOCATED AT 290 VIA CANTEBRIA STREET
(CASE NUMBER 88-197 KIN/DR/EIA)
WHEREAS, a request for consideration of a Minor Use
Permit, Design Review, and Environmental Assessment was filed
by Pac Tel. Cellular to allow for development of a cellular
mobile access site to include a 95 foot tall antenna and a 500
square foot support structure, pursuant to Chapters 23.08 and
30.74 of the City of'Encinitas Municipal and zoning Codes, for
the property located at 290 Via Cantebria street, also known
as assessor's parcel #257-401-04, legally described as;
Lot 163 of County of San Diego Tract No. 3474-3, in
the County of San Diego, State of California;
according to Map thereof No. 10140, filed in the
8 office of the County Recorder of San Diego County,
July 8, 1981.
WHEREAS, a public hearing was conducted on the
application on September 19, 1988 and October 3, 1988; and
WHEREAS, the Community Advisory Bo~rd considered:
1. The staff reports dated September 14 and September
28, 1988;
2. The application, maps, and plans submitted by the
applicant;
3. The proposed General Plan, Local Coastal Program,
Zoning Code and maps;
4. Oral evidence submitted at the hearing;
5. Written evidence submitted at the hearing.
- PM/05/CRO3-142WP (10-18-88-2)
CASE NUMBER: 88-197 MIN/DR/EIA
I Page 1 of 10
. . WHEREAS, the New Encinitas community Advisory Board of the
city of Encinitas made the following findings pursuant to the
8 municipal codes:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas
community Advisory Board of the City of Encinitas that
application 88-197 DR/MIN/EIA is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the New Encinitas community
Advisory Board of the City of Encinitas that this project will
not have a significant effect on the environment and a
negative declaration is hereby certified, pursuant to the
California Environmental Quality Act (CEQA).
8 PASSED AND ADOPTED this 3rd day of October, 1988, by the
following vote, to wit:
AYES: Barton, Quinn, Colgan, Bagg, Razovsky
NAYS: None
Cary Barton, irman
of the New cinitas
community Advisory Board
of the City of Encinitas
ATTEST:
~ ~-~~~c
Bill wèedman, Senior Planner
8
PM/OS/CRO3-142WP (10-18-88-2) CASE NUMBER: 88-197 MIN/DR/EIA
Page 2 of 10
-~
.
ATTACHMENT" A"
8 Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
1. The location, size, design or operating characteristics of
the proposed project will be compatible with or will not
adversely affect or will be materially beneficial 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;
(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; or
Evidence to Consider:
The location, size, design and use of the proposed
project is compatible with adjacent uses as the
proposal is to build a utility pole support structure
8 which is similar to other utility installations in
the area.
2. The impacts of the proposed proj ect will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code; and
Evidence to Consider:
The proposed project will not adversely affect the
Encinitas General Plan as the specific uses are uses
allowed by a Minor Use Permit in the #3 Residential
category.
3. The project complies with any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider:
The proposed project complies with and will adhere to
all other applicable City codes as represented by the
submitted plans which have been reviewed at the
public hearing and by the City and found to be in
compliance. No standard or criteria has been
waived.
8
PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 3 of 10
r ,
.
Findings For Design Review
8 (Section 23.08.076 Municipal Code)
23.08.072 Requlatorv Conclusions - Generally.
4. The project design is consistent with the General Plan, a
Specific Plan or the provisions of this Code.
Evidence to Consider:
The proposed project is consistent with the present RV-3
Zoning, the #3 Residential designation of the present
General Plan and the R-3 Residential designation of the
Land Use Pol icy Map of the City's Draft General Plan as
the use is allowed by a Minor Use Permit in these
designated zones.
5. The project design is substantially consistent with the
Design Review Guidelines.
Evidence to Consider:
The proposal preserves some significant views enj oyed by
nearby properties to the full extent practical, reflects
an acceptable level of design appearance, takes into
8 consideration the privacy needs of the abutting
residential area, incorporates significant landscaping
into the project, and otherwise substantially conforms
with the City's adopted design criteria.
6. The project will not adversely affect the health, safety
or general welfare of the community.
Evidence to Consider:
The applicant has submitted a biological study and a
cultural and Paleontological resource investigation that
indicated there will be no significant impacts created by
the proposed project, and that the Board has certified a
Negative Declaration which was prepared pursuant to the
findings.
7. The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Evidence to Consider:
The proposal reflects an acceptable level of design
appearance and thus will not be materially detrimental to
surrounding properties.
8
PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 4 of 10
r
.
8. The proposed project is compatible in structural size
8 (bulk and mass) to adjacent properties as the proposed
structure is single story and utility in appearance and
that the utility pole is similar to the existing poles in
the area.
9. There is reasonable probability that the land use and
design proposed will be consistent with the General Plan
proposal being considered or studies since the proposed
General Plan is consistent with the currently adopted
General Plan.
10. There is little or no probability of substantial detriment
to or interference with the future adopted General Plan if
the proposed design is ultimately inconsistent with the
plan, since the project is allowed by the proposed General
Plan.
11. The proposed project is in conformance with section
23.08.074 of the Design Review Ordinance relative to
Design and site Layout as the proposal is to site the
structure adjacent to the water tank and leave a majority
of the site in its natural state.
12. The proposed project is in conformance with section
23.08.076 of the Design Review Ordinance relative to
8 Building Design in that the proposed structure is
designed to blend in with the existing environment.
13. The proposed project is in conformance with section
23.08.077 of the Design Review Ordinance relative to
Landscape Design in that the proposed project is
preserving a majority of the naturally vegetated area and
is proposing to add several trees and shrubs adjacent to
the structure and utility poles.
14. The proposed project design does preserve significant
public views of and through the proposed proj ect to the
extent possible as the development will be to the rear of
the property, adjacent to the base of the water tank, and
that the Board has determined that some of the
significant views are being maintained for neighboring
properties with the project as designed.
15. The project takes advantage of views and/or protects to
the extent possible, some of the significant views enjoyed
by the residents of nearby properties, since it is
proposed to be constructed in such a location on the site
so as not to block a substantial portion of adjacent
significant views.
16. The proposed design complies with all other applicable
8 requirements of state law and local ordinances.
PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 5 of 10
.
ATTACHMENT "B"
8 STANDARD CONDITIONS:
APPLICANT S HALL CONTACT TIlE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH TIlE FOLLOWING
CONDITIONS: (Items 1. through 25.):
GENERAL CONDITIONS
1. This approval will expire on October 3, 1990, two
years after the approval of this project unless the
conditions have been met or an extension has been
approved by the Authorized Agency.
2. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
3. At all times during the effective period of this
permit, the applicant 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;
4. In the event that any of the conditions of this
permit are not satisfied, the Planning Department
8 shall cause a noticed hearing to be sent before the
authorized agency to determine why the City of
Encinitas should not revoke this permit;
5. 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;
6. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit;
7. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit; and
8. Approval of this request shall not waive compliance
with any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at the
time of Building Permit issuance.
8
PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 6 of 10
,
" 9. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code,
8 Uniform Fire Code, and all other applicable codes and
ordinances in effect at the time of building permit
issuance.
10. This approval shall become null and void if building
permits are not issued for this proj ect wi thin two
years from the date of project approval.
11. A permit or finding of exemption shall be obtained
from the Coastal Commission prior to issuing of any
permits.
12. Project is approved as submitted/modified and shall
not be altered without authorized agency review and
approval.
13. The applicant shall dedicate an open space easement
over the portion of the project site north of the
approved structure. The open space easement shall
prohibit removal of any vegetation from the site or
any other grading, grubbing or construction.
SITE DEVELOPMENT
8 14. site shall be developed in accordance with the
approved site plans on file in the Community
Development Department and the conditions contained
herein.
15. All roof appurtenances, including air conditioners,
shall be architecturally integrated, shielded from
view and sound buffered from adjacent properties and
streets as required and approved by the authorized
agent.
16. Prior to any use of the project site or business
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of the Planning and
Community Development Department.
17. For a new commercial or industrial development, or
addition to an existing development, 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 Fees, Drainage Fees and Park
Fees These fees shall be paid prior to building
permit issuance or prior to final occupancy.
8 PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 7 of 10
r . .
,, '
18. Building elevations materials and color are approved
as submitted.
8 19. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
20. This project approval is limited to an approximately
500 square foot building, a 95 ft. high antenna, as
measured from the surrounding natural grade, together
with a microwave dish no greater than 4 feet in
diameter and no more than 8 whip antennas. other
items could be added to the antenna structure at the
discretion of the Director of Planning and Community
Development unless operation of law places the
jurisdiction under the state of California Public
utility Commission.
PARKING AND VEHICULAR ACCESS
21. Driveways shall meet the standard of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
22. Parking area shall be screened from adjacent
properties and/or public view with a combination of a
decorative wall and landscaping. Said screening
8 shall be reviewed and approved by the authorized
agent.
LANDSCAPING
23. All required plantings shall be in place prior to use
or occupancy of new buildings or structures. All
required plantings shall be maintained in good
growing conditions, and whenever necessary, shall be
replaced with new plant materials to ensure continued
compliance with applicable landscaping, buffering,
and screening requirements. All landscaping shall
be maintained in a manner that will not depreciate
adjacent property values and otherwise adversely
affect adjacent properties.
24. The height required for hedges or other dense
landscaping is the height to be attained within 3
years after planting.
25. Landscaping shall be maintained in such a way so view
corridors are not blocked.
8 PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 8 of 10
F
. ,
'. ,'. APPLICANT SHALL CONTACT TIlE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH TIlE FOLLOWING CONDITIONS: (Items 26 through
33):
8 GRADING
26. Grading of the subject property shall be in
accordance with the Grading Ordinance.
27. A soils/geo1ogical/hydrolic report may be prepared
by a qualified engineer licensed by the state of
California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
28. The final grading plan shall be subject to review
and approval by the Public Works Department and shall
be completed prior to issuance of building permit.
STREETS AND SIDEWALKS
29. Prior to any work being performed in the public
right-of-way, a right-of-way construction permit
shall be obtained from the Publ ic Works office and
appropriate fees paid, in addition to any other
permits required.
8 30. Developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements.
DRAINAGE AND FLOOD CONTROL
31. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as required by the Director
of Public Works to properly handle the drainage.
32. Portland cement concrete cross gutters shall be
installed where water crosses the roadways.
33. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
8 PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 9 of 10
1
.
. "
APPLICANT SHALL CONTACT TIlE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH TIlE FOLLOWING CONDITIONS: Items 34 through
8 36):
UTILITIES
34. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
35. utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
36. Water, sewer, and fire protection systems plans shall
be designed and constructed to meet requirements of
the City of Encinitas, Fire District, Appropriate
Agency and the Health Department of the County of
San Diego.
8
e PM/04/CRO3-142WP (10-19-88-3) CASE NUMBER: 88-197 MIN/DR/EIA
Page 10 of 10