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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