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RESOLUTION NO. L-89-24
8 A RESOLUTION BY THE LEUCADIA COMMUNITY ADVISORY BOARD
TO APPROVE A MINOR USE PERMIT TO ALLOW CONSTRUCTION OF A
CELLULAR TELEPHONE TRANSMISSION FACILITY CONSISTING
OF A MONOPOLE, ASSOCIATED ANTENNAS AND MICROWAVE DISH,
NOT TO EXCEED FORTY-FIVE (45) FEET IN HEIGHT, AND A
432 SQUARE FOOT ACCESSORY BUILDING TO HOUSE RELATED
ELECTRONIC GEAR LOCATED AT 801 ORPHEUS AVENUE
(CASE NO. 89-195-MIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by U.S. West Cellular, Inc. to allow construction of a
cellular telephone transmission facility as per Chapter 30.74 of
the City of Encinitas Municipal Code, for the property located at
801 Orpheus Avenue legally described as:
SEE ATTACHMENT "A"
WHEREAS, public hearings were conducted on the application on
November 9, 1989 and December 7, 1989 and all persons desiring to
be heard were heard; and
WHEREAS, evidence was submitted and considered to include
8 without limitation:
1. The staff reports dated November 9, 1989 and November 29,
1989;
2. The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant;
and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to Section 30.74 of the Zoning Code.
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Minor Use Permit
application is hereby approved subject to the following conditions:
SEE ATTACHMENT "C"
8 JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN
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8 PASSED AND ADOPTED this 7th day of December, 1989, by the
following vote, to wit:
AYES: Eldon, Shur, Kaden, Harwood
NAYS: Locko
ABSENT: None
ABSTAIN: None
Do~gl Harwood, Chairperson
of t,Leucadia
c~=.ty A~isory Board
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Assistant Planner
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ATTACIIXENT "A"
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-89-2i
All of Lots 5 and 15 in Block 2 of AVOCADO ACRES, in the County of
San Diego, State of California, according to Map thereof No. 1791,
filed in the office of the County Recorder of San Diego County,
April 29, 1924, EXCEPTING that portion of Lot 5 lying Easterly of
the following described boundary line;
Beginning at the Northwesterly corner of said AVOCADO ACRES, said
corner being marked by a 2" by 2" Hub and Tack; thence along the
following numbered courses; (1) along the Westerly line of said
AVOCADO ACRES South 4 °29' 30" West, 59.33 feet; (2) leaving said
Westerly line South 85°30' 30" East, 20.00 feet to the Westerly line
of said Block 2; (3) North 76°21'00" East, 43.36 feet; (4) South
70°32'18" East, 137.30 feet; (5) South 27°55'53" East, 283.77 feet;
(6) South 20°04'07" East, 402.52 feet; (7) South 15°26'24" East,
205.76 feet to the Westerly line of Lot 19 in Block 1 of said
AVOCADO ACRES; (8) along the Westerly line of said Lot 19 South
17°16'18" West, 64.22 feet to the southwesterly corner of said Lot
19.
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ATTACHMENT "B"
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-89-24
Minor Use Permit (30.74.070) Findings:
A. The location, size design or operating characteristics of the
proposed project will not be incompatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
1. The adequacy of public facilities, services and utilities
to serve the proposed project;
2. The suitability of the site for the type and intensity
of use or development which is proposed; and
3. The harmful effect, if any, upon environmental quality
and natural resources of the City; and
Evidence to Consider: The project as modified, is consistent
with permitted uses in the Public/Semi-public zone. The
facility is located well away from surrounding residential
8 uses to minimize any visual impacts. The existing site is
adequately served by all public utilities; the extension of
utilities to the project is feasible. The board can identify
no reason why the proposal would be unsuitable for the site
or pose a harmful effect upon environmental quality or natural
resources.
B. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of this Code; and
Evidence to Consider: The proposed project, as modified to
reduce visual impacts from the I-5 visual corridor, does
conform to General Plan policies and zoning code requirements;
specifically, although the General Plan and Zoning Code limit
structures to a height of 30 ft. the Community Advisory Board
has evaluated evidence submitted by the applicant which
indicates that a height of 45 ft. for the monopole antenna
will be the minimum height possible to retain operating
capacity for the intended communication purposes. Federal
Communications Commission and state of California Public
utility Commission regulations supersede the City General Plan
and Zoning Code limitations relative to antennas in that local
municipali ties cannot restrict operation of communication
equipment to the point of restricting reasonable operations.
8 JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN
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8 The monopole, antennas, and accessory building do not create
a significant visual impact either along the I-5 corridor or
from surrounding residential uses. The addition of mature
landscape screening and reduction in height from 60 ft. to 45
ft. as required by this approval will further reduce any
visual impacts of this project.
c. The project complies with all other regulations, conditions
or policies imposed by this Code.
Evidence to Consider: This project will comply with all
zoning code requirements pertinent to the type of development
proposed. Since the resolution contains standard and specific
conditions that must be satisfied to approve this project.
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ATTACHMENT "C"
. LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-89-24
1. SPECIFIC CONDITIONS:
A. Prior to issuance of building permits, the applicant
shall submit a revised landscape plan utilizing trees
which, in three years, shall be mature and have reached
a height of 15'-20'. This revised landscape plan shall
be submitted to, reviewed by, and subject to the approval
of this board.
B. Prior to submitting plans for plan check, the applicant
shall revise them to indicate the maximum height of the
monopole does not exceed fortY-five (45) feet.
C. This Minor Use Permit shall be reviewed by this board at
five (5) year intervals for the next twenty (20) years.
Through this review, the board shall determine whether
changed economic or technological factors warrant the
modification of this permit as it relates to the height,
size, or siting of this facility.
D. Prior to the issuance of a building permit for this
8 facility, it shall be verified to the satisfaction of
this board that the proposed project can, in fact, be
utilized by the Encinitas Fire Protection District. Such
verification shall take the form of a study prepared by
a qualified consultant at the expense of the City
certifying that such use by the District is compatible
and practicable given the uses proposed by U. S. West
Cellular, Inc.
2. GENERAL CONDITIONS:
A. This approval will expire in two years, on December 7,
1991, at 5:00 p.m. unless the conditions have been met
or an extension has been approved by the Authorized
Agency.
B. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
C. 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.
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8 D. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit.
E. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this permit.
F. 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.
G. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
H. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
8 specifically described in this permit.
I. 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 unless specifically waived here.
J. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance unless
specifically waived here.
K. This approval shall become null and void if building
permits are not issued for this project within two years
from the date of project approval. If the applicant is
not able to obtain building permits due to a growth
management program within the two year period, this
approval may be extended by the Director of Planning and
Community Development to allow for the issuance of
building permits.
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. L. Permits from other agencies will be required as follows:
a. Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. SITE DEVELOPMENT
A. Site shall be developed in accordance with the approved
site plans which are dated and signed as approved on
December 7, 1989 by Community Advisory Board and which
are on file in the Planning and Community Development
Department and the conditions contained herein. Said
site plan is approved subject to the following
modification:
Monopole shall not exceed forty-five (45) feet in
height.
B. 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 Department of Planning and
8 Community Development.
C. 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 Planning and Community
Development.
D. 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:
a. Building pe=it issuance. ¡\
E. ~er(s) shall enter imo and record a covenant 1~
satisfactory to the City Attorney waiving any claims ofð~
liability against the City and agreeing to indemnify and t~
hold harmless the City and City's employees relative to~~
the approved project. (Option for bluff development:
This covenant is applicable to any bluff failure and J)I'~ J
erosion resulting from the development project.) ~t)U
/t~
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F. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
G. A plan shall be submitted for approval by the Director
of Planning and Community Development and the Encinitas
Fire Department regarding the security treatment of the
site during the construction phase, the on- and off-site
circulation and parking of construction workers' vehicles
and any heavy equipment needed for the construction of
the project.
4. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Off street
Parking Design Manual.
5. LANDSCAPING
A. A revised landscape and irrigation plan shall be
submitted to and approved by the Community Advisory Board
prior to the issuance of building permits. Such revised
. plan shall utilize trees which, in three years, shall
reach a mature height of 15'-20'.
B. All required planting 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.
6. SIGNS
A. Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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7. FIRE
A. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
District.
B. All designated emergency access roads shall be posted
pursuant to the Fire District standards.
c. All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 24 feet wide at all times
during construction in accordance with Fire District
requirements.
D. Structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
8 E. Prior to final recordation, the applicant shall submit
a letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
8. BUILDING
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistance of existing buildings.
B. Existing building(s) shall be made to comply with current
building and zoning regulations for the intended use or
the building shall be demolished with appropriate
permits.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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8 9. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
B. The developer shall be responsible for coordination with
S.D.G. & Eo, Pacific Telephone, and Cable TV authorities.
C. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt pursuant to the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
E. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
F. 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.
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