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1989-24 ' . // ,,/ . 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 PAGE 1 OF 11 . 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 ~~~ Assistant Planner 8 8 JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 2 OF 11 . - 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. 8 8 JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 3 OF 11 . - 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 PAGE 4 OF 11 '. 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. 8 8 JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 5 OF 11 . : 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. . JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 6 OF 11 - . 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. e JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 7 OF 11 - . ., . 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~ . ~/O2/CM5-436~5 (12/14/89/2) ~SE NO. 89-195-MIN ~ PAGE 8 OF 11 3/9 (1t1 ' . 8 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: . JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 9 OF 11 . .: . 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: . JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 10 OF 11 - ' . ; 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. . JJ/02/CRO5-436WP5 (12/14/89/2) CASE NO. 89-195-MIN PAGE 11 OF 11 -