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PC Resolution-04-08-24-01PLANNING COMMISSION RESOLUTION NO. 04-8-24-1 SPRINT TELECOM FACILITY CUP 04-05 AND ZV 04-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE AND CONDITIONAL USE PERMIT FOR A SPRINT TELECOM FACILITY EAST OF CALLE ANDULUCIA WHEREAS, Delta Groups Engineering, Inc., 2362 McGaw Avenue, Irvine, CA 92614 has filed an application with the City of San Juan Capistrano for approval of a Conditional Use Permit (CUP 04-05) to construct, operate, and maintain a ground-mounted antenna and telecommunications facility at the reservoir site east of 3900 Calle Andalucia (APN 675-321 -03), within the “GOS” General Open Space District; and WHEREAS, Delta Groups Engineering, Inc. has also filed an application for approval of a Zone Variance (ZV 04-07) to allow the proposed telecom facility to be located less than 20 feet from the side property line and less than 300 feet from the nearest residential zone; and WHEREAS, per Section 15303 of the California Environmental Quality Act Guidelines, the project is categorically exempt from environmental review because it is within the category of “New Construction or Conversion of Small Structures” (Class 3); and WHEREAS, the Planning Commission has conducted a duly-noticed public hearing regarding the proposed land use applications for the project, and considered evidence presented by the City staff and other interested parties; and - WHEREAS, the Planning Commission finds as follows with regard to Zone Variance 04-07 A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings such that the strict application of this code would deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification in that, unlike most parcels zoned GOS in the City, the present parcel is very small, approximately 4800 sq.ft., drops off sharply on the south and west sides, and has an existing water tank, trees, and other facilities already on the site. Therefore, it is not feasible to meet the required sideyard setback. In addition, the parcel, though located in the vicinity of existing and future residential areas, has the special elevation and other characteristics required for the telecom antenna. The preceding conditions are not present on other properties in the vicinity under the same zoning classification. L B. The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated in that there are no other properties in Resolution No. 04-8-24-1 Page 2 L the vicinity under the same zoning which have the needed elevation and pad availability to accommodate the proposed facility. C. The variance will not result in development which is inconsistent with the goals, policies and objectives of the General Plan or Land Use Code in that it will be an open space-oriented use consistent with the General Plan designation and will meet all other development and use provisions of the Land Use Code. WHEREAS, the Planning Commission finds as follows with regard to Conditional Use Permit 04-05: A. B. C. L The proposed development is permitted within the subject zone pursuant to the approval of a conditional use permit, in that it complies with all applicable provisions of the Land Use Code (Title 9 of the Municipal Code), the purpose and intent of the zone in which the development is being proposed, and with the goals, objectives, and policies of the San Juan Capistrano General Plan. The site is suitable for the type and intensity of development that is proposed, in that it complies with the type and intensity requirements of the Land Use Code for the zone in which the development is being proposed, and with the goals, objectives, and policies of the General Plan. As conditioned, the proposed development will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties and improvements in the vicinity, nor will it negatively impact surrounding land uses, in that the land use is consistent with the General Plan and Land Use Code, and because: The view of the antenna “tree” from the homes on Calle Andalucia will be partially obscured by the existing tank and the trees on the site. The view of the antenna from the future HR residential area to the east will be buffered by additional real trees placed around the antenna as a condition of approval. The view from other homes to the north and south will be from long distance. At that distance, the antenna “tree” will tend to appear as a part of the landscape. NOW THEREFORE BE IT RESOLVED, that, based on the preceding findings, the Planning Commission of the City of San Juan Capistrano hereby approves CUP 04-05 and ZV 04-07 for the telecommunications facility shown in concept in the site plan attached hereto as Exhibit “A”, subject to the following conditions: 1. Establishment of Land Use. This Conditional Use Permit shall become null and void if the land use is not commenced within one year from its date of approval. Since the use requires the issuance of a building permit, the use shall not be deemed to have commenced until the date that the building permit is issued. Also, the use shall v Resolution No. 04-8-24-1 Page 3 2. 3. 4. 5. 6. 7. be deemed to have lapsed and this Conditional Use Permit shall be deemed to have expired when a building permit has been issued but construction has not been completed and the building permit has expired in accordance with applicable sections of the Uniform Building Code, as amended. The applicant or hidher designee shall have the right to request an extension of this Conditional Use Permit if said request is filed with the Planning Department prior to expiration as set forth above. The request shall be subject to review and approval by the Planning Commission. (Plng . ) Cessation of Use. Prior to ceasing operation of the facility, the operator shall notify the Planning Director in writing. If the discontinued use is permanent, the owner and/or operator shall promptly remove the facility, and repair any damage to the premises caused by such removal, which may include revegetation. All such removal and repair shall be completed within 90 days after the use is discontinued, and shall be performed in accordance with all applicable codes and regulations. For purposes of this condition, a facility shall be considered to be discontinued permanently after being vacated for a period of 180 days. Any subsequent proposal to use the facility shall require approval of a new conditional use permit. Communication facilities that have been determined to be inoperative or abandoned for a period of 180 days shall be removed, unless a new application to re-establish the use is filed with the City. (Plng.) Substantial Conformance with Plans. The applicant or designee shall develop the approved project in substantial conformance with this Conditional Use Permit and associated plans approved by the Planning Commission. Any deviation from the approved site and other plans shall require approval of the Planning Director or designee. If the Planning Director or designee determines that the deviation is significant, the applicant or designee shall be required to apply for review and obtain the approval of the Planning Commission. (Plng.) Legal Access to Site. Prior to issuance of a building permit, the applicant shall provide evidence to the satisfaction of the Planning Director that the applicant has legal access over the easement road to the site for the subject use. (Plng.) Co-Location. Prior to issuance of a building permit, the applicant shall provide evidence to the satisfaction of the Planning Director that the antenna structure and the facility are designed to allow the co-location of other communication facilities. (Plng-) Applicable Fees. Prior to issuance of a building permit, the applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code. (Engr.) Drv Utilities (Electrical, Telephone). Prior to issuance of a building permit, the applicant shall submit to the City Engineer for review, and shall obtain approval for, electrical and telephone installation or modification plans and appurtenances to ensure compatibility with existing and proposed improvements. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.) Resolution No. 04-8-24-1 Page 4 L 8. New Fan Palms. Prior to issuance of a building permit, the applicant shall submit a revised site plan to the satisfaction of the Planning Director showing at least three box-size fan palms in the vicinity of the “monopalm” antenna, with a minimum average height of 20 feet, in order to soften the visual impact of the new antenna and provide a more natural appearance. (Plng.) 9. Installation of Fan Palms. Prior to issuance of a certificate of occupancy, the applicant shall install the required box-size fan palms to the satisfaction of the Planning Director. (Plng.) IO. Installation of all Improvements to the Citv’s Satisfaction. Prior to issuance of a certificate of occupancy, the applicant shall complete, to the satisfaction of the City Engineer, all required improvements to serve this project in accordance with City- approved plans. (Engr.) PASSED, APPROVED AND ADOPTED this 24* day of August, 2004 by the following vote, to wit: AYES: Commissioners: Drey, Ratcliffe, and Vice Chairman Cardoza NOES: Commissioner Cohen L ABSENT: Chairman Neely ABSTAIN: None Molly BoN, CortPbnission Secretary * - i;- EXHIBIT A: --- .-I---.