PC Resolution-04-09-28-02PC RESOLUTION NO. 04-09-28-2
CONDITIONAL USE PERMIT 04-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING AN UNMANNED WIRELESS
COMMUNICATION FACILITY ON AN EXISTING BUILDING LOCATED AT
33633 CAMINO CAPISTRANO AND MORE PRECISELY REFERRED TO
WIRELESS).
AS ASSESSORS PARCEL NUMBER 121-25441 AND 121-240-19 (AT&T
WHEREAS, the Weseloh Family Limited is owner of real property described as
Assessor's Parcel Number 121 -254-41 &I 21-240-1 9 located at 33633 Camino Capistrano,
San Juan Capistrano; and,
WHEREAS, AT & T Wireless proposes to construct, operate, and maintain an
unmanned wireless telecommunications facility inside of the north, east, and west parapets
of the existing roof of the Weseloh Chevrolet and Hummer Dealership located at 33633
Camino Capistrano. Proposed wireless equipment would consist of three antenna sectors
for a total six antennas, fourAT&T Wireless Services (AWS) equipment cabinets (two initial
and two future), one vertical cable tray, and one Telco cabinet. The four equipment
cabinets, cable tray, and Telco cabinet would be located internally, within a proposed
1 I'x23' leased area located on the second floor at the south end of the building; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and reviewed for compliance with the City's
General Plan and the City's adopted Architectural Design Guidelines; and,
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WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 1531 I of the California Environmental Quality Act (CEQA) and issued a Class 1 I
categorical exemption and caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines, and all mitigation measures have been included herein as
conditions of approval, and has otherwise complied with all applicable provisions of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public meeting on
September 28,2004 pursuant to Section 9-2.31 3 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the of the San Juan Capistrano Design
Guidelines by integrating the overall building and/or landscape with the wireless
communication antennas; and;
PC Resolution 04-09-28-2 2 September 28.2004
2. The proposed project complies with all applicable provisions of the Land Use
Code subject to the mitigation measures and conditions of approval contained in
this resolution; and,
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to the following conditions of
approval:
1. Plans submitted for grading/ building permit plan check shall include as part of
the black line information sheet, a complete copy of the signed binding Planning
Commission Resolution.
2. The applicant shall secure all applicable building permits for construction
of the proposed additions as required by the Building Official.
3. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply
with all construction activities which includes the delivery and/or recovery of
materials, supplies or construction equipment shall be conducted in accordance
with the prescribed hours of operation.
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Monday through Friday
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundavs and on any federal holiday
unless waived by the Building Official.
4. The applicant shall allow the co-location of antennae and related cellular
transmission facilities on the project site by other telecommunications companies,
in the future, if requested.
5. The applicant shall allow cohabitation and/or colocation on the site by other
telecommunication companies in the future, if requested.
O.C.F.A. CONDITION OF APPROVAL
6. Hazardous Materials Service Code: 2.39: Prior to the issuance of a grading or
building permit, the applicant shall submit to the Fire Chief a list of all hazardous,
flammable and combustible liquids, solids or gases to be stored, used or handled
on site. These materials shall be classified according to the Uniform Fire Code
and a document submitted to the Fire Chief with a summary sheet listing the
totals for storage and use for each hazard class. Please contact the OCFA at
(714) 573- 6100 or visit the OCFA website to obtain a copy of the “Guideline for
Completing Chemical Classification Packets.”
PC Resolution 04-09-28-2 3 September 28.2004
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 PM, Wednesday, October
13th, 2004. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on October 13, 2006 unless a time extension
request or building permit application related to this discretionary approval is submitted to
the City prior to that date.
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PASSED, APPROVED AND ADOPTED this 28th day of September, 2004, by
the following vote, to wit:
AYES: Commissioners Cohen, Drey and Ratclliffe, and Vice Chairman
Cardoza
NOES: None
ABSTAIN: None
ABSENT: Tim Neely
P:\Planning\Archive\CUP-LUP-TUP PROJECTS\CUP0408WeselohCeiiSite\CUP 04-08 PCreso28Sept04.doc