ZA Resolution-15-11-02-01RESOLUTION NO. 15-11-02-01
CONDITIONAL USE PERMIT 15-010
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A TWELVE MONTH TIME
EXTENSION OF CONDITIONAL USE PERMIT (CUP) 13-011 TO
ALLOW A 72'-0" TALL, MONO -EUCALYPTUS WIRELESS
TELECOMMUNICATIONS FACILITY, GENERALLY LOCATED AT
26284 OSO ROAD AND MORE SPECIFICALLY REFERRED TO AS
ASSESSOR PARCEL (APN)121-070-64.
WHEREAS, JF Shea Therapeutic Riding Center is the owner of real property at
26284 Oso Road, described as Assessor's Parcel Number 121-070-64, in the City of
San Juan Capistrano; and,
WHEREAS, Alexander Lew of Core Development Services, on behalf of AT&T,
has requested a twelve month time extension for Conditional Use Permit (CUP) 13-011
to construct a 72'-0" tall, mono -eucalyptus, wireless telecommunications facility; 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,
WHEREAS, the Conditional Use Permit for this project would otherwise expire on
November 12, 2015 if not extended by the Zoning Administrator who is authorized by
the Title 9, Land use Code to extend such entitlements for twelve months from the
original approval pursuant to Municipal Code Section 9-2.317(f)(1); and,
WHEREAS, the Zoning Administrator of the City of San Juan Capistrano is
granted the authority to approve time extensions pursuant to Municipal Code Section 9-
1.111(d)(2); and,
WHEREAS, this public hearing was duly noticed in a local newspaper and mailed
to property owners within 500 feet of the subject property; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant
to Section 15303 of the California Environmental Quality Act (CEQA) and issued a
Class 3 Categorical Exemption;
WHEREAS, On November 2, 2015
noticed public hearing pursuant to Section
public testimony on the proposed project.
the Zoning Administrator conducted a duly
9-2.302 of the Municipal Code to consider
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1. The project applicant has not proposed any significant changes to the project as
approved by the Planning Commission on November 12, 2013; and,
2. Neither the policies of the City's General Plan Land Use Element nor the
provisions of Title 9, Land Use Code have changed so as to create
inconsistences or non -conformities; and,
3. The project is consistent with the Open Space Recreation land use designation
on the General Plan Land Use Map; and,
4. The project is consistent with Title 9 of the Municipal Code, specifically, Section
9-3.309 and the Open Space Recreation (OSR) zoning district; and,
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of
the City of San Juan Capistrano grants a time extension of 1 -year (12 months); and
subject to compliance with conditions of approval established by Planning
Commission Resolution 13-11-12-02.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Conditional
Use Permit 13-011 entitlement shall expire November 12, 2016 unless the applicant has
obtained building permits and commenced construction.
EFFECTIVE DATE & FINAL APPROVAL: The decision of the Zoning
Administrator shall become final on November 17, 2015 at 5:30pm if an appeal has not
been filed prior to that date and time.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 2015,
by the following vote:
Sergio"KYotz, AICP
Acting Development Services Director
Zoning Administrator