PC Resolution-15-07-28-01PC RESOLUTION NO. 15-07-28-01
CONDITIONAL USE PERMIT (CUP) 14-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A 65'-0" TALL GROUND MOUNTED, FAUX
WATER TOWER, WIRELESS TELECOMMUNICATIONS FACILITY, CONSISTING OF 12
PANEL ANTENNAS, 12 REMOTE RADIO UNITS, 1 MICROWAVE DISH, AND 2 GPS
ANTENNAS, AND AN EQUIPMENT SHELTER LOCATED AT 28411 SAN JUAN CREEK
ROAD (ASSESSORS PARCEL NUMBER(S): 124-223-69) (VERIZON WIRELESS SAN
JUAN CREEK)
Whereas, Core Development Services, on behalf of Verizon Wireless, has
requested approval of Conditional Use Permit (CUP) 14-019 to allow a 65'-0" tall ground
mounted, faux water tower, wireless telecommunications facility, consisting of 12 panel
antennas, 12 remote radio units, 1 microwave dish, and 2 GPS antennas, and an
equipment shelter on property located at 28411 San Juan Creek Road which is General
Plan-designated General Open Space and classified as General Open Space on the
Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 3 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on June 23, and July 28, 2015, pursuant to Title 9, Land Use Code, Section 9-2.302, to
consider public testimony on the proposed project and has considered all relevant public
comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings as established by
Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed project has been designed to blend with the existing structures and
landscaping and will have minimal impact on public views due the significant
setback from public right-of-way and open space areas. Further, all proposed
equipment is proposed to be integrated within and screened by the proposed faux
water tower and existing landscaping making it indiscernible from public areas. The
equipment enclosure will not exceed the height of adjacent existing sheds, further
adding to the screening of the facility. Therefore, the proposed project will be
consistent with the General Plan Community Design Element and the Architectural
Design Guidelines.
2. The proposed project will be consistent with the Land Use Code's standards
because "wireless facilities" uses are classified as a conditionally permitted use in
the General Open Space zoning district. The primary purpose of the CUP process is
to provide the City with the legal authority and discretion to impose appropriate
conditions to mitigate the potentially adverse aesthetics of cellular antennae
improvements. The project design has eliminated the visual impacts of the
proposed project by incorporating the antenna within the proposed faux water tower.
Based on the proposed location and project design, the proposed cell antenna will
meet or exceed the supplemental district standards. The project is consistent with
the City's Municipal Code Title 9, Land Use Code standards.
3. The proposed use will be located at an existing equestrian facility with mature trees
and is situated near the center of the property, setback a significant distance from
all property lines. The proposed structures will be located within areas previously
developed and will not encroach into required setbacks, loading areas, or other
uses on the site. The project is situated on a site with adequate size and shape to
accommodate all required features.
4. The proposed project does not create any additional impacts to the surrounding
uses because the proposed project does not generate additional noise, light,
vibration, or odors, and does not create a significant increase in traffic/vehicle trips.
The wireless facility will not create noise, lighting, vibrations, or odors because the
electrical equipment will be enclosed within a 256 square foot CMU shelter, or will
be located in the faux water tower within the structure above grade. Additionally, the
wireless facility is unmanned, and will only require maintenance every four to six
weeks for up to thirty minutes. The use will have single family residential
development located to the south, and is more than three hundred feet (300'-0")
away from these residential properties. Therefore, the proposed use is consistent
and complementary to the existing equestrian facility and mature landscaping, and
is compatible with the surrounding properties.
5. The proposed use does not create significant vehicular trips which would create
significant demands for parking. Occasionally, support personnel need to access
the site for repairs and maintenance, but otherwise, the site is unmanned. Due to
the limited visitation to the site, the proposed project provides adequate access and
parking.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00p.m., Wednesday, August
12, 2015. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on July 28, 2017, unless a time extension
request has been submitted or a building/grading permit has been issued for the project
prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 28th day of July, 2015
~~ C_
Shelon Cohen, Chairman
SergiOKOti,AiCP, Assistant Director
Secretary
EXHIBIT "A"
P.C. RESOLUTION #15-07-28-01
CONDITIONS OF APPROVAL
PROJECT LOG#: CUP 14-019
PROJECT NAME: Verizon San Juan Creek (Tar Farms)
APPROVAL DATE: July 28, 2015
Conditional Use Permit (CUP) 14-019 is approved subject to compliance, to the reasonable
satisfaction of the Development Services Department, with all applicable sections of the San
Juan Capistrano Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to exercising
the rights conferred by Conditional Use Permit approval. These conditions of approval apply to
the above-referenced project application described in more detail below. For the purpose of
these conditions, the term "applicant" shall also mean the developer, the owner or any
successor(s) in interest to the terms of this approval.
The plans and the proposed use of the project site are hereby incorporated by reference into
this approval as submitted and conditioned herein, and shall not be further altered unless
reviewed and approved by the affected city departments. Minor modifications to this project
approval may be approved by the Development Services Director pursuant to Section 9-2.303,
Administrative approvals of Title 9, Land Use Code.
General Conditions:
1. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Planning
Commission, or Development Services Director. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
2. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and the
plans or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
Resolution #15-07-28-01
CUP 14-019, Verizon San Juan Creek (Tar Farms)
Conditions of Approval
Page 2 of 3
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
1.1 Floodplain Permit. Prior to issuance of a building permit the applicant shall obtain
City Council approval of a Floodplain Land Use Permit (Development Services
Department, Public Works & Utilities Department).
1.2 FEMA Requirements. Prior to issuance of a building permit, the applicant shall
provide plans that are substantially consistent with the Planning Commission-
approved Conditional Use Permit and demonstrate compliance with the Federal
Emergency Management Agency (FEMA) requirements for construction within
the floodplain (Public Works & Utilities Department).
1.3 Archaeological Monitoring/Native American Monitoring. Prior to issuance of a
permit, the applicant shall submit to the Development Services Department
documentation that a qualified archaeologist and Native American Monitor
(defined as an archaeologist on the List of Certified Archaeologists for Orange
County) has been retained to monitor site clearing, grading, and excavation
activities, stating the name, qualifications, and contact information for the
supervising archaeologist (Development Services Department).
1.4 Paleontological Monitor. Prior to issuance of a permit, a qualified paleontologist
(defined as a paleontologist on the List of Certified Paleontologists for Orange
County) shall be retained by the project applicant and shall be present at pre-
construction meetings to advise construction contractors about the potential
occurrence of paleontological resources located on and/or in the vicinity of the
project site, as well as monitoring requirements (Development Services
Department).
1.5 Future Technologies. In the event that future wireless technologies are made
available and are feasible, the applicant shall modify or remove the facility at the
applicant's expense. Said technologies may require the removal of the facility or
a reduction in the quantity of panels. The Planning Commission reserves the
right to review and modify the subject use in the future (Development Services
Department).
1.6 Co-location. The addition of a new carrier at this site shall be co-located on the
existing equipment if feasible and the addition is consistent with the original
design which eliminated visual impacts. (Development Services Department).
1. 7 Public Safety Standards. Prior to issuance of a building permit, the applicant shall
demonstrate compliance with TIA-222 Revision G, December 15, 2014,
STRUCTURAL STANDARD FOR ANTENNA SUPPORTING STRUCTURES
AND ANTENNAS, with an importance factor of 1.5 for public safety
(Development Services Department).
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
2.1 Final Cultural Resource Reports. Prior to final inspection, the applicant shall
submit final monitoring reports/technical memoranda for any historical, cultural,
or archaeological resources recovered from the project site during grading or
Resolution #15-07-28-XX
CUP 14-019. Verizon San Juan Creek (Tar Farms)
Conditions of Approval
Page 3 of3
construction and shall file the same with the appropriate information repository
South Central Coastal Information Center (SCCIC). Reports shall include
information on the disposition of resources (Development Services Department).
2.2 Final Development Services Inspection. Prior to application for a final occupancy
permit, the applicant shall schedule a final inspection by the Development
Services Department, and shall pay any outstanding balance in the Developer
Deposit Account assigned to this application. Development Services Department
shall not conduct a final inspection until any outstanding balance has been paid
in full (Development Services Department).
e of Conditions of Approval:
Applicant 1gnlre
furu1 ;vc D;t'f cL.,.-
Applicant's name/title (print)
Resolution #15-07-28-01
CUP 14-019. Verizon San Juan Creek (Tar Farms)
Conditions of Approval
Page 3 of 3
construction and shall file the same with the appropriate information repository
South Central Coastal Information Center (SCCIC). Reports shall include
information on the disposition of resources (Development Services Department).
2.2 Final Development Services Inspection. Prior to application for a final occupancy
permit, the applicant shall schedule a final inspection by the Development
Services Department, and shall pay any outstanding balance in the Developer
Deposit Account assigned to this application. Development Services Department
shall not conduct a final inspection until any outstanding balance has been paid
in full (Development Services Department).
Applicant Acceptance of Conditions of Approval:
Applicant Signature Date
Applicant's name/title (print)