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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)