PC Resolution-15-07-28-02PC RESOLUTION NO. 15-07-28-02
FLOODPLAIN LAND USE PERMIT (FP) 15-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING APPROVAL OF FLOODPLAIN LAND
USE PERMIT FOR INSTALLATION OF 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 and Floodplain Land Use
permit (FP) 15-001 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 in the floodplain 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 9-2.321 of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed project will comply with standards in Municipal Code Section 9-3.405
because:
a. The project will not impact the floodplain by creating any discernable net
increase in water surface elevation and will not exacerbate erosive velocities
within special flood hazard areas, and will not contribute to upstream or
downstream flooding of properties due to its limited building footprint.
b. Federal and State agencies compliance: The project will not require a
Regional Water Quality Control Board National Pollutant Discharge
Elimination System (NPDES) construction permit, United States Army Corps
of Engineer Section 404 Permit, California Department of Fish and Wildlife
Section 1602 Stream Alteration Agreement; and the proposed unmanned,
open air 16' -0" x 16' -0" equipment enclosure and faux water tower design will
meet the Federal Emergency Management Agency building requirements.
Therefore, this Floodplain land use project complies with all Federal
Emergency Management Agency, California Fish and Game Department,
United States Army Corps of Engineer, and Regional Water Quality Control
Board requirements, as amended and in effect at the time the permit
application· is submitted and deemed complete.
c. The project location will not create any significant impacts pursuant to the
California Environmental Quality Act and location on-site will be the least
impactful area for the project.
d. The project is similar to that of a public utility and is therefore consistent with
the permitted land uses within the floodplain.
2. The project will not result any in discernable net increase in water surface elevation
and will not exacerbate erosive velocities within special flood hazard areas, and will
not contribute to upstream or downstream flooding of properties, due to its limited
building footprint.
3. The project will be consistent with the goals of the General Plan Safety Element
because the development of the site will not exacerbate flooding hazards due to its
limited building footprint.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete, because the project will not
require a Regional Water Quality Control Board NPDES construction permit, United
States Army Corps of Engineer Section 404 Permit, California Department of Fish
and Wildlife Section 1602 Stream Alteration Agreement; and the proposed
unmanned, open air 16'-0" x 16'-0" equipment enclosure and faux water tower
design will meet the Federal Emergency Management Agency building
requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of the
project, subject to those conditions of approval established by Exhibit A, attached hereto
and incorporated herein.
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 281h day of July, 2015
S"LL
Sheldon Cohen, Chairman
, AICP, Assistant Director
EXHIBIT "A"
P.C. RESOLUTION #15-07-28-02
CONDITIONS OF APPROVAL
PROJECT LOG #: FP 15-001
PROJECT NAME: Verizon San Juan Creek {Tar Farms)
APPROVAL DATE:
Floodplain Land Use Permit (FP) 15-001 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, Floodplain Land 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 #15-07-28-02
FP 15-001. Verizon San Juan Creek (Tar Farms)
Conditions of Approval
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The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
1.1 Conditional Use Permit. Prior to issuance of a building permit the applicant shall
obtain Planning Commission approval of a Conditional 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 Hydraulics and Hydrology. Prior to the issuance of a Building Permit, the
applicant shall submit necessary documentation to the satisfaction of the City
Floodplain Administrator, that the structure will not create and adverse impacts
relating to the Floodplain.
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
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).
Resolution #15-07-28-02
FP 15-001. Verizon San Juan Creek (Tar Farms)
Applicant Acceptance of Conditions of Approval:
Applicant Signature
Applicant's name/title (print)
Date
Conditions of Approval
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