PC Resolution-16-05-10-02PC RESOLUTION NO. 16-05-10-02
FLOODPLAIN LAND USE PERMIT (FP) 16-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL DENY A
FLOODPLAIN LAND USE PERMIT FOR THE INSTALLATION OF 45'-0" TALL FAUX
BELL TOWER WITH 12 PANELANTENNAS, 12 REMOTE RADIO UNITS, 2 RAYCAPS, 2
EQUIPMENT CABINETS AND A STAND-BY EMERGENCY GENERATOR TO BE
ENCLOSED WITHIN THE PROPOSED STRUCTURE, LOCATED AT 32391 CAMINO
CAPISTRANO, (ASSESSOR PARCEL NUMBER 668-091-09) (APPLICANT: VERIZON
WIRELESS, C/0 CORE DEVELOPMENT SERVICES)
Whereas, Core Development Services, on behalf of Verizon Wireless, has
requested approval of Conditional Use Permit (CUP) 15-015 and Floodplain Land Use
permit (FP) 16-001 to establish a wireless telecommunications facility including a new 45'-
0" tall faux bell tower with 12 panel antennas, 12 remote radio units, 2 raycaps, and 2
equipment cabinets and stand-by emergency generator to be enclosed within the proposed
structure in the floodplain on property located at 32391 Camino Capistrano, which is
General Plan-designated General Commercial and classified as General Commercial 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, and pursuant to Section 3.06 of the City's adopted CEQA
Guidelines, CEQA does not apply to disapproved projects. Therefore, staff is not
recommending that the Planning Commission take any action on the project's
environmental determination; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on April26, 2016, 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.
Whereas, at the April26, 2016 Planning Commission meeting, the Planning
Commission opened and closed the public hearing and voted forward a recommendation
to the City Council to deny Floodplain Land Use Permit 16-001. In addition, the Planning
Commission continued this item to the May 10, 2016 Planning Commission, when the
Commission would formally adopt a resolution of denial.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano is unable to make one of the four required
findings needed for approval, as established by Section 9-2.321 of Title 9, Land Use Code
of the City of San Juan Capistrano:
Finding 4. The proposed design of the facility has been found that it does not keep with
the character and design of the existing buildings located at the shopping center, and
thus will be inconsistent with the Land Use and Community Design Element of the
City's General Plan, specifically:
• Community Design Element Policy 1. 2, which seeks to "Encourage
high-quality and human scale design in development to maintain the
character of the City," because the proposed design fails to engage the
architectural elements of the existing buildings at the shopping center;
• Community Design Element Policy 2. 1, which seeks to "Encourage
development which complements the City's traditional, historic character
through site design, architecture, and landscaping," because the
proposed design fails to integrate the facility into the building through the
use of engaging the architecture and character of the building;
• Community Design Element Policy 3. 3, which seeks to "Preserve and
enhance scenic transportation corridors, including Interstate 5 and the
railroad," because the facility is located adjacent to Camino Capistrano,
at a major entry point into the historic downtown district and thus the
design fails to mitigate the visual impacts to the public right of way;
• Land Use Element Policy 7.2, which seeks to "Ensure that new
development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure," because the
proposed design is not compatible with the physical characteristics of the
surrounding land uses as the architectural elements and design do not
complement the existing structures.
Additionally, the Community Design Element its design objectives are similarly
implemented through the adopted Architectural Design Guidelines. The proposed
location of the antennas will be inconsistent with the City's Architectural Design
Guidelines (Chapter VI, Section "H"), specifically:
• Subsection 2(a) which states that, "facilities should not be discernible
from public right-of-ways or open space areas;" and,
• Subsection 2(c) which states that, "cellular and wireless facilities
should be screened by structures and or landscaping;" and,
• Subsection 2(d) which states that, "clustering and co-location of
wireless and cellular facilities is encouraged;" and,
• Subsection 3(a) which states that the, "wireless communication
antennas should be integrated within the overall building and/ or
landscape design".
The proposed design fails to engage the architecture of the existing buildings
located at the Plaza Del Rio shopping center and thus does not sufficiently blend
the proposed facility into the building. As such, the proposed design creates an
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obvious tower element that does not complement the existing structures. The
proposed tower also fails to integrate the facility into the building through the use of
architectural elements or landscaping, and thus results in concerns with regards to
height, mass and scale at the proposed location. Moreover, the tower facility is
large and obtrusively visible from the public right-of-way. Finally, the applicant has
not demonstrated that it sought to cluster or otherwise co-locate the proposed
project on another cellular facility or other nearby poles.
Overall, the proposed design fails to meet all of the requirements of the General Plan and
Municipal Code due to the failure of the proposed design to be integrated into the existing
building and to incorporate architectural elements that would keep with the character and
design of the existing buildings.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
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.
Sergio tz, AICP, Ass1stant D1rector
Secretary
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