PC Resolution-16-10-11-01PC RESOLUTION NO. 16-10-11-01
CONDITIONAL USE PERMIT (CUP) 15-011; AND
ZONE VARIANCE 16-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 15-
011 FOR AN UNMANNED TELECOMMUNICATIONS FACILITY, INCLUDING A 65
FOOT TALL TOWER DESIGNED AS A FAUX EUCALYPTUS TREE AND A 256
SQUARE FOOT EQUIPMENT ENCLOSURE WITH AN 8-FOOT TALL CONCRETE
MASONRY UNIT (CMU) WALL, AND ZONE VARIANCE (ZC) 16-003 TO ALLOW FOR
A 277 FOOT SETBACK TO THE NEAREST RESIDENTIAL ZONING DISTRICT
WHERE 300 FEET IS REQUIRED, LOCATED AT THE REAR SIDE OF THE PARKING
LOT OF THE EXISTING SAN JUAN CAPISTRANO COMMUNITY PRESBYTERIAN
CHURCH, LOCATED AT 32202 DEL OBISPO STREET (ASSESSOR PARCEL
NUMBERS 121-182-57)(APPLICANT: VERIZON WIRELESS).
Whereas, Tom Johnson, on behalf of Verizon Wireless, Inc., 15505 Sand
Canyon Avenue Irvine, CA 92618 (the "Applicant"), has requested approval of CUP 15-
011and Zone Variance (ZV) 16-003 for the Verizon Wireless "Aspero" Cellular Facility to
construct an unmanned telecommunications facility, including a 65 foot tall tower
designed as a faux eucalyptus tree and a 256 square foot equipment enclosure with an
8-foot tall concrete masonry unit (CMU) wall (the "Project"); and,
Whereas, Community Presbyterian Church, 32202 Del Obispo Street
San Juan Capistrano, CA 92675, is the owner of real property located at Assessor
Parcel Number 121-182-57; and,
Whereas, the Project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, the Design Review Committee (DRC) reviewed the plans on,
March 10, 2016 and April 14, 2016, and recommended that the item move forward to
the Planning Commission; and,
Whereas, the City's Environmental Administrator has determined that the project
is categorically exempt under CEQA Section 15301; Class 1 "Existing Facilities" from
further review it has been found to not create any adverse impacts such as aesthetics,
noise, and traffic or safety concerns; and
Whereas, the Planning Commission conducted a duly-noticed public hearing on
September 13, 2016 and on September 27, 2016 pursuant to Title 9, Land Use Code,
Section 9-2.302 and City Council Policy 5 to consider public testimony on the Modified
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
PC Resolution 16-10-11 -01 2 October 11 2016
established by Section 9-2.317 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed project is consistent with the General Plan policies and objectives,
in particular the Community Design Element and its design objectives which are
implemented through the adopted Architectural Design Guidelines. The proposed
location of the antennas will be consistent with the City's Architectural Design
Guidelines and specifically:
• Section 2(a) which states that, "facilities should not be discernible from public
right-of-ways or open space areas;" and,
• Section 2(c) which states that, "cellular and wireless facilities should be
screened by structures and or landscaping;" and,
• Section 3(a) which states that the, "wireless communication antennas should
be integrated within the overall building and/ or landscape design".
The proposed project has been designed to blend with the site and by providing
enhancements to the existing landscaping. Further, all ground level equipment
will be screened by a block wall with a trellis cover, and the proposed wireless
antenna equipment is proposed to be integrated within and screened by the faux
eucalyptus tree designed to blend into the existing nearby landscaping. The
design of the faux eucalyptus tree, which is located near other large mature
eucalyptus trees, will help to make the telecommunication tower blend into the
surrounding area and backdrop, thus the proposed project will be consistent with
the General Plan Community Design Element.
2. The proposed project would be consistent with the Land Use Code's standards
because "wireless facilities" uses are classified as a conditionally permitted use
in the Public & Institutional Zone 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 tower has been designed to help limit the visual
impacts of the proposed project by blending a faux eucalyptus tree into the
surrounding area where there are several existing trees and eucalyptus trees that
are larger than the proposed tower; the proposed use is consistent with the
purpose and intent of the Public & Institutional Zone District.
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, and although
the proposed tower does not conform to the required 300 foot setback to the
nearest residential zone district boundary, a Zone Variance to allow a setback of
277 feet is also being requested.
PC Resolution 16-1 0-11-01 3 October 11 2016
3. The proposed telecommunication equipment enclosure is situated at the rear of
the property beyond the church parking lot, and the faux eucalyptus tree tower is
situated behind existing portable buildings in back of the church . The site is
located in an area that makes it accessible for ongoing maintenance, while still
keeping it away from nearby structures on the property. The proposed
equipment facility and tower, which are located 12 feet from the nearest property
line, is situated within areas previously developed and do not encroach upon
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 is not proposed to create noise, lighting, vibrations , or
odors because the electrical equipment will be enclosed within a 256 square foot
equipment lease are surrounded by a block wall and covered by a wood trellis
structure, with a faux eucalyptus tree tower that will be 65 feet above the natural
grade. Additionally, the wireless facility is unmanned, and will only require
maintenance every four to six weeks for up to thirty minutes. The use is
surrounded by the Church building and accessory structures to the west; the
Mariner's church property to the south and east; and single-family residential
homes to the north. Therefore, the proposed use is consistent and compatible
with the surrounding properties as conditioned so long as the Planning
Commission can make findings to support the variance to allow a lessor setback
to the residential zone boundary.
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. The
site currently has an access path for maintenance of the Southern California
Edison lattice tower, which will also be used for maintenance of the wireless
cellular facility. 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 does hereby make the following
findings as established by Section 9-2.351 of Title 9, Land Use Code of the City of San
Juan Capistrano to allow for a 23 foot (9%) variance to Section 9-3.507 § (b)(2)(8)
Table 3-19 which requires a 300 foot setback from the nearest residential zoning
district, thus allowing the faux eucalyptus tree tower to be located 277 feet away from
the nearest residential zoning district:
1. There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings , such that the strict application of this Code
would deprive such property of privileges enjoyed by other properties in the vicinity
and under identical zoning classifications. Specifically, Verizon wireless needs to
PC Resolution 16-10-11-01 4 October 11 2016
establish new wireless service within this vicinity because it has identified a
significant gap in coverage in the western portion of San Juan Capistrano. As a
result, it has determined a need for a new wireless communications facility within
their determined search ring. Although other commercial properties outside the
search ring can meet the required setback from residentially zoned property, in
this ring, every possible property was investigated and exhausted as none can
meet the required 300' setback . The following are the available candidates:
• All properties located on the north and west sides of Del Obispo Street are
single-family residences and a wireless facility on these properties cannot
meet the required 300' setback.
• Capistrano Valley Christian School at 32032 Del Obispo Street-This site
is located along the street and immediately adjacent to residential
properties to the south and east. There is no place on the property where a
new tower can be installed that meets the 300' setback or even can be
situated at a spot over approximately 1 00' away from a residence. Further,
a new tower here will be prominently visible along Del Obispo as most of
the property fronts along the major thoroughfare.
• 32122 Paseo Sanchez-Saddleback Capistrano HOA and Clubhouseffennis
Courts. There is no location at this site that is more than approximately 1 00'
away from a residence. Due to the restrictive nature of the setbacks
established in the zoning ordinance the strict application of this Code would
deprive Verizon Wireless the same privilege of establishing a wireless facility
in this location under identical zoning classifications.
2. Granting of the variance or minor exception will not constitute a grant of
special privileges inconsistent with the limitations upon other properties in the
vicinity and zone district in which such property is situated because the
proposed facility is permitted subject to approval of a CUP approved by the
Planning Commission. A facility at any other property would be permitted
subject to approval of a CUP as well. In all cases, a variance to the required
300' setback would be necessary should a wireless facility be proposed
within a property in the search ring. It should also be noted that Municipal
Code Section 9-3.507(b)(2)(B) Table 3-19 allows for wireless facilities in
residential districts if required for adequate signal reception, which can be
demonstrated. The facility is being proposed outside of the search area
which potentially compromises the intended service, especially since this
facility intends to provide coverage to the residents as far west as Peppertree
Bend which is 200 feet higher in elevation. This is an extremely significant
change in grade that necessitates the facility be as close to the center of the
search ring as possible in order to achieve the coverage objective. Even so,
PC Resolution 16-10-11-01 5 October 11 . 2016
Verizon did also rule out the immediate properties to the south along Del
Obispo which have the potential to meet the 300' setback:
• 32200 Del Obispo Street-Senior Living Facility. The only portion of this
property that can meet the required 300' setback for a new facility is
located within the driveway and parking lot which would require removal
of required parking spaced and block circulation.
• 32382 Del Obispo Street -Armstrong Nursery. This site is located too far
outside of the search ring . In addition, Verizon met with the City in August
2010 about designs for a facility here and after consideration of the
proposal by the former Design Review Committee, Verizon was asked to
locate its facility at the adjacent City Sports Park. Subsequently, that site
(Marco Forster) was also rejected by the City Council after Verizon spent 5
years working with City Staff to identify a facility location and design
acceptable to the City.
3. Granting of the variance will not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan
because other than the request for the variance to the 300' setback requirement,
the proposal is consistent with the provisions of the Land Use Code and the
General Plan. The design conforms to the design standards set forth for wireless
facilities in MC Section 9.3.507. Specifically:
(i) The tower will be a faux eucalyptus tree, and as conditioned, will have
a realistic look to nearby eucalyptus trees located on the site.
(ii) The antennas and associated cabling will be fully screened from view
inside the faux eucalyptus tree and not readily discernible as a
wireless communications facility due to the fact that it will blend in with
other existing and taller eucalyptus trees located on the same site
within a similar site line. The tree will be the least obtrusive option
from Del Obispo as it will be setback approximately 580 feet. While
the tree and equipment facility will be visible from adjacent residences ,
the addition of new trees and landscaping around the enclosure are
proposed for additional screening and the proposed location is the
furthest away from nearby homes compared with the other potential
candidates.
(iii) Multiple-use facilities. Verizon explored alternative designs, including
a rooftop installation and an attached faux bell tower/steeple. A
rooftop installation is not feasible due to the structural integrity of the
roof which cannot accommodate Verizon's installation . The church
elected not to have another tower design such as a clock tower or bell
tower adjacent to any of the buildings as these could interfere with the
use of the church. The proposed design and location was specifically
PC Resolution 16-1 0-11 -01 6 October 11 2016
selected and approved by the Church Board . The facility is consistent
with the goals of the Public Service and Utilities Element of the City
General Plan to "Encourage the expansion of telecommunications
capabilities to promote economic development of the community," and
to allow for "Sufficient ... communications [levels that] are necessary to
protect public safety and provide the necessary infrastructure for a
successful community."
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Conditional Use
Permit (CUP) 15-011 and Variance 16-003 subject to those applicable conditions of
approval established in the Conditions of Approval attached hereto as Exhibit A.
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.
DOPTED this 11 1h day of October, 2016.
EXHIBIT "A"
CC RESOLUTION #16-09-06-01
CONDITIONS OF APPROVAL
PROJECT LOG #: CUP 15-011
PROJECT NAME: Verizon Wireless (Aspero)
APPROVAL DATE: October 11, 2016
Conditional Use Permit 15-011 is a proposal to construct a new 65 foot tall wireless
telecommunications facility located along the eastside property line of the San Juan Capistrano
Community Presbyterian Church. The proposed project includes a wireless facility designed as
a faux eucalyptus tree, and includes a separate 256 square foot equipment enclosure with an 8-
foot tall concrete masonry unit (CMU) wall with a trellis cover, and new landscaping to be
installed along the perimeter of the equipment enclosure walls to provide additional screening.
Conditional Use Permit (CUP) 15-011 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. This project approval is based on and subject to the application materials prepared by
the lnfinigy Engineering, and submitted by Verizon Wireless on September 21, 2016
including the faux eucalyptus tree elevations and site planning (placement of
equipment facility and tower, setbacks, wall and trellis cover plans, conceptual
landscape plans etc). These 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.
2. 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
1
Resolution #16-10-11-01
CUP 15-011. Verizon Aspero
Conditions of Approval
Page 2 of 4
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.
3. 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.
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
1.1 Arch aeological 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).
1.2 Paleo ntological 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).
1.3 Future Technolog ies. 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 City Council reserves the right to review
and modify the subject use in the future (Development Services Department).
1.4 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).
1.5 Publ ic 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).
1.6 Final Landscape Plan. Submit a final landscape plan identifying plant material,
irrigation, ground cover, etc. to be planted and maintained surrounding the
proposed equipment facility. Plantings shall include a minimum of four (4)
eucalyptus trees to be placed near the location of the faux eucalyptus tree. The
appropriate species and size of eucalyptus trees to be planted (either 24-inch
Resolution #16-10-11-01
CUP 15-011. Verizon Aspero
Conditions of Approval
Page 3 of 4
box or 15-gallon) shall be determined by Staff with the objective of ensuring the
trees can be maintained at a maximum height of 42 feet so as not interfere with
the antenna.
1.7 Specificati ons. Prior to issuance of a building permit, the applicant shall
demonstrate compliance with the following:
a. The faux eucalyptus tree should have 3.1 branches per foot for full density
coverage with limited spacing between the branches; 70 percent of the branches
should be eight feet or longer.
b. Branch disbursement should be random so the longer branches and shorter
branches are intermingled to give a natural appearance.
c. Branches should exceed all antennas by a minimum of 12 inches.
d. Branches should start at 12 feet above the ground.
e. There should be a minimum space of two feet between the top of the antenna
and the top of the branches.
f. Branches should have a shape similar to an actual Eucalyptus tree.
g. Branch foliage color should be similar to an actual Eucalyptus tree with an olive
green and brown leaves to match an actual deciduous or broadleaf tree. A
sample shall be submitted to Development Services staff prior to fabrication.
h. Full bark cladding with a custom color should be submitted for approval prior to
fabrication.
i. All antennas shall be covered with 'antenna socks' that match the approved
foliage color.
j. All 'stand-off mounts' and support pipe mounts shall be concealed behind
antennas and painted a darker shade with a 'flat' paint finish to reduce reflection
and visibility of the mounting.
k. Provide a 'unistrut' detail for the utility cabinet; an 'H-frame' is not acceptable.
I. Provide a note on the plans stating 'install underground utilities sleeving for two
carriers during construction of the structure'. Shrouds on the outside of the pole
are not acceptable.
m. All exterior conduit and electrical meters shall be installed and screened in one
metal enclosure painted to match the structure.
n. Any damage to existing structures, walls, parking areas or landscaping must be
repaired before release of utilities or issuance of final occupancy.
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
2.1 Fin al 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 Fin al Development Services In spection. 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 #16-10-11-01
CUP 15--011, Verizon Aspero
gndltlons of Approval:
Date I 1
Conditions of Approval
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