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PC Resolution-18-08-28-01PC RESOLUTION NO. 18-08-28-01 CONDITIONAL USE PERMIT (CUP) 18-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AN UNMANNED WIRELESS TELECOMMUNICATION FACILITY TO BE LOCATED ON THE VACANT PARCELS APN 125-172-22 AND APN 125-172-23, USED FOR SOUTHERN CALIFORNIA EDISON . OVERHEAD POWER LINES, TO INCORPORATE THE WIRELESS FACILITY INTO THE EXISTING SOUTHERN CALIFORNIA EDISON LATTICE TOWER AND INSTALL EQUIPMNET UP TO SEVENTY-TWO FEET (72'- 0") ABOVE GRADE, INSTALL A COAX CABLE ALONG THE SOUTHEAST LEG OF TOWER, CONSTRUCT A FOUR HUNDRED (400) SQUARE FOOT ENCLOSURE FOR FULLY CONTAINED EQUIPMENT, AND CONSTRUCT A FOUR FOOT (4') TALL METER PEDESTAL ADJACENT TO AN EXISTING ELECTRIC TRANSFORMER (APPLICANT: AT&T CIO J5 INFRASTRUCTURE PARTNERS). Whereas, Jenna D'Agostino, with J5 Infrastructure Partners, representing AT&T has requested approval of Conditional Use Permit 18-003 to install an unmanned wireless telecommunications facility consisting of nine (9) panel antennas, six (6) remote radio units, three (3) surge suppressors, and a 2' diameter antenna installed seventy-two feet (72'-0") above grade on an existing one hundred-fifty foot (150'-0") tall Southern California lattice tower, coax cable on the southeast leg of the lattice tower, a four hundred (400) square foot enclosure which will house ground mounted equipment, and a four foot (4') tall meter pedestal adjacent to an existing electric transformer on parcels 125-172-22 and 125-172-23 which is General Plan- designated Planned Community and classified as Planned Community (PC CDP 04-01) 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 1 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 conducted a duly-noticed public hearing on August 28, 2018, 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 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: 1 of 3 • 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 existing structures and buildings and would have minimal impact on public views. Further, all proposed equipment is proposed to be integrated within and screened by the existing lattice tower and existing landscaping making it indiscernible from public areas. 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 Planned Community (PC) Whispering Hills Comprehensive Development Plan (CDP 04-01) 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 project design has eliminated the visual impacts of the proposed project by incorporating the antenna within the existing Southern California Edison lattice tower; the proposed use is consistent with the purpose and intent of the Planned Community (PC) Whispering Hills Comprehensive Development Plan (CDP 04-01) 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. 3. The proposed use will locate onto an existing Southern California Edison Tower and is situated a minimum of 49 feet from all property lines. The proposed structures and access are located 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 400 square foot building with stucco walls and tile roofing or will be located 72'-0" above grade. Additionally, the wireless facility is unmanned, and will only require maintenance once a month. The use is surrounded by an existing wireless cellular facility operated by a different cellular carrier on the lattice tower immediately to the east; unincorporated County of Orange vacant land on the south and east; vacant land used by Southern California Edison to the north; San Juan Hills High School to the northwest; and Rancho San Juan, a single family residential development located to the west, and is more than three hundred feet (300'-0") away from residential properties. Therefore, the proposed use is consistent and complimentary to the existing Southern California lattice tower use and compatible with the surrounding properties. 2 of 3 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 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 5:00 p.m., Wednesday, September 12, 2018. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on August 28, 2020, unless a time extension request has been submitted or the use has been established and a valid City Business License has been issued for the use. 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 A ugust, 2018. Wil 1ams, Vice airman Se~ Development Services Director Secretary 3 of 3 Project#: Project Name: APPROVAL DATE: PC RESOLUTION # 18-08-28-01 EXHIBIT A CONDITIONS OF APPROVAL CUP 18-003 AT&T Wireless Cellular Facility August 28, 2018 These conditions of approval apply to Conditional Use Permit 18-003 to construct an unmanned, wireless, telecommunications facility that consists of nine (9) panel antennas, six (6) remote radio units, three (3) surge suppressors, and a 2' diameter antenna installed seventy-two feet (72'-0") above grade on an existing one hundred-fifty foot (150'-0") tall Southern California lattice tower, coax cable on the southeast leg of the lattice tower, a four hundred (400) square foot enclosure which will house ground mounted equipment, and a four foot (4') tall meter pedestal adjacent to an existing electric transformer on parcels 125- 172-22 and 125-172-23. General Conditions: A Consistency with Approved Conditional Use Permit Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the Development Services Director. B. Legal Defense. 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 City Planner. 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, ifs officers, employees, and agents in the defense of the matter. C. 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. PC Resolution #18-08-28-01 CUP 18-003. AT&T Wireless Conditions of Approval Page 2of2 D. All exterior cables and equipment shall be non-reflective, textured and painted to match the existing building or surface to which it is attached. E. 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. F. Co-location. The addition of a new carrier at this site shall be co-located on the existing equipment if feasible. G. Archaeological Monitorin g/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. __ H. 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. The following conditions shall be completed prior to or in conjunction with the issuance of building permits: I. OCFA Review of Hazardous Materials (Service Code 2.50). Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a plan for review and approval of the battery system. The plans shall be in accordance with the California Fire Article 64. The following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: J. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Division, the applicant shall schedule a final inspection by the Planning Division, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. K. Lessees or Other Users. Southern California Edison shall ensure that any lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the future of any lessee or other user(s) under this permit.