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Resolution Number 11-04-19-04RESOLUTION NO. 11-04-19-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP) FOR THE ESTABLISHMENT OF A WIRELESS TELECOM-MUNICATIONS FACILITY LOCATED AT 29932 CAMINO CAPISTRANO AND MORE SPECIFICALLY REFERRED TO AS (APN 650-023-09) WHEREAS, The City of San Juan Capistrano is the owner of real property described as Assessor's Parcel Number 650-023-09 located at 29932 Camino Capistrano and has authorized T -Mobile to process plans for a proposed wireless telecommunications facility is 58'-3" faux water tank that houses twelve paddle style antennas and six pieces of ground mounted equipment beneath the structure that are enclosed by an 8'-0" tall slump stone wall; and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code and reviewed for compliance with the City's General Plan and the City's adopted Architectural Design Guidelines; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant. to Section 15303 of the California Environmental Quality Act (CEQA) and issued a Class 3 Categorical Exemption; and, WHEREAS, On April 19, 2011 the City Council of the City of San Juan Capistrano conducted a duly noticed public hearing pursuantto Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: The proposed project is consistent with the General Plan policies and objectives, in particular the Community Design Element because that element implements the City's design objectives through the adopted Architectural Design Guidelines and the proposed location of the antennas would be consistent with the City's Architectural Design Guidelines, and more specifically: Section 2(a) which states that, "facilities should not be discernible from public right- of-ways or open space areas" because the project has been designed to substantially screen antenna and equipment from public views; and, Section 2(c) which states that, "cellularand wireless facilities should be screened by structures and or landscaping;" because the proposed project will screen improvements with structures and landscaping; and, 4/19/2011 Due to the location of the facility within proximity to the northern entry to community and northwest opens space areas great consideration is necessary in the proposed design. The proposed design appropriately draws on the western agrarian aesthetic that is complimentary to the rural character of the northwest open space area. The proposed design effectively mitigates any potential visual impacts and does not create a false sense of history due to the proposed location and high quality design. In addition the conditions requiring final construction plans to be reviewed will further mitigate the potential visual impacts. Because the proposed wireless facility locates all antenna related equipment in a wholly enclosed structure and the proposed structure is further screened by additional landscaping, the proposed project is found to be consistent with the General Plan; and, 2. The proposed project is located within the Community Park (CP) zone district. The "CP" zone district specifically allows cellular antennas, subject to approval of a Conditional Use Permit. The purpose of the CUP is to provide the City with the legal authority to impose conditions to mitigate the adverse aesthetic effects of cellular antenna. The proposed design meets all setback requirements, is located over 300'- 0" from the nearest residential district and the design integrated into the building. The proposed structure adequately screens all proposed antenna related equipment in a wholly enclosed ancillary structure designed as a faux water tank. Because the proposed facility satisfies all development standards and has been designed to fully screen and mitigate any potential visual impacts associated with the proposed wireless telecommunications facility, the proposed project is found to be consistent with the Title 9 of the. Municipal Code; and, 3. The proposed site is adequate in size and shape to accommodate the proposed project and is consistent with this finding. Due to the limited onsite access, exclusively for the maintenance access to the structure no significant areas are dedicated to parking and loading areas. The proposed use does not generate trash and therefore would not be required to provide trash and recycling enclosures. The proposed project meets all setbacks for the Community Park (CP) zoning designation. Therefore because the proposed project site meets all setback requirements, does not create or propose significant site access or refuse and accommodates building and fire code considerations the project site is found to be of adequate size to accommodate the proposed project; and, 4. The proposed use does not generate excessive noise, light, vibration or odors. To mitigate potential visual blight, the proposed project has been designed to be screened by a faux water tank of a western agrarian design. This design direction is consistent with the adjacent properties. Further the proposed use does not generate a significant amount of traffic; the vehicular traffic generated is for the purposes of maintenance of the proposed facility. Therefore due to the limited impacts generated by the proposed use and the design of the screening structures the proposed use is compatible with abutting properties; and, 2 4/19/2011 5. The proposed use does not create significant vehicular trips and at most would generate an 0.20 average daily trip (ADT) or 1 trip every 5 days. Consequently, the project would not create significant parking demand. Occasional support personnel need to visit the site for repairs or maintenance, otherwise the site is unmanned. Due to the limited visitation to the site, the proposed project is consistent with this finding. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby confirm issuance of a categorical exemption and approves the project subject to conditions of approval set forth in Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective upon adoption of this resolution. This project approval shall be valid for a period of 1 year from the date of approval of this resolution, and shall expire on April 18, 2012 unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. PASSED, APPROVED AND ADOPTED this 19th day of April, 2011. ATT MARIA'MRRIS. CITY C 8AM AJLEVATO, MAYOR 3 4/19/2011 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 11-04-19-04 was duly adopted by the City Council of the City of San Juan Capistrano ata Regular meeting thereof, held the 19h day of April 2011, by the following vote: AYES: ;` f CgUNCIL MEMBERS: Freese, Reeve, Taylor, and Mayor pro tem Kramer NOES;-' CUNCIL MEMBER: None ABSENT UNCIL MEMBER: Mayor Allevato { MARIA URRFS, City Clrk 4 4/19/2011 Exhibit A RESOLUTION #: 11-04-19-04 CONDITIONS OF APPROVAL Project #: Conditional Use Permit (CUP) 09-013 Project Name: T -Mobile Facility on City owned Property APPROVAL DATE: April 19, 2011 EFFECTIVE DATE: April 19„ 2011. EXPIRATION DATE: April 19, 2013 These conditions of approval apply to Conditional Use Permit # 09-013 for the establishment of a wireless telecommunications facility that is 58'-3" faux water tank that houses twelve paddle style antennas and six pieces of ground mounted equipment beneath the structure that are enclosed by an 8'-0" tall slump stone wall and is located at 29932 Camino Capistrano and more specifically referred to as (APN 650-023-09). Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Community Development Department along with the required application and fee, for review. 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. General Conditions: 1. Conditional Use Permit # 09-016 a request for the establishment of a wireless telecommunications facility that is 58'-3" faux water tank that houses twelve paddle style antennas and six pieces of ground mounted equipment beneath the structure that are enclosed by an 8'-0" tall wrought iron fence and is located at 29932 Camino Capistrano and more specifically referred to as (APN 650-023- 09). This approval is granted based on the application materials submitted by Robert Howell, representative for T -Mobile including a site plan and elevations. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Community Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Development Services Director upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire August 10, 2011 (12) months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Community Department, along with the required City Council Res. 11-04-19-04 Conditions of Approval CUP 09-13 T Mobile i2age 2 of 4 fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Development Services Director. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. 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, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. 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 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 8. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any City Council Res. 11-04-19-04 Conditions of Approval CUP 09-13 T -Mobile page 3 of 4 permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) 10. In the event that future technology renders the approved antenna obsolete due to performance or aesthetic considerations, the antenna may be replaced at the expense of the applicant, subject to review by the Planning Commission. 11. All antennas shall be fully screened from both exterior and interior perspectives. 12. T -Mobile or their successor shall be required to maintain the facility in a manner which maintains the authentic design. The following conditions shall be completed prior to or in conjunction with the issuance of building permits; 13. Applicable Codes. Prior to issuance of building permits, pians for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply with the latest City -adopted edition of the applicable building codes. (B&S) 14. Buildiq Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to for final review and approval by the Design Review Committee. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee, and/or Development Services Director (as applicable). (PLN) 15. Landscape Plans. Prior to the issuance of building permits the applicant shall submit a final landscape plan, including irrigation plans for review and approval by the Design Review Committee. 16. OCA 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 pians shall be in accordance with the California Fire Article 64. Please contact the OCFA at (714) 573-6133 for a copy of the Guidelines and Informational Bulletins. (OCFA) The following conditions and requirements shall be met during construction, from the beginning of the first ground -disturbing activity Cantil the use has been released for occupancy. 17. Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (ENG) City Council Res. 11-04-19-04 Conditions of Approval CUP 09-13 T -Mobile page 4 of 4 18. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(PLN) 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. 19. Consistent with Aroved 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 City Planner. (PLN) Responsible Agencies: B&S = ENG = PLN = PW OCFA = Date of Approval: April 19, 2011 Effective Date IN April 19, 2011 Applicant Name Title Building and Safety Engineering Department Planning Department Public Works Department Orange County Fire Authority Date: