Ordinance Number 1014 ORDINANCE NO. 1014
L AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA,AMENDING COMPREHENSIVE
DEVELOPMENT PLAN 90-02, MAMMOTH EQUITIES (AT&T WIRELESS)
(ROSS MILETICH, CORE DEVELOPMENT SERVICES)(REZONE 13-
001)(ASSESSORS PARCEL NUMBERS: 650-011-25)
WHEREAS, Ross Miletich, Core Development Services, 2749 Saturn Street, Brea,
CA 92821, on behalf of AT&T has requested approval of a rezone and conditional use
permit to allow an unmanned wireless telecommunications facility located at 26300 Via
Escolar, which is General Plan-designated LU 5.0 P&I (Public & Institutional) and has a
Zoning designation of Planned Community (PC) on the Official Zoning Map and is
regulated by Comprehensive Development Plan (CDP) 90-02, Mammoth Equities
(collectively,the"Proposed Project"). The Rezone application requests approval to amend
the CDP to allow"Wireless Telecommunication Facilities"uses by Conditional Use Permit;
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 Proposed
Project pursuant to Section 15061 of the California Environmental Quality Act(CEQA)and
determined that the project qualifies for a Class 3 (Section 15303)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 riled with the Office of
Planning and Research or the County Clerk until the project has been approved;" and,
WHEREAS, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on March 11, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the Proposed Project and considered all relevant public
comments; and,
WHEREAS, after careful study, the Planning Commission recommended
approval of the Proposed Project; and,
WHEREAS, the City Council conducted a duly-noticed public hearing on April
15, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the Proposed Project and
has considered all relevant public comments; and,
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WHEREAS,the record of proceedings on which the City Council's decision is based
is located at City Hall for the Cityof San Juan Capistrano,and the custodian an of�ecoe
d at 32400 Paseo
Adelanto, San Juan Capistrano, California d of proceedings s
the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are adopted as
the findings of the City Council.
SECTION 2. Pursuant to Section 15061 of the CEQA Guidelines, the
Proposed Project qualifies for a Class 3 (Section 15303) categorical exemption. The
Development Services Director shall cause the Notice of Exemption to be posted pursuant
to Section 15062 of the CEQA Guidelines.
SECTION 3. Findings.
With respect to the proposed zone change,the City Council of the City of San
Juan Capistrano makes the following findings:
1. The proposed zone change is consistent with the General Plan Element including
applicable goals and policies because the project consists of a proposed CDP
amendment to allow"wireless telecommunication facilities"uses by Conditional Use
Permit and the City has previously established a policy of allowing such facilities
within any area of the City subject to compliance with the City's development
standards for such facilities. Furthermore, the Conditional Use Permit is
substantially consistent with General Plan Land Use Element and Community
Design Element because the policies established by the General Plan or
implemented through the development standards for"wireless telecommunication
facilities" established by the Title 9, Land Use Code and the proposed project,
subject to compliance with the recommended condition of approval,will meet those
standards.
2. The proposed zone change is consistent with the Land Use Code, including Title 9,
Chapter 2,Article 1, "General Plan and Zoning Consistency"and more specifically,
Table 2-1, "Zoning Consistency Matrix" because the proposed CDP amendment
would allow"wireless telecommunication facilities" uses by Conditional Use Permit
and require compliance with the provisions and development standards of Section
9-3.507(b)(2) of Title 9, Land Use Code.
3. The site of the proposed zone change is suitable for the land use to be permitted by
Conditional Use Permit within the zone district because the CDP amendment
provides for the specific regulation and compliance of"wireless telecommunication
facilities"with the land use and development standards established by Title 9, Land
Use Code.
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4. The proposed "wireless telecommunication facilities" use to be allowed by the
proposed zone change will be compatible with existing and planned uses on
surrounding properties and the community in general because the City has
previously authorized "wireless telecommunication facilities" on the Coast Bible
Church property based on a finding of use compatibility and the proposed rezone
will require compliance with development standards to assure such compatibility.
5. The proposed zone change is reasonable and beneficial at this time because it
would establish "wireless telecommunication facilities"as a conditionally permitted
use thereby allowing the development of "wireless telecommunication facilities"
within the City which are necessary for convenience of residents and the support of
businesses within the City.
SECTION 4. Ordinance Amendment.
Comprehensive Development Plan 90-02, Mammoth Equities is hereby amended
with revisions to Section III (A) to include subsection J. to read as follows: "Wireless
Telecommunication Facility(pursuant to Section 9-3.507(b)(2),"subject to those conditions
of approval established by Exhibit A, attached hereto and incorporated herein.
SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or
portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this Ordinance or any part thereof. The City
Council herby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance
irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this
end the provisions of this Ordinance are declared to be severable.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
l
3 U 1014
SECTION 7. City ClerKs Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption,the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTE this 6" day of May 2014,
SAM ALLEVATO, MAYOR
ATT S
MA"07S,IS, Cl CLE
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 is a true and correct copy of Ordinance No. 1014 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 15th day of April 2014, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 61" day of May
2014, y the ollowing vote, to wit:
AYES: UNCIL MEMBERS: Byrnes, Kramer, Reeve, Allevato and Mayor Taylor
NOES C UNCIL MEMBERS: None
ABS UNCIL MEMBERS: None
MA IA , CITY C
i
4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 20 day of April 2014, at least 5 days prior to the adoption of the ordinance, I caused to be
posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUN IL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFOR A,AM DING COMPREHENSIVE
DEVELOPMENT PLAN 90-02, MAMM T EQ ITIES (AT&T WIRELESS)
(ROSS MILETICH, CORE DEVELOP T ERVICES)(REZONE 13-
001)(ASSESSORS PARCEL NUMBERS: i50- i11-25)
This document was posted in the Office of the City Cie 4
MAR R , CITY LERK
San Juan pi rano, C - rnia
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;that in
compliance with State laws, Government Code section 36933(1) of the State of California. On
the 7� day of May 2014, 1 caused to be posted a certified copy of Ordinance No. 1014, adopted
by the City Council on May 6, 2014, entitled:
AN ORDINANCE OF THE CITY COLIN IL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFI
ING COMPREHENSIVE
DEVELOPMENT PLAN 90-02, MA
IT'
(AT&T WIRELESS)
(ROSS MILETICH, CORE DEVERVICES)(REZONE 13-
001)(ASSESSORS PARCEL NUM1-25)_
This document was posted in the Office ITY CL
str no, California
5 -
EXHIBIT A
CONDITIONS OF APPROVAL
Project#: RZ 13-001 and CUP 13-012
Project Name: AT&T, Coast Bible Church
APPROVAL DATE: April 15, 2014
EFFECTIVE DATE: May 6, 2014
These conditions of approval apply to Rezone 13-001 and Conditional Use Permit 13-
012, approval to construct an unmanned wireless telecommunications facility on one (1)
thirty-five (35) foot tall faux eucalyptus tree located at 26300 Via Escolar (Assessor
Parcel Number(s) 650-011-25).
General Conditions:
1. Rezone 13-001 and Conditional Use Permit 13-012, approval to amend
Comprehensive Development Plan (CDP) 90-02, Mammoth Offices to allow
Wireless Telecommunication Facilities" uses by Conditional Use Permit and to
construct an unmanned wireless telecommunications facility on one (1) thirty-five
(35) foot tall faux eucalyptus tree located at 26300 Via Escolar (Assessor Parcel
Number(s) 650-011-25). This approval is granted based on the application
materials submitted by Ross Miletich, Core Development Services on November
1, 2013, including site plan, elevations, and photo simulations. 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 Development
Services 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.
2. All exterior cables shall be non-reflective, textured and painted to match the
existing building or surface to which it is attached.
3. Approval of this application does not relieve the applicant from complying with
other applicable Federal, State, County or City regulations or requirements.
4. 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.
5. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Resolution 14-04-15-
RZ 13-001 &CUP 13-0?2 Final Conditions of Approval
AT&T Coast Bible Church 2 of 4 Agri! 15. 2014
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.
6. 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.
7. 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.
8. 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.
9. 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.
10. All applicable approvals and clearance from other departments and agencies
shall be on file with the Building and Safety Division prior to issuance of any
permits, final inspections, utility releases and/or release of securities, as specified
in these conditions. (B&S)
11. 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. (PLN)
12. Co-location. The addition of a new carrier at this site shall be co-located on the
existing equipment if feasible.
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, plans for this project
1
Resolution 14-04-15-
RZ 13-001 & CUP 13-012 Final Conditions of Approval
AT&T Coast Bible Church 3 of 4 April 15 2014
Ushall be submitted to the Building and Safety Division for review and approval,
and shall comply with the latest City-adopted edition of the applicable building
codes. (B&S)
14. Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Planning Division for final review and approval. 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. 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. 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 until the use has been
released for occupancy.
16. 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. (PW)
17. 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)
18. Archaeological Monitoring. Prior to issuance of a grading permit, the applicant
shall submit to the Development Services Department documentation that a
qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) has been retained, including a Native
American observed sub-consultant, to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information for
the archaeologist. (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. Consistency with Approved 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
I,
Resolution 14-04-15-
Conditions
RZ 13-009 b CUP 93-092 Fina) of Approve!
AT&T Coast Bible Church 4 of 4 Aril 15. 2014
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)
20. 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. (PLN)
21. Lessees or Other Users, Coast Bible Church 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.
(PLN)
Responsible Agencies: B&S = Building and Safety
PLN = Planning Division
PW = Public Works Department
OCFA= Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By: Date:
Applicant Signature
Applicant Name/Title (print)