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Resolution Number 16-02-16-02 RESOLUTION NO. 16-02-16-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING FLOODPLAIN LAND USE PERMIT (FP) 15-001 FOR INSTALLATION OF A 65-0" TALL GROUND MOUNTED, FAUX WATER TOWER,WIRELESS TELECOMMUNICATIONS FACILITY, CONSISTING OF 12 PANEL ANTENNAS, 12 REMOTE RADIO UNITS, 1 MICROWAVE DISH, AND 2 GPS ANTENNAS, AND AN EQUIPMENT SHELTER LOCATED AT 28411 SAN JUAN CREEK ROAD (ASSESSORS PARCEL NUMBER(S): 124-223-69) (VERIZON WIRELESS SAN JUAN CREEK) WHEREAS, Core Development Services, on behalf of Verizon Wireless, has requested approval of Conditional Use Permit (CUP) 14-019 and Floodplain Land Use permit (FP) 15-001 to allow a 65-0" tall ground mounted, faux water tower, wireless telecommunications facility, consisting of 12 panel antennas, 12 remote radio units, 1 microwave dish, and 2 GPS antennas, and an equipment shelter in the floodplain on property located at 28411 San Juan Creek Road which is General Plan-designated General Open Space and classified as General Open Space 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 3 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 City Council has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies; and, WHEREAS, the Planning Commission conducted a duly-noticed public hearing on June 23, and July 28, 2015, 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, and recommended City Council approval of the Floodplain Land Use Permit; and, WHEREAS, the City Council conducted a duly-noticed public hearing on February 16, 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. 1 2/16/2016 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings as established by Section 9- 2.321 of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed project will comply with standards in Municipal Code Section 9-3.405 because: a. The project will not impact the floodplain by creating any discernable net increase in water surface elevation and will not exacerbate erosive velocities within special flood hazard areas, and will not contribute to upstream or downstream flooding of properties due to its limited building footprint. b. Federal and State agencies compliance: The project will not require a Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) construction permit, United States Army Corps of Engineer Section 404 Permit, California Department of Fish and Wildlife Section 1602 Stream Alteration Agreement; and the proposed unmanned, open air 16'-0"x 16'-0" equipment enclosure and faux water tower design will meet the Federal Emergency Management Agency building requirements. Therefore, this Floodplain land use project complies with all Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineer, and Regional Water Quality Control Board requirements, as amended and in effect at the time the permit application is submitted and deemed complete. C. The project location will not create any significant impacts pursuant to the California Environmental Quality Act and location on-site will be the least impactful area for the project. d. The project is similar to that of a public utility and is therefore consistent with the permitted land uses within the floodplain. 2. The project will not result any in discernable net increase in water surface elevation and will not exacerbate erosive velocities within special flood hazard areas, and will not contribute to upstream or downstream flooding of properties, due to its limited building footprint. 3. The project will be consistent with the goals of the General Plan Safety Element because the development of the site will not exacerbate flooding hazards due to its limited building footprint. The structure has been designed to meet aesthetic standards by blending with existing landscaping and will not be discernable from public right-of-way or open space areas. 4. The proposed use and development of the property are consistent with all other applicable requirements of the Municipal Code and of the Federal Emergency 2 2/16/2016 Management Agency, California Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete, because the project will not require a Regional Water Quality Control Board NPDES construction permit, United States Army Corps of Engineer Section 404 Permit, California Department of Fish and Wildlife Section 1602 Stream Alteration Agreement; and the proposed unmanned, open air 16'-0" x 16'-0" equipment enclosure and faux water tower design will meet the Federal Emergency Management Agency building requirements. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council 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. 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, AND ADOPTEb,,this 16t" day of Fe u ry 2016. i PATTERSON, ESQ., MAYOR f ATTEST, MARIA R S, CITY C n 3 2/16/2016 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. 16-02-16-02 was duly adopted by the City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 16th day of February 2016, by the following vote: AYES; COUNCIL MEMBERS: Allevato, Perry, Reeve, Ferguson and Mayor Patterson NOES. COUNCIL MEMBERS: None ABSE COUNCIL MEMBERS: None MAW MORRIS, City rk 4 2/16/2016 EXHIBIT "A" C.C. RESOLUTION #16-02-16-02 CONDITIONS OF APPROVAL PROJECT LOG #: FP 15-001 PROJECT NAME: Verizon San Juan Creek (Tar Farms) APPROVAL DATE: Floodplain Land Use Permit (FP) 15-001 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 Floodplain Land 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. 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 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. _ 2. 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. Resolution#16-02-16-XX Conditions of Approval FP 15-001 Verizon San Juan Creek(Tar Farms)-- -__ Page 2 of 3 The following conditions shall be met prior to or in conjunction with the issuance of any building permit(s): 1.1 Conditional Use Permit. Prior to issuance of a building permit the applicant shall obtain Planning Commission approval of a Conditional Use Permit (Development Services Department, Public Works & Utilities Department). 1.2 FEMA Requirements. Prior to issuance of a building permit, the applicant shall provide plans that are substantially consistent with the Planning Commission- approved Conditional Use Permit and demonstrate compliance with the Federal Emergency Management Agency (FEMA) requirements for construction within the floodplain (Public Works & Utilities Department). 1.3 Archaeological 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). 1.4 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 (Development Services Department). 1.5 Hydraulics and Hydrology. Prior to the issuance of a Building Permit, the applicant shall submit necessary documentation to the satisfaction of the City Floodplain Administrator, that the structure will not create and adverse impacts relating to the Floodplain. The following conditions shall be met prior to acceptance of improvements, release of bonds and/or surety and final utility clearances: 2.1 Final 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 Final Development Services Inspection. 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#16-02-16-XX Conditions of Approval FP 15-001. Verizon San Juan Creek(Tar Farms) Pace 3 of 3 Applicant Acceptance of Conditions of Approval: Applicant Signature Date Applicant's name/title (print)