Resolution Number 16-09-06-02CC RESOLUTION NO. 16-09-06-02
CONDITIONAL USE PERMIT (CUP) 16-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING THE INSTALLATION OF 55'-0" TALL FAUX EUCALYPTUS
TREE WITH 12 PANEL ANTENNAS, 12 REMOTE RADIO UNITS, 2
RAYCAPS, 2 EQUIPMENT CABINETS AND A STAND-BY EMERGENCY
GENERATOR TO BE ENCLOSED, LOCATED AT 32400 PASEOADELANTO,
(ASSESSOR PARCEL NUMBER 668-101-23) (APPLICANT: VERIZON
WIRELESS, C/0 CORE DEVELOPMENT SERVICES)
Whereas, Core Development Services, on behalf of Verizon Wireless , has
requested approval of Conditional Use Permit (CUP) 16-003 to establish a wireless
telecommunications facility including a new 55'-0" tall faux eucalyptus tree with 12 panel
antennas, 12 remote radio units, 2 raycaps, and 2 equipment cabinets and stand-by
emergency generator to be enclosed in the floodplain on property located at 32400 Paseo
Adelanto, which is General Plan-designated High Density Residential and classified as
High Density Residential 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 and,
Whereas, the City Council has considered the Environmental Administrator's
determination pursuant to Section 1507 4 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation and technical studies;
and,
Whereas, the City Council conducted a duly-noticed public hearing on
September 6, 2016, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider
public testimony on the appeal of the proposed project and has considered all relevant
public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby find that the project is Categorically Exempt (Section
15303, "New construction or conversion of small structures") from further review under
CEQA. The project will construct a faux eucalyptus tree with antennas 55'-0" above grade,
and will not create any adverse impacts such as aesthetics, noise, and traffic or safety
concerns.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council 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 (Chapter VI, Section "H"), specifically:
• Subsection 2(a) which states that, "facilities should not be discernible from
public right-of-ways or open space areas;" and,
• Subsection 2(c) which states that, "cellular and wireless facilities should be
screened by structures and or landscaping;" and,
• Subsection 3(a) which states that the, "wireless communication antennas
should be integrated within the overall building and/ or landscape design".
Because, the proposed design will screen the facility from view, as well as create a
similar appearance to the eucalyptus trees located within the surrounding City Hall
property. The faux eucalyptus tree will screen the facility from Paseo Adelanto and
Camino Capistrano as well as the public rights of way and open space areas. The
proposed faux eucalyptus tree design will also be integrated into the overall building
and landscape design of the City Hall site.
2. The proposed project will be consistent with the Land Use Code's standards
because "wireless facilities" uses are classified as a conditionally permitted use in
the High Density Residential zoning 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
antenna improvements. The project design has eliminated the visual impacts of the
proposed project by incorporating the antenna within the proposed faux eucalyptus
tree. Based on the proposed location and project design, the proposed cellular
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 be located at the City Hall property and is situated to the rear
surface parking area adjacent to the railroad right-of-way. The proposed structure
will be integrated with the existing mature landscaping and will not encroach into
required setbacks, loading areas, parking or other uses on the site. Therefore, the
project is situated on a site with adequate size and shape to accommodate all
required features.
4. The proposed project will not create any additional impacts to the surrounding uses
because the proposed project will not generate additional noise, light, vibration, or
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odors, and will not create a significant increase in traffic/vehicle trips. The wireless
facility will not create noise, lighting, vibrations, or odors because the electrical
equipment will be enclosed within the proposed faux eucalyptus tree . Additionally,
the wireless facility is unmanned, and will only require maintenance every four to six
weeks for up to thirty minutes. The use is more than three hundred feet (300'-0")
away from residential properties and is designed as an extension of the existing
mature trees with the design and paint colors to match similar eucalyptus trees.
Therefore, the proposed use is consistent and complementary to the existing City
Hall site and is compatible with the surrounding properties.
5. The proposed use will not create significant vehicular trips which would create
significant demands for parking. Occasionally, support personnel will need to
access the site for repairs and maintenance, but otherwise, the site is unmanned.
Due to the limited visitation to the site, the proposed project provides adequate
access and parking.
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.
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 .
PASSED, APPROVED AND A TED this 61h day of September2016
3 9/6/2016
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. 16-09-06-02 was duly adopted by the
City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 61h
day of September 2016, by the following vote:
AYES:
NOES :
ABSE NT
cq NCIL MEMBERS: Reeve, Perry, Allevato, Ferguson and Mayor Patterson
C9, NCIL MEMBERS: None
0 NCIL MEMBERS: None
4 9/6/2016
EXHIBIT "A"
CC RESOLUTION #16-09-06-02
CONDITIONS OF APPROVAL
PROJECT LOG #: CUP 16-003
PROJECT NAME: Verizon City Hall
APPROVAL DATE: September 6, 2016
Conditional Use Permit (CUP) 16-003 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. 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.
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
1.1 Floodplain Permit. Prior to issuance of a building permit the applicant shall obtain
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Resolution #16-09-06-02
CUP 16-003. Ve rizon Citv Hall
Conditions of Approval
Page 2 of 4
City Council approval of a Floodplain Land 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 City Council-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 Prior to submittal into building plan check, provide plans indicating all utilities are
to be located above the Base Flood Elevation (BFE) or that they will be flood
proofed to the satisfaction of the Public Works and Utilities Department.
1.4 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).
1.5 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).
1.6 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 City Council reserves the right to review
and modify the subject use in the future (Development Services Department).
1.7 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).
1.8 Public 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).
1.9 Landscape Plan . Submit a landscape plan identifying plant material, irrigation,
mulch, etc. to be planted surrounding the proposed faux antenna. Plantings shall
include a minimum of four (4) 24-inch box eucalyptus trees. The landscaping
can be maintained and trimmed by the applicant not to exceed 35 feet in height
to avoid interference and obstruction with the signal for the facility.
1.1 0 Spec ifi cat ions. Prior to issuance of a building permit, the applicant shall
Resolution #16-09-06-02
CUP 16-003. Verizon Cltv Hall
demonstrate compliance with the following :
Conditions of Approval
Page 3 of4
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 of 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 come brown leaves to match an actual deciduous or broad leaf 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 Fi na l Cu ltural Resou rce Rep orts. 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 repos itory
South Central Coastal Information Center (SCCIC). Reports shall include
information on the disposition of resources (Development Services Department).
2.2 Fina l Deve lopment Services Inspecti on. 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 #16-09-06-02
CUP 16-00 3. Verizon Citv Hall
Applicant Acceptance of Conditions of Approval:
Applicant Signature
Applicant's name/title (print)
Date
Conditions of Approval
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