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PC Resolution-13-05-14-02PC RESOLUTION NO. 13-05-14-02 CONDITIONAL USE PERMIT (CUP) 12-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING WIRELESS TELECOMMUNICATIONS EQUIPMENT ON THREE (3) LIGHT POLES LOCATED WITHIN THE EXISTING PUBLIC RIGHT-OF-WAY. TWO LOCATIONS FEATURE AN EXISTING POLE OWNED BY THE CITY WHICH WOULD BE REPLACED WITH A MATCHING POLE THAT CAN SUPPORT THE EQUIPMENT TO BE MOUNTED ON THE EXTERIOR OF THE POLE NEAR THE TOP. THE THIRD POLE WOULD BE LOCATED IN AN AREA THAT DOES NOT PRESENTLY HAVE A LIGHT POLE. THE THREE LOCATIONS ARE (1) WEST SIDE OF AGUACATE ROAD, NORTH OF VIA QUEBRADA; (2) SOUTH SIDE OF LA ZANJA STREET, WEST OF CAMINO CAPISTRANO; AND, (3) NORTH SIDE OF CALLE LORENZO, EAST OF CAMINO CAPISTRANO. (CROWN CASTLE DAS NODES) Whereas, Stephen Garcia of Crown Castle, 1100 Dexter Avenue North, Suite 250, Seattle, WA 98109, has requested approval of CUP 12,-002 to allow wireless telecommunications equipment on three (3) light poles located within the existing public right-of-way. Two locations feature an existing pole owned by the City which would be replaced with a matching pole that can support the equipment to be mounted on the exterior of the pole near the top. The third pole would be located in an area that does not presently have a light pole. The three locations are (1) West side of Aguacate road, north of Via Quebrada; (2) South side of La Zanja Street, west of Camino Capistrano; and, (3) North side of Calle Lorenzo, east of Camino Capistrano; and, Whereas, the City Council directed staff to process the Conditional Use Permit and negotiate a Right -of -Way Use Agreement with the applicant on March 19, 2013; 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 Planning Commission 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 May 14, 2013 pursuant to Title 9, Land Use Code, Section 9-2.302, and City Council PC Resolution 13-05-14-02 2 May 14, 2013 Policy 5, to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT FURTHER 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(d) of Title 9, Land Use Code of the City of San Juan Capistrano: The proposed use and design are consistent with the maps and policies of the General Plan; in particular the Community Design Element because that element implements the City's design objectives through the adopted Architectural Design Guidelines. The proposed location of the antennas will be consistent with the City's Architectural Design Guidelines, and specifically: Section 2(a) which states that, "facilities should not be discernible from public right-of-ways or open space areas" by virtue of the fact that the facilities will use a design that is substantially consistent with existing City light -pole design; and, 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because the design of the proposed project has eliminated the visual impacts of the wireless facility by virtue of the integration of the design with the existing City Light pole design. The proposed design is in compliance with the 35'-0" height limit established by the municipal code, but does not meet 300'-0" from the nearest residential district however, the applicant has demonstrated that the reduced setback was necessary for adequate signal reception, therefore, the proposed structures are consistent the Municipal Code Section 9-3.507 Table 3-19;and, 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the applicant has demonstrated that the reduced setback was necessary for adequate signal reception and the facilities would not be located areas that would have any negative impacts on any exiting open spaces, yards, walls and fences, or trash enclosures; and, 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards, because no additional disturbances, nuisances, or hazards would be created at the locations featuring existing light poles. The location with no existing light pole will have a new light source, however it will not generate excessive light given the relatively low level lighting output, distance from nearest residential structure, and screening from dense tree foliage; and, PC Resolution 13-05-14-02 3 May 14. 2013 5. The site for the proposed use has adequate access and parking to support the use because there is no parking demand created by these 3 unmanned facilities. NOW, THEREFORE, BE IT 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, May 29, 2013. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on May 29, 2015 unless a time extension request or building/grading permit application related to this discretionary approval is submitted to the City prior to that date. 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 ADOPTED this 14th day of May, 2013, by the following vote, to wit: AYES: Vice -Chair Parkhurst, Commissioners Cohen, Neely, and Nunn. NOES: None. ABSTAIN: None. Wiliam A. Ramsey, Al1rP, Acting ector Secretary EXHIBIT A RESOLUTION #: 13-05-14-02 CONDITIONS OF APPROVAL Project #: CUP 12-002 Project Name: Crown Castle DAS Nodes APPROVAL DATE: May 14, 2013 EFFECTIVE DATE: May 29, 2013 EXPIRATION DATE: May 14, 2015 These conditions of approval apply to Conditional Use Permit # 12-004, approval to construct wireless telecommunications equipment on three (3) light poles located within the existing public right-of-way. Two locations feature an existing pole owned by the City which would be replaced with a matching pole that can support the equipment to be mounted on the exterior of the pole near the top. The third pole would be located in an area that does not presently have a light pole. The three locations are (1) West side of Aguacate road, north of Via Quebrada; (2) South side of La Zanja Street, west of Camino Capistrano; and, (3) North side of Calle Lorenzo, east of Camino Capistrano.' General Conditions: 1. Conditional Use Permit # 12-002, approval to construct wireless telecommunications equipment on three (3) light poles located within the existing public right-of-way. Two locations feature an existing pole owned by the City which would be replaced with a matching pole that can support the equipment to be mounted on the exterior of the pole near the top. The third pole would be located in an area that does not presently have a light pole. The three locations are (1) West side of Aguacate Road, north of Via Quebrada; (2) South side of La Zanja Street, west of Camino Capistrano; and, (3) North side of Calle Lorenzo, east of Camino Capistrano. This approval is granted based on the application materials submitted by Stephen Garcia of Crown Castle on March 28, 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 Planning Commission Resolution 13-05-14-02 Final Conditions of Approval CUP 12-002. Crown Castle 2 of 5 May 14, 2013 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 May 14, 2015, two (2) years after the approval 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 Development Services Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Development Services Director. 2, The Planning Commission shall review any proposal to co -locate by installing "Design Option 2, "Full Build Out" which features 2 carriers. 3. Staff shall survey property owners within 1,000 feet of site #1 on Aguacate Road to determine if a light fixture would be preferred by the community. The results of the survey will be presented to the Planning Commission for a final determination regarding the addition of a light fixture to the subject pole. 4. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 5. 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. 6. 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. 7. 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 Planning Commission Resolution 13-05-14-02 Final Conditions of Approval CLIP 12-002, Crowe Castle 3 of 5 Mays 14. 2013 Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 8. 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. 9. 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. 10. 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. 11. 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 permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) 12. This Conditional Use Permit (CUP) shall only be valid and in effect upon City Council approval of a Right -of -Way Use Agreement for the proposed use of public right-of-way. Furthermore, in the event the City Council declines to enter into a use agreement for the proposed project, this Conditional Use Permit (CUP) shall be void. 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 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. Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Planning Department 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 Planning Commission Resolution 13-05-14-02 Final Conditions of Approval CUP 12-002, Crown Castle 4 of 5 May 14, 2013 (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. (ENG) 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) 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: 18. 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 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) 19. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Department, 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) 20. Lessees or Other Users. Crown Castle shall ensure that the 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 the control of Crown Castle. (PLN) 21. 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 Resolution 13-05-14-02 Final Conditions of Approval CUP 12-002. Crown Castle 5 of 5 May 14, 2013 Planning Commission reserves the right to review and modify the subject use in the future. (PLN) Responsible Agencies: B&S = Building and Safety ENG = Engineering Division PLN = Planning Division PW = Public Works Department OCFA = Orange County Fire Authority Applicant Acceptance of Conditions of Approval; c Signature NamefTitle Date: