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: