PC Resolution-13-07-23-010 got I I*] ki 10
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A PROPOSED UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY MOUNTED ON THE ROOFTOP OF AN EXISTING
OFFICE BUILDING AND SCREENED WITH A NEW PARAPET WALL LOCATED AT
30900 RANCHO VIEJO ROAD, (ASSESSORS PARCEL NUMBER: 650-631-23)
(MARBELLA COMMERCE CENTER)
Whereas, Sonal Thakur of Core Development, on behalf of Verizon Wireless,
15505 Sand Canyon Avenue, Building D, Irvine, CA 92618, has requested approval of
Conditional Use Permit 13-007 to allow an unmanned wireless telecommunications facility
mounted on the rooftop of an existing office building and screened with a new parapet wall
on property located at 30900 Rancho Viejo Road, which is General Plan -designated <GP
4.0 Industrial and classified as Park Planned Community (PC CDP 86-4) 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 1 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
#n July 23, 2013,pursuant to Title • Land Use Code, Section 9-2.302 and City Council
Resolution 11 1 1 • •- public testimonyon the proposed project an• has
considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
as established by Section• of - • Land, Use Code of _ of , ,,
a. •
The proposed us- and design are consistent with the maps and policies of -
PC Resolution 13-07-23-01 2 July 23, 2013
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 the architecture of the existing buildings; 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 building design. The proposed
design is in compliance with the development standards established in the Land
Use Code; however, the applicant has demonstrated that the reduced residential
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 residential setback was necessary for adequate signal reception and the
facilities would not be located in areas that would have any negative impacts on any
existing 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; and,
5. The site for the proposed use has adequate access and parking to support the use
because the facility will be unmanned and not require additional parking.
NOW, THEREFORE, BE IT FURTHER 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, August 7,
2013. This project approval shall be valid for a period of two years from the date of
approval of this resolution, and shall expire on July 23, 2015, unless a time extension
request or building permit application related to this discretionary approval is submitted to
the City prior to that date.
PC Resolution 13-07-23-01 3 July 23, 2013
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHE
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest t i
imposition of fees, dedications, reservations or other exactions imposed on th
development project by taking the necessary steps and following the procedur
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 23rd day of July, 2013, by t
following vote, to wit: I
AYES: Acting Chair Neely, Commissioners Gardiner, Chaffee, and
Nunn.
NOES: None.
•
Tim Neel�,ting thai(m) n
V'Yllliam A. Ramsey, Al(:�10, stant Pirector
Secretary �O I
MN -09 �:D
Project #:
CUP 13-007
Project Name:
Marbella Commerce Cen
APPROVAL DATE:
July 23, 2013
1
EFFECTIVE DATE:
August 7, 2013
EXPIRATION DATE:
July 23, 2015
These conditions of approval apply to Conditional Use Permit 13-007, approval to construct an
unmanned wireless telecommunications facility mounted on the rooftop of an existing office
building and screened with a new parapet wall located at 30900 Rancho Viejo Road,
(Assessor's Parcel Number: 650-631-23).
Conditional Use Permit 13-007, approval to construct an unmanned wireless
telecommunications facility mounted on the rooftop of an existing office building
and screened with a new parapet wall located at 30900 Rancho Viejo Road,
(Assessor's Parcel Number: 650-631-23). This approval is granted based on the
application materials submitted by Sonal Thakur of Core Development on June
4, 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.
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 July 23, 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.
Planning Commission Resolution 13-07-23-01 Final Conditions of Approval
CUP 13-007, Marbella CC 2 of 5 July 23, 2013
2. The exterior fiber cable chase shall be non -reflective, textured and painted to
match the existing building to which it is attached, and shall be mounted flush
with the existing column, as specified on Page A-2, Detail 1 of the plans
prepared by Fulsang Architecture and submitted to the City on June 4, 2013.
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
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 Department 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
Planning Commission Resolution 13-07-23-01 Final Conditions of Approval
CUP 13-007, Marbella CC 3 of 5 July 23, 2013
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. 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 issuaneo"-
of building permits: I
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 (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)
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
Planning Commission Resolution 13-07-23-01 Final Conditions of Approval
CUP 13-007 Marbella CC 4 of 5 July 23 2013
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. Verizon Wireless 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 the control of
Verizon Wireless. (PLN)
Responsible Agencies: B&S = Building and Safety
PLN = Planning Division
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acce t ce of Conditions of Approval:
By: Date: 1 6�
Signat ( e
Or cul
Name/Title