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PC Resolution-13-08-13-01,000x'167Rey1RIlk10ISIS K11INZKai _. .. .. •. , , . t' ... , . . • t' • , A . Whereas, Ken Friess; Friess Company Builders, on behalf of Tuttle -Click Automotive, 33301 Camino Capistrano, San Juan Capistrano, CA 92675, has requested approval of a conditional use permit to allow an unmanned wireless telecommunications facility located at 33301 Camino Capistrano, which is General Plan -designated 4. 1, Quasi Industrial and has a zoning designation of "CM" (Commercial Manufacturing) 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 (Section 15303) 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 duly -noticed public hearings on June 25 and August 13, 2013, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Resolution 10-08-17-03 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 of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use and design are consistent with the maps and policies of the General Plan, specifically the Community Design Element because that element implements the City's design objectives through the adopted Architectural Design Guidelines. Furthermore, the proposed location of the antennas will be consistent with the City's Architectural Design Guidelines, and specifically: PC Resolution 13-08-13-1 2 August l3,2013 Section 2(a) which states that, "facilities should not be discernible from public right-of-ways or open space areas;" and, Section 2(c) which states that, "cellular and wireless facilities should be screened by structures and or landscaping;" and, Section 2(d) which states that, "Clustering and co -location of wireless and cellular facilities is encouraged,` and, Section 3(a) which states that the, "wireless communication antennas should be integrated within the overall building and/ or landscape design". The proposed design is consistent with the Architectural Design Guidelines and consistent with previously approved faux Eucalyptus trees. Based on the information provided by the applicant, the project elements are in conformance with the required setbacks. Therefore, the proposed project is consistent with the General Plan. 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 proposed project is located within the Commercial Manufacturing (CM) zone district. The "CM" Zone District specifically allows cellular antennas, subject to approval of a conditional use permit. The purpose of the conditional use permit is to provide the City with the legal authority to impose conditions to mitigate the adverse aesthetic effects of cellular antennae and appropriate conditions are established herein. The design of the proposed project will reduce the visual impacts of the wireless facility. The proposed design meets all setback requirements, and other applicable development standards. Further the proposed antenna structure is located over 300'-0" from the nearest residential neighborhood. Therefore the proposed project is consistent with the Municipal Code. 3. The site • the proposed use is adequate in size and .• to accommodate all yards, open •. setbacks, walls and fences, parking and loading areas, fire and building ••- considerations, trash and recycling enclosures, and • f- •` • pertaining to the application •' the wireless facility is located ♦' the edge • a parking area of the existing auto dealership. The proposed design does not impact vehicular, pedestrian, or other forms of traffic, nor parking and loading areas. Further the proposed design meets all applicable setbacks. Therefore because the proposed project •#- not create adverse •. • existing uses, and meets all Municipal Code requirements it is found to be consistent with the intent of this finding. MI. The proposed use and the on-going operation • the use are compatible with abutting properties and the permitted uses thereof, and will not generate •' noise, vibration, •••` visual • traffic, • • disturbances, nuisances, or hazards, • the project ••- not create any additional •. that would PC Resolution 13-08-13-1 3 August 13, 2013 be in conflict with the existing use. The proposed use does not generate excessive noise, light, vibration or odors. Further the proposed use does not create increases in vehicle trips. Therefore the proposed use is found to be consistent and complimentary to the existing uses, 5. The site for the proposed use has adequate access and parking to support the use because the facility will be unmanned and will not create significant vehicular trips which would create significant demands for parking. Occasionally support personnel need to visit the site for repairs or maintenance, otherwise the site is unmanned. Due to the limited visitation to the site the proposed project is consistent with this finding. 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 28, 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 August 13, 2015, unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHE EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest t 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 13th day •'A • 013, by tl"PI-9 following vote, to wit: Tie'Nbely, Vide -C airman A < William A. Ramsey, A16P,`Assistantbre,tor Secretary Kelm$ 1HOH161019FT11:1 Project #: CUP 11-005 Project Name: Tuttle Click's Capistrano Fo APPROVAL DATE: August 13, 2013 EFFECTIVE DATE: August 28, 2013 EXPIRATION DATE: August 13, 2015 These conditions of approval apply to Conditional Use Permit 11-005, approval to construct an unmanned wireless telecommunications facility on three (3) thirty-five (35) foot tall faux eucalyptus trees located at 33301 Camino Capistrano (Assessor Parcel Number(s) 668-121-11 & 14). General Conditions: 1 Conditional Use Permit 11-005, approval to construct an unmanned wireless telecommunications facility on three (3) thirty-five (35) foot tall faux eucalyptus trees located at 33301 Camino Capistrano (Assessor Parcel Number(s) 668-121- 11 & 14). This approval is granted based on the application materials submitted by ken Friess, Friess Company Builders, Inc. on July 19, 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 fth following the fifteenth (15 ) day after the date of the Planning Commission's approval and shall expire August 13, 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. PC Resolution 13-08-23-1 Final Conditions of Approval CUP 11-005, Tuttle Click 2 of 4 August 13, 201 2. All exterior cables shall be non -reflective, textured and painted to match the existing building or surface to which it is'attached. 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. • The .•• shall •- responsible for informing all subcontractors, consultant engineers, or other business entities providing services related to the project their responsibilities to comply with these conditions of approval and all pertine requirements in the San Juan Capistrano Municipal Code, including th requirement that a business license •- obtained • all entities doing • 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 • the establishment • 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, • • agencies. The duty • • as to such -• shall •- •• the applicant. '10. All applicable approvals and clearance from • departments and .•- shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release • securities, as specified in these conditions. (B&S) PC Resolution 13-08-23-1 Final Conditions of Approval CUP 11-005, Tuttle Click 3 of 4 August 13, 201 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 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. Co -location. The addition of a new carrier at this site shall be co -located on the existing equipment if feasible. _rI_ 11 -e completed all I VVILII LIM I lie following conditionsist Li LVU VIIVI LU VI III VVIIJUII%,LIVII 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 • Materials (Service ••- 2.50). Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a • for review and approval • the battery system. The • 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 •- 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 • Construction • shall •- -• to 7:00 a.m. to 600 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. • •. Construction activity shall not • permitted on • or any Federal holiday.(PLN) The following conditions shall •- met prior to acceptance • improvements and release • bonds and/or surety, final utility clearances, • granting permission to use or occupy the project site, as specified below: PC Resolution 13-08-23-1 Final Conditions of Approval CUP 11-005, Tuttle Click 4 of 4 August 13, 201 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 ' e 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 r in lieu of installation of the +k,-.+ improvements, uICAL 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. Tuttle Click Capistrano Ford 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 this permit. (PLN) Responsible Agencies: B&S = Building and Safety PLN = Planning Division PW = Public Works Department OCFA = Orange County Fire Authority W��=Mhl ce of Conditions of Approval: By: Applicant Si ature Applicant Name/Title (print) C) Date: