PC Resolution-13-08-13-01,000x'167Rey1RIlk10ISIS K11INZKai
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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
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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.
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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: