PC Resolution-13-11-12-02F: � 0011 U W*Yi, I Ll LON FM I N
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WHEREAS, JF Shea Therapeutic Riding Center is the owner of real property at
26284 Oso Road, described as Assessor's Parcel Number 121-070-64, in the City of
San Juan Capistrano; and,
WHEREAS, Alexander Lew of Core Development Services, on behalf of AT&T,
requests to construct a 72'-0" tall, mono -eucalyptus, wireless telecommunications
facility; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code and reviewed for compliance with
the City's General Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant
to Section 15303 of the California Environmental Quality Act (CEQA) and issued a
Class 3 Categorical Exemption;
WHEREAS, On November 12, 2013 the Planning Commission conducted a duly
noticed public hearing pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano does hereby make the following findings:
1 The proposed project is consistent with the General Plan policies and objectives,
in particular the Community Design Element because that element implements
the City's design objectives through the adopted Architectural Design Guidelines.
The proposed project has been designed to blend with the existing surroundings
and have minimal impact on public views. Further all proposed equipment shall
be screened by the proposed structure and would not be discernable from public
areas. Therefore, the proposed project is consistent with the General Plan; and,
2. The proposed project is located within the Open Space Recreation (OSR) zone
district. The OSR zone district specifically allows cellular antennas, subject to
approval of a Conditional Use Permit. The design of the proposed project has
eliminated the visual impacts of the wireless facility. The proposed project is
consistent with applicable development standards. Therefore, the proposed
project is consistent the Municipal Code; and,
3. The proposed wireless facility is located at an existing equestrian facility near the
terminus of a road that does receive a, high volume of vehicular traffic. The
proposed design does not impact vehicular, pedestrian, or other forms of traffic,
nor any parking and loading areas. Since the proposed project does not create
adverse impacts on existing uses, and meets all Municipal Code requirements it
is found to accommodate all yards, open spaces, setbacks, walls and fences,
parking and loading areas, fire and building code considerations, trash and
recycling enclosures.
4. The proposed project would not create any additional impacts that would be in
conflict with the existing use. The proposed use would not generate excessive
noise, light, vibration or odors. Further the proposed use would not create
significant increases in vehicle trips. Therefore the proposed use is found to be
consistent and complimentary to the existing equestrian use; and,
5. The proposed use does 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 will not impact access or
parking.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following additional
findings:
The approval of this project does not constitute a precedent whereby 72'-0" is a
standard maximum height for wireless communications structures. This approval is
based solely on the merits of this project including, but not limited to, the site
elevation in comparison with surrounding topography, the rustic design and its
applicability to the project setting, the opportunity to provide additional landscaping,
and the unique location of the property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project
subject to conditions of approval set forth in 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 PM November 27,
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 November 12, 2015 unless a time
extension request or building permit application related to this discretionary approval is
submitted to the City prior to that date.
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RESOLUTION #: 13-11-12-02
CONDITIONS OF APPROVAL
Project#: CUP1 0-013 Project Name: AT&T JF Shea Therapeutic Riding
Center
November 12, 2013
November 27, 2013
November 12, 2015
These conditions of approval apply to Conditional Use Permit (CUP) 13-011 for
approval of a 72'-0" tall, mono -eucalyptus, wireless telecommunications facility. The site
is located 26284 Oso Road and more specifically referred to as Assessor Parcel (APN)
121-070-64. Any proposed change of use or expansion of the area or modifications to
the site plan or structures shall be submitted to the City Development Services
Department along with the required application and fee, for review. For the purpose of
these conditions, the term "applicant" shall also mean the developer, the owner or any
successor(s) in interest to the terms of this approval.
General Conditions:
1. Conditional Use Permit 13-011 is granted to allow the construction of a
72'-0" tall, mono -eucalyptus, wireless telecommunications facility and
equipment structure. The site is generally located on the south side of Oso
Road approximately 500 -feet west of Camino Capistrano, more
specifically referred to as Assessor Parcel (APN) 121-070-64.This
approval is granted based on the application materials submitted by
Alexander Lew on October 25, 2013, including site plans 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.
Any proposal to expand the cellular facility beyond the area illustrated on
the project plans shall be subject to new discretionary approval. 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 November 12, 2015, 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
Resolution No. 13-11-12-02 Final Conditions of Approval
Project No. CUP 13-011 November 12, 2013
AT&T JF Shea Therapeutic Riding Center page 2 of 5
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 applicant shall submit final landscape plans to the Development
Services Department for review and approval. The landscape plan shall
provide four (4) trees within a 100 -foot radius of the faux eucalyptus, so
that adequate planting is provided to achieve appropriate context for the
faux eucalyptus upon maturation of the additional trees. The landscape
plans shall include details for sufficient irrigation.
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.
Resolution No. 13-11-12-02 Final Conditions of Approval
Project No. CUP 13-011 November 12, 2013
AT&T JF Shea Therapeutic Riding Center page 3 of 5
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, traffic safety or any public nuisances
arising or occurring incidental to the establishment or operation and shall
meet the requirements of these conditions of approval on a continuing
basis. Failure to meet these requirements may be grounds for revocation
of this Conditional Use Permit.
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. The applicant shall allow the Business License Administrator or
designated City staff to inspect the business premises at any time for
compliance with the provisions of these conditions of approval and Title 9,
Land Use Code. Failure of the business owner or his/her employees to
allow inspection by City staff shall be grounds for revocation of the
business license and may be grounds for the revocation of this Conditional
Use Permit.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
12. 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)
13. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final improvement construction plans to the Building
and Safety Department for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the Planning Commission,
and/or Development Services Director (as applicable). Plans shall address
the following: (PLN)
2. The final conditions of approva[ shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
Resolution No. 13-11-12-02 Final Conditions of Approval
Project No. CUP 13-011 November 12, 2013
AT&T JF Shea Therapeutic Riding Center page 4 of 5
14. OCFA Review of Architectural Buildinq Plans. Prior to the issuance of a
building • the .•• shall submit site and •• plans for the
review and approval of the Fire Chief if required per the "Orange County
Fire Authority Plan Submittal Criteria Form." Please contact the OCFA al
(714) 573-6100 • a •• • the Site/Architectural Notes to •^ placed •
the plans prior to submittal. (OCFA)
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:
15. 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, and floor plans. (PLN)
16. 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 Development Services Department, and shall pay any
outstanding balance in the Developer Deposit Account assigned to this
application. (PLN)
17. Lessees
• • Users. AT&T shall ensure that the lessee • •
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 AT&T. (PLN)
18. Future technologies. In the event that future 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 •' a reduction in panels. The Planning Commission reserves
the right to review and modify the subject use in the future. (PLN)
The following ongoing conditions shall • complied with at all times after
completion •: the project.
19. Site Maintenance and Tree Removal. The applicant shall maintain all
portions of the site, including undeveloped areas, pursuant to Municipal
Code requirements for property maintenance. The .•d shall ensure
that all trees are maintained in their present condition. Should staff
determine the condition of the trees has deteriorated to cause increased
bility • structures, the CUP entitlement may be referred to the
Planning Commission to address the deficiencies • the landscaping. Any
request for tree removal on the subject site may also be referred to the
Planning Commission for review to ensure that adequate screening of the
cellular facility is maintained and replacement trees are applicable. (PLN)
Resolution No. 13-11-12-02 Final Conditions of Approval
Project No. CUP 13-011 November 12, 2013
AT&T JF Shea Therapeutic Riding Center page 5 of 5
20, Carrier Merger/Co-location. In the event that T -Mobile merges with
another carrier, the entity responsible for the subject cellular facility shall
notify the Development Services Department of the merger and shall
submit documentation regarding the possibility of combining or eliminating
nearby cellular facilities due to an overlap in coverage. This
documentation may be reviewed by the Planning Commission to
determine the necessity of the subject cellular facility and make applicable
recommendations. (PLN)
21. Any future proposed wireless communications projects on this site shall be
co -located on the existing antenna structure, if feasible.
Responsible Agencies: B&S = Building and Safety
ENG = Engineering Department
PLN = Development Services Department
PW = Public Works Department
OCFA = Orange County Fire Authority
By:
Applicant Name
Its:
Title
M
Resolution No. 13-11-12-02 Final Conditions of Approval
Project No. CUP 13-011 November 12, 2013
AT&T JF Shea Therapeutic Riding Center paw 5 of 5
20, Carrier Merger/Co-location. In the event that T -Mobile merges with
another carrier, the entity responsible for the subject cellular facility shall
notify the Development Services Department of the merger and shall
submit documentation regarding the possibility of combining or eliminating
nearby cellular facilities due to an overlap in coverage. This
documentation may be reviewed by the Planning Commission to
determine the necessity of the subject cellular facility and make applicable
recommendations. (PLN)
21 Any future proposed wireless communications projects on this site shall be
co -located on the existing antenna structure, if feasible.
Responsible Agencies: B&S = Building and Safety
ENG Engineering Department
PLN = Development Services Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
Applicant Name'—;V,'
Jo
Its:
Title
Date