PC Resolution-11-07-26-01PC RESOLUTION NO. 11-07-26-01
CONDITIONAL USE PERMIT CUP 11-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING AN UNMANNED WIRELESS TELECOMMUNICATION
FACILITY TO BE LOCATED WITHIN THE CITY'S SPORTS PARK AND TO INCLUDE A
STEALTH LIGHT STANDARD (POLE) WHICH STANDS EIGHTY THREE FEET THREE
INCHES (83'-3"), WHICH CONSISTS OF 6 (SIX) PANEL ANTENNAS FULLY
ENCLOSED WITHIN THE POLE, AND AN EQUIPMENT SHELTER (APPLICANT:
MICHELLE FELTEN FOR VERIZON WIRELESS).
WHEREAS, Michelle Felten representing Verizon Wireless proposes to install an
unmanned wireless telecommunications facility that consists of installing 6 (six) panel
antennas located inside the top of an 83'-3" tall light pole with a 44 -inch diameter base,
which will also provide field lighting. Also proposed is the construction of 1 (one) 400
square foot CMU antenna equipment shelter; 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 July 26, 2011 the Planning Commission conducted a duly noticed
public hearing pursuant to Section 9-2.302 of the Municipal Code to consider public
testimony on the proposed project.
WHEREAS, On June 20, 2009 the Parks, Recreation and Senior Services
Commission conducted a duly noticed public meeting pursuant to Section 9-2.302 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:
The proposed project is consistent with the General Plan maps and policies, 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
fight -of -ways or open space areas;" and,
PC Resolution 11-07-26-01 2 July 26 2011
Section 2(c) which states that, "cellular and wireless facilities should be
screened by structures and or landscaping;" and,
The proposed wireless facility is to be located on the inside the top portion of a
stealth light standard (pole) that will measure 83'-3" in height when measured from
finish grade. The pole will contain 6 panels and electrical coax cables. The
equipment will be located in an equipment shelter that will match the design of the
existing trash enclosure. The antenna panels have been designed inside the pole
and will therefore be invisible from surrounding views, and because the pole will
contain sports field's lights it is found to be consistent with the General Plan; and,
2. The proposed project is consistent with the Land Use Code because it is. located
within the Community Park (CP) Zone District, which lists wireless facilities uses as
conditionally permitted uses. The CP district specifically allows cellular antennas
subject to approval of a Conditional Use Permit. The purpose of the CUP is to
provide the City with the legal authority to impose conditions to mitigate the adverse
aesthetic effects of cellular antennae. To the extent the design of the project has
eliminated the visual impacts of the proposed project; the proposed use is
consistent with the purpose and intent of the "CP" zone district. In addition, all the
supplemental district standards are either met or exceeded. Therefore the project is
consistent with the "CP" Zone District; and,
3. The proposed site is more than three hundred feet (300'-0") away from residential
properties. The proposed use will not be visible because the antennae will be
located within stealth light standard (pole) and the equipment shelter will be
designed to aesthetically match the existing trash enclosure; and,
4. The proposed project does not create any additional impacts that would 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 significant
increases in vehicle trips. Therefore the proposed use is found to be consistent and
complimentary to the existing park lighting uses; 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 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 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 and City Council approval of a license agreement to allow the
proposed private utility use on City -owned public property. The appeal period shall expire
at 5:00 PM, Wednesday, August 10, 2011. This project approval shall be valid for a period
PC Resolution 11-07-26-01 3 July 26, 2011
of two (2) years from the date of approval of this resolution, and shall expire on July 26,
2013 unless a time extension request or building permit application related to this
discretionary approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2011, by the
following vote»
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Williams, Kerr,
Neely, and Parkhurst
NOES: Commissioner Nunn
ABSTAIN:
Sheldon Cohen, Chairman
Wlllam A. Ramsey, AICP,
Principal Planner, Secretary
EXHIBIT A
RESOLUTION #: 11-07-26-01, CONDITIONS OF APPROVAL
Project #: CUP 11-004
Project Name. Verizon Wireless - Community Center
APPROVAL DATE: July 26, 2011
EFFECTIVE DATE: August 10, 2011
EXPIRATION DATE: July 26, 2013
These conditions of approval apply to Conditional Use Permit # 11-004 to construct an
unmanned, wireless, telecommunications facility that consists of installing six (6) panel
antennas located inside the top of an 83'-3" tall light pole with a 44 -inch diameter base
located at the City's Sports Park, which will also provide field lighting. Also proposed is
the construction of one (1) 400 square foot antenna equipment shelter.
General Conditions:
Conditional Use Permit # 11-004 to construct an unmanned wireless
telecommunications facility that consists of installing 6 (six) panel
antennas located inside the top of an 83'-3" tall light pole, which will also
provide field lighting. Also proposed is the construction of 1 (one) 400
square foot antenna equipment shelter. This approval is granted based
on the application materials submitted by Michelle Felten on April 28,
2011, prepared by Fulsang Architecture including site plan, elevations,
and floor plans. 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 26, 2013 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
Planning Commission Resolution 11-07-26-01 Final Conditions of approval
CUP 11-004 Verizon Wireless 2 of 4 July 26 2011
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Development Services Director.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
Planning Commission Resolution 11-07-26-01 Final Conditions of Approval
CUP 11-004 Verizon Wireless 3 of 4 July 26 2011
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
10. This Conditional Use Permit (CUP) shall only be valid and in effect upon
City Council approval of a license agreement for the proposed use of City -
owned, public property. Furthermore, in the event the City Council
declines to enter into a license 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.
11. 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)
12. 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)
13. OCFA Review of Hazardous Materials fService 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.
14. 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)
15. 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:
Planning Commission Resolution 11-07 26-01 Final Conditions of Approval
CUP 11-004 Verizon Wireless 4 of 4 Jul 26 2011
16. Consistengy with A
j2proved 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)
17. Final
fanning .." Ins § pectionA minimm of one week prior to final inspection
by and SafetyDepartment, 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)
18. Lessees or Other Users. Verizon Wireless 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 Verizon Wireless. (PLN)
19, 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)
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:
By:
Signature
Nameffltle
Date: //-- / -0//