PC Resolution-10-03-23-01PC RESOLUTION NO. 10-3-23-01
CONDITIONAL USE PERMIT 09-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING THE PLANS FOR THE
ESTABLISHMENT OF A WIRELESS TELECOMMUNICATIONS
FACILITY THAT INCLUDES EIGHT PADDLE ANTENNAS AND SIX
PIECES OF GROUND MOUNTED EQUIPMENT LOCATED AT 31522
CAMINO CAPISTRANO, GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF CAMINO
CAPISTRANO AND ACJACHEMA ST. AND MORE SPECIFICALLY
REFERRED TO AS (APN 124-180-03).
WHEREAS, Diocese of Orange Education and Welfare Corporation is the owner of
real property described as Assessor's Parcel Number 124-180-03 located at 31522
Camino Capistrano, San Juan Capistrano; and,
WHEREAS, T -Mobile, proposes to establish a new wireless telecommunications
facility which includes eight pieces of paddle antennas and six pieces of ground
mounted equipment; 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
Class 3 Categorical Exemption;
WHEREAS, On March 23, 2011 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:
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 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;" and,
Section 2(c) which states that, "cellular and wireless facilities should be
screened by structures and or landscaping;" and.,
PC Resolution 10-3-23-01 2 March 23 2010
Section 3(a) which states that the, "wireless communication antennas
should be integrated within the overall building and/ or landscape design".
The proposed project has been designed as to be incorporated into an existing
structure. 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 Public and Institutional (P&I) zone
district. The "P&I" zone 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. The design of the proposed project has
eliminated the visual impacts of the wireless facility. The proposed design meets
all setback requirements, and other applicable development standards. Further
the proposed structure is located over 300'-0" from the nearest residential district
and the design integrated into the building. Therefore the proposed modification
is consistent with the Municipal Code; and,
3. The proposed wireless facility is located in a service area of the existing religious
facility. 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 does not
create adverse impacts on existing uses, and meets all Municipal Code
requirements it is found to be consistent with the intent of this finding; and,
4. The proposed modification 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 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; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves 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 April 6, 2010. This
project approval shall be valid for a period of 1 year from the date of approval of this
PC Resolution 10-3-23-01 3 March 23 2010
resolution, and shall expire on March 23, 2011 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 23rd day of March, 2010, by
the following vote:
AYES: Commissioners: Mocalis, Neely, Tatarian and Williams
NOES: Chairman Cohen, Vice chairwoman Ratcliffe, -and Commissioner
Kerr
ABSTAIN:
ABSENT:
Sheldon Cohen, Chairman
Grant Taylor, Assistant Planning. Director
RESOLUTION #: 10-02-23-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 09-016
Project Name: Mission Basilica
APPROVAL DATE: March 23, 2010
EFFECTIVE DATE: April 6, 2010
EXPIRATION DATE: March 23, 2011
These conditions of approval apply to Conditional Use Permit # 09-016 for the
establishment of a wireless telecommunications facility that includes eight paddle
antennas and six pieces of ground mounted equipment 31522 Camino Capistrano,
generally located at the southeast corner of the intersection of Camino Capistrano and
Acjachema St. and more specifically referred to as (APN 124-180-03).. Any proposed
change of use or expansion of the area or modifications to the site plan or structures
shall be submitted to the City Community Development 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:
a wireless telecommunications facility that includes eight paddle antennas
and six pieces of ground mounted equipment located at 31522 Camino
Capistrano, generally located at the southeast corner of the intersection of
Camino Capistrano and Acjachema St. and more specifically referred to
as (APN 124-180-03).This approval is granted based on the application
materials submitted by Aimee Weeks, representative for T -Mobile
including a site plan and elevations. 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 Community 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
Planning 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 March 23, 2011 (12) months after
the effective date of the approval unless the use or occupancy which is
Planning Commission Resolution 10-3-23-01 Final Conditions of Approval
CUP 09-016 Mission Basilica March 23, 2010
Page 2 of 5
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 Community
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
Planning 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
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,
Planning Commission Resolution 10-3-23-01 Final Conditions of Approval
CUP 09-016 Mission Basilica March 23, 2010
Page 3 of 5
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
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
10. In the event that future technology renders the approved antenna
obsolete due to performance or aesthetic considerations, the antenna may
be replaced at the expense of the applicant, subject to review by the
Planning Commission.
11. The applicant shall paint and texture to match the existing building's
fagade, the entire bell tower beginning from the bottom of the upper
cornice trim to the top of the lower cornice trim; neither cornice trim
element shall be required to be repainted.
12. All antennas shall be fully screened from both exterior and interior
13. T -Mobile or their successor shall be required to maintain the facility in
a manner which maintains the integration of the fiberglass material and
the masonry material.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
14. 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)
15. 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 Planning Director (as applicable). (PLN)
Planning Commission Resolution 10-3-23-01
CUP 09-016 Mission Basilica
Final Conditions of Approval
March 23, 2010
Page 4 of 5
16. 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.
17. 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)
18. 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:
19. 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 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)
Responsible Agencies: B&S =
ENG =
PLN =
PW =
OCFA =
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Planning Commission Resolution 10-3-23-01 Final Conditions of Approval
CUP 09-016 Mission Basilica March 23, 2010
Page 5 of 5
Date of Approval: March 23, 2010
Resoluti o,: 10-02-23-01
Effecti at !April 6, 2010
By:412,110
Applicant Name Date
Title