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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