PC Resolution-10-04-13-02PC RESOLUTION NO. 10-4-13-02
Conditional Use Permit (CUP) 09-013, T -Mobile Cell Site on City Property
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO DENYING THE PROPOSED CONDITIONAL
USE PERMIT FOR THE ESTABLSIHMENT AND OPERATION OF A
TELECOMMUNICATIONS FACILITY LOCATED AT 29932 CAMINO
CAPISTRANO AND MORE SPECIFICALLY REFERRED TO AS (APN
650-023-09).
WHEREAS, The City of San Juan Capistrano, owner of real property
described as Assessor's Parcel Numbers 650-023-09 located at 29932 Camino
Capistrano, San Juan Capistrano; and,
WHEREAS, Robert Howell representative of T -Mobile is requesting
approval of the subject Conditional Use Permit for the installation and operation of
wireless telecommunications facility located at 29932 Camino Capistrano and more
specifically referred to as (APN 650-023-09); and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.343, Sign Permit 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 has
determined that per Section 15270 (a) (Projects Which Are Disapproved), "CEQA does
not apply to projects which a public agency rejects or disapproves"; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on March 9, 2010 and pursuant to Section 9-2.301 of the Municipal Code to
consider public testimony on the proposed project; and,
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 inconsistent 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 would be inconsistent with the
City's Architectural Design Guidelines, and more specifically:
PC Resolution 10-4-13-02 2 April 13, 2010
1. Section 2(a) which states that, "facilities should not be
discernible from public right-of-ways or open space areas;"
and,
2. Section 2(c) which states that, "cellular and wireless facilities
should be screened by structures and or landscaping;" and,
3. Section 3(a) which states that the, "wireless communication
antennas should be integrated within the overall building
and/ or landscape design".
Due to the location of the facility within proximity to the entry to community and
northwest opens space areas great consideration is necessary in the proposed
design. While the proposed faux tree is in line with the direction provided in the
Design Guidelines the subject site does not contain an adequate number of trees
to provide a realistic foreground and background transition. Further the health of
the existing trees does not support a long term installation dependent on them to
provide effective screening. Therefore because the subject site does not provide
adequate screening of the proposed faux tree or have enough viable trees to
.provide foreground and background transitions the proposed project is found to
be inconsistent with the General Plan; and,
2. The proposed project is located within the Community Park (CP) zone district.
The "CP" 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 proposed design attempts to effectively screen the
proposed facility, however due to the lack of long term viability of the trees onsite
the proposed design fails to mitigate the potential long term visual impacts
associated with the proposed faux tree. The proposed design meets all setback
requirements, is located over 300'-0" from the nearest residential. However due
to the proposed failure to mitigate long-term visual impacts associated with the
proposed wireless communications facility the proposed project is found to be
inconsistent with the Municipal Code; and,
3. The proposed site is adequate in size and shape to accommodate the proposed
project and is consistent with this nature of this finding. However due to the
- aforementioned visual impacts theproposedproject cannot be supported for -
approval; and,
4. The proposed use does not generate excessive noise, light, vibration or odors.
The proposed site does not contain adequate long term viable trees to mitigate
potential future visual blight due to the condition and health of the existing trees.
Therefore while the proposed does not generate excessive light, noise, traffic, or
PC Resolution 10-4-13-02 3 April 13, 2010
odors it does potentially create excessive visual blight and therefore fails to meet
intent of this finding; 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 is consistent with this finding.
However due to the aforementioned visual impacts the proposed project cannot
be supported for approval; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies Conditional Use Permit
(CUP) 09-013.
EFFECTIVE DATE & FINAL APPROVAL: This project denial 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, April
28, 2010.
Denied this 13th day of April, by the following vote, to wit:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners
Kerr, Mocalis, Tatarian, and Williams
NOES:
ABSTAIN:
ABSENT:
Sheldon Cohen, Chairman