PC Resolution-09-07-28-01PC RESOLUTION NO. 09-07-28-01
CONDITIONAL USE PERMIT 09-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING THE INSTALLATION AND OPERATION OFA
40'0" TALL SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION)
ANTENNA. THE SUBJECT SITE IS LOCATED AT 32600 VIA CERRO REBAL
APPROXIMATELY 1100 FEET EAST OF AVENIDA PLACIDIA AND 1200
SOUTH WEST OF VIA CERRO REBAL, MORE SPECIFICALLY REFERRED
TO AS (APN 666-012-07)
WHEREAS, The City of San Juan Capistrano is owner of real property described as
Assessor's Parcel Number 666-012-07 located at 32600 VIA CERRO REBAL, San Juan
Capistrano; and,
WHEREAS, The City of San Juan Capistrano, proposes to install and operate a 40'0" tall
SCADA (Supervisory Control And Data Acquisition) antenna, 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 28, 2009 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 Conditional Use is not specifically discussed in the General Plan. Policy
6.1 of the Public Services and Utility Element states "Provide sufficient levels of water
and sewer service to meet the needs of the Community" While the proposed installation
and operation of a SCADA antenna system does not directly impact the sufficient levels
of water and sewer service, it does indirectly impact the services levels by creating more
efficient monitoring of water and sewer facilities, and allows for a more effective manner
to provide water and sewer services. Because the proposed SCADA system provides a
more efficient means to the providing of water and sewer services it is found to be
consistent with the General Plan; and,
2. The proposed facility is located in Comprehensive Development Plan 81-02; however
said Comprehensive Development Plan is silent on this specific use. In such
circumstances it is City policy tofall back to the base Municipal Code. Section 9-3.507
Antennas_ establishes the criteria for _approval -of _antennas. The proposed 40'0"_has _been
determined necessary by a radio study. Further the proposed facility meets or exceeds
PC Resolution 09-07-28-01 2 July 28, 2009
all setback and placement requirements. Therefore through the approval of a Conditional
Use Permit, the proposed 40'-0" tall SCADA antenna has been demonstrated necessary
to meet the signal requirements, additionally it meets all setback and placement
requirements, and is consistent with the zone district in which the use will be located;
and,
3. The proposed facility is to be located at an existing well station. The well station has
restricted access to both vehicular traffic as well as pedestrian/hiking traffic. The
proposed facility is setback considerably from all residences, and the nearest residence
is approximately 900'-0". The proposed facility does not visually detract from the
surrounding communities nor does it present a safety concern, therefore it is found to be
compatible with existing and surrounding land uses; and,
4. The proposed facility does not propose lighting, signage, fencing, or uses demonstrating
significant increase in parking demand. Section 9-3.507 Antennas establishes the criteria
for approval of antennas. The proposed 40'0" has been determined necessary by a radio
study. Further the proposed facility meets or exceeds all setback and placement
requirements. Therefore through the approval of a Conditional Use Permit, the proposed
40'-0" tall SCADA antenna has been demonstrated necessary to meet the signal
requirements; additionally it meets all setback and placement requirements, and is
consistent with the applicable provisions of Title 9, Land Use Code
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, August 12, 2009. This project approval
shall be valid for a period of 1 year from the date of approval of this resolution, and shall expire
on July 28, 2009 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 28th day of July, 2009, by the
following vote:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners Kerr,
Neely, Mocalis and Williams
NOES:
ABSTAIN:
ABSENT: Commissioner Tartarian
Sheldon Cohen, Chajxman
rant I aylor, Asslsta,M Manning Uirector
RESOLUTION #: 09-07-28-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 09-004
Project Name: Krum Reservoir SCADA Antenna
APPROVAL DATE:
July 28, 2009
EFFECTIVE DATE:
August 12, 2009
EXPIRATION DATE:
July 28, 2011
These conditions of approval apply to Conditional Use Permit # 09-004 to install and operate a
40'0" tall SCADA (Supervisory Control And Data Acquisition) antenna located at 32600 Via
Cerro Rebal approximately 1100 feet east of Avenida Placidia and 1200 south west of Via Cerro
Rebal, more specifically referred to as (APN 666-012-07) Any proposed change of use or
expansion of the area or modifications to the site plan or structures shall be submitted to the
City Planning 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:
Conditional Use Permit # 09-004 to install and operate a 40'0" tall SCADA
(Supervisory Control And Data Acquisition) antenna located at 32600 Via
Cerro Rebal approximately 1100 feet east of Avenida Placidia and 1200
south west of Via Cerro Rebal, more specifically referred to as (APN 666-
012-07). This approval is granted based on the application materials
submitted by Glenn Garrett, representative for the City of San Juan
Capistrano 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 Planning 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 July 28, 2009 (24)
months after the effective 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 Planning Department, along with the required fee, at least
Planning Commission Resolution 09-07-28-01 Final Conditions of Approval
CUP 09-004 SCADA Antenna July 28, 2009
Page 2 of 4
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 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.
Planning Commission Resolution 09-07-28-01 Final Conditions of Approval
CUP 09-004 SCADA Antenna July 28, 2009
Page 3 of 4
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 approved facility shall be exclusively limited to the City of San Juan
Capistrano, no private collocation shall be permitted. Any expansion of the
proposed facility shall be required to be reviewed and approved by the
Community Development Director or their designee at their discretion who
may referre to the Planning Commission for review and approval.
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 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)
14. 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)
Planning Commission Resolution 09-07-28-01 Final Conditions of Approval
CUP 09-004 SCADA Antenna July 28, 2009
Page 4 of 4
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.
15. 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 isnot permitted. (ENG)
16. 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:
17. 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 Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: July 28, 2009
Resolution No
09-07-28-01
Effective Date: August 12, 2009