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PC Resolution-09-09-22-01PC RESOLUTION NO. 09-09-22-1 CONDITIONAL USE PERMIT (CUP) 08-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND 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'-317), WHICH CONSISTS OF 6 (SIX) PANEL ANTENNAS FULLY ENCLOSED WITHIN THE POLE, AN EQUIPMENT SHELTER AND A STORAGE SHED (APPLICANT: AT&T MOBILITY, TIM MILLER). WHEREAS, AT&T Mobility, Tim Miller 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, which will also provide field lighting. The light pole - monopole will replace an existing light pole. Also proposed is the construction of 1 (one) 11'-6" x 20'-0" antenna equipment shelter on a concrete pad and 1 (one) storage shed that measures11'-6" x 20'-0". 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 September 22, 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. WHEREAS, On September 21, 2009 the Parks, Recreation and Equestrian Commission conducted a duly noticed public meeting pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE 1T 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 right-of-ways or open space areas;" and, PC Resolution 09-09-22-1 2 September 22, 2009 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 be painted to match the parks concession stand. 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 (See Attachment 1, PC Resolution). 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 project is located within the "CP" zone. To the north of the site there are green houses. To the west of the site is the City's Community Center and Kinoshita School. To the east is agricultural land and to the south are residential properties. 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 concession stand and will include new landscape screening along the south edge that will match the perimeter hedge. Therefore, the project is situated in a parcel that has adequate setbacks and is in compliance with this finding; 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. Furthertheproposed 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. PC Resolution 09-09-22-1 3 September 22 2009 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, Wednesday, October 7, 2009. This project approval shall be valid for a period of one (1) year from the date of approval of this resolution, and shall expire on September 22, 2010 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 22nd day of September, 2009, by the following vote: AYES: Commissioners Kerr, Tatarian, Mocalis, Williams, Vice- Chair Ratcliffe and Chairman Cohen. NOES: None ABSTAIN: None ABSENT: Commissioner Neely !f5�=<- v Sheldon Cohen, Chairman Grant Taylor, laristaint Community Development Director SADepartments\Community DevelopmenADepartment\Projects\CUP PROJECTS 2000ACUP0807-AT&T Wireless Community Center\CUP 0807 PC reso 22SeptMdoc RESOLUTION #: 09-09-22-1 Exhibit A CONDITIONS OF APPROVAL Project #: CUP 08-007 Project Name: AT&T - Community Center Wireless Project APPROVAL DATE: September 22, 2009 EFFECTIVE DATE: October 7, 2009 EXPIRATION DATE: September 22, 2011 These conditions of approval apply to Conditional Use Permit # 08-007 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 located at the City's Sports Park, which will also provide field lighting. The light pole -monopole will replace an existing light pole. Also proposed is the construction of 1 (one) 11'-6" x 20'-0" antenna equipment shelter on a concrete pad and 1 (one) storage shed that measures11'-6" x 20'-0". General Conditions: 1. Conditional Use Permit # 08-007 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. The light pole -monopole will replace an existing light pole. Also proposed is the construction of 1 (one) 11'-6" x 20'-0" antenna equipment shelter on a concrete pad and 1 (one) storage shed that measures11'-6" x 20'-0". This approval is granted based on the application materials submitted by Tim Miller on August 26, 2009, prepared by Primus Design Group 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 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 Community Development 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 September 22, 2010 one (1) year 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 Planning 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. Planning Commission Resolution 09-09-22-1 CUP 08-007, AT&T Wireless Final Conditions of Approval September 22, 2009 Page 2 of 5 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 Planning Commission Resolution 09-09-22-1 Final Conditions of Approval CUP 08-007, AT&T Wireless September 22, 2009 Page 3 of 5 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) The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 10. 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) 11. Buildinq 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 Community Development Director (as applicable). (PLN) 12. 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. 13. 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) 14. 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. Planning Commission Resolution 09-09-22-9 CUP 08-007, AT&T Wireless Final Conditions of Approval September 22, 2009 Page 4 of 5 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: 15. 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) 16. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Department, 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) 17. Lessees or Other Users. AT&T Mobility 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 AT&T Mobility. (PLN) 18. 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 Planning Commission Resolution 09-09..22-1 Final Condifrons of Approval CUP 06-007, AT&T wireless September 22, 2009 4 Page 5 of 5 OCFA = Orange County Fire Authority Date of Approval: September 22, 2009 Resolution No.: 09.09-22.1 Effective Date: October 7, 2009 Applicant Acceptance of Conditions of Approval: j By: 10 f' ( Signature Date Name/Tide