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
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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