PC Resolution-08-09-23-01PC RESOLUTION NO. 08-09-23-01
CONDITIONAL USE PERMIT 07-007
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. A FREE
STANDING ANCILLARY STRUCTURE ON THE COAST BIBLE
PROPERTY AT 26300 VIA ESCOLAR (ASSESSORS PARCEL NUMBER
650-011-25) (TOM FLYNN, ROYAL STREET COMMUNICATIONS).
WHEREAS, Coast Bible, owner of real property described as Assessor's Parcel
Number 650-011-25 located at 26300 Via Escolar, San Juan Capistrano; and,
WHEREAS, Thomas Flynn a representative of Royal Street Communications,
proposes to install a total of six (6) wireless antennae located within a freestanding
ancillary structure to be located on an existing church site. The ancillary structure will
measure a maximum of thirty-five feet in height. The applicant proposes to lease
approximately 220 sq. ft. of area on site for housing the wireless electronic and battery
back up 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 to
Section 15303 of the California Environmental Quality Act (CEQA) and issued a .Class 3
Categorical Exemption;
WHEREAS, On September 23, 2008 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
indings:
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 08-09-23-01 2 September 23, 2008
The proposed project locates all proposed antennae within the proposed ancillary
structure. The existing landscaping onsite reduces the visual impact associated with
the proposed tree. All conduit and utility cabinets will be stored within an antenna
equipment shelter. Therefore, the 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 does specifically allow 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 "P&I" zone district. In addition all the
supplemental district standards are either met or exceeded. Therefore the project is
consistent with the P&I Zone District; and,
3. The proposed project is compatible with the General Plan Land Use Map. To the
north of the site there are existing cell antennae. To the west of the site are
commercial structures and the 1-5 freeway. To the east'and south are residential
structures. The proposed site is more than three hundred feet (300'-0") away from
residential properties and is ostensibly screened. The proposed use will not be
visible because the antennae will be located within the faux tree and the equipment
enclosure area will be designed to aesthetically match the existing buildings walls
and will include landscape screening along the perimeter of the enclosure.
Therefore, the project is compatible with adjoining uses; and,
4. The project will comply with all Municipal Code requirements because the antenna
cell panels will be located within a 35'-0 ancillary structure and will not be visible
from adjacent properties. Furthermore, the project is consistent with Section 9-3.507
Antennas, because the project is consistent with the following design standards:
Section 9-3.507 (3)(A) which states that, "All antennas, excluding amateur
radio antennas, including guy wires, supporting structures, and
accessory equipment, shall be located and designed to minimize their
visual impact as viewed from surrounding properties and public
streets;" and,
Section 9-3.507 (3)(A)(i) which states that, "All antennas and supporting
structures or components shall be of non -reflective, glare -reducing
materials. Colors and materials for antennas and their components
shall be chosen to minimize visibility and to match or blend with the
primary background; and,
Section 9-3.507 (3)(A)(ii) which states that, "All telecommunications
PC Resolution 08-09-23-01 3 September 23, 2008
antennas and facilities, including cellular, pcs, and other wireless.
communications antennas, shall be designed to blend with the
surrounding environment and to be as unobtrusive as possible.
Screening shall be provided in the form of fencing, landscaping,
structures, or parapets integral to the building".
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, October 8, 2008. 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 23, 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 23rd day of September, 2008, by
the following vote:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, and Commissioners
Neely and Cardoza
NOES:
ABSTAIN:
ABSENT: Commissioner Kerr
efE� ®�—
Sheldon Cohen, Chairman
Grant Taylor, s6irant Planning Director
RESOLUTION #: 08-09-23-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 07-07
Project Name: Coast Bible, Royal Street Communications
APPROVAL DATE: September 23, 2008
EFFECTIVE DATE: October 8, 2008
EXPIRATION DATE: September 23, 2009
These conditions of approval apply to Conditional Use Permit # 07-07 to construct an
unmanned wireless antennae located within a faux tree to be located on an existing
Church site located at 26300 Via Escolar (Assessor Parcel Number: 650-011-25). 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 # 07-07 is granted to construct an unmanned
wireless antennae located within an ancillary structure to be located on an
existing Church site located at 26300 Via Escolar (APN:) (Assessor Parcel
Number: 650-011-25). This approval is granted based on the application
materials submitted by Thomas Flynn, agent for Royal Street
Communications, on July 16, 2008, prepared by JRA 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
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 September 23, 2009 one (1) year
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 ninety (90) days prior to
Planning Commission Resolution 08-06-10-01 Final Conditions of Approval
CUP 07-07, Coast Bible September 23, 2008
Page 2 of 5
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 08-06-10-01 Final Conditions of Approval
CUP 07-07, Coast Bible September 23, 2008
Page 3 of 5
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)
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. 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)
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)
13. Paint Color. Prior to the issuance of building permits the applicant shall
revise the plans to alter the proposed paint color from the lighter building
color to the darker secondary color of the building.
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.
14. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
Planning Commission Resolution 08-06-10-01 Final Conditions of Approval
CUP 07-07, Coast Bible September 23, 2008
Page 4 of 5
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
15. 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:
16. 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)
17. 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 Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
18. Lessees or Other Users. Royal Street Wireless 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 Royal Street Wireless. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Planning Commission Resolution. 08-06-10-01 Final Conditions of Approval
CUP 07-07, Coast Bible September 23, 2008
Page 5 of 5
Date of Approval: September 23, 2008
Resolution No.:, 08-06-10-01
Effective Date: October 8, 2008
Applicant Acceptance of Conditions of Approval:
I By: Z
Signature Date
Angela Starliper
Assistant Manager of
Network Development
Name/Title