Loading...
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