PC Resolution-08-09-23-02PC RESOLUTION NO. 08-09-23-02
CONDITIONAL USE PERMIT 06-008
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 AN
EIGHTEEN FOOT (18'-0") TALL FAUX CHIMNEY TO HOUSE 6 (SIX)
PANEL ANTENNAS FULLY ENCLOSED WITHIN THE FAUX CHIMNEY
AND FOUR (4) EXTERIOR EQUIPMENT CABINETS (TWO RADIO
CABINETS AND TWO BATTERY CABINETS) INSTALLED AT GRADE
BEHIND A NEW EIGHT FOOT (8'-0") TALL CMU BLOCK WALL
ENCLOSURE ADJACENT TO THE BUILDING (JOHN KOOS, ROYAL
STREET COMMUNICATIONS).
WHEREAS, B & M Associates, owner of real property described as Assessors
Parcel Number 650-162-15 located at 30250 Rancho Viejo, San Juan Capistrano; and,
WHEREAS, John Koos a representative of Royal Street Communications, proposes
to install an unmanned wireless telecommunications facility to be located with an eighteen
foot (18'-0") tall faux chimney to house 6 (six) panel antennas fully enclosed within the faux
chimney and four (4) exterior equipment cabinets (two radio cabinets and two battery
cabinets) installed at grade behind a new eight foot (8'-0") tall CMU block wall enclosure
adjacent to the building; 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 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:
PC Resolution 08-09-23-02 2 September 23, 2008
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,
The proposed wireless facility locates all antenna within an eighteen (18'-0") foot tall
faux chimney. The proposed faux chimney has been effectively designed to mimic
the existing functional chimneys found within the office park. The proposed structure
does not appear added on and effectively disguises the antennae so they are not
discernable. Because the proposed facility has been designed to meet the Design
Guidelines it is found to be consistent with the General Plan; and,
2. The proposed project is located within the Office Commercial (OC) Zone District,
which list wireless facilities uses as conditionally permitted uses. The OC 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 "OC" zone district. In addition, all the
supplemental district standards are either met or exceeded. Therefore the project is
consistent with the "OC" 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 is the 1-5
freeway. To the east and south are commercial 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 faux chimney 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 an eighteen foot (18'-0") faux chimney and will not
be visible from adjacent properties. Furthermore, the project is consistent with
Section 9-3.507 Antennas, because the project has been designed to meet 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,
PC Resolution 08-09-23-02 3 . September 23 2008
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
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".
Because the project satisfies the applicable provisions of Title 9, Land Use Code
it is found to satisfy this finding.
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, Commissioners Cardoza
and Neely
NOES:
ABSTAIN:
ABSENT: Commissioner Kerr
Sheldon Cohen, Chairman
Grant Taylor, Ass ant Planning Director
RESOLUTION #: 08-09-23-02
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 06-08
Project Name: Capistrano Business Park, 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 # 06-08 to construct an
unmanned wireless antennae located within a eighteen foot (18'-0") tall faux chimney to
house 6 (six) panel antennas fully enclosed within the faux chimney and four (4) exterior
equipment cabinets (two radio cabinets and two, battery cabinets) installed at grade
behind a new eight foot (8'-0") tall CMU block wall enclosure adjacent to the building.
The project is located at 30250 Rancho Viejo generally located 750 feet north of
Junipero Serra Rd. and directly east of Rancho Viejo. (APN 650-162-15). 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 # 06-08 to construct an unmanned wireless
antennae located within a eighteen foot (18'-0") tall faux chimney to house
6 (six) panel antennas fully enclosed within the faux chimney and four (4)
exterior equipment cabinets (two radio cabinets and two battery cabinets)
installed at grade behind a new eight foot (8'-0") tall CMU block wall
enclosure adjacent to the building. The project is located at 30250 Rancho
Viejo generally located 750 feet north of Junipero Serra Rd. and directly
east of Rancho Viejo. (APN 650-162-15). This approval is granted based
on the application materials submitted by John Koos, agent for Royal
Street Communications, on September 2, 2008, prepared by MSA
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
Planning Commission Resolution 08-09-23-02 Final Conditions of Approval
CUP 06-08 Capistrano Business Park September 23, 2008
Page 2 of 5
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 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
Planning Commission Resolution 08-09-23-02 Final Conditions of Approval
CUP 06-08 Capistrano Business Park September 23, 2008
Page 3 of 5
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
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. Signs. Prior to the issuance of building permits the applicant shall revise
the elevations to alter the proposed location of the relocated sign. This
Planning Commission Resolution 08-09-23-02 Final Conditions of Approval
CUP 06-08 Capistrano Business Park September 23, 2008
Page 4 of 5
shall be approved by the -Planning Commission as a consent calendar
item.
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
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 Planninq 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
Planning Commission Resolution 08-09-23-02 Final Conditions of Approval
CUP 06-08 Capistrano Business Park September 23, 2008
Page 5 of 5
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
Date of Approval: September 23, 2008
Resolution No.: 08-09-20-02
Effective Date: October 8, 2008
Applicant Acceptance of Conditions of Approval:
By:
Signature Angela Starliper
Assistant Manager of
Network Development
Name/Title
Date