PC Resolution-08-11-25-01PC RESOLUTION NO. 08-11-25-01
CONDITIONAL USE PERMIT 06-004
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 FIVE
FOOT FIVE INCH (5'-5") FOOT TALL ANCILLARY STRUCTURE WHICH
CONSISTS OF 6 (SIX) PANEL ANTENNAS FULLY ENCLOSED WITHIN
THE STRUCTURES, INSTALLED ON AN EXISTING TWO STORY
BUILDING WHICH STANDS TWENTY-FOUR (24'-0") FEET FOR A
COMBINED HEIGHT OF TWENTY-NINE FEET EIGHT INCHES (29'-8"),
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 THE RELOCATION OF TWO TRASH
ENCLOSURES. (JOHN KOOS, ROYAL STREET COMMUNICATIONS).
WHEREAS, Jeff Grether, owner of real property described as Assessor's Parcel
Number 666-161-21 located at 27174 Ortega Highway, 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 a five foot
five inch (5-5") foot tall ancillary structure which consists of 6 (six) panel antennas fully
enclosed within the structures, installed on an existing two story building which stands
twenty-four (24'-0") feet for a combined height of twenty nine foot eight inch (29'-8"), 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 the relocation of two trash enclosures.
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 November 25, 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
PC Resolution 08-11-25-01 2 November 25 2008
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,
The proposed wireless facility is to be located on an existing motel building. This
building and the other buildings have several previously approved wireless facilities.
These facilities were developed during the early to mid nineties. These facilities are
largely exposed. This creates an awkward scenario in which to design a facility that.
is appropriate to the site. After several reviews the DRC and staff found the current
proposal to be acceptable. It features a five foot five inch (5'-0'') tall by three foot (3'-
0") wide faux chimney. In addition the ancillary structure will feature a spark
arrestor/cap to the top of structure to provide a more authentic appearance.
Ultimately this structure would have the appearance of a functional chimney and
limits the appearance of an added on looking structure, which has no functional
purpose. Because the ancillary structure has been designed to ostensibly blend with
the character of the existing building and have a functional purpose it is found to be
consistent with the General Plan; and,
2. The proposed project is located within the General Commercial (GC) 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 "GC" zone district. In addition, all the
supplemental district standards are either met or exceeded. Therefore the project is
consistent with the "GC" Zone District; and,
3. The proposed project is compatible with the General Plan Land Use Map. To the
north of the site there are commercial buildings. To the west of the site are
commercial buildings and 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
PC Resolution 08-11-25-01 3 November 25 2008
cell panels will be located within a five foot five inch (5'-5") 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,
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, December 10, 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 November 25, 2009 unless a time extension request or
building permit application related to this discretionary approval is submitted to the City
prior to that date.
PC Resolution 08-11-25-01 4 November 25 2008
PASSED, APPROVED AND ADOPTED this 25th day of November, 2008, by
the following vote:
AYES: Chairman Cohen, Commissioners Cardoza and Ratcliffe
NOES:
ABSTAIN: Commissioners Kerr and Neely.
ABSENT:
Sheldon Cohen, Chairman
Grant TayloEXssistant Community
Development Director
RESOLUTION #: 08-11-25-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 06-04
Project Name: Best Western Inn, Royal Street Communications
APPROVAL DATE:
November 25, 2008
EFFECTIVE DATE:
December 10, 2008
EXPIRATION DATE:
November 25, 2009
These conditions of approval apply to Conditional Use Permit # 06-04 to construct an
unmanned wireless antennae, designed as a five foot five inch (5'-5") foot tall ancillary
structure which consists of 6 (six) panel antennas fully enclosed within the structures,
installed on an existing two story building which stands twenty-four (24'-0") Meet for a
combined height of twenty nine feet eight inch (29'-8"), 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 the
relocation of two trash enclosures.
General Conditions:
Conditional Use Permit # 06-0 to construct an . unmanned wireless
antennae located within a five foot five inch (5'-T) foot tall ancillary structure
which consists of 6 (six) panel antennas fully enclosed _within the structures,
installed on an existing two story building which stands twenty-four (24'-0") feet
for a combined height of twenty nine feet eight inch (29'-8") feet, 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 the relocation of two trash enclosures. This approval is
granted based on the application materials submitted by John Koos, agent
for Royal Street Communications, on November 6, 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
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 November 13, 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
Planning Commission Resolution 08-11-25-01 Final Conditions of Approval.
CUP 06-04, Best Western Inn November 25, 2008
Page 2 of 5
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
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,
Planning Commission Resolution 08-11-25-01
CUP 06-04, Best Western Inn
Final Conditions of Approval
November 25, 2008
Page 3 of 5
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. 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 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)
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)
Planning Commission Resolution 08-11-25-01
CUP 06-04, Best Western Inn
14. Construction hours. Construction
6:00 p.m., Monday through Friday
on Saturday. Construction activity
any Federal holiday.(PLN)
Final Conditions of Approval
November 25, 2008
Page 4 of 5
hours shall be limited to 7:00 a.m. to
and between 8:30 a.m. and 4:30 p.m.
shall not be permitted on Sundays or
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 Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
17. 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 08-11-25-01
CUP 06-04, Best Western Inn
Date of Approval: November 25, 2008
Resolution No.: 08-11-25-01
Effective Date: December 10, 2008
Applicant Acceptance of Conditions of Approval:
By:
Signature
Namefritle
Final Conditions of Approval
!November 25, 2008
Page 5 of 5
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