PC Resolution-07-01-23-01PC RESOLUTION NO. 07-01-23-01
CONDITIONAL USE PERMIT 06-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING AN UNMANNED WIRELESS
COMMUNICATION FACILITY WITHIN AN APPROVED BUILDING
LOCATED AT 33633 CAMINO CAPISTRANO. (ASSESSORS PARCEL
NUMBER 121-254-41 & 121-240-19) (ROYAL STREET
COMMUNICATIONS).
WHEREAS, Weseloh Family Limited Partnership is owner of real property
described as Assessor's Parcel Numbers 121-254-41 & 121-240-19 located at 33633
Camino Capistrano, San Juan Capistrano; and,
WHEREAS, Royal Street Communications, proposes to install a total of six (6)
wireless antennae located within an approved building. The wireless antennae will measure
a maximum of 57" high by 10.5" wide and a depth of 5". The applicant proposes to lease
approximately 605 sq. ft. of area inside the existing building located on the second floor to
install a housing location for 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 1530.3 of the California Environmental Quality Act (CEQA) and issued a Class 3 (e)
Categorical Exemption;
WHEREAS, On January 23, 2007 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:
1.. The proposed project is consistent with the General Plan, specifically the City of
San Juan Capistrano Design Guidelines because the project is integrated, within
the overall building and will not be visible from the exterior; and,
2. The proposed design which incorporates the placement of panel antennae within an
approved building and effectively screens all antennae and equipment from public
view; and,
3. The proposed project is consistent with the Commercial Manufacturing (CM) zone
district because the project is subject to a Conditional Use Permit (CUP), which
PC Resolution 07-01-23-01 2 January 23, 2007
provides the City with legal authority to impose conditions to mitigate any adverse
impacts related to Cellular antennas; and,
4. The proposed project is compatible with existing and surrounding landuses because
the site is situated within an area that provides substantial setbacks from adjoining
properties and adjoining uses; and,
5. The proposed project complies with all applicable provisions of the Land Use Code
subject to the conditions of approval as set forth in Exhibit A attached to this
resolution.
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, February
7th, 2007. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on February 8, 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 January, 2007, by
the following vote, to wit:
AYES: Commissioners Drey, Ratcliffe, Neely, and Chairman Cardoza
NOES:
ABSTAIN: Vice Chairman Commissioner Cohen
ABSENT:
William Cunningham, Interim PlLfhning Director
P:\PlanningWrchive\CUP PROJECTS 2000ACup0609Wese1ohHummer\CUP 06-09 PCreso.doc
RESOLUTION #: 07-01-23-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 06-09 Project Name: Royal Street Communications
APPROVAL DATE: January 23, 2007
EFFECTIVE DATE: February 7, 2007
EXPIRATION DATE: January 23, 2009
These conditions of approval apply to Conditional Use Permit # 06-09 to construct an
unmanned wireless communication facility within an approved building located at an
existing Hummer dealership located at 33633 Camino Capistrano, generally located 180
feet north of Stonehill Drive and 100 feet west of Camino Capistrano. 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:
1. Conditional Use Permit # 06-09 is granted to construct an unmanned
wireless communication facility within an approved building located at an
existing Hummer dealership located at 33633 Camino Capistrano,
generally located 180 feet north of Stonehill Drive and 100 feet west of
Camino Capistrano (121-254-41 & 121-240-19) This approval is granted
based on the application materials submitted by Thomas G. Flynn, agent
for Royal Street Communications, on November 16, 2006, prepared by
Trussnet including site plan, elevations, floor plans, and site photos.
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 (15t") day
after the date of the Planning Commission's approval and shall expire
February 8, 2009 (24) months 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
Planning Commission Resolution 07-01-23-01 Final Conditions of Approval
CUP 06-09 January 23, 2007
Page 2 of 5
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 pertinentrequirements 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 07-01-23-01 Final Conditions of Approval
CUP 06-09 January 23, 2007
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)
10. Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way,
emergency access including the spine access road, traffic/parking study,
and the on-site driveway and loading zone emergency access areas of the
proposed project shall be reviewed and approved by the Orange County
Fire Authority (OCFA).
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
11. 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)
12. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. 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)
13. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
14. Hazardous Materials. Prior to the issuance of a building permit, the
applicant shall submit to the Fire Chief a list of all hazardous, flammable
and combustible liquids, solids or gases to be stored, used or handled on
Planning Commission Resolution 07-01-23-01 Final Conditions of Approval
CUP 06-09 January 23, 2007
Page 4 of 5
site. These materials shall be classified according to the Uniform Fire
Code and a document submitted to the Fire Chief with a summary sheet
listing the totals for storage and use for each hazard class. Please contact
the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of
the "Guidelines for Completing Chemical Classification Packets." (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. .
15. 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)
16. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30:00 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:
17. Easement Agreement. The -applicant shall submit a copy of the proposed
non exclusive lease agreement for the twelve (12) foot wide access area.
18. 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)
19. 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
Planning Commission Resolution 07-01-23-01
CUP 06-09
Final Conditions of Approval
January 23, 2007
Page 5 of 5
balance in the Developer Deposit Account assigned to this application.
(PLN)
20. 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 to comply.
21. The applicant shall ensure that all associated coaxial cables, cable runs,
and BTS equipment cabinets are located in a manner that conceals them
from all visual perspectives, and that the exterior located condenser units
are finished in a color consistent with the approved roof top equipment
color, subject to final field verification by the Planning Director or
designated staff member. F.
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: January 23, 2007
Resolution No.: 07-01-23-01
Effective Date: February 8, 2007
Applicant Acceptance of Conditions of Approval:
By:
Tom Fly Agent for Ro I Street Communications)
C)A-k-A
Date