PC Resolution-07-09-11-01PC RESOLUTION NO. 07-09-91-1
CONDITIONAL USE PERMIT 07-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OFA CATEGORICAL
EXEMPTION AND APPROVING AN UNMANNED WIRELESS
TELECOMMUNICATION FACILITY TO BE LOCATED WITHIN A
PROPOSED TOWER STRUCTURE ON THE EXISTING BUILDING "C" OF
THE MARBELLA PLAZA SHOPPING CENTER LOCATED AT 31115
RANCHO VIEJO ROAD (ASSESSORS PARCEL NUMBER 650-592-03)
(ROYAL STREET COMMUNICATIONS).
WHEREAS, Richmont Corporation is owner of real property described as
Assessor's Parcel Number 650-592-03 located at 31115 Rancho Viejo Road, San Juan
Capistrano; and,
WHEREAS, Royal Street Communications, proposes to install a total of six (6)
wireless antennae located within a proposed tower structure to be located on the existing
Building "C" of the Marbella Plaza Shopping Center. The tower will measure a maximum of
9'-0" high by 10'-0" wide. The applicant proposes to lease approximately 216 sq. ft. of area
on the west side of the existing building 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 11, 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 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,
PC Resolution 07-9-11-1 2 September 11 2007
Section 2(c) which states that, "cellular and wireless facilities should be
screened by structures and or landscaping;" and,
Section 3(a) which states that the, "wireless communication antennas should
be integrated within the overall building and/ or landscape design".
The proposed project locates all proposed antennae within a proposed tower
that has a height of 9'-0" and an overall building height of 35'-0". The
proposed antennas will be completely screened within the proposed tower
structure. All conduit and utility cabinets will be stored within an antenna
equipment shelter located on the west side of Building "C". Therefore, the
project is consistent with the General Plan; and,
2. The project is consistent with the purpose and intent of the zone district because the
property is zoned Neighborhood Commercial (NC) under the CDP which is
comparable in nature to the principal and conditional uses specified as permitted in
the City's "NC" Base District which allows Cellular antennas subject to approval of a
Conditional Use Permit; and,
3. The proposed project is compatible with the General Plan Land Use Map. More
importantly, the proposed use is compatible with existing, surrounding land uses
because it is situated within the "NC" district, which contains existing buildings with a
height of 26'-0". The proposed use will not be visible because the antennae will be
located within the tower and the equipment enclosure area will be designed to
aesthetically match Building "C" and will include landscape screening and stucco
walls 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 9'-0" tower structure and will not be visible from
the Marbella Shopping Center or from adjacent properties and 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 antennas
and facilities, including cellular, pcs, and other wireless communications
PC Resolution 07-9-11-1 3 September 11 2007
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, Wednesday, September
26, 2007. This project approval shall be valid for a period of 1 year from the date of
approval of this resolution, and shall expire on September 11, 2008 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 11th day of September, 2007, by
the following vote, to wit:
AYES: Chairman Cardoza, Commissioners Cohen, Ratcliffe and Neely
NOES: None
ABSTAIN: None
ABSENT: None
Robert Cyf oza, fhairman
Grant Taylor, Ass' ant Planning Director
PAPlanning\Projects\CUP PROJECTS 2000-\CUP0706Marbe11aP1aza\CUP 0706 PC reso 11Sept07.doc
RESOLUTION #: 07-9-11-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 07-06
Project Name: Royal Street Communications,
Marbella Plaza Shopping Center
APPROVAL DATE:
September 11, 2007
EFFECTIVE DATE:
September 26, 2007
EXPIRATION DATE:
September 11, 2008
These conditions of approval apply to Conditional Use Permit # 07-06 to construct an
unmanned wireless antennae located within a proposed tower structure to be located on
the existing Building "C" of the Marbella Plaza Shopping Center located at 31115
Rancho Viejo Road, generally located 40 feet west of Rancho Viejo Road and 145 feet
west of Golf Club Drive. 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 # 07-06 is granted to construct an unmanned
wireless antennae located within a proposed tower structure to be located
on the existing Building "C" of the Marbella Plaza Shopping Center located
at 31115 Rancho Viejo Road, generally located 40 feet west of Rancho
Viejo Road and 145 feet west of Golf Club Drive (APN 650-592-03). This
approval is granted based on the application materials submitted by Dan
Vozenilek (Corte]), agent for Royal Street Communications, on May 25,
2007, prepared by PDC 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 11, 2008 (12) 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
Planning Commission Resolution 07-9-11-1 Final Conditions of Approval
CUP 07-06, Royal Street Communications September 11, 2007
Page 2 of 5
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
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 07-9-11-1 Final Conditions of Approval
CUP 07-06, Royal Street Communications September 11, 2007
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. _ 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)
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 07-9-11-1 Final Conditions of Approval
CUP 07-06, Royal Street Communications September 11, 2007
Page 4 of 5
14. _ 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:
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. _ Tower Building Color. The tower walls and roof trims shall be painted to
match the existing shopping center building stucco color. The trim shall
not be painted "Green" or "Teal'. The tower shall be re -painted to match
any future color changes that take place on the Marbella Plaza Shopping
Center. (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 Communications. (PLN)
19. _ Aesthetics. 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
Planning Commission Resolution 07-9-11-1 Final Conditions of Approval
CUP 07-06, Royal Street Communications September 11, 2007
Page 5 of 5
condenser units are finished in a color consistent with the approved root
top equipment color, subject to final field verification by the Planning
Director or designated staff member. (PLN)
20. _ Landscape & Equipment Enclosure. Prior to final inspection, the applicant
shall submit for review and approval by the DRC, a revised landscape
plan and a revised enclosure design that provides a solid stucco wall
along the base of the enclosure platform. (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 11, 2007
Resolution No.: 07-9-11.1
Effective Date: September 26, 2007
Conditions of Approval:
By:
ac) 7 67
Dan Vozenilek, Cortel Date
(Agent for Royal Street Communications)
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