PC Resolution-07-12-11-05PC RESOLUTION NO. 07-12-11-05
CONDITIONAL USE PERMIT 07-10
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
PROPOSED CUPPOLA STRUCTURE ON AN EXISTING BUILDING IN
THE PLAZA DEL RIO SHOPPING CENTER LOCATED AT 32341 CAMINO
CAPISTRANO (APN:) (ASSESSORS PARCEL NUMBER 668-091-06) (T -
MOBILE, AMIT PATEL, ASPEN ASSOCIATES).
WHEREAS, Donahue Schriber Realty, L.P is owner of real property described as
Assessor's Parcel Number 668-091-06 located at 32341 Camino Capistrano, San Juan
Capistrano; and,
WHEREAS, T -MOBILE, Amit Patel, Aspen and Associates, proposes to install a
total of twelve (12) wireless antennae located within a proposed cuppola structure to be
located on an existing building in the Plaza Del Rio Shopping Center. The tower will
measure a maximum of 10'-0" high by 17'-6" wide. The applicant proposes to lease
approximately 235 sq. ft. of area in the center of two existing buildings 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 December 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 07-12-11-05 2 December 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 cupola that
has a height of 10'-0" and an overall building height of 42'-0". The proposed
antennas will be completely screened within the proposed cupola structure. All
conduit and utility cabinets will be stored within an antenna equipment shelter
located in between the two existing commercial buildings. Therefore, the project is
consistent with the General Plan; and,
2. The proposed project is located within the General Commercial (GC) zone district.
The GC 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 "GC" zone district.
The proposed height of the antenna however does exceed the height allowed in the
proposed district by seven (7'-0") feet. Early in the processing of this application,
staff solicited an interpretation from the City Attorney on the application of height
with regards to cellular antenna. The response provided at that time discussed that
section 9-3.507 was very clear on the height regulation for other types of antenna,
however was specifically omitted in the section pertaining to wireless
communication facilities. Staff's initial position that since the supplemental code
section was silent than the application of the base district height regulation would
apply was not supported since the City Attorney was unable to substantiate this
position from evidence found within the Municipal Code. Further staff was directed
to not require a variance as the proposed action did not deviate any specific
regulation. The City Attorney was clear that this did not alleviate the applicant from
obtaining a Conditional Use Permit and approval was contingent satisfying the
necessary findings; 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 "GC" district, which contains existing buildings with
a height of 35'-0". The proposed use will not be visible because the antennae will
be located within the cupola'and the equipment enclosure area will be designed to
aesthetically match the existing buildings and will include landscape screening along
the perimeter of the enclosure. Therefore, the project is compatible with adjoining
uses; and,
PC Resolution 07-12-11-05 3 December 11 2007
4. The project will comply with all Municipal Code requirements because the antenna
cell panels will be located within a 10'-0" cupola structure and will not be visible from
the Plaza Del Rio 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 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, December, 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 December 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.
PC Resolution 07-12-11-05 4 December 11 2007
PASSED, APPROVED AND ADOPTED this 11th day of December, 2007, by
the following vote:
AYES: Chairman Cardoza, Commissioners Cohen, Kerr, and Neely
NOES:
ABSTAIN:
ABSENT: Commissioner Ratcliffe
Robert CW60za, Chairman
Grant Taylor, Assi nt Planning Director
RESOLUTION #: 07-12-11-05
Exhibit A
CONDITIONS OF APPROVAL
Project #: CUP 07-10
Project Name: T -Mobile,
Plaza Del Rio Shopping Center
APPROVAL DATE:
December 11, 2007
EFFECTIVE DATE:
December 26, 2007
EXPIRATION DATE:
December 11, 2008
These conditions of approval apply to Conditional Use Permit # 07-10 to construct an
unmanned wireless antennae located within a proposed cupola structure to be located
on an existing building in the Plaza Del Rio Shopping Center located at 32341 Camino
Capistrano in the Plaza Del Rio Shopping Center, on the western commercial buildings
and located immediately adjacent to the SCRRA tracks. (APN: 668-091-06). 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 # 07-10 is granted to construct an unmanned
wireless antennae located within a proposed cupola structure to be
located on an existing building of the Plaza Del Rio Shopping Center
located at 32341 Camino Capistrano in the Plaza Del Rio Shopping
Center, on the western commercial buildings and located immediately
adjacent to the SCRRA tracks. (APN: 668-091-06). This approval is
granted based on the application materials submitted by Amit Patel (Aspen
Associates), agent for T -Mobile, on December 4, 2007, prepared by CDG
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 December 11, 2008 (12)
months after the effective date of the approval unless the use or
Planning Commission Resolution 07-12-11-05 Final Conditions of Approval
CUP 07-10, T -Mobile December 11, 2007
Page 2 of 5
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
subsequent phase, the conditions and/or plans as stipulated i -n the later
approval shall prevail.
Planning Commission Resolution 07-12-11-05 Final Conditions of Approval
CUP 07-10, T -Mobile December 11, 2007
Page 3 of 5
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. Revised Cupola Plans. Prior to the issuance of Building Permits the
applicant shall submit revised plans for the cupola for review and approval
by the Design Review Committee. Prior to the issuance of a Certificate of
Occupancy the revised cupola plans shall be approved by the Design
Review Committee.
Planning Commission Resolution 07-12-11-05 Final Conditions of Approval
CUP 07-10, T -Mobile December 11, 2007
Page 4 of 5
14. Revised Landscape Plans. Prior to the issuance of Building Permits the
applicant shall submit revised landscape plans for review and approval by
the Design Review Committee. Prior to the issuance of a Certificate of
Occupancy the revised landscape plans shall be approved by the Design
Review Committee.
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
6:00 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. 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)
18. Tower Building Color. The tower walls and roof trims shall be painted to
match the existing shopping center building stucco color. The tower shall
be re -painted to match any future color changes that take place on the
Plaza Del Rio Shopping Center. (PLN)
Planning Commission Resolution 07-12-11-05 Final Conditions of Approval
CUP 07-10, T -Mobile December 11, 2007
Page 5 of 5
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
balance in the Developer Deposit Account assigned to this application.
(PLN)
20. Lessees or Other Users. T -Mobile 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 T -Mobile Communications. (PLN)
Responsible Agencies: B&S
ENG =
PLN =
PW =
OCFA =
Date of Approval: December 11, 2007
Resolution No.
Effective Date:
07-12-11-04
December 26, 2007
Building and Safety
Engineering Department
Planning Department
Public Works Department.'
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
Amit Patel
(Agent for T -Mobile Communications)
OlbfOS
Date