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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