PC Resolution-06-11-14-02RESOLUTION NO. 06-11-14-2
CONDITIONAL USE PERMIT 96-07, MOD. #1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A MODIFICATION TO A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR A
"CELLULAR TOWER INSTALLATION" ON AN EXISTING SITE LOCATED
AT 26411 VIA DE ANZA AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 668-291-11 (SPRINT-NEXTEL).
WHEREAS, Royal Street Communications has requested approval to allow
the installation of a six -panel cellular antenna array to an existing 65'-0" tall, Sprint -Nextel
monopole with an existing cellular antenna array located on an exiting 2.63 acre property
situated in the "CM" (Commercial Manufacturing) Zone District and General Plan -
designated 'A.1 -Quasi Industrial" and located at 26411 Via de Anza and generally located
at the northern bend of Via de Anza about 560 feet northwest of Camino Capistrano; and,
WHEREAS, on October 22, 1996, the Planning Commission approved
Conditional Use Permit (CUP) 96-07 to allow the installation and operation of a "cellular
tower installation" facility including a maximum 65'-0" tall monopole antenna; 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 15061 of the California Environmental Quality Act (CEQA) and
determined that the project qualifies for a Class 1 categorical exemption, and will cause the
Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines
which provides that "the notice shall not be filed with OPR or the county clerk until the
project has been approved;" and,
WHEREAS, the Planning Commission conducted duly -noticed public
hearings on October 24 and November 14, 2006 pursuant to Title 9, Land Use Code,
Section 9-2.335, City Council Policy 5, and Planning Department Policy 510 to consider
public testimony on the proposed project and has considered all relevant public comments.
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 General Plan Community Design
Element and the City's Architectural Design Guidelines by integrating the
proposed wireless communication antennas onto an existing antenna in a
location that is situated a substantial distance from existing open space
PC Resolution 06-11-14-2 2 November 14 2006
resources and arterial streets, and will be screened from the Southern California
Regional Rail Authority (SCRRA) railroad line; and,
2. The proposed project complies with all applicable provisions of the Land Use
Code subject to the conditions of approval established by this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning
Commission hereby approves Modification #1 to Conditional Use Permit 96-07, subject to
the conditions of approval established by Planning Commission Resolution 96-10-22-1
incorporated and modified herein:
The cellular antenna arrays shall maintain a non -reflective finish, or shall be painted
a flat grey so as to minimize the visual impact of the proposed antenna array. The
paint color or the finish shall be subject to the review and approval by the Planning
Director or their designee. The antenna array stand-off distance shall not exceed a
maximum of 2'-6" measured from the monopole to the face of the antenna array
along a line perpendicular to the face of the array.
The Planning Director shall review the available cellular antenna technology every
five (5) years to determine whether it provides the ability to substantially reduce the
visual obtrusiveness of the existing antenna array and/or monopole design.
The Planning Director shall prepare and provide a report to the Planning
Commission on or before November 11, 2011 including an assessment of the
available technology and a recommendation as to whether alternative technology
exists which could further reduce the visual impact. Should the Planning
Commission determine that the existing cellular antenna improvements must be
replaced and/or upgraded so as to further reduce visual impacts, the Planning
Director shall schedule the Conditional Use Permit (CUP) application for public
hearing review by the Commission at the next earliest available hearing date which
would allow for public notice in compliance with Title 9, Land Use Code.
The cell site owner/operator has the right to appeal any decision of the Planning
Commission to the City Council for review and final determination.
3. The property owner shall allow the co -location of other cellular service provider
antenna on the monopole and project site subject to mutual agreement over the
terms of such co -location. In order to prevent the monopole owner/operator from
preventing co -location potential by establishing unreasonably restrictive lease terms
(i.e. length of lease, monthly lease cost, etc.), the monopole owner/operator shall
enter into binding arbitration at the request of a potential "co-locater" to resolve any
disputes over potential lease terms for such co -location.
PC Resolution 06-11-14-2 3 November 14 2006
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 p.m. on Wednesday, November,
29, 2006. 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 14, 2007, unless a time
extension request or subsequent permit applications related to this discretionary approval
are submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 14th day of November, 2006:
AYES: Chairman Cardoza and Commissioners Cohen, Drey, Neely, and Ratcliffe.
NOES: None.
ABSTAIN: None.
/'Robert CWdoza, Chairman
�F
Iia ningham, Interim Planning Director
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