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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 P:\PlanningVArchive\CUP PROJECTS 1970-1999\Cup9607Mod#1-Sprint&Nextel\cup9607mod#1-PC-res-06-11-14-x.doc