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PC Resolution-05-06-28-01PC RESOLUTION NO. 05-06-28-1 CONDITIONAL USE PERMIT 05-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING AN UNMANNED WIRELESS COMMUNICATION FACILITY WITHIN A FAUX CHIMNEY AT AN EXISTING BUILDING LOCATED AT 30320 RANCHO VIEJO ROAD. CINGULAR WIRELESS). (ASSESSORS PARCEL NUMBER 650-162-18)(1NFRANEXT FOR WHEREAS, Mitchell Land & Improvement Company is owner of real property described as Assessor’s Parcel Number 650-162-1 8 located at 30320 Rancho Viejo Road, San Juan Capistrano; and, WHEREAS, Infranext, agent for Cingular Wireless, proposes to install a faux chimney to house a total of eight (8) wireless antennae, two (2) Cingular GPS antennae, and two (2) air conditioner condensers to be located within an existing parapet equipment area on the second floor roof. The proposed faux chimney will be attached to the northwest section of the existing roof and has a proposed overall height of 35’-3”, a width of 12’-0”, a depth of 3’-0”, and will be constructed to match the aesthetic finish of the existing building. The wireless antennae will measure a maximum of 72” high by 15” wide and a depth of 6.5”. The two (2) Cingular antennae will measure approximately 6” high and have a circumference of 4”. The applicant proposes to lease approximately 234 sq. ft. of area inside the existing building located on the second floor as a housing location for the wireless electronic and battery back up equipment; and W 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 1531 1 of the California Environmental Quality Act (CEQA) and issued a Class 3 (e) categorical exemption and caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, On June 28, 2005 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. PC Resolution 05-06-28-1 2 June 28,2005 of San Juan Capistrano does hereby make the following findings: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City v 1. The proposed project is consistent with the City of San Juan Capistrano Design Guidelines by integrating the overall building and/or landscape with the wireless communication antennae; and; 2. The proposed design which incorporates the placement of panel antennae within the proposed faux chimney, effectively screens all antennae and equipment from public view; and, 3. The proposed project complies with all applicable provisions of the Land Use Code subject to the conditions of approval as set forth in Exhibit A attached to this resolution. 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 Attachment A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (I 5) day appeal period without filing of an appeal application. The appeal period shall expire at 5:OO PM, Wednesday, July 13th, 2005. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on July 13, 2007 unless a time extension request or building permit application related to this discretionary approval is submitted to the City prior to that date. W PASSED, APPROVED AND ADOPTED this 28th day of June, 2005, by the following vote, to wit: AYES: Commissioner Drey, Ratcliffe, Cohen, and Chairman Neely NOES: ABSTAl N : ABSENT: Vice Chairman Cardoza Jb(x+kL+& Molly B@h, Pbnning Director P.\Planning\Archive\CUP PROJECTS\Cup0505CingularWireless\CUP 05-05 PCreso-28JuneO5.doc L RESOLUTION #: 05-06-28-1 Exhibit A CONDITIONS OF APPROVAL Project #: CUP 05-05 APPROVAL DATE: June 28,2005 EFFECTIVE DATE: July 13, 2005 EXPIRATION DATE: July 13, 2007 Project Name: Cingular Wireless These conditions of approval apply to Conditional Use Permit # 05-05 to construct a faux chimney to house eight (8) wireless antennae and two (2) Cingular Wireless GPS antennae on the existing Mitchell Commercial Office Building located at 30320 Rancho Viejo Road, generally located approximately 100 feet east of Rancho Viejo Road and approximatley 400 feet north Junipero Serra Road. 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. L - Conditional Use Permit # 05-05 is granted to construct a faux chimney to house eight (8) wireless antennae and two (2) Cingular Wireless GPS antennae on the existing Mitchell Commercial Office Building located at 30320 Rancho Viejo Road, generally located approximately 100 feet east of Rancho Viejo Road and approximatley 400 feet north Junipero Serra Road (APN 650-162-18) This approval is granted based on the application materials submitted by Infranext, agent for Cingular Wireless, on March 30, 2005, prepared by Connell Design Group including site plan, elevations, floor plans, and site photos. 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 day after the date of the Planning Commission’s approval and shall expire July 13, 2007 (24) 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 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 Planning Commission Resolution 05-06-28- 7 CUP 05-05 v Final Conditions of Approval June 28, 2005 Page 2 of 7 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 req u ire men ts . 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. L 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, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. Planning Commission Resolution 05-06-28- 1 CUP 05-05 June 28, 2005 Final Conditions of Approval L Page 3 of 7 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. (B8S) 10. - Orange County Fire Authority (OCFA) Approval. Prior to grading, street improvement plans, location of fire hydrants in the public right of way, emergency access including the spine access road, traffidparking study, and the on-site driveway and loading zone emergency access areas of the proposed project shall be reviewed and approved by the Orange County Fire Authority (OCFA). The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 11. - 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. (BStS) --’ 12. - Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. 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) 13. - OCFA Review of Architectural Building Plans. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the “Orange County Fire Authority Plan Submittal Criteria Form.” Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA) 14. - Hazardous Materials. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on Planning Commission Resolution 05-06-28-1 CUP 05-05 June 28, 2005 Final Conditions of Approval ‘u Page 4 of 7 site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the “Guidelines for Completing Chemical Classification Packets.” (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. 15. - Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (ENG) a. Erosion Control Plan b. Haul Route Plan c. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas.(PLN) 16. - 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) 17. - Construction hours. Construction hours shall be limited to 7:OO a.m. to 6.30:OO 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 andlor surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: 18. - Complete all Improvements to the City’s Satisfaction. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility Planning Commission Resolution 05-06-28- 1 CUP 05-05 -\ 1' Final Conditions of Approval June 28, 2005 Page 5 of 7 improvements required and necessary to serve the development in accordance with the approved plan and approved exceptions. (ENG) 19. - Consistencv 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) 20. - 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) 21. - Lessees or Other Users- Cingular 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 Cingular Wireless to comply 22. - 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 condenser units are finished in a color consistent with the approved roof top equipment color, subject to final field verification by the Planning Director or designated staff member. 23. - 24-Hour Phone Number- Cingular Wireless shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing Cingular Wireless facilities in the City of San Juan Capistrano 24. - Public Safetv - Cingular Wireless recognizes that the frequencies used by the cellular facility located at 30320 Rancho Viejo Road are extremely close to the frequencies used by the City of San Juan Capistrano for -~ Planning Commission Resolution 05-06-28- I CUP 05-05 .--’ Final Conditions of Approval June 28, 2005 Page 6 of 7 Public Safety. This proximity will require extraordinary “comprehensive advanced planning and frequency coordination” engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the “Best Management Practice Guide” published by the Association of Public-Safety Communications Officials-International, Inc. (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, Cingular Wireless shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 25. .- 800 MHZ Radio Frequency - At all times, Cingular Wireless shall not prevent City of San Juan Capistrano from having adequate spectrum capacity on the City’s 800 MHZ radio frequency. 26. - Post-Installation Test - Before activating its facility, Cingular Wireless will submit to a post-installation test to confirm that “advanced planning and frequency coordination” of the facility was successful in not interfering with the City of San Juan Capistrano Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of Cingular Wireless This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the “frequency planning” process has been met. Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority - Planning Commission Resolution 05-06-28- I CUP 05-05 \I Date of Approval: June 28,2005 Resolution No.: 05-06-28-1 Effective Date: July 13, 2005 Applicant Acceptance of Conditions of Approval: Final Conditions of Approval June 28, 2005 Page 7 of 7 By: x - Applicant Name Date Its: P \PlanningWrchive\CUP PROJECTS\Cup0505CingularWtreless\SJC City-Standard Conditions of Approval-2005-6 doc L;