HomeMy WebLinkAbout99-047 CC ResolutionRESOLUTION NO. 99-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA98-
0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING
THE PLANNING COMMISSION'S DECISION TO APPROVE
PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL
USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL
COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING
OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL
POSlTIONING SYSTEM (GPS) ANTENNA, AND SIX (6)
CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS)
UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT.
THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH
MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE
("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA
WATER DISTRICT WATER TANK SITE AT 3100 RANCHO
CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL
NO. 953-060-022.
WHEREAS, Cox Communications PCS, L.P. filed Planning Application No. PA98-0219,
in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA98-0219 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Director considered Planning Application No. PA98-0219 on
November 12, 1998, at a duly noticed public headng as prescribed by law, at which time the
City staff and interested persons had an opportunity to, and did testify either in support or
opposition to this matter;
WHEREAS, the Planning Commission considered Planning Application No. PA98-0219
on December 16, 1998 and January 6, 1999, at a duly noticed public hearing as prescribed by
law, at which time the City staff and interested persons had an opportunity to, and did testify
either in support or opposition to this matter;
WHEREAS, at the conclusion of the Commission headngs and after due consideration
of the testimony, the Commission approved Planning Application No. PA98-0219;
WHEREAS, the City Council conducted public hearings pertaining to Planning
Application No. PA98-0219 (Conditional Use Permit- Appeal) on February 9, 1999, April 13,
1999, May 25, 1999 and June 8, 1999, at which time interested persons had opportunity to, and
did testify either in support or opposition to Planning Application No. PA98-0219;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Reports regarding Planning Application No. PA98-0219;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Resos 99-47 I ,
Section 1. Findings. That City Council, in denying Planning Application No. PA98-
0219 (Conditional Use Permit- Appeal)and upholding the Planning Commission's decision
approving Planning Application No. PA98-0219 (Conditional Use Permit) hereby makes the
following findings as required by Section 17.05.010. F of the Temecula Municipal Code;
A. The proposed conditional use is consistent with the General Plan and the
Development Code. The PCS facility qualifies as a public utility, which is a use permitted by
Conditional Use Permit in the Public Institutional zone. The General Plan encourages the
clustering of public and institutional facilities to the extent possible in both residential or non-
residential land use designations. The existing Pacific Bell installation and water tanks at the
site provide such an area.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use will
not adversely affect the adjacent uses, buildings or structures. The project is compatible with
the existing public facilities already at the site. The design of the facilities have been modified to
be compatible with adjacent residential uses. There is no demonstrated evidence that wireless
communication systems adversely affect adjacent residences.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development features prescribed in the Development Code and required by the
Planning Commission or Council in order to integrate the use with other uses in the
neighborhood. The applicant has revised the design of the monopole to simulate a pine tree
and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of
the site, to assist in the disguise of the "monopine."
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. The concern regarding electromagnetic fields (EMFs)
surfaced in the 1980's and as a result, several organizations reviewed the issue and developed
standards for the protection against radio frequency emissions. Study and after study
concluded that there was no demonstrated evidence that exposure to wireless service facilities
was harmful to people. As part of the 1996 Wireless Communications Act, the Federal
Communications Commission (FCC) established an exposure standard that is a hybrid of
various standards developed by others. The FCC controls frequencies used by various entities
and regulates the certification of their facilities. The 1996 Act expressly preempts state and
local government regulation of the placement, construction, and modifications of wireless
service facilities on the basis of environmental effects. The City Attorney has recommended
that the project be conditioned to provide annual evidence of recertification by the FCC, in order
to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9
has been included to require this.
E. The decision to approve, conditionally approve, or deny the application for a
conditional use permit is based on substantial evidence in view of the record as a whole before
the City Council.
Section 2. Fnvironmental Compliance. The project qualifies under the California
Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing
Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible
expansion of use beyond that previously existing, in order to provide telecommunications
service.
Resos 99-47 2
Section 3. Conditions. That the City of Temecula City Council hereby conditionally
approves Planning Application No. PA98-0219 (Conditional Use Permit) to construct a wireless
Personal Communications System (PCS) facility consisting of twelve (12) panel antennas, one
(1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a Base Transceiver
Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted
atop a 60-foot high monopole, disguised as an evergreen pine tree ("monopine") located at the
Rancho California Water District water tank site at 3100 Rancho California Road, and known as
Assessor's Parcel No. 953-060-022, and subject to the project specific conditions set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
Section 4. The City Clerk shall certify the adoption of this Resolution.
Section 5. PASSED, APPROVED, AND ADOPTED, by the Ci uncil of the City of
Temecula this 8th day of June, 1999.
,
, Mayor
ATTEST:
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA)
I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that
Resolution No. 99-47 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote:
AYES:
4 COUNCILMEMBERS:
Comerchero, Lindemans, Roberts, Ford
NOES: 1
COUNCILMEMBERS: Stone
ABSTAIN: 0 COUNCILMEMBERS: None
Resos 99-47 3
san ~/Jones CMC
Cit;; Clerk
Resolution No. 99-47
E:~'hibit A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Revised by City Council
May 25, 1999
Planning Application No. PA98-0219 (Conditional Use Permit)
Project Description: A Conditional Use Permit to construct and operate an unmanned
telecommunications PCS facility, at the Rancho California
Water District tank site, 3100 Rancho California Road,
consisting of:
Three (3) four-antenna arrays mounted onto a new 60-foot high monopole disguised
to look like an evergreen tree ("monotree")
A ground-mounted Base Transceiver Station (BTS) within equipment cabinets
behind a six-foot high chain link fence with barbed wires above and with vinyl slat
inserts (color to match existing water tanks)
3. An 18-inch high GPS antenna mounted to the BTS power cabinet.
Assessor's Parcel No,
Approval Date:
Expiration Date:
953-060-022
May 25, 1999
May 25, 2001
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project'
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount. of Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of Exemption
required under Public Resources Code Section 21108(b) and California Code of
Regulations Section 15075. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition,
Fish and Game Code Section 711.4(c).
General Requirements
2. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own
selection, the City shall be deemed for purposes of this condition, to include any agency or
instrumentality thereof, or any of its elected or appointed officials, officers, employees,
consultants, contractors, legal Counsel, and agents from any and all claims, actions,
awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek
monetary damages resulting, directly or indirectly;, from any action in furtherance of and the
approval of the City, or any agency or instrumentality thereof, advisory agency, appeal
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14.
The applicant shall submit to the Planning Manager a copy of the annual recerti~cation
document issued by the Federal Communications Commission (FCC) that ensures
compliance of the project with its standards and regulations.
15.
The applicant shall periodically refurbish or paint as necessary to maintain the color and
texture of the monopine as originally approved by the Commission.
DEPARTMENT OF BUILDING AND SAFETY
16.
17.
Comply with applicable provisions of the 1994, edition of the California Building, Plumbing
and Mechanical Codes; 1993 National Electrical Code; California'Administrative Code, Title
24 Energy and Disabled Access Regulations and the Temecula Municipal Code.
Submit at time of plan review complete exterior site lighting plans for any new fixtures in
compliance with Ordinance No. 655 for the regulation of light pollution.
18.
Obtain all building plan and permit approvals prior to commencement of any construction
work.
19. The Occupancy classification of the proposed buildings shall be U.
20.
Provide house electrical meter provisions for power for the operation of extedor lighting, fire
alarm systems.
21.
Provide appropriate stamp of a registered professional with odginal signature on plans
submitted for plan review.
22. Provide electrical plan including load calcs and panel schedule for plan review.
OTHER AGENCIES
23.
The applicant shall comply with the requirements of the Rancho California Water District,
as noted in their correspondence dated June 9, 1998 attached.
24.
The applicant shall comply with the requirements of the Riverside County Flood Control and
Water Conservation District, as noted in their correspondence dated June 19, 1998
attached.
25.
The applicant shall comply with the requirements of the Riverside County Department of
Environmental Health, as noted in their correspondence dated June 2, 1998 attached.
By placing my signature below, I confirm that I have read, I understand and I accept all the above
mentioned Conditions of Approval. I further understand that the property shall be maintained in
conformance with these Conditions of Approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicanrs Signature
Date
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