HomeMy WebLinkAbout02_052 PC ResolutionPC RESOLUTION NO. 2002-052
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. 02-0147, A CONDITIONAL USE PERMIT/DEVELOPMENT
PLAN TO DESIGN AND CONSTRUCT A SIXTY-FIVE FOOT
HIGH UNMANNED WIRELESS COMMUNICATION FACILITY
DESIGNED AS A MONOPINE, AND THE INSTALLATION OF
FOUR EQUIPMENT CABINETS MOUNTED ON A SIXTY-SIX
SQUARE FOOT PAD LOCATED AT 44501 RAINBOW CANYON
ROAD AND KNOWN AS ASSESSORS PARCEL NO. 922-220-
004
WHEREAS, Todd Smith, representing Delta Groups Engineering, filed Planning
Application No. 02-0147, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. 02-0147 was processed including, but not limited
to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. 02-0147 on November 6,2002, 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 in opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application No. 02-0147 subject to the
conditions after finding that the project proposed in Planning Application No. 02-0147 conformed
to the City of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. The Planning Commission, in approving Planning Application
No. 02-0147 (Conditional Use Permit/Development Plan) hereby makes the following findings
as required by Section 17.04.010.E and Section 17.05.010.F of the Temecula Municipal Code:
Conditional Use Permit (17.04.010E)
1. The proposed conditional use is consistent with the General Plan and the
development code.
Staff has reviewed the proposal and finds that the proposed conditional use permit is
consistent with the City of Temecula General Plan and the applicable sections of the
Development Code. The project as proposed meets the general requirements as
outlined in the Telecommunications Facility and Antenna Ordinance. The antenna is
located outside of all yard and street setbacks. The monopine as proposed has been
designed to blend in with the surrounding environment. The location of the support
facility has been such that it will not be visible from the public right of way.
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2. 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.
As proposed the telecommunication facility is designed as monopine with the antennas
mounted within the foliage of the tree. The proposed monopine is sixty-five feet high
and has been designed to blend with the natural setting. This design and height is
consistent with the existing built and natural environment and will not adversely affect
the adjacent buildings.
3. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer area, 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.
Planning staff has reviewed the requirements of the performance standards delineated
in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the
Development Code. As a result, staff has determined that the proposed conditional use
meets the zoning requirements for project located within the Public Park and Recreation
zoning district.
4. The nature of the proposed conditional use is not detrimental to the health,
safety, and welfare of the community.
Provisions are made in the General Plan and the Development Code to ensure that the
public health, safety, and welfare are safeguarded. The project as designed is
inaccessible and will not be create any concerns for the overall welfare of the
community.
5. The decision to conditionally approve the conditional use permit is based on
substantial evidence in view of the record as a whole before the Planning Commission or City
Council.
The project has been completely reviewed, as a whole, in reference to all applicable
codes and ordinances before the Planning Commission.
Development Plan (17.05.010F)
6. The proposed use is in conformance with the general plan for Temecula and with
all applicable requirements of state law and other ordinances of the city.
The design of the proposed improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat. There are no fish, wild life, or habitat on the project site, and the project will not
affect any fish, wildlife, or habitat off-site. The site is surrounded by development and is
an in-fill site. The project will not individually or cumulatively have an adverse effect on
wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
7. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
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The proposal is consistent with the land use designation and policies reflected for Open
Space Recreational (OS) development in the City of Temecula General Plan, as well as
the development standards outlined the City of Temecula Development Code. The site
is therefore properly planned and zoned and found to be physically suitable for the type
and density of the proposed sixty-five foot high unmanned wireless telecommunication
facility designed as a monopine.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 02-0147 was made per the California Environmental Quality Act Guidelines
Section 15332 (In-Fill Development Projects, Class 32). This project is an in-fill development
and meets the following criteria:
· The proposed project is consistent the General Plan policies, as well as the
Telecommunications Facility and Antenna Ordinance.
· The site has been previously developed and has no value as habitat for endangered, rare,
or threatened species.
· The approval of the project will not result in any adverse effects related to traffic, noise, air
quality or water quality.
· The site is currently served by all required utilities and public services.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. 02-0147 (Conditional Use Permit/Development
Plan) to design, construct and operate a sixty-five foot high-unmanned wireless
telecommunication facility designed as a monopine and the installation of four equipment
cabinets mounted on a sixty six square foot pad located at 44501 Rainbow Canyon Road.
Section5. PASSED, APPROVED AND ADOPTED
Planning Commission this 6th day of November 2002.
ATTEST:
by the City of Temecula
Chiniaeff, Chairper~n
Debbie Ubnoske, Secret' wa~
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2002-052 was duly and regularly adopted by the Planning commission
of the City of Temecula at a regular meeting thereof held on the 6Ih day of November, 2002, by
the following vote:
AYES:
3 PLANNING COMMISSIONERS: Olhasso, Telesio and Chiniaeff
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Guerriero
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~bbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
PA02-0147 CONDITIONAL USE PERMIT/DEVELOPMENT PLAN
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: 02-0147 (Conditional Use Permit/Development Plan)
Project Description:
A Conditional Use Permit/Development Plan to design,
construct and operate a sixty-five foot high-unmanned
wireless telecommunication facility designed as a
monopine and the installation of four equipment
cabinets mounted on a sixty six square foot pad
located at 44501 Rainbow Canyon Road
DIF Category: Exempt
Assessor's Parcel No: 922-220-004
Approval Date:
November 6, 2002
Expiration Date:
November 6, 2004
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of sixty-four Dollars ($64.00) for the County administrative fee, to enable the City
to file the Notice of Exemption as provided under Public Resources Code Section
21108(b) and California Code of Regulations Section 15062. If within said forty-eight
(48) hour period the applicant has not delivered to the Community Development
Department - Planning Division 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
The permittee/applicant shall indemnify, protect and hold harmless, the City and any
agency or instrumentality thereof, and/or any of its officers, employees, and agents from
any and all claims, actions, or proceedings against the City, or any agency or
instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside,
void, annul, or seek monetary damages resulting from an approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning Application
which action is brought within the appropriate statute of limitations period and Public
Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the
way of limitations Section 21152 and 21167). The City shall promptly notify the
permittee/applicant of any claim, action, or proceeding brought forth within this time
period. The City shall estimate the cost of the defense of the action and applicant shall
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deposit said amount with the City. City may require additional deposits to cover
anticipated costs. City shall refund, without interest, any unused portions of the deposit
once the litigation is finally concluded. Should the City fail to either promptly notify or
cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any
of its officers, employees, or agents. Should the applicant fail to timely post the required
deposit, the Director may terminate the land use approval without further notice to the
applicant.
All conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The development of the premises shall substantially conform to the approved Exhibits D
(Site Plan), and E (Elevations), contained on file with the Community Development
Department - Planning Division.
The Planning Director may administratively approve any future co-located antenna
panels, in conformance with this application.
Prior to the Issuance of Grading Permits
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
10.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Community Development Department - Planning Division staff, and
return one signed set to the Community Development Department - Planning Division for
their files.
Prior to the Issuance of Building Permits
11. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
12.
A maintenance/facility removal agreement, or enforceable provisions in a signed lease
the will assure the intent of the Telecommunication Facility and Antenna Ordinance will
be complied with, shall be signed by the applicant shall be submitted to the Planning
Director. The agreement shall be in accordance with section 17.40.210 of the ordinance
and comply with all provisions set forth in this section.
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Prior to Final Occupancy
13.
The applicant shall be required to schedule an inspection to insure that the monopine
and antennas were installed in accordance with the approved plans.
BUILDING AND SAFETY DEPARTMENT
14.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and
the Temecula Municipal Code.
15.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All streetlights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way.
16.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
17.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
18. Obtain street addressing for all proposed buildings prior to submittal for plan review.
19.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1, 1998)
20.
Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems.
21.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
22.
Provide, if applicable, electrical plan including Icad calculations and panel schedule,
plumbing schematic and mechanical plan for plan review.
23.
Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
24. Provide precise grading plan for plan check submittal to check for handicap accessibility.
25.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
26.
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
27. Show all building setbacks.
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28.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any
site within one-quarter mile of an occupied residence.
Monday-Friday: 6:30 a.m. - 6:30 p.m.
Saturday: 7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
FIRE DEPARTMENT
29.
Final fire and life safety conditions will be addressed when the Fire Prevention Bureau
reviews building plans. These conditions will be based on occupancy; use, the California
Building Code (CBC), California Fire Code (CFC), and related codes, which are in force
at the time of building, plan submittal.
30.
Fire Department vehicle access roads shall maintain an unobstructed width of not less
than twenty-four (24) feet and an unobstructed vertical clearance of not less than
thirteen (13) feet six (6) inches. (CFC 902.2.2.1)
31.
Prior to building construction, dead end roadways and streets in excess of one hundred
and fifty (150) feet, which have not been completed, shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
32.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
33.
During building construction, all locations where structures are to be built or altered shall
maintain approved temporary Fire Department vehicle access roads for use until
permanent roads are installed. Temporary Fire Department access roads shall be an all
weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2)
34.
During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS
will be maintained in working order and up to their original design and performance
specifications.
35.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
36.
Provide a 2A: 10BC fire extinguisher inside each building or temporary structure on the
site.
37.
The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
38.
The applicant shall submit for review and approval by the Riverside County Department
of Environmental Health and City Fire Department an update to the Hazardous Material
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Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
TEMECULA COMMUNITY SERVICES DISTRICT
39.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
OUTSIDE AGENCIES
40.
The applicant shall comply with the attached letter dated April 11, 2002 from the Rancho
California Water District.
By placing my signature below, I confirm that I have read, understand, and accept all the above
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.
Applicant Printed Name
Applicant Signature
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Delta Groups Engineering, Inc.
Park Plaza Suite 1400, Irvine, CA 92614 Tel.: (949) 622-0333 Fax: (949) 622-0331
September 17, 2002
Rick Rush
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 02589-9033
Re: PA 02-147, AT&T Wireless at 44501 Rainbow Cyn Rd.
Dear Rick,
In response to our conversations and your letter received on September 9,2002, I am providing
some background information regarding the site selection process relating to our proposed
project referenced above.
Upon issuance of the search area outlined by AT&T Wireless, our site acquisition team began
searching for "viable candidates" or locations that meet the overall objectives of wireless site
development. It should be noted that the objectives are as follows:
· Lease Term viability: Finding a site that a reasonable lease agreement can be formed.
· Land Use compatibility: Finding a location that meets the standards of the city as
outlined in zoning ordinances and policies, as well as the site of lowest impact on the
community.
· Construction viability: Finding a site that can be built in a feasible, low impact way.
· Radio Frequency Network needs: Finding a site that will provide the necessary signal
pmpagation for the network.
The site first identified was located at 30025 Old Town Front Street. This is an existing tower
that would meet the aforementioned criteria very well. The problem here was two fold. First,
We had extreme difficulty getting in contact with the owner, Regency Properties. They seemed
to be out of business or in hiding. Second, there seemed to be compliance issues at that site that
created significant obstacles for future development.
Next we found the location that is currently under review. This site met the aforementioned
criteria very well also. The relative obscurity of the location in a gully beside the fi'eeway on the
outskirts of a golf course is ideal. When we are able to find such a secluded location that meets
the needs of the all aspects of development we stop looking. Hence, no other sites are noted.
It should be noted that aside from the excellent location, we incorporated other elements into the
design. At staff's request we reduced the number of antennae fi.om 12 to 6 thereby reducing the
size of the array. We also designed it as a pine tree to better hide it from view. This works well
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as there are trees in the background that provide a blending effect. The only place the tower
can be seen is from the freeway and at that point people are not looking offthe road and are
traveling generally at 70mph.
It is my hope that you will see the good faith effort to locate in an optimum location and
minimize the impact to the greatest extent possible in this case.
Sincerely,
Todd M. Smith
Delta Groups Engineering, Inc.
Representing, AT&T Wireless
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