HomeMy WebLinkAbout02_056 PC ResolutionPC RESOLUTION NO. 2002-056
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA02-0112 A CONDITIONAL USE PERMIT AND DEVELOPMENT
PLAN TO DESIGN, CONSTRUCT AND OPERATE A SEVENTY-
FOOT TALL UNMANNED NEXTEL WIRELESS COMMUNICATION
MONOPINE ANTENNA AND COMMUNICATIONS EQUIPMENT
SHELTER LOCATED AT THE RANCHO CALIFORNIA WATER
DISTRICT'S NORMA MARSHA RESERVOIR SITE LOCATED AT
41520 MARGARITA ROAD AND KNOWN AS ASSESSORS
PARCEL NO. 954-020-005 and 954-020-011.
WHEREAS, Barbara Saito, representing Nextel Wireless, filed Planning Application No. 02-
0112, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 02-0112 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. 02-0112 on November 20, 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. 02-0112 subject to the conditions
after finding that the project proposed in Planning Application No. 02-0112 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.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. The Planning Commission, in approving Planning Application No.
02-0112 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 (TELECOMMUNICATIONS MONOPOLE OPERATION)
A. 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. General Plan Growth Management/Public Facilities Element Goal no. 9 and Policy no. 9.1
state, "the City should coordinate with the responsible companies the provision of adequate
electrical, natural gas, and telecommunication systems to meet the demand of new and existing
development and to serve residents and businesses."
B. The proposed wireless facility conditional use permit, as reviewed by staff, is
compatible with the nature, condition, and development of the adjacent uses, buildings, and
structures and will not adversely affect the adjacent uses, buildings, or structures. Because o1 the
nature of the development on the proposed property and the camouflaging design techniques
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applied to the proposed monopine structure and equipment shelter, staff believes that the
conditional use is compatible with the site and surrounding development. The proposed
telecommunications facilities cannot create an additional adverse affect on adjacent uses, buildings,
or structures than what the current water district property's development may have created with its
existing facilities.
C. Planning staff has reviewed the requirements of the pertormance standards
delineated in the Telecommunications Facility and 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 the (PI) Public Institutional district.
D. Provisions are made in the General Plan, the Development Code, and Building and
Fire Safety Codes to ensure that the public health, safety, and welfare are safeguarded. The
project is consistent with these documents and will be conditioned to meet all applicable
requirements. In addition, wireless telecommunication facilities and antennas are not known to emit
any hazardous substances nor emit amounts of non-ionizing electromagnetic radiation above
permitted levels.
E. The project has been completely reviewed, as a whole, in reference to all applicable
codes and ordinances before the Planning Commission.
DEVELOPMENT PLAN (TELECOMMUNICATIONS MONOPOLE AND EQUIPMENT SHELTER
ARCHITECTURE DESIGN REVIEW)
A. The proposed wireless telecommunications tower and equipment shelter design is in
full conformance with the City's General Plan, Development Code, and Telecommunications Facility
and Antenna Ordinance goals and policies, as well as with all applicable requirements for state law.
General Plan Growth Management/Public Facilities Element Goal no. 9 and Policy no. 9.1 state, "the
City should coordinate with the responsible companies the provision of adequate electrical, natural
gas, and telecommunication systems to meet the demand of new and existing development and to
serve residents and businesses." Section 17.40.010 (B) of the Telecommunications Facility and
Antenna Ordinance states that one of the primary goals of the ordinance is to "protect the visual
character of the City from the potential adverse effects of telecommunication facilities and antennas
by maintaining architectural and structural integrity and preventing unsightly facilities from being
developed." General Plan Growth Management/Public Facilities Element Goal no. 9 and Policy no.
9.1 state, "the City should coordinate with the responsible companies the provision of adequate
electrical, natural gas, and telecommunication systems to meet the demand of new and existing
development and to serve residents and businesses."
B. Provisions are made in the General Plan, Development Code, and
Telecommunications Facility and Antenna Ordinance, as well as the conditions and safety measures
required by the City to ensure that the public health, safety, and welfare are safeguarded with the
construction and operation of the proposed wireless telecommunication tower and equipment
shelter. The facilities are designed reduce and eliminate any potentially negative visual impacts from
surrounding properties, as well as comply with the Uniform Building Code, National Electric Code,
and Uniform Fire Code.
Section 3. Environmental Determination. Staff has reviewed the project for compliance
with the California Environmental Quality Act. Based on staff's review, the proposed project is
eligible to a CEQA exemption (Class 32- In Fill Projects) pursuant to Section 15332 of the CEQA
Guidelines based on the following reasons:
· The site is less than 5 gross acres.
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The proposed project is consistent the General Plan and all of the General Plan policies.
The project is consistent with the Development Code and 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. 02-0112 (Conditional Use Permit; Development
Plan) request for a conditional use permit and development plan to design, construct, and operate
an unmanned Nextel Wireless telecommunication monopole facility located east of Margarita Road,
south of Rancho California Road and north of Rancho Vista Road and known as Assessor's Parcel
No. 954-020-005-011, subject to the project specific conditions set forth in Exhibit A, attached
hereto, and incorporated herein by this reference.
Section 5.
Commission this 20th day of November 2002.
ATTEST:
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
'Chiniaeff, Cha~rperson ~
Debbie Ubnoske, Secretary
[SEAL]
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. 2002-056 was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 20 day of November, 2002, by the
following vote:
AYES: 4
NOES: 0
ABSENT: 1
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Telesio and
Chairman Chiniaeff
None
Olhasso
Debbie Ubnoske, Secretary
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA02-0112 (Conditional Use Permit; Development Plan)
Project Description:
To design, construct and operate an unmanned 70-foot
tall Nextel Wireless telecommunication monopine
antenna structure and a 200-square foot
telecommunications equipment shelter located at the
Rancho California Water District reservoir site at 41520
Margarita Road.
DIF Category: Exempt
Assessor's Parcel No: 954-020-005 and 011
Approval Date:
November 20, 2002
Expiration Date:
November 20, 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 Resoumes 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 ali
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 Resoumes 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 deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
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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 applicant shall provide to the Planning Department for review and approval, a revised
materials sample board that provides a more accurate representation of the higher quality
pine needles and branches to be used on the monopine structure. The colors and materials
for the project shall substantially conform to those noted on the Revised Exhibit "G"
(Materials Sample Board), contained on file with the Community Development Department-
Planning Division.
The development of the premises shall substantially conform to the approved Exhibits "D"
(Site Plan A-1 ), Exhibit "E" (Enlarged Area Plan A-2), Exhibit "F" (Exterior Elevations), and
Revised Exhibit "G" (Material Sample Board), contained on file with the Community
Development Department - Planning Division.
Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
Prior to the Issuance of Building Permits
10.
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.
11.
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.
12.
The applicant shall submit two (2) 8" X 10" glossy photographic color prints of approved
Revised Exhibit "G" (Materials Sample Board) to the Community Development Department
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for their files. All labels on the Color and Materials Board and Elevations shall be readable
on the photographic prints.
13. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
14.
A maintenance/facility removal agreement, or enfomeable 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.
15.
Construction plans shall indicate in print that the monopole structure is designed and
engineered for future co-location purposes.
Prior to Final Inspection
16.
All previously existing landscape planting, including trees and shrubs, and irrigation shall be
restored consistent with the previously approved construction plans and shall be in a
condition acceptable to the irrigation system shall be properly constructed and in good
working order.
17.
The applicant shall be required to schedule an inspection to insure that the monopine and
antennas were installed in accordance with the approved plans.
18.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
PUBLIC WORKS DEPARTMENT
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all existing
and proposed property lines, easements, traveled ways, improvement constraints and drainage
courses, and their omission may require the project to be resubmitted for further review and revision.
General Requirements
19.
if required, a Grading Permit for either rough and/or precise grading, including all on-site flat
work and improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
Prior to Issuance of a Building Permit
20.
If required a Grading Plan shall be prepared by a registered Civil Engineer and shall be
reviewed and approved by the Department of Public Works. The grading plan shall include
all necessary erosion control measures needed to adequately protect adjacent public and
private property.
21.
If required a Soil Report shall be prepared by a registered Soil or Civil Engineer and
submitted to the Director of the Department of Public Works with the initial grading plan
check. The report shall address all soils conditions of the site, and provide recommendations
for the construction of engineered structures and pavement sections.
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BUILDING AND SAFETY DEPARTMENT
22.
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.
23.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 855 for the regulation of light pollution. All street lights 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.
24.
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.
25.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
26. Obtain street addressing for all proposed buildings prior to submittal for plan review.
27.
Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
28.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
29.
Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
30.
Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
31.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
32. Show all building setbacks.
33.
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
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FIRE DEPARTMENT
34.
Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. 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.
35.
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)
36.
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)
37.
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)
38.
Ail 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)
39. Provide a 2A:10BC fire extinguisher inside each building/enclosure on the site.
Special Conditions
40.
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)
41.
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
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)
COMMUNITY SERVlCES DEPARTMENT
General Condition
42.
The developer shall contact the City's franchise solid waste hauler CR&R for disposal of
construction debris. Only the City's franchisee may haul construction debris.
Prior to Issuance of Building Permit
43.
Prior to issuance of building permits, the developer shall provide TCSD verification of
arrangements made with the City's franchise solid waste hauler CR&R for disposal of
construction debris.
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OTHER AGENCIES
44.
The applicant shall comply with the recommendations set forth in the letter from Rancho
California Water District dated November 7, 2002.
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
Date
Applicant Signature
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11/07/02
15:03 FA][ 909 296 6866
Sr. V~o
FINANCE DIVISION
BY' FACSIMILE TRANSMITTAl
(~909) 694,6477
November 7, 2002
CITY OF TEMECULA
Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
ATrN:
SUBJECT:
Michael McCoy, Project Planner
PLANNING APPUCATION NO. PA02-0112; N
COMMUNICATIONS TOWER ON MARGARITA ROADEXTEL
Dear Mr. McCoy:
'In accordance with the City of Temecula Development Review Committee's
request in connection with the above subject application, please be advised
that the property in question is located wilhin the boundaries of the Rancho
California Water District (RCWD).
Currently, RCWD has entered into a lease agreement with the applicant,
Nextel Communications for the purpose of Installing cellular communications
equipment at our reservoir and pump station site. RCWD's conditions for a
lease agreement WOuld require lhat the Lessee meet the following
requirements:
The equipment be placed so as not to interfere with the current or
future use of this site, including RCWD's future plans to install radio
transmission equipment for the SCADA System (frequencies must be
compatible). RCWD's O,~ra§o..~ ,-,_ .~ .
fTe..ue~__ ,_, ~ .~ ,~ ,-~parm~ent requests that a
,~ .uy m[errerence study De performed at the expense of Spdnt
PCS/Cox Communications to redly compatibil~ of transmitting
frequencies.
A separate power meter be obtained at the site from Southern
Califomia Edison (SEE).
A separate Telce connection be Obtained at the site from Vedzon.
All necessary City permitting processes be obtained pdor to
construction.
Any California Environmental Quality Control Act (CEQA)
requirements be addressed and complied with.
~001
11/07/02
__ TBU 15:03 FA][ 909 296 6866 FINANCE DIVISION
Michael McCoy
November 7, 2002
Page 2
* Compliance to FCC regulations including new licensee filing of an environmental
assessment by September 1, 2000 if the equipment has not been evaluated as in
compliance with FCC electromagnetic radiation guidelines for safe exposure
· Adjacent property owners be notified of the proposed facilities ani:l operations in
accordance with the City of Ternecula's ordinance for public hearing and
· Prior to constru~on, RCWD to review and approve the final site specifications and
facility locations, notification.
Upon successful completion of the aforementioned requirements, and others, construction
of Nextel Communications facilifies will be allowed by RCWD.
If you have any questions regarding this matter, or if you need further clarification of the
items listed, please contact me.
Sincerely yours,
WATER DISTRICT
Enclosure
~002
U~D~N~WO~DPROC'~002DOCuI~NTS ~373 j(G