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HomeMy WebLinkAbout04_013 DH Resolution DH RESOLUTION NO. 2004-013 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04- 0031, A MINOR CONDITIONAL USE PERMIT/DEVELOPMENT PLAN FOR THE CO-LOCATION OF ADDITIONAL ANTENNAS ON AN EXISTING MONO-PINE AND A NEW 12'-0" by 20'-0" EQUIPMENT AREA WITH EQUIPMENT CABINETS AT 29775 SANTIAGO ROAD, ALSO KNOWN AS ASSESSORS PARCEL NO. 910-281-003 WHEREAS, Steve Olson, representing Sprint PCS, filed Planning Application No. PA04- 0031, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA04-0031 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA04-0031 on June 24,2004, 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 Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA04-0031 subject to the conditions after finding that the project proposed in Planning Application No. PA04-0031 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING 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. Findinas. The Planning Director, in approving Planning Application No. PA04-0031 (Minor Conditional Use Permit/Development Plan) hereby makes the following findings as required by Section 17.04.01 O.E and 17.05.010F of the Temecula Municipal Code: Conditional Use Permit A. The proposed conditional use is consistent with the General Plan and the development code. The project has been reviewed for consistency with these documents and the Director of Planning has determined that the project, as conditioned, is consistent with the goals and policies contained within the general plan and the development code. 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. R:\M C U P\2004104-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc 1 The proposed co-located antennas and equipment area expansion will be compatible with the nature, condition and development of the Rancho Baptist Church project. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buller 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. The proposed minor conditional use permit for the co-location of additional antennas on an approved mono-pine located on an existing church site will not substantially impact the site since it is a co-location on an approved mono-pine and because the equipment enclosure will be located next to the existing Nextel equipment enclosure. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. The project is consistent with the goals and policies contained within the General Plan and Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the health, safety, and general welfare of the community. Compliance with these documents assures that this end result is achieved. E. 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. This application has been brought before the Director of Planning at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Director renders her/his decision. Development Plan F. 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 proposed site development, which includes the co-location of antennas on an existing mono-pine and the expansion to the existing equipment enclosure, is in conformance with the City's General Plan, the Development Code, and the Rancho Highlands Specific Plan. G. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The development plan for this site is consistent with the applicable sections of the Development Code (Chapter 17.40 Antenna Ordinance). Provisions have been made to minimize the visual impact of the project, and all phases of construction will be inspected to ensure compliance with the applicable building and fire codes. Section 3. Environmental Compliance. A Notice of Exemption pursuant to Section 15301 (Existing Facilities) Class 1 of the California Environmental Quality Act, a minor alteration of an existing structure and negligible expansion of use. R:\M C U P\2004104-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc 2 Section 4. Conditions. That the City of Temecula Director of Planning hereby conditionally approves Planning Application No. PA04-0031 (Minor Conditional Use Permit/Development Plan) for the co-location of additional antennas on an existing mono-pine and a new 12'-0" by 20'-0" equipment area with equipment cabinets at 29775 Santiago Road with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City ofTemecula Director of Planning this 24th day of June 2004. I Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resoiution No. 2004-013 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 24th day of June, 2004. ~ ~~~~...:. ~ Ka~y ~~~s;¿eía;- ./ R:IM C U P\2004104-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc 3 EXHIBIT A CONDITIONS OF APPROVAL RIM C U P\2004104-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA04-0031 Project Description: A Minor Conditional Use Permit and Development Plan application for a co-location of wireless antennas on an existing mono-pine, a new Sprint PCS 12'-0" x 20'-0" equipment area to substantially match the existing Nextel equipment shelter and a new masonry wall with wrought iron fence extension to match the existing Nextel project. Project Location: Located at 29775 Santiago Road, approximately 250 feet east of Interstate 15, 620 feet south of center line of Santiago Road and 1,320 feet west of the Ynez Road and Santiago Road intersection. Project Name: Rancho Baptist Co-Location Assessor's Parcel No: 922-130-017 Approval Date: June 24, 2004 Expiration Date: June 24, 2006 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department 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 211 08(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 2. The permittee/applicant shall indemnify, protect and hold harmiess, 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 R:\M C U P\2004\O4-0031 Rancho Baptist Co-LocationlFlNAL RESO & COAs.doc 5 (Section 21000 etseq., 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 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, oranyof 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. 3. The development of the premises shall substantially conform to the approved Exhibits B (Topographic Survey and Existing Site Plan), Exhibit C (Proposed Site Plan), Exhibit D (Equipment Area Plan and Antenna Configuration), Exhibit E (West Elevations), and Exhibit F (North Elevations) contained on file with the Planning Department. The equipment area proposed for this cellular site shall be constructed to substantially match the materials and colors of the existing equipment enclosure. 4. 5. The color of the antennas shall match the color of the foliage of the mono-pine. 6. All conditions shall be complied with prior to any occupancy or use allowed by this Minor Conditional Use Permit! Development Plan. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 8. Within two (2) years of development plan approval, commencement of construction shall have occurred or the approval shall become null and void. Prior to the Issuance of Building Permits 9. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 10. A maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director prior to the approval of the building permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility. The agreement shall be in accordance with section 17.40.210 of the ordinance and comply with all provisions set forth in this section. BUILDING AND SAFETY DEPARTMENT 11. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 12. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building R:\M C U P\2004\O4-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc 6 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 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 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. 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. Obtain all building plans and permit approvals prior to commencement of any construction work. Obtain street addressing for all proposed buildings prior to submittal for plan review. All buildings and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. (As applicable) Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. (As applicable) A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. Show all building setbacks. 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. 94-21, 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 R:\M C U P\2004104-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc 7 TEMECULA COMMUNITY SERVICES DEPARTMENT General Conditions 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. Prior to Building Permit 26. 27. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris FIRE DEPARTMENT General Requirements 28. 29. 30. 31. 32. 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. 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) During 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 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. Provide a 2A:1 OBC fire extinguisher inside each building or temporary structure on the site. Special Conditions 33. 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) 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's Signature Date Applicant's Printed Name R:\M C U P\2004\O4-0031 Rancho Baptist Co-LocationlFINAL RESO & COAs.doc B