HomeMy WebLinkAbout05_010 DH Resolution
DH RESOLUTION NO. 2005-010
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0600, A MINOR CONDITIONAL USE PERMIT FOR THE
INSTALLATION OF A WIRELESS TELECOMMUNICATION
FACILITY, CONSISTING OF SIX CELLULAR ANTENNAS EACH
LOCATED INSIDE A TWO-FOOT DIAMETER CYLINDER ON
THE EXISTING BUILDING LOCATED AT 40940 COUNTY
CENTER DRIVE AND KNOWN AS ASSESSORS PARCEL NO.
910-100-087.
WHEREAS, MMI Titan, Inc., representing Cingular (formerly AT&T) Wireless, filed
Planning Application No. PA04-0600, in a manner in accord with the City of Temecula General
Plan and Development Code;
WHEREAS, Planning Application No. PA04-0600 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. PA04-0600 on August 25, 2005, 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. PA04-0600 subject to the
conditions after finding that the project proposed in Planning Application No. PA04-0600
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. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. The Director of Planning, in approving Planning Application
No. PA04-0600 (Minor Conditional Use Permit) hereby makes the following findings as required
by Section 17.04.01 O.E and 17.05.01 OF of the Temecula Municipal Code:
A. The General Plan states that compatibility between adjacent land uses are
essential to achieve a safe, efficient and well-organized community. The proposed Minor
Conditional Use Permit is compatible with the surrounding land uses. The proposed use
requires a minimal amount of servicing, which will create very little traffic. The proposed use is
consistent and meets all the requirements stated in the Telecommunications Facility and
Antenna Ordinance.
B. The proposed project was designed to be compatible with the architecture for the
existing building as well as the architecture for the surrounding buildings. The cylinders being
used to camouflage the antennas are consistent with typical architectural elements found on a
warehouse building. The proposed cylinders will be painted to match the existing building.
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C. The proposed cellular antennas will be building mounted and the equipment
shelter will be located within the interior portion of the existing building. This proposal is not
requesting to change the overall site design of the property. The use will not require any
additional parking, landscaping, or loading facilities. This type of use integrates well with the
existing warehouse use being conducted currently on the site.
D. The location of the antennas on a privately owned building makes them
inaccessible to the general public. An inaccessible antenna promotes the health, safety, and
welfare of the community. The proposed project has also been conditioned to comply with all
applicable Building and Fire Codes.
E. This application has been brought before the Planning Director at a Public
Hearing where members of the public have had an opportunity to be heard on this matter before
the Planning Director renders a decision.
F. The proposed use an unmanned building mounted telecommunications facility is
permitted in the Business Park zoning district with a Minor Conditional Use Permit. The
applicant as a part of this application is requesting a Minor Conditional Use Permit as well a
Development Plan. The proposed use is in conformance with the requirements in both the
General Plan and Development Plan. The proposed use conforms to the surrounding uses in
the area.
G. The overall design of the project has taken into account the existing buildings
architecture as well as the architecture for the surrounding properties. The project has also
been designed to protect the public's health, safety and general welfare. The project has been
conditioned to comply with all applicable Building and Fire Codes.
Section 3. Environmental Compliance. A Notice of Exemption for Planning
Application No. PA04-0600 was prepared per the California Environmental Quality Act
Guidelines Section 15301 (Class 1, Existing Facilities).
Section 4. Conditions. That the City of Temecula Director of Planning hereby
conditionally approves Planning Application No. PA04-0600 (Minor Conditional Use Permit) a
request for a conditional use permit to design, construct, and operate a wireless
telecommunication facility, consisting of six cellular antennas located within the interior of two-
foot diameter cylinders on an existing building located at 40940 County Center Drive and known
as Assessors Parcel No. 910-110-087.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of anning this 5th day of August 2005.
I Planner
I Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 2005-010 was duly and regularly adopted by the Director of Planning of the
City of Temecula at a regular meeting thereof held on the 25th day of August, 20
"
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA04-0600
Project Description: A request for a Minor Conditional Use Permit to
design, construct, and operate a wireless
telecommunication facility, consisting of six cellular
antennas each located inside a two-foot diameter
cylinder on the roof an existing building at 40940
County Center Drive.
DIF Category: N/A
TUMF Category: N/A
MSHCP Category: N/A
Assessor's Parcel No: 910-110-087
Approval Date: August 25, 2005
Expiration Date: August 25, 2007
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 21108(b) and California Code of Regulations
Section 15062. If within said forty-eight (48) hour period the applicant 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).
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GENERAL REQUIREMENTS
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Planning Department
2. 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
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.
3. All conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
4. This Minor Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
5. The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
6. 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.
7. The development of the premises shall substantially conform to the approved plans
contained on file with the Planning Department.
8. The colors and materials for the project shall substantially conform to the colors and
materials on the existing building located at 40940 County Center Drive.
9. The applicant shall ensure that the proposed "antenna stealthing boxes" (i.e., antenna
screens) maintain their appearance as approved by the Planning Department to the
satisfaction of the Planning Director. Upon written request of the Planning Director, any
repair, maintenance or rehabilitation shall be promptly undertaken and completed by the
applicant.
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10. 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.
11. The developer shall comply with the Public Art Ordinance if applicable. (Bold text
added at the August 25, 2005 Director's Hearing).
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PRIOR TO THE ISSUANCE OF GRADING PERMITS
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Planning Department
12. The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Planning Department
13. 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.
Building and Safety
14. 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.
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 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. If applicable.
16. Obtain all building plans and permit approvals prior to commencement of any
construction work.
17. All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1,1998)
18. Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
19. Provide revised electrical plan including load calculations and panel schedule for plan
review. If applicable.
20. 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 Sundays or Government Holidays.
Community Services
21. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
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Fire Department
22. 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.
23. 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)
24. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
25. 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.
26. 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)
27. Provide a 2A:10BC fire extinguisher inside each building, enclosure or temporary
structure on the site.
Special Conditions
28. 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)
29. 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)
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
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