HomeMy WebLinkAbout05_069 PC Resolution
PC RESOLUTION NO. 05-69
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0157, A CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE A WIRELESS TELE-
COMMUNICATIONS FACILITY CONSISTING OF A 45-FOOT
HIGH MONOPINE WITH TWELVE CELLULAR PANEL
ANTENNAS AND A 230 SQUARE FOOT EQUIPMENT
SHELTER WITHIN A 633 SQUARE FOOT LEASE AREA OF A
3.57 ACRE SITE LOCATED AT 44562 PECHANGA PARKWAY
(A.P.N.961-010-024)
WHEREAS, Claudia Mueller, representing Nextel, filed Planning Application No. PA05-
0157, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA05-0157 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. PA05-0157 on December 14, 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 Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application No. PA05-0157 subject to the
conditions after finding that the project proposed in Planning Application No. PA05-0157
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. Findinps. The Planning Commission, in approving Planning Application
No. PA05-0157 (Conditional Use Permit) hereby makes the following findings as required by
Section 17.04.01 O.E of the Temecula Municipal Code:
Conditional Use Permit 117.04.010.El
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The General Plan states that compatibility between adjacent land uses is essential to
achieve a safe, efficient, and well-organized community. The proposed 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 with and meets all the requirements stated in the Telecommunications Facility
and Antenna Ordinance.
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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 proposed project was designed to integrate with the existing buildings and
landscaping on the project site. The equipment building will be located behind existing
buildings and the proposed monopine is compatible with the on-site landscaping.
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 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 perfonnance standards delineated
in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the
Development Code. As a result, staff has detennined that the proposed conditional use
meets the requirements of the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health,
safety, and welfare of the community;
The location of the antennas within a privately owned commercial site makes them
inaccessible to the general public. Furthermore, 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 hazardous
substances or emit amounts of radiofrequency energy (RF) above permitted levels as
regulated by the Federal Communications Commission.
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;
The project will be completely reviewed, as a whole, in reference to all applicable codes
and ordinances before the Planning Commission.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed Project has been deemed to be categorically exempt
from further environmental review. (Class 3, Section 15303, New Construction of Small
Structures).
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA05-0157 (Conditional Use Permit) to
construct a wireless telecommunications facility consisting of a 45-foot high monopine with
twelve cellular panel antennas and a 230 square foot equipment shelter within a 633 square foot
lease area of a 3.57 acre site located at 44562 Pechanga Parkway.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 14th day of December 2005.
~~~-
ATTEST:
7)e/-k ~ U&-r~:Y-<...-/
Debbie Ubnoske, Secretary
[SEAY
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".
STATE OF CALlFO~~IAJ )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 05-69 was duly and regularly adopted by the Planning commission of
the City of Temecula at a regular meeting thereof held on the 14th day of December, 2005, by
the following vote:
AYES:
NOES:
4
PLANNING COMMISSIONERS: Chiniaeff, Harter, Mathewson, Telesio
o
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
ABSENT:
o
ABSTAIN:
1
PLANNING COMMISSIONERS: Guerriero
!k4-Lx--c' U~~ yr.-<:..-
Debbie Ubnoske, Secretary
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA05-0157
Project Description:
A Conditional Use Permit to construct and operate a
cellular telecommunication facility consisting of a 45-foot
high mono pine with twelve cellular panel antennas and a
230 square foot equipment shelter within a 633 square
foot lease area of a 3.57 acre site located at 44562
Pechanga Parkway.
Assessor's Parcel No.:
961-010-024
MSHCP Category:
DIF Category:
TUMF Category:
Exempt
Exempt
Exempt
December 14, 2005
Approval Date:
Expiration Date:
December 14, 2007
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department .
1. 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 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 21152 and California Code of Regulations
Section 15062. 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)).
2. 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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GENERAL REQUIREMENTS
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Planning Department
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or 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 board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. 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. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this. condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
5. 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.
6. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
7. If at any time during excavation/construction of the site, archaeologicaVcultural resources, or
any artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately advise the
City of such and the City shall cause all further excavation or other disturbance of the
affected area to immediately cease. The Director of Planning at his/her sole discretion may
require the property to deposit a sum of money it deems reasonably necessary to allow the
City to consult and/or authorize an independent, fully qualified specialist to inspect the site at
no cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeologicaVcultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning.
8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
9. All conditions shall be complied with prior to any occupancy or use allowed by this
Conditional Use Permit.
Building and Safety Department
10. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
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California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
11. 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.
12. Obtain all building plans and permit approvals prior to commencement of any construction
work.
13. Obtain street addressing for all proposed buildings prior to submittal for plan review.
14. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
Fire Prevention
15. 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.
16. 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 )
17. 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)
18. 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.
19. 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)
20. Provide a 2A:1 OBC fire extinguisher inside each building, enclosure or temporary structure
on the site.
21. 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)
22. 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
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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 Services Department
23. 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.
24. The developer shall comply with the Public Art Ordinance.
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
25. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
26. The construction plans shall clearly indicate that the monopine will include bark cladding
from the base to the top of the trunk.
27. The construction plans shall clearly indicate that all panel antennas will be camouflaged by
pine-style covers.
28. The construction plans shall clearly indicate that all antenna mounting brackets will be
painted to match the colors of the underlying trunk and adjacent branches of the monopine.
29. 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 shall be submitted to the Planning Director.
The agreement shall comply with all provisions set forth in Section 17.40.210 of the
Ordinance.
Building and Safety Department
30. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance. .
Community Services Department
31. 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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PRIOR TO RELEASE OF POWER. BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
32. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall schedule an inspection with the Planning Department to insure that the monopine and
antennas were installed in accordance with the approved plans.
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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