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HomeMy WebLinkAbout08_037 PC ResolutionPC RESOLUTION NO. 08-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0216, A WIRELESS TELECOMMUNICATIONS FACILITY APPLICATION CONSISTING OF TELECOMMUNICATION ANTENNAS MOUNTED TO A 70' 5" HIGH FAUX LIGHT POLE AND GROUND MOUNTED EQUIPMENT TO BE LOCATED WITHIN AN EXISTING SELF-STORAGE FACILITY LOCATED AT 31524 RANCHO PUEBLO ROAD (APN 959- 070-024) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 23, 2007 Meridian Telecom ,filed Planning Application No. PA07- 0216, aWireless Antenna Facility Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 6, 2008, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0216 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditonal Use Permit, Development Code Section 17.04.010.E. A. 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 Conditional Use Permit is compatible with the surrounding land uses. The proposed use requires a minimal amount of servicing, which will create little traffic. The proposed use is consistent with and meets all the requirements stated in the Telecommunications Facility and Antenna Ordinance and Rancho Pueblo Planned Development Overlay. 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 uses, buildings or structures; By utilizing a faux park light standard as well as existing storage units, the proposed project is designed to integrate with the existing storage facility and adjacent play field. The City's Telecommunication Consultant has reviewed the proposal and has determined that the antenna location is appropriate and is in compliance with FCC safety rules and regulations. 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 areas, 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; Staff has reviewed the requirements stated 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 requirements of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The area housing the faux park light standard will be enclosed at the base by an 11' 3" screen wall and roll-up door. Additional equipment will be stored within two existing storage units. This will prohibit unauthorized access to the facility. In addition, the project has been reviewed by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, safety and general welfare of the community. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15303, Class 3, New Construction or Conversion of Small Structures); The project consists of the installation of a 70' 5" faux light pole with antennas for wireless telecommunications and conversion of an existing small structure from one use (public storage) to another (wireless equipment storage). In addition, a small screen wall will be constructed to prohibit unauthorized access to the wireless facility. The project is in an urbanized area and will impact one existing commercial structure. The project and surrounding area has already been developed and is Thus not environmentally sensitive. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0216, A Wireless Telecommunications Facility application consisting of telecommunication antennas mounted to a 70' 5" high faux light pole and ground mounted equipment to be located within an existing self-storage facility, located at 31524 Rancho Pueblo Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of August 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary ~. - _~^ ;ISEALj' ~ ;: -_. ; .., '.'~ , -' ai ... .-s'~;-= ,SfiATE OF CALIFftRNIA ) COUNTY.OF RIbERSIDE )ss CITY~'OF TEMEGULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-37 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of August 2008, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: 9~1i~9G~ G DRIVE: ~ILL~O~ PERMITS PLUS: 9~L7~G~ INITIALS: ~ ~ PLANNER ,; ACCEPTANCE OF CONDITIONS OF APPROVAL I, Bill D'Agostino, Executive Director-Network, understand that Planning Application No. PA07-0216 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 0837 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. VERIZON WRELESS Bill D' go •tino, Exec tive Director-Network . 4 SIGNATURE 9- .:~ - ~~ DATE ~~n 1989 ~~~ -Jens • msw o~~'s~' EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0216 Project Description: A Wireless Telecommunications Facility application consisting of telecommunication antennas mounted to a 70' 5"high faux light pole and ground mounted equipment to be located within an existing self- storagefacility located at 31524 Rancho Pueblo Road Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 959-070-024 Exempt Office Service Commercial/Office August 6, 2008 August 6, 2010 Within 48 Hours of the Approval of This Project PL-1. The applicant/developershsll 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 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)). PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This approval shall be used within two 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 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-8. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. This project and all subsequent projects within this site shall be consistentwith Planned Development Overlay No. 6. PL-8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-g. The applicant shall submit to the Planning Department for permanent filing iwo 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL-10. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Faux Park Light Standard Galvanized Metal Screen Wall and Roll-Up Door Desert Lily (DE5434) Dunn Edwards Metal Access Door Desert Lily (DE5434) Dunn Edwards PL-11. The applicant shall comply with their Statement of Operations dated July 23, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit maybe revoked pursuant to Section 17.03.080 ofthe City's Development Code. PL-13. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to Issuance of Building Permit(s) PL-14. A maintenance/facility removal agreement, or enforcement provisions in a signed lease that will assure the intent of the Telecommunication Faciltiy 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 entitlment for use authorizing the establishement or modification of any telecommunications facility. The agreement shall be in accordance with Section 17.40.210 of the Ordinance and comply with all provisons set forth in this section. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-15. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping the covered mansard roof element or other screening reviewed and approved by the Director of Planning. PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-17. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 10, 2007, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall comply with applicable provisions of the 2007 edition ofthe California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. B-3. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights-of-way. B-4. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. B-6. Show all building setbacks. B-7. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday-Friday from 6:30 a.m.-6:30 p.m. and Saturday from 7:00 a.m.- 6:30 p.m. No work is permitted on Sundays or Government Holidays. B-8. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Prior to Submitting for Plan Review B-9. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. B-13. Apre-construction meeting is required with the building inspector prior to the start of building construction. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. 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. Prior to Issuance of Certificate of Occupancy F-2. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). F3. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from the Fire Prevention Bureau. This is required forthe emergency generator. (CFC Chapter 34 and City Ordinance 15.16.020). F-4. The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 28 through 44, Appendix Chapter 1 and City Ordinance 15.16.020). F-5. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure all landscaping surrounding the proposed building are kept at a height of no more than three feet or below the ground floor windowsills or ground level. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. PD-2. Applicant shall ensure any trees surrounding the building rooftop be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have asix-foot clearance from the building. PD-3. Berms shall not exceed three feet in height. PD-4. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through Environmental Design (OPTED). PD-5. All existing exterior lighting to the building must be in compliance with Mount Palomar Lighting Ordinance 665 requiring low pressure sodium lighting. PD-8. All exterior doors to have their own vandal resistant fixtures installed above each door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-7. All exterior night lighting shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD-8. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non- business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Section 8565 of the California Government Code. PD-9. Hardware: All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-10. Any graffiti painted or marked upon the building should be removed or painted over within twenty-four (24) hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. PD-11. Any roof hatches shall be painted "International Orange" PD-12. Crime prevention through environmental design (OPTED) as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. d. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. e. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. f. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clean lines-of-sight serve to provide such a perception of surveillance. PD-13. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD-14. Refer any and all questions to the Police Department Crime Prevention and Plans Unit (951) 695-2773.