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HomeMy WebLinkAbout09-009 PC Resolution PC RESOLUTION NO. 09-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0149, A CONDITIONAL USE PERMIT/ANTENNA FACILITY APPLICATION FOR AT&T TO REPLACE AN EXISTING WIRELESS 50-FOOT CELLULAR MONOPOLE WITH A NEWLY CONSTRUCTED AESTHETICALLY ENHANCED 65-FOOT WIRELESS CELLULAR MONOPINE (FAUX PINE TREE), CO-LOCATE AN ADDITIONAL ANTENNA ARRAY FOR A TOTAL OF TWO ANTENNA ARRAYS, AND PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCE AND WALL ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 953-390-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 11, 1996 the Planning Director approved Planning Application No. PA96-0063, a Conditional Use Permit to construct a 50-foot high wireless cellular monopole and associated equipment. B. On January 9, 2008, the applicant filed Planning Application No. PA08- 0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 20, 2009, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09-0149 subject to and based upon the findings set forth hereunder. F. 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: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code; The project is permitted by Conditional Use Permit within the Public Institutional Zone. The proposal to reconstruct existing telecommunication facilities in order to co-locate telecommunications services which is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. 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 project will upgrade the appearance of an existing monopole to further enhance its visual appearance and provide a better aesthetic design that is compatible with adjacent residential uses and surrounding landscape. There is no demonstrated evidence that wireless communication systems would adversely affect adjacent uses. Further, the project is existing and compatible with the facilities already at the site. C. The site for a 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 this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site is already developed and the telecommunications facilities exists. The applicant is revising and reconstructing the design of the monopole which will enhance its appearance and simulate its appearance as a pine tree to match the surrounding pine trees. In addition, the applicant is providing additional trees and landscaping to assist in the buffer to adjacent residential lot as well as provide additional screening to overall appearance. The existing site conditions are adequate in size and shape to integrate the new monopine design, additional antenna arrays and associated equipment and additional landscaping as proposed. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Studies concluded there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts State and local government regulation of the placement, construction and modifications of wireless service facilities on the basis of environmental effects. Staff has determined that the nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community E. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. 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 15302, Class 2 Replacement or Reconstruction); This is replacement of an existing utility facility where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose with negligible expansion of capacity. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0004, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California 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 20th day of May 2009. an ley Harter, Chairman ATTEST: Patrick Richardson, Secretary ~e 1 [SEALU STATE OF.•CALIFOl3,fV A ) COUNTY~OFRIVERSIDE )ss CITY OFTEMECUL~A ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-09 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of May 2009, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS: None 4-5~- - Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0149 Project Description: Planning Application Number PA08-0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road Assessor's Parcel No.: 953-390-002 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: May 20, 2009 Expiration Date: May 20, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-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 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)). General Requirements PL-2. 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-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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-5. The City Planner may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one yearat a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file for Planning Application PA08-0149 with the Planning Department. PL-7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the City Planner. If it is determined that the landscaping is not being maintained, the City Planner 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. PL-8. The applicant shall comply with the approved Statement of Operations and Justification on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. The City, its City Planner, 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 City Planner, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its City Planner, 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 orforthe maintenance of any nuisance condition or other code violation thereon. PLA 1. The applicant shall comply with Conditions of Approval on file for Planning Application No. PA96-0063, unless superseded by these Conditions of Approval. Prior to Issuance of Building Permit(s) PL-12. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-13. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planterto be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL-14. The Landscaping and Irrigation Plans shall include a note stating that "Two landscape site inspections are required: One inspection is required prior to irrigation line trenches being closed for inspection of the irrigation lines and a separate inspection is required for final planting inspection." PL-15. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-16. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees. PL-17. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL-18. Specifications of the landscape maintenance program shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/ owner shall contact the Planning Department to schedule inspections. PL-19. All existing trees shall be shown on the landscape construction plans and no existing trees outside of the fenced area shall be relocated or removed. PL-20. Vines shall be provided along the exteriorfence surrounding the entire equipment area that surrounds the monopine. PL-21. The Landscaping and Irrigation Plans shall include specifications indicating that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. PL-22. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL-23. Construction Plans shall show and project shall be constructed to incorporate three- dimensional full bark cladding provided on the tree trunk starting at the base (at grade) to the top of the monopine. No two-dimensional bark cladding wrapping applique shall be permitted. PL-24. Construction Plans shall show and project shall be constructed that all antennas installed on the monopine shall be permanently covered by pine needle socks. PL-25. Construction Plans shall show and project shall be constructed that all antennas, antenna mounts, antenna hardware, and antenna cables outside of the trunk shall be flat painted in a camouflage design of browns and greens. PL-26. Construction Plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL-27. The construction plans shall specify with a note that indicates construction plans are consistent in design, scope and proposed execution of the approved photo simulations produced by Artistic Engineering submitted to the City of Temecula in this Planning Application No. PA08-0149. PL-28. Construction Plans shall show and project shall be constructed so that the height of the overall wireless facility (from grade to the extreme top of the facility inclusive of the cement pad and all branches) shall not exceed a height of 65 feet. PL-29. The lowest branch on the monopine cell tower shall never be above the height of the immediately adjacent real trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-30. An applicant shall submit a letter of substantial conformance, subject to field verification by the City Planner or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL-31. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the City Planner. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall comply with applicable provisions of the 2007 edition of the 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 letterfrom the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment orexemption 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 areas 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. A pre-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. Prior to Issuance of Building Permits CS-2. 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. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-2. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-3. The gradient forfire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E).