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).