HomeMy WebLinkAbout09-012 PC ResolutionPC RESOLUTION NO. 09-12
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0233, A CONDITIONAL USE
PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A
WIRELESS FACILITY CONSISTING OF A NEW 77 FOOT
4 INCH MONOPINE AND ASSOCIATED EQUIPMENT
CABINETS AT RANCHO BAPTIST CHURCH LOCATED
AT 29775 SANTIAGO ROAD (APN 922-130-017)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 6, 2008, Royal Street Communications filed Planning
Application No. PA08-0233, a Conditional Use Permit 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 July 15, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA08-0233
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:
Conditional Use Permit (Development Code Section 17.04.010E)
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 project is permitted by Conditional Use Permit within the Rancho Highlands
Specific Plan and Very Low Density Residential zoning district. 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 is not highly visible to the public. It is proposed on the western side
of the Rancho Baptist Church site adjacent to an existing taller monopine along
Interstate 15. The proposed facility will be compatible with the existing facility
and landscaping. No residences are directly adjacent to the facility. There is no
demonstrated evidence that wireless communication systems would adversely
affect any surrounding residences or other uses.
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 with a telecommunication facility. The existing site
conditions are adequate in size and shape to integrate the new monopine and
associated equipment, 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 is harmful
to people. As part of the 1996 Wireless Communications Act, the Federal
Communications Commission (FCC) established an exposure standard and
expressly preempts State and local government regulation of EMFs. The nature
of the proposed 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 15332, Class 32 In-fill Development Projects).
1. The project is consistent with the applicable General Plan designation and
all applicable General Plan policies as well as with applicable zoning
designation and regulations.
The proposed project is conditionally permitted within the Rancho
Highlands Specific Plan and Very Low Density Residential zoning
designation of the Development Code. The project is consistent with all
development standards, including setbacks and design requirements for
the site.
2. The proposed development occurs within City limits on a project site that
is less than five acres and substantially surrounded by urban uses.
The project is proposed on a 4.2 acre site surrounded by existing
residential and religious facility development within an established area.
3. The project site has no value as habitat for endangered, rare or
threatened species.
The property is not known to have any value as habitat for endangered,
rare or threatened species as it has been previously graded, disturbed,
and developed. Additionally, the project site is not recommended for
habitat conservation under the Multiple Species Habitat Conservation
Program (MSHCP).
4. The project will not result in significant effects relating to traffic, noise, air
quality, or water quality.
Development of this type, a wireless monopine facility, does not generate
traffic, create noise, or significantly impact air quality or water quality. The
project is consistent with the impacts analyzed as part of the General Plan
EIR.
5. The site is adequately served by all required utilities and public services.
The utility and public service companies were notified of the proposed
project and no new facilities or expansion of existing facilities will be
necessary as a result of the project. Existing services are available and
adequate to service the proposed development.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA08-0233, a Conditional Use Permit for a wireless
facility including a 77 foot 4 inch tall monopine and associated equipment located at
29775 Santiago 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 15th day of July 2009.
Stanley Harter, Chairman
ATTEST:
S
Secretary
a
y
STATrdF;CALIFORNIA )
UU,^1TY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-12 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 15th day of July 2009, by the following vote:
AYES: 5 PLANNING COMMISSIONERS:
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
Carey, Guerriero, Harter, Kight,
Telesio
None
None
None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
Planning Application No.:
Project Description
Assessor's Parcel No.
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
DRAFT CONDITIONS OF APPROVAL
PA08-0233
A Conditional Use Permit to
wireless facility consisting of a
associated equipment cabinets
29775 Santiago Road
construct, operate and maintain a
new 77 foot 4 inch monopine and
located at Rancho Baptist Church,
922-130-017
N/A
N/A
N/A
July 15, 2009
July 15, 2011
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 Planning Director 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-6. This project and all subsequent projects within this site shall be consistent with Specific
Plan No. 2, Rancho Highlands.
PL-7. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file for Planning Application No. PA08-0233 with the
Planning Department.
PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director 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-9. 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.
PL-10. The applicant shall comply with their Statement of Operations and Justification, on file
with the Planning Department, unless superseded by these Conditions of Approval.
PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-12. 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-13. The 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 and shall be submitted
to the Planning Director. The agreement shall comply with all provisions set forth in
Section 17.40.210 of the Ordinance.
PL-14. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey
protocol, shall be conducted prior to ground disturbance. The results of the 30-day
preconstruction survey shall be submitted to the Planning Department prior to
construction.
PL-15. All utilities shall be screened from public view. 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-16. Vines shall be provided along the exteriorfence surrounding the entire equipment area
that surrounds the monopine.
PL-17. Construction plans shall show, and the 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-18. Construction plans shall show and project shall be constructed that all antennas
installed on the monopine shall be permanently covered by faux green pine needles.
PL-19. 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-20. Construction plans shall show and project shall be constructed that no antennas shall
extend beyond the branch coverage.
PL-21. 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. PA08-0233.
PL-22. Construction plans shall show, and the project shall be constructed, 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 77 feet 4 inches.
PL-23. The lowest branch on the monopine cell tower shall never be above the height of the
immediately adjacent real trees.
PL-24. Except the monopine itself and any antennas and hardware attached directly to the
monopine, no portion of this project is permitted to extend above the top of the wrought
iron fence enclosure to any cabinets at or near ground level; the cable bridge; any work
lights; the GPS antenna, etc.
PL-25. Microwave dish antennas and related equipment are not permitted underthis approval.
PL-26. There shall be a maximum number of three future cabinets.
PL-27. Construction plans shall show, and project shall be constructed that the future
equipment cabinets shall be a maximum size of 36" X 36" X 84". No portion of the
future equipment is permitted to extend above the top of the wrought iron fence
enclosure to any cabinets at or near ground level; the cable bridge; any work lights; the
GPS antenna, etc.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-28. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
OUTSIDE AGENCIES
PL-29. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated October 10, 2008, 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 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. 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-3. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-4. Show all building setbacks.
B-5. 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-6. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
At Plan Review Submittal
B-7. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
Prior to Issuance of Building Permit(s)
B-8. Provide appropriate stamp of a registered professional with original signature on plans.
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.
F-2. 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-3. 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-4. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter
5, Section 503.2.7. and City Ordinance 15.16.020 Section E).
Prior to Issuance of Certificate of Occupancy
F-5. 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 fire fighting personnel (CFC Chapter 5, Section
506).
COUNTY OF RIVERSIDE e COMMUNITY HEALTH
DEPARTMENT OF ENVIRONMENTAL.
City of Temecula
Planning Department
c/o Knute Noland
PO BOX 9033
Temecula, CA 92589-9033
10 October 2008
RE: PA08-0233
AGENCY
HEALTH
The Department of Environmental Health (DEH) has received and reviewed the PA08-
0233 for the Minor Conditional Use Permit accompanied with an Antenna Facility
application under the applicant: Rancho Baptist Church.
The development plan application for a proposed 75 (77'-4") foot high Royal Street
Communications California, LLC unmanned facility (including equipment cabinets
inside a new 7'-9" wrought iron fence), located at 29775 Santiago road. The antenna will
be incorporated into an existing property owned at the Rancho Baptist Church rear yard
landscaped area, (APN 922-130-017),
Any future restroom facility the applicant shall contact this Department at 951.358.5172
for food plan check compliance by the County of Riverside DEH.
if your have any questions, please do not hesitate to call me at 951.955.8980
VW/
Gregor Dellenbach, RE14S
EHS091443 ($234.00)
Load Enforcement Mersey • Po. Box 1280. Riverside, CA 92602-1280 • (9091955-8982 • FAX 1909) 781.9653 • 4080 Lemon Shen, 9th Floor. Rivarido. CA 92501
Land (lee and 1Wler EW"arles • P.O. Box 1206, Riversidr. CA 92802.1206 - (90919558980 • FAX (909) 955-0903 • 4080 lemon Shed, 2n4 Floor, Rlvunde, CA 92501
ENV HEALTH, MURRIETA Fax:9516006181 Oct 10 2008 1058 P.03