HomeMy WebLinkAbout09-013 PC ResolutionPC RESOLUTION NO. 09-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0271, A CONDITIONAL USE
PERMIT FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF A WIRELESS ANTENNA FACILITY
CONSISTING OF A 35-FOOT FAUX WATER TANK AND
ANCILLARY EQUIPMENT LOCATED AT 31850 CALLE
SARAGOZA (APN 957-170-020)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 1, 2009, T-Mobile filed Planning Application No. PA08-
0271, 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. PA08-0271
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 a conditionally permitted use within the 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 visible from the surrounding residential properties and streets,
however, the proposed faux water tank is compatible with the rural character of
the area through design. No residences are directly adjacent to the facility and
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 graded and has a sufficient pad to accommodate the wireless facility.
The existing site conditions are adequate in size and shape to integrate the faux
water tank and associated equipment with the surrounding rural neighborhood.
Additionally, for enhanced aesthetics and integration with the undeveloped
landscape, the project has been conditioned to paint the faux water tank a
natural earth tone.
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
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 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 4.6 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.
Unmanned telecommunication facilities do 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. PA08-0271, a Conditional Use Permit for the
construction, operation and maintenance of a wireless antenna facility consisting of a
35-foot faux water tank and ancillary equipment, located at 31850 Calle Saragoza,
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-
Patrick Richardson, Secretary
S`j EAL]
~ a
~tSTNTEQI AUFORNIA )
COUNT COI= RVs`ERSIDE )ss
OF T5IYFE$ JLA )
-1, =Patr ck Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-13 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 15'h day of July 2009, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES:
0
PLANNING COMMISSIONERS:
None
ABSENT:
0
PLANNING COMMISSIONERS:
None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA08-0271
Project Description: A Conditional Use Permit for the construction, operation and
maintenance of a wireless antenna facility consisting of a 35-foot
faux water tank and ancillary equipment located at 31850 Calle
Saragoza
Assessor's Parcel No.: 957-170-020
MSHCP Category: N/A
DIF Category: N/A
TUMF Category: N/A
Approval Date: July 15, 2009
Expiration Date: July 15, 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 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. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file for Planning Application No. PA08-0271 with the
Planning Department.
PL-7. 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-8. 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-9. 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-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-11. 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-12. 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-13. 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-14. 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-15. All existing trees and landscaping surrounding the existing facility shall remain intact
and vines shall be provided along the exterior fence surrounding the entire equipment
area.
PL-16. Construction plans shall show and project shall be constructed that the water tank and
supporting structure shall be painted tan to better match the natural setting and
resemble a wooden structure.
PL-17. 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 Blue Water Design submitted to the City of Temecula in this Planning
Application No. PA08-0271.
PL-18. 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) shall not exceed a height of 35 feet.
PL-19. Except for the faux water tank and any antennas and hardware attached directly to the
faux water tank, 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-20. T-Mobile shall use a collapsible ladder to access the water tank area of this project.
That ladder shall be collapsed and securely locked at all times when a responsible T-
Mobile worker is not present at this site.
PL-21. T-Mobile Wireless shall place and maintain permanent RF Notice signs in English and
Spanish immediately adjacent to and clearly visible at the tank access point atthe top of
the access ladder. The signage must be a minimum of 8" wide by 12" high, compliant
with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. All
such signage shall at all times provide a working local or toll-free telephone number to
its network operations center, and such telephone phone number shall be able to reach
a live person who can exert transmitter power-down control over this site as required by
the FCC. The location of the sign must ensure that anyone transiting to the tank may
clearly see the sign before entering that area.
PL-22. T-Mobile Wireless shall place and maintain permanent RF Warning signs in English
and Spanish adjacent to each transmitting antenna inside the tank. The signage must
be a minimum of 8" wide by 12" high, compliant with FCC OET Bulletin 65 or ANSI
C95.2 for color, symbol, and content conventions. All such signage shall at all times
provide a working local or toll-free telephone number to its network operations center,
and such telephone phone number shall be able to reach a live person who can exert
transmitter power-down control over this site as required by the FCC. The location of
the sign must ensure that anyone approaching the antennas may clearly see the sign
before entering any RF controlled zones around the antennas.
PL-23. Full initial and ongoing compliance with all FCC RF safety rules in FCC OET Bulletin 65
(as may be amended or superseded or replaced) is a continuing material condition of
the grant of this Use Permit.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-24. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
OUTSIDE AGENCIES
PL-25. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated December 5, 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. 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.
B4. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-5. Show all building setbacks
B-6. 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 Saturdayfrom 7:00 a.m.-
6:30 p.m. No work is permitted on Sundays or Government Holidays.
B-7. 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-8. Obtain street addressing for all proposed buildings.
At Plan Review Submittal
B-9. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-10. Provide precise grading plan to verify accessibility for persons with disabilities.
Prior to Issuance of Building Permit(s)
B-11. Provide appropriate stamp of a registered professional with original signature on plans.
B-12. 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.
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 Grading Permit(s)
F-2. Fire apparatus access roads and driveways 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. When temporary fire apparatus access roads are approved by the Chief
and provided for use until permanent fire access roads are installed, the fire apparatus
roads shall be an all-weather surface for an 80,000 lb. GVW (CFC Chapter 5, Section
503.2.3 and Temecula 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 Temecula City Ordinance 15.16.020 Section E).
F-4. The gradient forfire apparatus access roads shall not exceed 15 percent (CFC Chapter
5, Section 503-2.7 and Temecula 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).
PUBLIC WORKS
General Requirements
PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no costto
any Government Agency. It is understood that the developer correctly shows on the site
plan all existing and proposed property lines, easements, traveled ways, improvement
constraints and drainage courses, and their omission may require the project to be
resubmitted for further review and revision.
PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements,
shall be obtained from the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of-way.
PW-3. All grading plans shall be coordinated for consistency with adjacent projects and
existing improvements contiguous to the site and shall be submitted on standard 24" x
36" City of Temecula mylars.
Prior to Issuance of a Building Permit
PW-4. A grading plan shall be prepared by a registered civil engineer in accordance with City
of Temecula standards, and shall be reviewed and approved by the Department of
Public Works prior to the commencement of grading. The grading plan shall include all
necessary erosion control measures needed to adequately protect the site (public and
private) and adjoining properties from damage due to erosion.
PW-5. The developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works in accordance with Grading
Ordinance Section 18.24.120.
PW-6. Construction-phase pollution prevention controls shall be consistent with the City's
Grading, Erosion and Sediment Control Ordinance and associated technical manual
and the City's standard notes for Erosion and Sediment Control.
PW-7. The developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
PW-8. Permanent landscape and irrigation plans shall be submitted to the Planning
Department and the Department of Public Works for review and approval.
PW-9. The developer shall obtain letters of approval for any off site work performed on
adjoining properties. The letters shall be in format as directed by the Department of
Public Works.
PW-10. The building pad shall be certified to have been substantially constructed in accordance
with the approved Precise Grading Plan by a registered civil engineer, and the soil
engineer shall issue a Final Soil Report addressing compaction and site conditions.
PW-11. The developer shall obtain an easement for ingress and egress over the adjacent
property.
COL,~TY OF RIVERSIDE • COMMU.iITY HEALTH AGENCY
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department
c/o Knute Noland
PO BOX 9033
Temecula, CA 92589-9033
5 December 2008
RE: PA08-0271
The Department of Environmental Health (DEH) has received and reviewed the PA08-
0271 for a Conditional Use Permit (CUP) for the construction, operation and
maintenance of a wireless antenna facility consisting of a 35 foot faux water tank.
Ancillary equipment is proposed to be built into an adjacent hillside approximately 40
feet to the northwest of the proposed water tank under applicant: Bouewijn Hanrath.
The CUP is required per the Conditions of Approval to provide restroom facilities if they
become installed either by septic or sewer. (APN 957-170-020).
Any future food facility the applicant shall contact this Department at 951.461.0284 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
Sincerely,
./oN
Gregor Dellenbach, REHS
EHS081595 ($234.00) -00
Land Use and Water f:xuineetin.~ '9,13 _ , ^_a rd ~ t 1..', '56' (9511 60-3 u180 • FAX (951; 1, -618j