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HomeMy WebLinkAbout100709 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 7, 2009 - 6:00 PM Next in Order: Resolution: 2009-22 CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Guerriero, Harter, Kight and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of September 2, 2009 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Planning Application No. PA08-0165, a Conditional Use Permit/Cellular Telecommunication Antenna Facility Application for the construction and operation of an AT&T wireless facility consisting of one slimline pole and one monopine located at 41520 Margarita Road, Dana Schuma RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0165, A CONDITIONAL USE PERMIT/CELLULAR TELECOMMUNICATIONS ANTENNA FACILITY APPLICATION FOR THE CONSTRUCTION AND OPERATION OF ONE SLIMLINE MONOPOLE, ONE MONOPINE, AND ANCILLARY EQUIPMENT FOR AT&T WIRELESS LOCATED AT 41520 MARGARITA ROAD (APN 954-020- 005) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, October 21, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecuIa.org. ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 2, 2009 - 6:00 PM Next in Order: Resolution: 2009-21 CALL TO ORDER: Flag Salute: Commissioner Kight Roll Call: Carey, Guerriero, Harter, Kight and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 19, 2009 APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PUBLIC HEARING ITEMS 2 Recommend City Council adopt the Housing Element update APPROVED 5-0, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION 09-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE 2008- 2014 HOUSING ELEMENT (LONG RANGE PLANNING PROJECT NO. LR08- 0017 REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT 1 ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, October Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman 2009, 6:00 PM City Patrick Richardson Director of Planning and Redevelopment ITEM 2 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 7. 2009 PREPARED BY: Dana Schuma, Case Planner PROJECT Planning Application Number PA08-0165, a Conditional Use SUMMARY: Permit/Cellular Telecommunications Antenna Facility Application for the construction and operation of one slimline monopole, one monopine, and ancillary equipment for AT&T Wireless located at 41520 Margarita Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: AT&T Wireless General Plan Public Institutional (PI) Designation: Zoning Designation: Public Institutional (PI) Existing Conditions/ Land Use: Site: Existing water tank and two existing monopines North: Existing multi-family residential South: Existing religious facility East: Existing multi-family residential West: Margarita Road BACKGROUND SUMMARY On July 31, 2008, a Conditional Use Permit application was submitted proposing two 37-foot slimline monopole cellular towers for AT&T Wireless. In a DRC letter, staff requested the proposed uni-poles be replaced with a dual monopine design to address aesthetic concerns with the adjacent multi-family residential units. The revised design consists of one 37-foot slimline monopole located on the north side of the property and one 42-foot monopine located on the southeast side of the property. Staff has worked with the applicant to ensure that all concerns have been addressed and the applicant has worked diligently and cooperatively with staff to address aesthetic concerns with regard to the monopine. ANALYSIS The applicant is requesting to construct a new 37-foot monopole, a new 42-foot monopine, and associated equipment cabinets within a new eight foot CMU wall and wrought iron fence. The site is already a multi-carrier wireless site with two existing monopines and three carriers operating. The applicant's proposal to locate at this site is consistent with Development Code Section 17.40.040 which states that the City shall encourage the establishment of multiple-user sites. This requirement prevents the blight of excessive telecommunication facilities within the City. The site is not highly visible, but it may be seen slightly from Margarita Road adjacent to the project site (west side). The site is owned by Rancho California Water District and has a 33-foot high water tower and two 70-foot high monopines with ground mounted equipment located on the south side of the site. To accomplish coverage goals for the area, antennas at this site must allow the signals to pass over the top of the water tank. However, AT&T has proposed two shorter antenna facilities rather than a single (and much taller) antenna. Two shorter antennas divide the signals into three sectors of coverage which eliminates the need to pass the single over the water tower for full coverage. The new 37-foot monopole is proposed to be located on the north side of the site where existing mature landscaping helps to screen visibility. The applicant proposed the monopole rather than a monopine in this location because the base of the pole is smaller than a monopine and can fit on the edge of the slope within the available area on site. The new 42-foot monopine is proposed on the east side of the site. Existing, mature landscaping surrounding the proposed monopine will screen and soften any visibility from the adjacent residential units. Both of the proposed antennas meet all of the development standard requirements and setbacks as set forth by the Telecommunications Facilities and Antenna Ordinance within the Development Code. Development Code Section 17.40.010 states that the City shall protect the visual character of the City from the potential adverse effects of telecommunication facility development and antenna installation by maintaining architectural and structural integrity and preventing unsightly facilities. As proposed, the facility will provide adequate branch coverage, full foliage, three-dimensional bark cladding, and a naturally shaped canopy of branches. Furthermore, neither of the towers are located closer than 75 feet from any residential structure. In identifying the proposed location for additional wireless coverage, using existing facilities was first considered. The only co-location possibly for this area was the existing monopines located on the site; however, the facilities are already occupied by three carriers and no space is available for a fourth carrier. In compliance with the Telecommunication Facility/Antenna Ordinance the proposed site and design was identified as the best solution considering all factors. The City's telecommunication consultant has reviewed the proposal and has determined that the antenna location is appropriate and is in compliance with FCC safety rules and regulations. 2 Architecture The monopine has been designed so that all antenna panels will have a pine-needle antenna cover in order to increase its camouflaging and disguise the antenna arrays. The monopine cell tower will be constructed with full foliage, three-dimensional bark cladding, and a naturally shaped canopy of branches to meet the design requirements. The monopole has been designed to blend with the water tank on site and is extensively screened by mature landscaping on a large slope. Staff has worked with the applicant and the City's telecommunication consultant and determined that the two proposed antennas are required in order to adequately accommodate AT&T's service objectives within the area. Furthermore, the height of the structures will be less than the existing monopines on the same site. Staff has ensured the plans clearly call out the height of the overall wireless facilities (from grade to the extreme top of the facilities) and the project is conditioned not to exceed the overall heights indicated on the plans. Landscaping The project has been conditioned to ensure that all existing trees surrounding the antennas remain intact. Several trees will be relocated on site to accommodate the equipment enclosure and vines will be planted along the block wall surrounding the equipment to further enhance the site. Due to the site's limited public visibility, no additional landscaping is proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on September 26, 2009, and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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). 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 Public Institutional (PI) zoning designation of the Development Code. The project is consistent with all development standards, including setbacks and design requirements for the site. 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 2.9 acre site surrounded by existing residential and religious facility development within an established area. 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). The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Unmanned cellular telecommunication facilities do not generate traffic, create significant noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan EIR. 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 are adequate to service the proposed development. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) 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 Public Institutional (PI) 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. 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. The antennas are proposed on the north and east sides of an existing water tank site. The site has two taller monopines currently operating on site. The proposed facility will be compatible with those existing facilities and landscaping. There is no demonstrated evidence that the wireless communication systems would adversely affect any surrounding residences or other uses. 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 two telecommunication facilities. The existing site conditions are adequate in size and shape to integrate the new monopole, monopine, and associated equipment, as proposed. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. Provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents and has been conditioned to meet all applicable requirements. In addition, radiofrequency energy (RF) emissions from wireless telecommunication facilities are regulated by the Federal Communications Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations and Justification Notice of Public Hearing 1 1 Project Site 0 U) 0 w M y F 'AO 0 U) IPA N 0~-25 50 y00 150 ~ 200 \ Feet 1 I Y T &t AMOBILITY SITE NUMBER: LA6169C SITE NAME: RANCHO CALIFORNIA RD. ME DESIGN PACKAGE REVIEW STMFHS 10 ACCEPTED RO COMMENT, PRSE£D 20 COEMERI9 AO sti ,m mw.m Fo~~rc...w n..ww P-P Po - p❑®o:.w. a~a7m.:. MN. omvuwuAA- Eo Jo A... IMPImR M PIMUO PEO WT WN5KUfE AWMPT E M ARRAWAL OF WORN UFAE WC.`W`... GOT MRKK6 OR,WdWS IS 41ECIFD R, IRE SGPRRP 17 W6 AM 14TH SLNPLER IRM IVU COR IMIS MR CM AGN RT nms RwRWn GU RE7PL wTE. 11 ERMNEFR E, 9,RDGBDN ID DRAWING INDEX REV. DIRECTIONS PROJECT INFORMATION F 1, ROM CERRROS. CA TAKE THE G-91 E. 2. MERGE ONTO THE 1-15 SOUTH TOWARDS SAN OIEGO. SCOPE OF WORK: AN UNMANNED IELECOMMVNIGPONS FACILRY INCLUDING OVTDOOR A-LA6169F701 TITLE SHEET 1 3. TAME TXE RANCHO CALIFORNIA RD. GOT TOWARD OI➢ TOWN FRONT ST. EQUIPMENT (4 GSINET I S E P C TURN LEFT ONTO RANCHO GAHFORNU Rp. 5 R . Y FIG T ANTENNAS, (6) ATM PANEL MTENN AS NONMED OX (t) MONOPoU` & (1) . UF N N R0. H 0 6 , N RN LEFT EFT ONTO TO RANCCH HO USIA R0. MONOPINE, AND THE INSFA OF POWER & TE1CO SERVICE. NRN RIGHT ONTO MVQGAR?A RD.. A¢p1VE AT SIZE LOCATION. GTE MpRE55: 41580 MARGOWTA RD. F iEMECOIA 92591 50VMERN ENR'O EFOORM C ERWN IENNY LAND OWNER: RANCHO C L WATER LVSIRICi is A-IA8189Cd01 SUE PLAN ...RE: O',W) CHESTER ROAD PRONE: (909) 82G-5681 4]1}5 ` 1 IA GA MECNA FA 9212590 HDREGUIA GA .21G. A-LA61SEI EQUIPMENT&ANTENNAPLANB TC~O CONTACT:PAULGonu1R 1 VICINITY MAP ONE (95l) 69}_2269 CATST ONTACT 818D A- A616ICZ03 EQUIPMENT ENCLOSURE ELEVATIONS : APPUGM: AT&T MOPIUM PxOrvE TDD DR) FLOOR 129M PARK PIAZA DRNE 1 . GERATTS. CA 90703 A-LMG(R DDNN0. MONOPOLEELEVATIONS 0 O .JHl. 3S 3D 17.50' 33 3p' I 6.66' N LONOINDE 117 01 ' 2000 W 11]' 01' 2110" W ARCgpT UkT/LONG TYPE: NAD 83 NAM `0 B Rp SO P ELEVATION: 126G 9 FEE! 12fifi 5 FEET SN F I . . ~ A, P.N. 954-02-OS 0 JUROGRETON: CM OF TEMEEVU P0 SItE p 11AF USE: WATER COMPANY PROPOSED USE 2 £ d GT D F Q IF! N4. : l c AMUrvI I x A L Pp p SITE QUALIFICATION PARTICIPANTS 15 0 D UBA R PA upuE GOM NUMNR A/E CAN CONNELL CONNELL DESIGN GROUP, LLC. (949) ]53-860] $ PROJECT MINOR. GRIOGETIE PLEASANT BGD,TEL (714) 676-0100 1 s RF MMLON 9ARNEFT ATLT MOBIUTY (SO) 779-6278 SITE ACQUISITION MANY MARSHALL COASTAL BVSINFSS GROUP (949) 3]8-0}46 ~ r LANDLORD PAUL GON]ALEZ RCWD (951) fi93-2289 Z CONSTRUCTION STEVE KINDRED BtRUTEL (949) 212-4644 A y /y ^ RANCHO CALIFORNIA RD BeChtBl COmmunlea0one ` . ®aw TRLE SHEEP 6131 01 Av., St. 500 T LA6189C '~n , BU... P.,R, G 90620 G'ONAl. IIII N OROBP, LLG 41520 MARGARITA RD. pT8TMO81IfTY Pops --M AND R N mu TEMECULA. CA 92591 r wnw RArm w nn. only M'® mwlm worm 24782-630 A-IA6169C T01 1 6 5 UP Q..31-3112 II I N Sid 4 3 2 FT Y' `SID ~umH mim ~ro4 } o, ZE le- i RANCHO CALIFORNIA RD Bechtel CODNDUniamblis 8131 oreng.x,o.Pe pre. Ste mo . LA8169C l l ®alEcL Buena Pork. CA 90620 CONN¢LL DBBIGN GRDYp. LLC mresmy 415R0 ' RD. gT&iMo- ~ t,. CA 9R591 IEMEMIA. Cq ' B 5 4 b 2 D C 8 1 A SITE PLAN 2TV-p 0 q-IA6169C SOte 1 O] mo-bit 13~N 9R FT O lut.:aR W . m~ x U I SECTOR, 8310° i r a x=x x--,x--x- nucvu+ce ew . cua~e smart mu mn~ ~y` I k 4 ~xk £a 3 .~a 'z5 3C ~g \+~\a wuo wrY m°w Ic I I I~ Ic NORTH ELEVATION 3 SOUTH ELEVATION ansm•.o^ a z a• s sns•.ro^ o z o• s IB e EAST ELEVATION Bechtel Com mlcsuvm .,Wh, Ave, sle s00 auene Pink " Ooszo 6 E: i ~g s ` x ~a""m ~oAm 4~ ~ cem ~mw m A ,su d4pL' 4^ mt'ss2n m1 ,rmwa 4 om ~ s rw~waa ~ ~'N"eg. g 1.. , v M l e ge 7 ma m re. ~ W ~m r$ IOrra cua ue m¢ ~ n/+m~vOmiN~irtmw ~ ~ ~maur L_J L _J EAST ELEVATION @ SECTOR 'C' 6C""' ® 2 SOUTH ELEVATION @ SECTOR'A' &'B' 9GALE: ® 7 als-.rw- o r A• 6 xnrzw^ o z A' s 98aht21CUmm I a RANCHO CALIFORNIA RD. un - LA8169C ~,aL&l l L MONOPOLE 6131 oron9elM1O.pe Ave. Ste 500 C mrovw ~wx ELEVATIONS Bueno Park. CA 90620 ONNBILLUEEIGN. RpUP. LLC 41520 MARGARITA M AT&TMCBINT • ¢sm TEMENLA. CA 92591 a xa m >m 26]82-fi30 A-U8189C i 0 1 7 3 z N-NI. D C B A 2M I i YtYAT'9If PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0166, A CONDITIONAL USE PERMIT/CELLULAR TELECOMMUNICATIONS ANTENNA FACILITY APPLICATION FOR THE CONSTRUCTION AND OPERATION OF ONE SLIMLINE MONOPOLE, ONE MONOPINE, AND ANCILLARY EQUIPMENT FOR AT&T WIRELESS LOCATED AT 41320 MARGARITA ROAD (APN 954-020-005) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 31, 2008, AT&T Wireless, filed Planning Application No. PA08- 0165, 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 October 7, 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. PA08-0165 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 Public Institutional (PI) 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. The antennas are proposed on the north and east sides of an existing water tank site. The site has two taller monopines currently operating on site. The proposed facility will be compatible with those existing facilities and landscaping. There is no demonstrated evidence that the 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 two telecommunication facilities. The existing site conditions are adequate in size and shape to integrate the new monopole, 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; Provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents and has been conditioned to meet all applicable requirements. In addition, radiofrequency energy (RF) emissions from wireless telecommunication facilities are regulated by the Federal Communications Commission. 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 Public Institutional (PI) 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 2.9 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 cellular telecommunication facilities do not generate traffic, create significant noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan EI R. 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. PA08-0165, a Conditional Use Permit/Antenna Facility Application for AT&T Wireless located at 41520 Margarita 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 7th day of October 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY 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- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of October 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0165 Project Description: A Conditional Use Permit/Cellular Telecommunications Antenna Facility Application for the construction and operation of one slimline monopole, one monopine, and ancillary equipment for AT&T Wireless located at 41520 Margarita Road Assessor's Parcel No.: 954-020-005 MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT N/A N/A N/A October 7, 2009 October 7, 2010 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 herebyagree 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. PA08-0165 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 applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved materials board. All labels on the materials board shall be readable on the photographic prints. 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 staff's 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 bythe 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. 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. Vines shall be provided along the exterior of the seven foot wall surrounding the entire equipment area that surrounds the monopine. PL-16. 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-17. 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-18. 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-19. Construction plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL-20. 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. PA08-0165. PL-21. Construction plans shall show, and the project shall be constructed, that the height of the overall wireless monopine facility (from grade to the extreme top of the facility inclusive of the cement pad and all branches) shall not exceed a height of 42 feet. PL-22. Construction plans shall show, and the project shall be constructed, that the height of the overall wireless monopole facility (from grade to the extreme top of the facility) shall not exceed a height of 37 feet and six 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. Exceptthe monopole and monopine, and anyantennas and hardware attached directly to them, no portion of this project is permitted to extend above the top of the block wall 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 under this approval. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-26. 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. 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 are as follows: Monday-Friday from 6:30 a.m.-6:30 p.m. and Saturday from 7:00 a.m.- 6:30 p.m. No work is permitted on Sundays or Government Holidays. B-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. Onlythe 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). PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed bythe 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. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. PW-4. All improvement 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. PW-5. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm drain system or receiving water. PW-6. All grading and related activities shall conform to the Temecula Municipal Code - Title 18, Grading, Erosion and Sediment Control. Prior to Issuance of Grading Permit(s) PW-7. 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-8. 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-9. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations forthe construction of engineered structures and pavement sections. Overview of Coverage Objective(s) The Water District was targeted as a candidate to provide coverage for calls in and around the intersection at Margarita Road and Rancho California Road in the City of Temecula. The coverage is spotty at best in it's existing forNe nd our consumers are complaining about dropped calls in this area. The propagation maps included submittal package explain the whole that our network is currently experiencing and how this site will improve coverage for our clients. Overview of Sits Design/Location Criteria The Water District is the best location for this site as the topographic nature of this parcel lends to reduction of negessary height requirements to provide adequate coverage. The existing landscape also provide the design with a seamless integration into the surrounding -area. Alternative Site; Analysis The north side of the proposed location is in a commercial area that is at a much lower elevation. Any site in this area would require a pole of approximately 70' in height to provide adequate coverage. The area to the south is a school and parks which would be more scrutinized by the public as far as design goes. The east and west sides are residential in use and do not have the appropriate zoning to accommodate a wireless facility. The fact that all other carriers are on this parcel lends to the fact that this is the only parcel that such ~ use could work most efficiently and far less impacting the neighborhood. Site Development Standards and General Plan The location, si i e, design, and operating characteristics of the proposed facility will not create unusual noise, traffic or ther conditions or situations that may be objectionable, detrimental or incompatible with surrounding Ian uses. The proposed use is consistent with this finding in that: 1. The p~oposed equipment associated with the telecommunication structure operates quietly or virtua lv noise free. 2. The equipment does not emit fumes, smoke, or odors that could be considered objectionable. 3. The telecommunications facility is unmanned and only requires periodic maintenance, which equates to approximately one trip per month. The proposed communication facility will not resulin conditions or circumstances contrary to the public health, safety and the general welfare. The proposed use is consistent with this finding in that. I Unlike other lard uses, which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, alignment with neighboring sites and customer demand components, Placement within the urban geography is dependent on these requirements. Accordingly, wireless teleco p unication facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in all locations. j The proposed f~cility at the subject location will be unmanned, have no impact on circulation systems, and generate na noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage area wireless access to the rapidly expanding communications infrastructure by providing voice and data transmission services not currently available. The installation of antenna sectors and transmission equipment will not result in any material changes to the 'character of the existing structures or surrounding built or natural environments. This proposed wireless telecommunications facility will operate in full compliance with all state and federal regulations includ ing the Telecommunications Act of 1996. Regulating A V&'I Mohility his regulated by the Federal Communications Commission (FCC) and is authorized to operate in thq frequencies established for Cellular and PCS operators. .1A T& "i"s wireless telecommunication facilities operate at the lowest possible power levels and are well below established standards used by the FCC for safe human exposure to radio frequency electromagnetic fields. These standards have been tested and proved safe by the American National standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE). 1. The propose communications facility will operate in full compliance with the U.S. standards for radiofrequencc emissions as published by the American National Standards Institute (ANSI). The ANSI was d!veloped by the committee composed of 125 scientists from universities, non-profit laboratories and Federal Health Laboratories (FDA, NIOSH, EPA): 13: are from the industry and consultants td the industry: and 15% are from the military and other federal agencies. In 1992, the ANSI established, as a public safety standard, a maximum exposure level to radiofrequency emissions of 1000 micro watts per centimeter squared (1,000 uW/cm2). 2. The radiofrec~uency emissions emitted by the proposed AT&T Mobility facility will fall within the portion of the electromagnetic spectrum which transmits non-ionizing electromagnetic emissions, at the low level associated with this type of wireless technology, are not harmful to living cells. Among the items whijCh result in non-ionizing electromagnetic emissions are radios, television broadcasts, CB radios, micro ave ovens, and a variety of common security systems. Conversely, items which" transmit ioni~ing electromagnetic emissions include ultraviolet light, medical x-rays and gamma rays. 3. Data curren4 available on the effects of electromagnetic transmission on public health indicate that there is no likelihood of negative impacts to public health and safety. Project Benefits The proposed pr ject will provide the following community benefits. • Alternative emergency response communications for police, fire, paramedics and other emergency services. • Better voice land reception quality through use of the all-digital technology. • Higher secu~ity and privacy for telephone users. i • More affordable service due to increased competition in the market area. • High speed data transfer for business or leisure activities. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Proposal: PA08-0165 AT&T Wireless A Conditional Use Permit/Cellular Telecommunication Antenna Facility Application for the construction and operation of one slimline monopole, one monopine, and ancillary equipment structure for AT&T Wireless located at 41520 Margarita Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15332, Class 32 In-Fill Development Projects) Case Planner: Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: Time of Hearing: October 7, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3928.