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HomeMy WebLinkAbout102109 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]. CALL TO ORDER: Flag Salute: Roll Call: 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 AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 21, 2009 6:00 PM Commissioner Guerriero Carey, Guerriero, Harter, Kight and Telesio Next in Order: Resolution: 2009 -23 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 October 7, 2009 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report 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. 3 Planning Application No. PA09 -0076, a Conditional Use Permit for the construction. operation and maintenance of a Verizon Wireless antenna facility mounted on the roof of an existing industrial building located at 42180 Zevo Drive, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0076, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A VERIZON WIRELESS ANTENNA FACILITY MOUNTED ON THE ROOF OF AN EXISTING INDUSTRIAL BUILDING LOCATED AT 42180 ZEVO DRIVE (APN 909 360 -035) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 4, 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 2 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.citvoftemecula.ord. 3 CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: RECOMMENDATION: 2.1 Adopt a resolution entitled: REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 7, 2009 6:00 PM Commissioner Carey Carey, Guerriero, Harter, Kight and Telesio 1 Next in Order: Resolution: 2009 -22 1.1 Approve the Minutes of September 2, 2009 APPROVED 5 -0, MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 2 Planning Application No. PA08 -0165, a Conditional Use Permit/Cellular Telecom- munication 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 APPROVED 5 -0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER KIGHT; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PC RESOLUTION NO. 09 -22 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) ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, October 21, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman 2 Patrick Richardson Director of Planning and Redevelopment Date Case No. Proposal Applicant Action September 24, 2009 PA09 -0009 A Minor Conditional Use Permit to allow Stellar Cellar to operate a wine bar with indoor live entertain- ment David Bienvenue APPROVED CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, City Planner DATE: October 21, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for September 2009 Attachment: Action Agenda ACTION AGENDA PUBLIC COMMENTS Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING SEPTEMBER 24, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Stuart Fisk, Senior Planner A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director When you are called to speak, please come forward and state your name and address. 1:30 p.m. PA09 -0009 Minor Conditional Use Permit Stellar Cellar CUP David Bienvenue A Minor Conditional Use Permit to allow Stellar Cellar to operate a wine bar with indoor live entertainment 28636 Old Town Front Street CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Eric Jones APPROVED 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. The packet will be available for viewing the Friday before the Director's Hearing 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.cityoftemecula.org. 3 DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: North: South: East: West: Total Floor Area /Ratio: N/A Landscape Area /Coverage: N/A Parking Required /Provided: N/A BACKGROUND SUMMARY STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION October, 21, 2009 Eric Jones, Case Planner Planning Application Number PA09 -0076, a Conditional Use Permit for the construction, operation and maintenance of a Verizon Wireless antenna facility mounted on the roof of an existing industrial building located at 42180 Zevo Drive Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities Alexis Osborn RealCom Associates, LLC. Industrial Park (IP) Light Industrial (LI) Site: Existing Storage Facility /Light Industrial (LI) Zevo Drive, Vacant Lot /Light Industrial (LI) Existing Storage Facility /Light Industrial (LI) Existing Public Utility /Public- Institutional Institution (PI) Existing Industrial Use /Light Industrial (LI) Existinq /Proposed 2.24 Planning application PA09 -0076 was submitted by RealCom Associates, LLC on February 27, 2009. An alternative site located at 42210 Zevo Drive was originally considered for this project Min /Max Allowable or Required N/A N/A N/A N/A (PA08- 0061). However, this application was withdrawn by the applicant due to structural compatibility issues with the existing building on that site. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant is requesting a Conditional Use Permit to construct a Verizon Wireless telecommunication facility on the roof of an existing industrial structure located at 42180 Zevo Drive. Verizon Wireless proposes to place a nine -foot seven -inch fiberglass screen wall that will match the existing structure to conceal the antennas. This continuity will be achieved by ensuring the screen wall color and texture match the existing building. The wall will be placed along the southern edge of the structure. In addition, the wall will wrap around the east and west elevations for 20 feet and then move inward for ten feet. This will ensure the antennas are screened from public view. Support equipment for the facility will also be concealed from public view since nearly all of it will be placed inside the building within a masonry structure totaling 240 square feet. Two air conditioning condensing units will be placed immediately outside on the southern elevation. These units will be shielded from public view by an existing light industrial building located immediately to the south on the adjacent property. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 10, 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. 15303, Class 1 Existing Facilities. The project consists of a minor alteration to an existing private structure, The alteration includes a nine -foot seve -inch screen wall to hide telecommunication antennas. Nearly all of the equipment for the facility will be placed inside an existing industrial building within a masonry structure. Only two air conditioning condensing units will be placed outside. The project site and surrounding area have already been developed and are not environmentally sensitive. FINDINGS Conditional Use Permit (Code Section 17.04.010.E) The proposed Conditional Use is consistent with the General Plan and the Development Code. The proposed use is consistent with all the requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, staff has reviewed the project and determined that it is in conformance with all requirements of the General Plan. 2 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 uses, buildings or structures. By using the screening wall as well as placing nearly all support equipment inside the existing structure, the project is designed to have negligible impact on surrounding uses. 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. The site for the 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. Staff has reviewed the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the site for the conditional use is adequate to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The wireless antennas will be placed on the roof top of an existing structure and screened from view by a nine -foot seven -inch wall. In addition, most equipment for the facility will be housed inside the existing structure. This will prohibit unauthorized access to the facility. In addition, the project has been reviewed and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, safety and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the use is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A Draft Conditions of Approval Notice of Public Hearing 3 verin WIRELESS ZEVO 42180 ZEVO DRIVE TEMECULA, CA 92590 ZONING DRAWINGS Inca WO/ esign ARCHITECTS M. 290 8. 4:444944 97800? C0 0* Llrowu 42319 1 el 011.20 P AX, 9 1.991-99]4 511E 4044E AND ADDRESS ZEVO 4210 ZEVO CANE 1B.EOU CA 92590 veriLA WIRELESS 9'453 SWO G9WN AVENUE 809047 0. 181. FLOOR IRVINE. CA 52418 CURRENT ISSUE MIL OT'FOD ISSUED E05 ZCNNO SEVEN APPROVALS Ery se wan, ODOM dIP- 6 m 1 CP e own st. J.W. 54447 71110 IR-E seT PROJECT DATA MD NCNTY MAP SHEET NU9BER T -1 m �t y d F� 41' O SHEET NO. SHEET TRLE REVISIONS INTER -amcE fl !ƒ »§q|% f \k M\Pi A DATE ISSUED BN. DESCRIPTION 2/81/09 4EPo2011 8. nog M Ix Na. 19 2 8/845/08 HWEIXI 0. 179 Sb 1 944 a 84 Ve 7/ IE Revised O d 10-1 w094 10 -I -W VE9309 9880 Added Screen CMUEHR: GENERAL NOTES VICINITY MAP SHEET INDEX OWNER: ARCHRECT: •S•0 of 710 taws agile. o20» 2323 4 1p00µ/, CA 42090 Gown. 0µ1P9029]GT ION045 Dm* MOW T PAN e, x1409: APPLICANT: SURVEYOR: vowlap WIRELESS Twee M •f X 01 1 801.8. 19009 ewe 0922 Ave. ATE 9 1 WW1*. 790 9260 whoa 72 4x14 nee nw 200ro00 APPLICANT REPRESENTATNE: RE+LCOM ASSOCLAWS. LLC 9nls 9A4e 145T40 44I44 24° 70LeCa.w410109 w 41141946431 3PLxs (14910191152 w 'setae. [WW M V 2094112 APPROVAL AGENCIES �q 1 114 I !Or[ i N11 d E h &'hR .A DATE 1uuED 6Y: DESCRIPTION H j jh1 r 1 R'|: 1 COMMENTS: APPLICABLE CODE SCOPE OF WORK PROJECT TEAM PROJECT TRACKING verin WIRELESS ZEVO 42180 ZEVO DRIVE TEMECULA, CA 92590 ZONING DRAWINGS Inca WO/ esign ARCHITECTS M. 290 8. 4:444944 97800? C0 0* Llrowu 42319 1 el 011.20 P AX, 9 1.991-99]4 511E 4044E AND ADDRESS ZEVO 4210 ZEVO CANE 1B.EOU CA 92590 veriLA WIRELESS 9'453 SWO G9WN AVENUE 809047 0. 181. FLOOR IRVINE. CA 52418 CURRENT ISSUE MIL OT'FOD ISSUED E05 ZCNNO SEVEN APPROVALS Ery se wan, ODOM dIP- 6 m 1 CP e own st. J.W. 54447 71110 IR-E seT PROJECT DATA MD NCNTY MAP SHEET NU9BER T -1 PARrFl MAP Na 28471-1 PM 100 855-08 PARrFI 36 3364 300-300905 PARCEL MAP No. 21353 PM 157 16-85 PARCEL 03 0•13 303410475 PARCEL MAP No 214471 -1 P.M 180 95-00 pARrn 34 APN 243-300 A1 eN.ETE AC V AS i3 1641 roc LOC at Or 00005a 7.10 ta a lama utak vow. no Roo oow 000e oar oor. Gomm mom son sna cum our a OF cura cur a OF Cam* 0e oF 601/0 pita MERZP 02APN 0 SCALE PARCEL MAP No. 27335 PM 776 85 -85 PARCEL 1 DOE or 01AEr: Kraal' 0. al WE WWI' PERFORMED MI MPBuEwlnyera 17021 SKY PARK WNxF. 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FLOOR IRVINE, G 03010 ZEVO 42003W COVE MEDIA, CA 91980 CV XPEM 653E 007 WE SURVEY DMA AND E%O1N0 ME PLAN 2 OF 9 103440 sUED 00050v00$ Oka en NAL MEM PEVEW 021409 C -1 No 0050 3014°°2 00 PARrFl MAP Na 28471-1 PM 100 855-08 PARrFI 36 3364 300-300905 PARCEL MAP No. 21353 PM 157 16-85 PARCEL 03 0•13 303410475 PARCEL MAP No 214471 -1 P.M 180 95-00 pARrn 34 APN 243-300 A1 eN.ETE AC V AS i3 1641 roc LOC at Or 00005a 7.10 ta a lama utak vow. no Roo oow 000e oar oor. Gomm mom son sna cum our a OF cura cur a OF Cam* 0e oF 601/0 pita MERZP 02APN 0 SCALE PARCEL MAP No. 27335 PM 776 85 -85 PARCEL 1 DOE or 01AEr: Kraal' 0. al WE WWI' PERFORMED MI MPBuEwlnyera 17021 SKY PARK WNxF. CfORNI O02 51; N2 L w 0:100 0049 250-0272 T340) 250 -0375 00O92; ee.menrwpm:em PARCEL D4 POPE PARCEL APO 006410.074 0/030F ]Lwmv.x 0 533 320 T =OEM WC amawm acmw 60 RUMOR p LA u *066' LONIMOD MOUND ELLYAMW 0 PROPOSED M6RgW Elev. 1036.0 FEET 931150.00 Dn. 1034.095 RR 73340.4 0 4064®1 afar rw wn -mr�a (Lamm 3.2113.3 cow. 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OTAlieti elan SIMONE as 1 VERIZON NIIQLtl9 gw[G1100I1 µ2w65) 9MOTO& (6) ANTEINLAS. mIR 9067014 ON µ240.b tt)Nl w 0 6b MI„ TA VERIZON WIRELESS ANTENNA AZIMUTH CONFIGURATION a6u6mg 40 a lgn ARCHITECTS 250 E. hc. Nc0)0 31420? ro 0 Au4v14 SITE 14WE AND ADDRESS ZEVO CEO 2E0OWE maw,. CA 02500 vermin WIRELESS 15505 SAND CWION RhMl6 MHE. CA 0203 FLOOR 1 4 CURRENT ISSUE DATE: 12.1-00 ISSUED FOR: ZONNO NEEW 24024411 LENOLORD Mean 10/1 MAAR 00001 Bri 44 6 OF 6 02 -24-00 SNER 1RLE ANTENNA WECRCA7g AND ANTENNA AZIMUTH 00NRf1NATON 2111E7 MUY0ER A -4 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0076, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A VERIZON WIRELESS ANTENNA FACILITY MOUNTED ON THE ROOF OF AN EXISTING INDUSTRIAL BUILDING LOCATED AT 42180 ZEVO DRIVE (APN 909 360 -035) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 27, RealCom Associates, LLC filed Planning Application No. PA09 -0076, Conditional Use Permit to construct, operate and maintain a wireless antenna facility 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 21, 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. PA09 -0076 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 17.04.10.E. 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 proposed use is consistent with all requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, staff has reviewed the project and determined that it is in conformance with all requirements of the General Plan. 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 uses, buildings or structures; By using the screening wall as well as placing nearly all support equipment inside the existing structure, the project is designed to have negligible impact on surrounding uses. The City's telecommunication consultant has review the proposal and has determined that the antenna location is appropriate and is in compliance with FCC safety rules and regulations. C. The site for the 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the site for the conditional use is adequate to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The wireless antennas will be placed on the roof top of an existing structure and screened from view by a nine -foot seven -inch wall. In addition, most equipment for the facility will be housed inside the existing structure. This will prohibit unauthorized access to the facility. In addition, the project has been reviewed and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, safety and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the use is based on substantial evidence in view of the record as a whole before the Planning 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 15301, Class 1 Existing Facilities); The project consists of a minor alteration to an existing private structure. The alteration includes a nine -foot seven-inch screen wall to hide telecommunications antennas. Nearly all of the equipment for the facility will be placed inside an existing Industrial building within a masonry structure. Only two condensing units will be placed outside. The project site and surrounding area have already been developed and are thus not environmentally sensitive. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0076, A Conditional Use Permit for the construction, operation and mainteance of a Verizon Wireless antenna facility mounted on the roof of an existing industrial building located at 42180 Zevo Drive, 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 21 day of October 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Stanley Harter, Chairman 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 21 day of October 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA09 -0076 Project Description: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Assessor's Parcel No.: 909- 360 -035 MSHCP Category: Exempt DIF Category: NIA TUMF Category: NIA Approval Date: October 21, 2009 Expiration Date: October 21, 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 A Conditional Use Permit for the construction, operation and maintenance of a Verizon Wireless facility mounted on the roof of an existing industrial building located at 42180 Zevo Drive 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 instrumentalitythereof, 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 with the Planning Department. PL -7. The applicant shall paint a three -foot by three -foot section of the building for Planning Department inspection, prior to commencing painting of the building. 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 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. MATERIAL COLOR Fiberglass Screen Wall Match Existing PL -9. The applicant shall comply with their Statement of Operations dated February 27, 2009, 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 Prior to Issuance of Building Permit(s) 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. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -13. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right -of -ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 23, 2009, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 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. Submit three copies of the plans and structural calculations for proposed 18 wireless antennas mounted on the roof of building to the Building and Safety Department for review and approval. The structural plans and calculations shall be wet signed by the engineer of record. B -4. Submit two copies of plumbing and electrical plans for any proposed work for review and approval. The plumbing and electrical plans shall be stamped and wet signed bya registered professional engineer or architect licensed bythe State of California or bythe licensed electrical contractor completing the work. B -5. Obtain all building plans and permit approvals prior to commencement of any construction work. B -6. Show all building setbacks. B -7. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Code 9.20.060 for any site within one quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday-Friday from 7:00 a.m. -6:30 p.m. and Saturday from 7:00 a.m. -6:30 p.m. No work is permitted on Sundays or Government Holidays. B -8. A pre- construction meeting is required with the building inspector prior to the start of building construction. COMMUNITY SERVICES DEPARTMENT CS -1. 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 F -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. 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. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4) Prior to Issuance of Building Permit(s) F -3. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. Sprinklers in the new one -hour storage area will be required. These plans must be submitted prior to the issuance of building permit. F -4. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. This permit is required for any modifications, which includes adding or subtracting any fire alarm devices. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F -5. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. F -6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6- inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F -7. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). F -8. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable. POLICE DEPARTMENT PD -1. Applicant shall ensure any trees surrounding the structure rooftop be kept at a distance to deter roof accessibility by "would -be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six -foot clearance from the structure. PD -2. All existing exterior lighting to the structure must be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -3. All exterior doors to have their own vandal resistant fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -4. All exterior night lighting shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -5. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non business hours. The order, in part, states, "All California retail establishments, including but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Title 24, Part 6, of the California Code of Regulations. PD -6. All doors, window, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -7. Any graffiti painted or marked upon the structure should be removed or painted over within twenty -four (24) hours of being discovered. Report all crimes to the Temecula Police 24 -hour dispatch center at 951 696 -HELP. PD -8. Any roof hatches shall be painted "International Orange PD -9. Crime prevention through environmental design (CPTED) as developed bythe National Crime Prevention Institute (NCPI) supports the concept that the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: PD -10. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi public to private space. PD -11. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. PD -12. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. PD -13. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -14. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -15. Contact the Crime Prevention and Plans Unit if you have any questions relating to these conditions at 951 506 -6793. PUBLIC WORKS DEPARTMENT PW -1. 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 -2. All grading and related activities shall conform to the Temecula Municipal Code Title 18, Grading, Erosion and Sediment Control. PW -3. The developer shall obtain an easement for ingress and egress over the adjacent property. C NTY OF RIVE R`SI`)E COMI NITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 23 March 2009 RE: PA09 -0076 The Department of Environmental Health (DEH) has received and reviewed the PA09- 0076 for the Minor Conditional Use Permit accompanied with an Antenna Facility application under the applicant: Verizon Wireless Telecomm. (Alexis Osborn) The development plan application for a proposed 41 foot high Verizon Wireless teleconununications unmanned facility located at 42180 Zevo Drive. The 12 antennas will be incorporated into an existing industrial building. (APN 909 360 -035) 800 square feet of the existing structure will need to be modified to accommodate the antenna and support equipment. 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 Sincerely, Gregor Dellenbach, REHS EHS090282 ($234.00) Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below Notice of Public Hearing PA09 -0076 RealCom Associates, LLC Planning Application No. PA09 -0076, a Conditional Use Permit for the construction, operation and maintenance of a Verizon Wireless antenna facility mounted on the roof of an existing industrial building located at 42180 Zevo Drive 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 15301, Class 1 Existing Facilities) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers October 21, 2009 6:00 p.m. Feet t 7 Notice of Public Hearing 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, cr 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).