Loading...
HomeMy WebLinkAbout09-022 PC ResolutionPC 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) 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 (P1) 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 EIR. 5. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08 -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. Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09 -22 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: 5 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: None Carey, Guerriero, Harter, Kight, Telesio None None .4 Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08 -0165 Project Description: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Assessor's Parcel No.: 954 020 -005 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: October 7, 2009 Expiration Date: October 7, 2010 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/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 PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall 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. PL -6. 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 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. 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. 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. 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 staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL -10. The applicant shall comply with their Statement of Operations and Justification, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to Issuance of Building Permit(s) PL -13. The maintenance /facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -14. 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. Except the monopole and monopine, and any antennas 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. Only the City's franchisee may haul demolition and construction debris. CS -2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS -3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F -2. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all- weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F -3. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F -4. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). Prior to Issuance of Certificate of Occupancy F -5. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5, Section 506). PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to 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 for the construction of engineered structures and pavement sections.