HomeMy WebLinkAbout09-023 PC ResolutionPC RESOLUTION NO. 09 -23
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.
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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ZIX/e" s
Stanley Harter, Chairman
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09 -23 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: 3 PLANNING COMMISSIONERS: Carey, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Kight
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA09 0076
Project Description:
Assessor's Parcel No.: 909 360 035
MSHCP Category: Exempt
DIF Category: N/A
TUMF Category: N/A
Approval Date: October 21, 2009
Expiration Date: October 21, 2011
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL 1.
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
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
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48 -hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
General Requirements
PL -2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the
City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
PL -3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL -4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL -5. The Planning Director may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one -year extensions of
time, one year at a time.
PL -6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file 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 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.
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)
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
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 -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 by a
registered professional engineer or architect licensed by the State of California or by the
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 by the 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 RIVERSIDE CO NITY HEALTH AGENCY
Z
Ebb.
D E PARTM E N T OF E H EALTH
City of Temecula
Planning Department
do 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
telecommunications 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)
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