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HomeMy WebLinkAbout121609 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]. PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS NOTICE TO THE PUBLIC CONSENT CALENDAR 1 Minutes RECOMMENDATION: TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 16, 2009 6:00 PM Earlene Bundy Guerriero Carey, Guerriero, Harter, Kight, and Telesio 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. 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.. 1 Next in Order: Resolution: 09 -30 1.1 Approve the Minutes of December 2, 2009 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report COMMISSION BUSINESS 3 Elect Chair and Vice Chair for 2010 RECOMMENDATION: PUBLIC HEARING ITEMS 4 CONTINUED FROM NOVEMBER 18, 2009 MEETING: Planning Application No. PA08- 0117, a Conditional Use Permit and Antenna Facility Application for a cell tower developed as three 35 -foot flaq poles with an equipment enclosure located 45100 Redhawk Parkway, Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0117, A CONDITIONAL USE PERMIT AND ANTENNA FACILITY APPLICATION FOR A TELECOMMUNICATIONS FACILITY DEVELOPED AS THREE 35' FLAG POLES LOCATED AT 45100 REDHAWK PARKWAY (APN 962 040 -012) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 6, 2010, 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.cityoftemecula.orq. 2 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 RECOMMENDATION: ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 2, 2009 6:00 PM Earlene Bundy Carey 2.1 Adopt a resolution entitled: Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 2009 -28 Approve the Minutes of November 18, 2009 APPROVED 4- 0 -0 -1, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL, HARTER ABSTAINED 2 Planning Application No. PA09 -0301, an Extension of Time application for Planning Application No. PA07 -0176, a Development Plan to expand the Stage Stop Center located at 28464 Old Town Front Street, Dana Schuma APPROVED 5 -0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PC RESOLUTION 09 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0301, THE FIRST ONE -YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA07 -0176) TO EXPAND THE TEMECULA STAGE STOP COMPLEX LOCATED AT 28464 OLD TOWN FRONT STREET (APN 922 023 -022) 3 Planning Application No. PA08 -0232, a Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas on a new ninety 93 -foot monopine, and four (4) BTS radio equipment cabinets to be housed in a new eight (8) foot combo CMU wall and chain link fence, located at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road, Cheryl 1 Kitzerow /Matt Peters APPROVED 5 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0232, A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS ANTENNA FACILITY CONSISTING OF A NEW 93 -FOOT MONOPINE AND ASSOCIATED EQUIPMENT CABINETS AT TEMECULA CREEK INN GOLF COURSE LOCATED AT 44501 RAINBOW CANYON DRIVE (APN 922 220 -031) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, December 16, 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 November5, 2009 PA09 -0227 A Conditional Use Permit to operate a Penske truck rental facility in and existing industrial building K/G Architects APPROVED TO: Planning Commission FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: December 16, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for November 2009 Attachment: Action Agenda CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM 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 November 5, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Planning Director 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. C:1Program Files\Neevia.Com\Document Converter\temp1955632.doc PA09 -0227 Conditional Use Permit Penske Truck Rental CUP K/G Architects A Conditional Use Permit to operate a Penske truck rental facility in an existing industrial building 27565 Diaz Road CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Dana Schuma APPROVED COMMISSION BUSINESS ELECT A NEW CHAIR AND VICE CHAIR 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 STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION December 16, 2009 Eric Jones, Case Planner Planning Application Number PA08 -0117, a Conditional Use Permit and Antenna Facility Application for a cellular telecommunications facility developed as three 35 -foot flag poles located at 45100 Redhawk Parkway Approve with Conditions Categorically Exempt Section 15303, Class 3 New Construction or Conversion of Small Structures Monica Moretta, Sequoia Deployment Services Inc. Open Space (OS) Redhawk Specific Plan (SP -9) Site: Existing Golf Club House and Course /Open Space Existing Parking Lot/Open Space Existing Golf Course /Open Space Existing Golf Club House and Course /Open Space Existing Parking Lot and Residential /Open Space Low Medium Residential Existinq /Proposed 99.97 Acres Min /Max Allowable or Required N/A N/A N/A N/A BACKGROUND SUMMARY On May 22, 2008, Monica Moretta submitted Planning Application PA08 -0117 on behalf of Sequoia Deployment Services. This application originally consisted of a T- Mobile telecommunications antenna disguised as one 50 -foot tall flag pole. After considering several other locations for the facility, the design was changed to incorporate three 35 -foot flag poles. 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 wireless telecommunication facility within an existing golf course located at 45100 Redhawk Parkway. The City of Temecula Development Code (Chapter 17.40) stipulates requirements to ensure all telecommunication facilities blend in with their surrounding environment. The project proposed by the applicant has met these requirements and ensured that the mono poles and support equipment are designed in a manner that provides as little impact as possible with the surrounding environment. Antennas for this facility will be placed within three 35 -foot high mono poles disguised as flag poles near the existing golf club house. These flag poles will be located within an existing landscaped area on the west side of the structure. The applicant will place an additional nine shrubs around the base of the antennas to better screen the area. Support equipment for the wireless telecommunications facility will be placed within a new 200 square foot enclosure attached at the southwest corner of the club house. Walls for the enclosure will match the existing structure in texture and color. This matching of finishing materials will provide for an inconspicuous equipment enclosure. The enclosure will also feature a metal gate to allow T- Mobile technicians access to the facility. Staff and the City's telecommunication consultant have reviewed the plans and ensured the project is in compliance with all applicable requirements. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 7, 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 15303 Class 3, New Construction or Conversion of Small Structures. The project consists of the installation of three 35 -foot high telecommunication poles disguised as flag poles. In addition, a small equipment enclosure will be constructed at the rear of an existing golf club house. The project is in an urbanized area that has already been developed and is thus not environmentally sensitive. 2 FINDINGS Conditional Use Permits (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, the project is in conformance with all requirements of the General Plan. 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. By using a flag pole design as well as placing all support equipment within an enclosure incorporated as part of the existing golf club house, the project is designed to have negligible impact on surrounding 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 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 other 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 disguised as three flag poles. As conditioned by Building and Safety, Fire Prevention, and Police Department the use will not be 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 SITE NUMBER: IE04855E SITE NAME: REDHAWK GOLF CLUB SITE TYPE: RAWLAND T -1 TITLE SHEET I TOPOGRAPHIC SURVEY LS -2 BOUNDARY SURVEY SITE PLAN A -2 ENLARGED SITE PLAN A -3 ARCHITECTURAL ELEVATIONS A -4 ARCMTECTURAL ELEVATIONS PLANTING AND IRRIGATION PLAN L -2 LANDSCAPING DETAILS AND SPECIFICATIONS II APPROVALS: 4 vwr O Z CITY: TEMECULA COUNTY: RIVERSIDE JURISDICTION: CITY OF TEMECULA [obile SECTOR )NFIGUR r AZIMUTH CENTERLINE N O* Cga,y RO �l I y m y m CODE CODE CAL COVE ETV CODE NEPA-101 IC CODE CODE N E (DNA EE): APPLICABLE CODES ATION INN v 8 ORMATION v N OF ANTENNAS J 2006 T. THOMAS E N RvERS10E LOU., PAGE: 979 GRID F EJ an z Tu9ax- ss�s -Rxu it ANTENNA MODEL N g ER: 1510YYI COMPANY: VERIZON km/ SCE 1:(451)20 -9490 9 i OME: HOURS GUIDE 4. RIVERSIDE COUNTY R E3 POWER TELCO UTILITY CONTACTS 6 OF COAX LINES H COAX DIAMETER �n oa 6000 GSMNMTS 499/NM15 TECHNOLOGY EP z rh COAX LENGTH SHEET NUMBER T -1 —SHEET TITLE: TITLE SHEET SEAL: CONSULTANT: SEQUOIA t N T Mobile Get more from life 3257 X MAST, P.D. HYPE DO ONTARIO.. 9 re INFORMATION: 1E04855E IEDHAWK GOLF CLUB 451 HAWI4 PARKWAY EM CA 92392 8/20/09 8/14/09 7/31/09 7/31/08 4 /4 /08 1 /18 /011 1/03/08 12/28/07 12/ 17/07 1 7/19/07 DATC 7/13/07 I 900 CONSTRUCTION CLIENT REVISIONS CLIENT REVISIONS 1 UTILITY REVISIONS ORM REVISIONS CLIENT REVISIONS CLIENT REVSION5 CLIENT REVISIONS CLIENT REVISIONS CLIENT REVISIONS DESCRIPTION: CLIENT REVISIONS FAR FAR FAR I FAR I JSM FRF I FRET FRF FRFI BY: FRF 0 cn c 0 33 C m 0 0 F4' I xev 1 ou 1 samon_1,2,1 L'u 111111 1111111111111 InI1M7VEM Ciil.W7MEM 111:11M7711. •11 nal7R .11 nrormw 144 0130213010311002 ii 0 ovrai STEM 1111.0 EIDE h 41111 WIrrIEL611 nn WIIIIHMM Enirminr. 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IIIIMIEIBECIOSISIIIIMEIMMIllklellERIZILIMINIMMLIMIERILINIII■ P8 11„ 1 4 te$ C /ir [q1411J eill& 6_4v N_ e e Alb ENLARGED SITE PLAN I I 1 Gz z iiigiiirlz :..,-r.z...,— di..* s s Ai, i 7,1 6 ,F- g '...'i r 1 a' 1 r• 'IC'7'' r ,.„5„••...54i f N. (r 6- l 0 J NEW T-MOBILE LEASE AREA —SHEET NURSER A-2 —SHEET TWLE. ENLARGED SITE PLAN —SITE INFORMATION. 1E04855E REDHAWK GOLF CLUB 43100 MOHAWK PARKWAY TEMECULA, CA WSW 12 8/28/09 III] 8/14/09 8 ,0 7 1/16/. 6 1/08/08 5 12/28/07 4 12/17/07 I 3 7/19/07 I 1 —CONSULTANT: EQUOIA IVENTuRE=Er.wW LAMM 1 T —Mobile.. Get more from life" 7/31/09 7/31/08 4/4/08 I 909 CONSTRUCTION CLIENT REVISIONS CLIENT REVISIONS UTILITY REVISIONS ORU REVISIONS CLIENT REVISIONS CLIENT REVISIONS CLIENT REVISIONS CLIENT REVISIONS CLIENT REVISIONS —DESCRIPTION: CLIENT REVISIONS I FAR I FAR I FAR I FAR JSAA FRF FRF FRF FRF -WO EAST ELEVATION I, SOUTH ELEVATION I r /:M=d 1 c7 77 EHX. ATIT.L., 11111011111.1 ill/ al 11111111•611■11WW111•111F=T MSTRIG SVC 5 RADON Vl, M. 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The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 22, 2008, Monica Moretta (Sequoia Deployment Services) filed Planning Application No. PA08 -0117, a Conditional Use Permit for a wireless facility 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 on November 18, 2009, continued the Application to the December 16, 2009 meeting. The Planning Commission considered the Application and environmental review on December 16, 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 -0117 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: 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 the requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, the project 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 the adjacent uses, buildings or structures; By using a flag pole design as well as placing all support equipment within an enclosure incorporated as part of the existing golf club house, the project is designed to have negligible impact on surrounding 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; Staff has reviewed the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the other 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 disguised as three flag poles. As conditioned by Building and Safety, Fire Prevention, and Police Department the use will not be 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 (Section15303, Class 3 New Construction or Conversion of Small Structures); The project consists of the installation of three 35 -foot high telecommunication poles disguised as flag poles. In addition, a small equipment enclosure will be constructed at the rear of an existing golf club house. The project is in an urbanized area that has already been developed and is thus not environmentally sensitive. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08 -117, a Conditional Use Permit and Antenna Facility Application for a telecommunications facility developed as three 35 -foot high flag poles located 45100 Redhawk Parkway, 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 16th day of December 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 16th day of December 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA08 -0117 Project Description: Assessor's Parcel No.: 962- 040 -012 MSHCP Category: Exempt DIF Category: NIA TUMF Category: Exempt Approval Date: December 16, 2009 Expiration Date: December 16, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Conditional Use Permit and Antenna Facility Application for a telecommunications facility developed as three 35 -foot flag poles located at 45100 Redhawk Parkway 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)). 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. This project and all subsequent projects within this site shall be consistent with Specific Plan No. SP -9 (Redhawk). PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. 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 -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -10. 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 -11. 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 Equipment Enclosure Wall Match Existing Color and Stucco Texture PL -12. The applicant shall comply with their Statement of Operations submitted October 29, 2009 on file with the Planning Department, unless superseded by these Conditions of Approval. PL -13. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -14. 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. PL -15. The project shall fully comply at all times 36 USC 10 et seg ('The Flag Code regarding its display of the U.S. Flag to be flown on the mono -flag pole. The requirements of the Flag Code shall also apply to all three flags to be displayed at this project regardless of the actual flag flown. Prior to Issuance of Grading Permit(s) PL -16. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation /construction of the site, archaeological /cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his /her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and /or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological /cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -17. The following shall be included in the Notes Section of the Grading Plan: "No grubbing /clearing of the site shall occur prior to scheduling the pre grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on -site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on -site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL -18. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -19. 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 -20. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended bythese conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -21. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi fora minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head -to- head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicantlowner shall contact the Planning Department to schedule inspections. PL -22. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -23. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees that will be saved consistent with the Tentative Map. PL -24. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long -term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -25. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head -to -head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant /owner shall contact the Planning Department to schedule inspections. PL -26. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right -of -way equal to 66 feet or larger; and, all landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. PL -27. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -28. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -29. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -30. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his /her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -31. The applicant shall be required to screen all 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 -32. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. OUTSIDE AGENCIES PL -33. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 6, 2008, 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. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03 -01 and the fee schedule in effect at the time of building permit issuance. B -3. 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 -4. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 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 nationally recognized holidays. B -8. Commercial projects like light standards, and block walls will require separate approvals and permits. Prior to Submitting for Plan Review B -9. Obtain street addressing for all proposed buildings. At Plan Review Submittal B -10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B -12. Provide appropriate stamp of a registered professional with original signature on plans. B -13. A pre- construction meeting is required with the building inspector prior to the start of building construction. COMMUNITY SERVICES DEPARTMENT 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. POLICE DEPARTMENT PD -1. Applicant shall ensure all landscaping surrounding the proposed equipment structure and slim line poles are kept at a height of no more than three feet from ground level. Plants, hedges and shrubbery shall be defensible plants to deter would -be intruders from breaking into the structure utilizing lower level entry ways. PD -2. 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 -3. Berms shall not exceed three feet in height. PD -4. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through environmental Design (CPTED). PD -5. 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 -6. All exterior doors shall have their own vandal resistant light fixtures installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -7. All exterior night lighting shall be wall mount light fixtures. PD -8. 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 -9. All door and window locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. Any graffiti painted or marked upon the structure shall 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 -11. 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 -12. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. PD -13. 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 -14. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. PD -15. 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 -16. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. PD -17. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. PD -18. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. PD -19. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clean lines -of sight serve to provide such a perception of surveillance. PD -20. 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 -21. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -22. Contact the Crime Prevention and Plans Unit if you have any questions relating to these conditions at 951 695 -2773. 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 JNTY OF RIVERSIDE COMi•.,iNITY HEALTH AGENCY DEPARTMENT OF E HEALTH City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 6 June 2008 RE: PA08 -0117 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0117 for the Conditional Use Permit and Antenna Facility Application for a cell tower developed as a 50 ft flag pole, under the applicant: T- Mobile Cell Tower Redhawk (Monica Moretta) The development plan application for an unmanned monopole facility with a wall and gate incorporated with the project to conceal equipment located at 45100 Redhawk Parkway. (APN 962 040 -012) Portable water supply and sewerage systems are not normally required. If this condition should change, this department is to be notified for updated recommendations. If your have any questions, please do not hesitate to call me at 951.955.8980 Sin /1/ I regor Dellenbach, REHS EHS080936 Land Use and 'tt er En$ eerirt. JUN 10 2008 i `51! 600 -6180 FAX (951) 600 -6181 Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA08 -0117 Monica Moretta, Sequoia Deployment Services A Conditional Use Permit and Antenna Facility Application for a cell tower facility developed as three 35' flag poles located at 45100 Redhawk Parkway 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 15303, Class 3, New Construction or Conversion of Small Structures) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers November 18, 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) 506 -5115.