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HomeMy WebLinkAbout09-029 PC ResolutionPC 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) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 6, 2008, Royal Street Communications filed Planning Application No. PA08 -0232, a 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 December 2, 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 -0232 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 Park and Recreation Zone. The proposal to construct a telecommunication facility on a multi -user site is encouraged by the Development Code. 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. It is proposed on the western side of the Temecula Creek Inn Golf Course site adjacent to an existing 77 -foot monopine (AT &T) and 40 -foot monopole (T- Mobile) along Interstate 15. The proposed facility will be compatible with the existing monopine facility. No residences are directly adjacent to the facility. There is no demonstrated evidence that 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 and associated equipment. Adjacent to the site is the maintenance facility building for the Temecula Creek Inn Golf Course. The existing site conditions are adequate in size and shape to integrate the new 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, wireless telecommunication facilities and antennas are not known to emit hazardous substances or emit amounts of radiofrequency energy (RF) above permitted levels as regulated by the Federal Communications Commission. E. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The project has been completely reviewed, as a whole, in reference to all applicable codes and Ordinances 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 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 within the Public Park and Recreation Zone. 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 556 square foot lease area site surrounded by an existing golf course and driving range 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. The project site is located within a Multiple Species Habitat Conservation Area (MSHCP) Criteria Cell; however, no conservation is proposed or required. A Joint Project Review was conducted and the project has been determined to be consistent with the MSHCP. 4. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Development of this type, a wireless monopine facility, does not generate traffic, create 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 -0232, a Conditional Use Permit for a wireless facility including a 93 -foot monopine and associated equipment located at 44501 Rainbow Canyon Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Planning Commission this 2nd day of December 2 [SEAL] Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Patrick Richardson, Secretary STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA 9. Stan e Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09 -29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of December 2009, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: 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 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA08 -0232 Planning Application Number PA08 -0232, a Conditional Use Permit/Antenna Facility Application for Metro PCS for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas, four (4) BTS radio equipment cabinets and one microwave dish with antennas attached to a new 93 -foot monopine and the equipment cabinets are to be housed in a new enclosure that is a combination eight (8) foot CMU wall and chain link fencing at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road 922 220 -031 N/A N/A N/A December 2, 2009 December 2, 2011 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 PL-4. PL-5. PL-6. PL-7. PL -9. PL -11. 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. 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. The Planning Director may, upon an application being filed 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 PA08 -0232 with the Planning Department. 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. 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. The applicant shall comply with the approved Statement of Operations and Justification 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. 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 -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. PL -13. Construction Plans shall show and 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 -14. Construction Plans shall show and project shall be constructed that all antennas installed on the monopine shall be permanently covered by pine needle socks. PL -15. 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 -16. Construction Plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL -17. The construction plans shall specify with a note that construction plans are consistent in design, scope and proposed execution of the approved photo simulations produced by Artistic Engineering submitted to the City of Temecula in this Planning Application No. PA08 -0232. PL-1 8. Construction Plans shall show and project shall be constructed so that the height of the overall wireless facility (from grade to the extreme top of the facility inclusive of the cement pad and all branches) shall not exceed a height of 93 feet. PL -19. The lowest branch on the monopine cell tower shall never be above the height of the immediately adjacent real trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -20. 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). F -6. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and /or signs (CFC Chapter 5, Section 503.3). PUBLIC WORKS DEPARTMENT General Requirements 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. POLICE DEPARTMENT General Requirements PD -1. PD -2. 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. 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 (OPTED). PD -5. All existing exterior lighting to the structure must be in compliance with Mount Palomar Lighting Ordinance 655. PD -6. 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 -7. All exterior night lighting shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. 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, 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 doors, window, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. 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 -11. Any roof hatches shall be painted "International Orange." PD -12. 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 -13. 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 -14. 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 -15. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. PD -16. 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 -17. 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 -18. 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 -19. 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 -20. 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 -21. 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 -22. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -23. Contact the Crime Prevention and Plans Unit if you have any questions relating to these conditions at 951 695 -2773.