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HomeMy WebLinkAbout11-007 PC Resolution PC RESOLUTION NO. 11-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0188, A CONDITIONAL USE PERMIT FOR NEW PATH/CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM-03) IN THE CITY OF TEMECULA RIGHT-OF-WAY ON THE SOUTHWEST SIDE OF MARGARITA ROAD, APPROXIMATELY 850' SOUTHEAST OF PAUBA ROAD Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 17, 2010, Maximize Gommunications Group on behalf of NewPath/Crown Castle filed Planning Application No. PA10-0188, 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 March 16, 2011, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA10-0188 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this 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, the project is in conformance with the all the requirements of the General Plan and with al( applicable requirements of state law and other ordinances of the City. B. The proposed conditional use is compatible with the nature condition and developrnent of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect uses, buildings or structures; The antenna has been located and designed to match existing street lights already located in the City right=of-way. The project is designed to have negligible impact on surrounding uses. C. The site for the proposed conditional use is adequate in size and shape to accommodafe 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 Councif in order to integrate the_ use with other uses in the neighborhood; Based on the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code,. the site for the conditional use is adequate to accommodate required 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 located in the City right-of way and tlie 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, and the proposed project is consistent with the requirements outlined in the Development Code,.and Building and Fire Codes, which contain provisions to protect 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 Fermit 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 wifh the approval of Planning Application No. PA10-0188, a Conditional Use Permit to install a new 40' high concrete street light pole as part of a wireless distributed antenna system (DAS) in the City of Temecula right-of-way: A. Pursuant to California Environmental Quality Act (``CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the , Conditional Use Permit Application, as described in the Initial .Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as reguired by law. The public comment period commenced on February 14, 2011, and . expired on March 15, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Flanning, located at City Hall 41000 Main Streefi, Temecula, California 92589. C. Written coi�nment(s) were recei�ed prior to the public . hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Gommission has reviewed the Mitigated Negative Declaration and a(I comments received regarding the Mitigated Negative Declaration prior to and at the March 16, 2011 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with � CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration ceflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution; the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this pr.oject. Seation 4. Conditions: The Planning Commission of the City of Temecula approves Planning Application No. PA10-0188, a Conditional Use Permit to install a new 40' high concrete street light pole as part of a wireless distributed antenna system (DAS) in the City of Temecula right-of-way on the southwest side of Margarita Road, approximately 850' southeast of Pauba Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16 day of March 2011: �� � �- Pat Kight, Chairman � ATTEST: Patrick Richardson, Secretary �. _ � _ ' :.., . [SEA��]� . � � . . . .J' � . . . - . . . . , . , ' - � .1� .. � . . ' ' . . - - . . . . . - . . . . . � . . . 1 . . � " " ...1 . . . . : . _ _ . . ' . . ' ' . . . . ' . . . . . . . . . . I . ' ' ' .. . _ � . � . . . . . � - ' / . '_^ . , ! ' J � ` �ti . ' , . . . . _ . . . ' ' , , ' STATE OF,�pLIFORNIA ) " . ",,�- .COUNTY ��� RIVERSIDE )ss CiTY OF TEMECULA ) I, Patrick .Richardson, Secretary of the Temecula Planning Commission; do hereby certify that the forgoing PC Resolution No. 11-07 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16 day of March 2011, by the foJlowing vote: AYES: 5 PLANNING COMMISSIONER$: 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 , FINAL CONDITIONS OF APPROVAL . EXHIBIT A CITY OF TEMECULA _ FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0188 Project Description: A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-03) in the Ciry of Temecula right-of-way on the southwest side of Margarita Road, approximately 850' southeast of Pauba Road Assessor's Parcel No.: City of Temecula publicly owned right-of-way ' MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16, 2011 Expiration Date: March 16, 2013 � 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 Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty-Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four pollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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 due to 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 Citjr 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 approva� 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 theceafter diligently pursued to completion, or the beginning of subsfantial utilization contemp(ated by this appr.oval. PL-5. . 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. RL-6: The developmenf of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department: PL=7. 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 afi all times. PL-8. The Conditions of Approval specified in this resolution; to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to rejecf the request to substitufe, 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 Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way PL-9. The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, 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 cond_itionally 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-12: The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL-13. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March , 16, 2011) , . Prior to lssuance of Building, Encroachment, oc Right-of-Way Permits PL-14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of tfie 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 the City, in o�der 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-15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Fac'rlity 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-16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS-1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre-construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS-2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. � BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. 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-3. Obtain all building plans and permit approvals prior to commencement of any ' construction work. At Plan Review Submittal ' B-4. 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-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT � General Requirements , PW-1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. , ; PW-2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW-3. A Right-of-Way Agreement shall be executed 6etween the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW-4. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17:40.110 of the Municipal Code. PW-5. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best managemenY practices as required by the state's Water Quality Control Board and City Ordinance. � PW-6. Sfieet T2 — Standard Trenching Notes No. 3, 4 and 5. The .City does not allow slurry backfill. Compacted riative backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public WorksStandacd Drawing No. 407 and 407A. P1N-7. Applicantshall meet all regulations governing minimum distance A.G.L_foc antennas. PW-8. Depth of coyer over conduit shall be a minimum 36 inches.. . PW-9. Street light pole shall be a minimum 4 feet clearbetween face of pole and face of curb to meet ADA. PW-10. Each locafion shall be separately permitted for encroachment into the cight-of-way. The number active Encroachment Permits at any given time shall be limited based on the availabilify of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improVements at previously permitted locations.