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HomeMy WebLinkAbout11-009 PC Resolution PC RESOLUTION NO. 11-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0190, 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-17) IN THE CITY OF TEMECULA RIGHT-OF-WAY ON THE SOUTH SIDE OF VAIL RANCH PARKWAY, APPROXIMATELY _, 145' WEST OF CAMINO PIEDRA ROJO , 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 Communications Group on behalf of NewPath/Crown Castle filed Planning Application No. PA10-0190, 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. PA10-0190 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of thi's 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 all applicable requirements of state law and other ordinances of the City. . � B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect uses, buildings or strucfures; 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 accommodate the yards, walls, fences, parking and loading facilities buffer areas, landscaping; and other development features prescribed in the Development Code and required by the .Planning Commission or City Council in order to integrate the use with other uses in the neighbochood; 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 the project has been reviewed and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, � safety and general welfare of the community, 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 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 Planning Application No. PA10-0190, 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 required 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 #he offices of the Department of Planning, located at City Hall 41000 Main Street, _ Temecula; California 92589. � C: Written comment(s) were received 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 all 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) fhere is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Rlanning Commission. E. Based on the findings set forth in the . Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10-0190, 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 south side of Vail Ranch Parkway, approximately 145' west of Camino Piedra Rojo, 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 16t day of March 2011. '�J� � � Pat Kight, Chairman ATTEST: Patrick Richardson, Secretary � ' ' - �- , � [S EA:�]� . , _ : :,: � . � - �--,. � � . . -:.:, , , �. . - -..; _ - ,. `�.;.. � �� . STATE OF CpI�FORNIA ) . ' ;�:rOUNTY 0���'FtIVERSIDE )ss CIT OF TEMECULA ) I; Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11-09 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 following vote: AYES: 5 PLANNING COMMISSIDNERS: Carey, Guerriero, Harter, Kight; Telesio , NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISStONERS 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.: PA10-0190 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-17) in the City of Temecula Right-of-Way on the south side of Vail Ranch Parkway, approximately 145' west of Camino Piedra Rojo 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 applicanU 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 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 alf 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 fwo years of the approval date; otherwise, it sliall 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 prior to expiration, and for good cause, grant a time extension of up to 3 one-year eztensions of time; one year at a time. PL-6. The development of the premises. shall substantiallq conform to tlie 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 at all times. PL-8. The Conditions of Approval specified in this resolution, to the eztent 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 bethe 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 Plan.ning Commission for its decision. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street ligtits 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 Ciry'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 notlimited 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 Ciry, 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 ahy 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 Issuance of Building, Encroachment, or 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 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 disturbanee of the affected area to immediately cease. The Flanning 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 inspecf 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 arehaeological/ 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 Facility .and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Dir.ector. 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 lightstandards 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 between the Applicant and the City � Council pursuant to Section 17.40.220 of the Municipal Code. FW-4, Applicant shall obtain waiver from Planning Commission to install new poles in accordance with Section 15.04.080 of the Municipal Code. PW-5. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW-6: Applicant shall submit for review and approval a geotechnical report and structural calculations for the proposed antenna pole foundation. FW-7. Sheet T2 - General Notes —Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's: Water Quality Control Board and City Ordinance. PW-8. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that french backfill and �epair shall be irraccordance with City Public 1Norks SCandard Drawing No. 407 and 407A. PW-9. The distance from face of curb to face of footina shall be shown as 1' - 6'` not 1' - 0" per Public Works Standard Drawing 800. PW-10: The top of pole footing shall not protrude above the ground level. PW-11. The face of footing shall be shown to be minimum 1' - 6" from the face of curb per City Standard Drawing 800: PW-12. The New Flexwave Prism is shown 9' — 9" above ground level. The height shall meet all regulations governing minimum distance A.G.L for this item: PW-13. Depth of cover over conduit shall be shown as a minimum 36 inches. PW-14. Each location shall be separately permitted for encroacliment into.the right-of=way. The number active Encroachment Fermits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall 6e issued only after satisfactory restoration and acceptance of public improvemenfs at previously permitted locations.