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HomeMy WebLinkAbout11-048 PC Resolution PC RESOLUTION NO. 11-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING ' APPLICATION NO. PA11-0124, A CONDITIONAL USE PERMIT FOR NEWPATH/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-37) IN THE CITY OF TEMECULA RIGHT-OF-WAY ON THE SOUTH SIDE OF WINCHESTER ROAD, APPROXIMATELY 185' WEST OF THE CENTERLINE OF YNEZ ROAD Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 19, 2011, Maximize Communications Group on - behalf of NewPath/Crown Castle filed Planning Application No. PA11-0124, 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 July 20, 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. PA11-0124 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 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 structures; The antenna has been located and designed to fit on an existing utility pole or 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 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 the project has been reviewed and conditioned by Public Works, 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 projecf 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. PA11-0124, a Conditional Use Permit to locate antennas on a new concrete street light pole as part of a wireless distributed antenna system (DAS) in the City of Temecula right-of-way: A. The proposed project has been determined to be consistent with the previously approved Mitigated Negative Declaration adopted by the City of Temecula Planning Commission on March 16, 2011 and is, therefore, exempt from further Environmental Review (CEQA Section 15162 Subsequent EIR's and Negative Declarations). ' Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA11-0124, a Conditional Use Permit to locate antennas on a new 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 Winchester Road, approximately 185' west of the centerline of Ynez 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 20 day of July, 2011. �� �C � Pat Kight, Chairman ATTEST: Patrick Richardson, Secretary � [SEAL] _ i . �,. ,. STATE OF"CALIFORNIA ) COUNTY OF RIVERSIDE )ss � CITY OF TEMECULA ) I, ` Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11-48 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20 day of July, 2011, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Carey, Kight, Telesio , NOES: 0 PLANNING COMMISSIONERS None ABSENT: 2 PLANNING COMMISSIONERS Guerriero, Harter ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary EXHIBIT A . DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA11-0124 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-37) in the City of Temecula right-of-way on the south side of Winchester Road . approximately 185' west of the centerline of Ynez Road. Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: July 20, 2011 Expiration Date: July 20, 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 Sixty-Four pollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL-2. The applicant shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently • pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7. 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 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 Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way Antennas and Flexwave Prisms Attached Gray/Metal/Off-White to Existing Wood Utility Poles , PL-9. The applicant shall comply with their Site Justification Analysis/Statement of Operations contained on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or 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. 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 shalf immediately advise the City of such and the City shall cause all further excavation oc 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-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 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 between 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. Provide regulations governing minimum distance Above Ground Level (A.G.L) for antennas. PW-6. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public,Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations.