HomeMy WebLinkAbout14-006 PC Resolution PC RESOLUTION NO. 14-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0233, A WIRELESS
TELECOMMUNICATIONS FACILITY APPLICATION TO
ALLOW A NEW 48-FOOT STEALTH BELL TOWER TO BE
CONSTRUCTED AND OPERATED WITHIN THE
EXISTING CHAPARRAL SELF STORAGE FACILITY
LOCATED AT 27380 NICOLAS ROAD (APN 920-100-016)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On September 30, 2013, David Kazner, on behalf of Smartlink LLC and
AT&T, filed Planning Application No. PA13-0233, 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 19, 2014, 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. PA13-0233 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 17.04.10.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
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, building and structures and the proposed conditional use
will not adversely affect uses, buildings or structures;
As proposed the wireless telecommunication facility will be completely disguised
as a new 48-foot stealth bell tower compatible with the existing architecture
materials and colors of storage facility on site. The project is located and
designed to have a 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 Telecommunication Facility and
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, including
setbacks from residential structures.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project is in conformance with all requirements of the Development Code,
Fire Code, and Building Code. These codes contain provisions that ensure the
protection of the public health, safety, and general welfare. The project is not
anticipated to have negative impact to the public health, safety, and general
welfare.
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 approve, conditionally approve, or deny the application for a
conditional use permit has been 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
(Section 15301, Class 1 Existing Facilities). Class 1 exemptions include the operation,
repair, maintenance, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that previously existing capacity.
The application will allow AT&T to construct and operate a new 48-foot stealth
bell tower and supporting equipment within a new bell tower structure to be
located within an existing self-storage facility. As designed and conditioned, the
proposed project involves the minor alteration of an existing private structure
involving negligible expansion for use and will not have an adverse impact on the
environment. The proposed tower architectural design, color scheme, and
materials, complements the existing self-storage facility. No further
environmental review is required.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0233, A Wireless Telecommunications Facility
Application to allow a new 48-foot stealth bell tower to be constructed and operated
within the existing Chaparral Self Storage facility located at 27380 Nicolas Road,
subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 1 g`h day of March, 2014.
Y&8*Zffe6'-
gtanle Harter, Chairman
ATTEST: �A
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Armando G. Villa, AIC
Secretary
[SEAL]
STATE OF,CFLIFORNIA )
COUNTY OF'RIVERSIDE )ss
CITY OF TEMECULA )
I, Armando G. Villa, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 14-06 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 gth day of March, 2014, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Kight
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Armando G. Villa, AICP
Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0233
Project Description: A Wireless Telecommunications Facility Application to allow a new
48-foot stealth bell tower to be constructed and operated within
the existing Chaparral Self Storage facility located at 27380
Nicolas Road
Assessor's Parcel No.: 920-100-016
MSHCP Category: Exempt (No New Occupiable Square Footage/Grading)
DIF Category: Exempt (No New Occupiable Square Footage)
TUMF Category: Exempt (No New Occupiable Square Footage)
Quimby Category: Exempt (Non-Residential)
Approval Date: March 19, 2014
Expiration Date: March 19, 2016
PLANNING DIVISION
Within 48 Hours of the Approval of This Project
PL-1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of Fifty Dollars ($50.00) 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 Division the check
as required above, the approval for the project granted shall be void by reason of
failure of condition (Fish and Wildlife Code Section 711.4(c)).
General Requirements
PL-2. Indemnification of the City. 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 all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
PL-3. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
PL-4. Expiration. 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, or use of a property in conformance with a
Conditional Use Permit.
PL-5. Time Extension. The Director of Community Development 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. Consistency with Specific Plans. This project and all subsequent projects within this
site shall be consistent with Specific Plan No. 1 Roripaugh Estates.
PL-7. Conformance with Approved Plans. The development of the premises shall
substantially conform to the approved site plan and elevations contained on file with
the Planning Division.
PL-8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers,
equipment, walls, or other structures.
PL-9. Water Quality and Drainage. 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. To ensure compliance with this
Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
PL-10. Paint Inspection. The applicant shall paint a three-foot-by-three-foot section of the
building for Planning Division inspection, prior to commencing painting of the
building.
PL-11. Photographic Prints. The applicant shall submit to the Planning Division for
permanent filing two 8" X 10" glossy photographic color prints of the approved color
and materials board and the colored architectural elevations. All labels on the color
and materials board and Elevations shall be readable on the photographic prints.
PL-12. Materials and Colors. 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
Proposed Stealth Concealment Tower Match existing
PL-13. Statement of Justification. The applicant shall comply with their Statement of
Justification dated September 30, 2013, on file with the Planning Division, unless
superseded by these Conditions of Approval.
PL-14. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to
Section 17.03.080 of the City's Development Code.
PL-15. City Review and Modification of CUP. The City, its Director of Community
Development, 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
Director of Community Development, Planning Commission and City Council is in
addition to, and not in-lieu of, the right of the City, its Director of Community
Development, 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-16. Construction and Demolition Debris. The developer shall contact the City's
franchised solid waste hauler for disposal of construction and demolition debris and
shall provide the Planning Division verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction and demolition debris. Only
the City's franchisee may haul demolition and construction debris.
Prior to Issuance of Building Permit(s)
PL-17. Maintenance/Facility Removal Agreement. 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 Director of Community
Development. The agreement shall comply with all provisions set forth in Section
17.40.210 of the Ordinance.
PL-18. Utility Screening. All utilities shall be screened from public view. Landscape
construction drawings shall show and label all utilities and provide appropriate
screening. Provide a three-foot clear zone around fire check detectors as required
by the Fire Department before starting the screen. 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 ensure
that there are no conflicts with trees
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-19. Compliance with Conditions of Approval. All of the foregoing conditions shall be
complied with prior to occupancy or any use allowed by this permit.
BUILDING AND SAFETY DIVISION
General Conditions/Information
B-1. Street Address. Obtain street addressing for all proposed buildings.
B-2. Compliance with Code. All design components shall comply with applicable
provisions of the 2013 edition of the California Building, Plumbing and Mechanical
Codes; 2013 California Electrical Code; California Administrative Code, Title 24
Energy Code, California Title 24 Disabled Access Regulations, and the Temecula
Municipal Code.
B-3. Obtain Approvals Prior to Construction. Applicant shall obtain all building plans and
permit approvals prior to commencement of any construction work.
B-4. Obtaining Separate Approvals and Permits. Commercial and industrial project trash
enclosure, patio covers, light standards, and any block walls will require separate
approvals and permits.
At Plan Review Submittal
B-5. Electric Plan. Applicant shall 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-6. Plans Require Stamp of Registered Professional. Applicant shall provide
appropriate stamp of a registered professional with original signature on plans.
FIRE PREVENTION
General Requirements
F-1. Fire Dept. Plan Review. 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 Access Roads. 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 80,00 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 and City Ordinance 15.16.020). Fire
Department vehicles access roads shall have an unobstructed width of not less than
24 feet and an unobstructed vertical clearance of not less than 13 feet inches (CFC
Chapter 5 and City Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
F-3. Required Submittals (Fire Sprinkler Systems). Fire sprinkler tenant improvement
plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of
sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau. These plans must be submitted prior to the issuance of building permit.
F-4. Required Submittals (Generator). Permits will be required by the Fire Department
for any future generator installation. Applications for permits require the submittal of
three sets of plans to the Fire Prevention Bureau.
F-5. Required Submittals (Hazardous Material Inventory Statement). The applicant shall
submit for review and approval by the City Fire Department a Hazardous Material
Inventory Statement and Fire Department Technical Report. A full hazardous
materials inventory report and color coded floor plan is required for any building
storming or using hazardous materials (CFC Chapters 1 and 28 through 44 and City
Ordinance 15.16.020). The inventory shall include the batteries that are stored and
used as well as any diesel fuel or gasoline for the generator.
Prior to Issuance of Certificate of Occupancy
F-6. Knox Box. A "Knox-Box" shall be provided. The Knox-Box shall be installed a
minimum of six feet in height and be located to the right side of the fire riser
sprinkler room (CFC Chapter 5).
F-7. Knox Rapid Entry System. 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).
F-8. File Format Requirements. A simple plot plan and a simple floor plan, each as an
electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau.
Contact Fire Prevention for approval of alternative file formats which may be
acceptable.
POLICE DEPARTMENT
General Requirements
PD-1. Defensible Plants. Applicant shall ensure all landscaping surrounding any proposed
equipment or structures is 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. Trees. Applicant shall ensure any trees surrounding any structure rooftop be kept at
a distance to prevent 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. Any berms shall not exceed three feet in height.
PD-4. Crime Prevention Through Environmental Design. The placement of any
landscaping should be in compliance with the guidelines of Crime Prevention
Through Environmental Design (CPTED).
PD-5. Exterior Building Lighting. Any exterior lighting to the structure must be in
compliance with Riverside County Mount Palomar Lighting Ordinance 655, low
pressure sodium lighting preferred.
PD-6. Exterior Door Illumination. Any exterior doors shall have vandal resistant light
fixtures installed above the door. The door area shall be illuminated with a minimum
one-foot candle illumination at ground level, evenly dispersed.
PD-7. Exterior Building Lighting. Any lighting affixed to the buildings less than 8 feet
above the ground shall be vandal resistant, wall mount light fixtures.
PD-8. Hardware. All doors, windows, locking mechanisms, hinges, and other
miscellaneous hardware shall be commercial or institution grade.
PD-9. Graffiti. 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-10. Roof Hatches. Any roof hatches shall be painted "International Orange."
PD-11. Crime Prevention through Design. 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 below:
a. 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.
b. Provide clearly marked transitional zones. Persons need to be able to identify
when they are moving from public to semi-public to private space.
c. Gathering or congregating areas to be located or designated in locations where
there is good surveillance and access control.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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-12. Contact. Any questions regarding these conditions should be directed to the
Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131.
PUBLIC WORKS DEPARTMENT
General Requirements
PW-1. Conditions of Approval. Unless otherwise noted, all conditions shall be completed
by the developer at no cost to any Government Agency. It is understood that the
developer correctly shows on the site plan all existing and proposed property lines,
easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and
revision.
PW-2. Encroachment Permit. 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-3. Easements. The developer shall obtain an easement for ingress and egress over
the affected properties. The Developer shall obtain all necessary easement over the
affected properties.
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