HomeMy WebLinkAbout99_002 PC ResolutionPC RESOLUTION NO. 99-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA98-0219, (CONDITIONAL USE PERMIT), TO
CONSTRUCT A WIRELESS PCS FACILITY CONSISTING OF
TWELVE PANEL ANTENNAS MOUNTED ATOP A 60-FOOT
MONOPOLE, A GPS ANTENNA AND SIX CABINETS HOUSING
A BTS UNIT AND OTHER ELECTRONIC AND BATTERY
EQUIPMENT, LOCATED AT THE RCWD WATER TANK SITE,
3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS
ASSESSOR'S PARCEL NO. 953-060-022
WHEREAS, Cox Communications PCS, L.P. filed Planning Application No. PA98-0219
(Conditional Use Permit) which is in accordance with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PA98-0219 (Conditional Use Permit) was
processed including, but not limited to public notice, in the time and manner prescribed by State
and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA98-0219
(Conditional Use Permit) on December 16, 1998, and January 6, 1999 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 opposition to this matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission approved Planning Application No. PA98-0219 (Conditional
Use Permit);
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. That the Temecula Planning Commission, in approving
Planning Application No. PA98-0219 (Conditional Use Permit), hereby makes the following
findings as required in Chapter 17.04:
A. The proposed conditional use is consistent with the General Plan and the
Development Code. The PCS facility qualifies as a public utility, which is a use permitted by
Conditional Use Permit in the Public Institutional zone. The Genera[ Plan encourages the
clustering of public and institutional facilities to the extent possible in both residential or non-
residential land use designations. The existing Pacific Bell installation and water tanks at the
site provide such an area.
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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 compatible with
the existing public facilities already at the site. The design of the facilities have been modified to
be compatible with adjacent residential uses. There is no demonstrated evidence that wireless
communication systems adversely affect adjacent residences.
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 the Development Code and required by the
Planning Commission or Council in order to integrate the use with other uses in the
neighborhood. The applicant has revised the design of the monopole to simulate a pine tree
and has provided three additional Italian Pine trees to assist in the disguise of the "monopine."
D. ' The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. The concern regarding electromagnetic fields (EMFs)
surfaced in the 1980's and as a result, several organizations reviewed the issue and developed
standards for the protection against radio frequency emissions. Study and after study
concluded that there was no demonstrated evidence that exposure to wireless service facilities
was harmful to people. As part of the 1996 Wireless Communications Act, the Federal
Communications Commission (FCC) established an exposure standard that is a hybrid of
various standards developed by others. The FCC controls frequencies used by various entities
and regulates the certification of their facilities. The 1996 Act expressly preempts state and
local government regulation of the placement, construction, and modifications of wireless
service facilities on the basis of environmental effects. The City Attorney has recommended
that the project be conditioned to provide annual evidence of recertification by the FCC, in order
to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9
has been included.
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.
Section 3. Environmental Compliance. The project qualifies under the California
Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing
Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible
expansion of use beyond that previously existing, in order to provide telecommunications
service.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA98-0219 (Conditional Use Permit) for the
construction and operation of a wireless Personal Communications System (PCS) facility
consisting of twelve (12) panel antennas, one (1) Global Positioning System (GPS) antenna,
and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and
battery equipment. The antennas will be mounted atop a 60-foot high monopole, disguised as
an evergreen pine tree ("monopine").
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PASSED, APPROVED AND ADOPTED this 6th day of January, 1999.
Marcia ~31aven, Chairperson
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 6th day of
January, 1999 by the following vote of the Commission:
AYES: 2
NOES: 1
ABSTAIN: 2
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
SLAVEN, SOLTYSIAK
NAGGAR
GUERRIERO, WEBSTER
Debbie Ubnoske, Secretary
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