HomeMy WebLinkAbout01_004 PC ResolutionPC RESOLUTION NO. 2001-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA00-0257, A CONDITIONAL USE PERMIT TO DESIGN,
CONSTRUCT AND OPERATE AN UNMANNED SPRINT
WIRELESS COMMUNICATION FACILITY LOCATED AT THE
RANCHO CALIFORNIA WATER DISTRICT'S NORMA MARSHA
RESERVOIR SITE LOCATED AT 41520 MARGARITA ROAD
AND KNOWN AS ASSESSORS PARCEL NO. 940-230-002
WHEREAS, Tim Lencioni, representing Sprint PCS, filed Planning Application No. 00-
0257, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 00-0257 was processed including, but not limited
to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. 00-0257 on January 17, 2001, January 31, 2001; and on February 7, 2001, due
to a lack of a quorum, continued the public hearing to February 21, 2001 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;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application No. 00-0257 subject to the
conditions after finding that the project proposed in Planning Application No. 00-0257 conformed
to the City of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. Findings. The Planning Commission, in approving Planning Application
No. 00-0257 (Conditional Use Permit) hereby makes the following findings as required by
Section 17.05.010.F of the Temecula Municipal'Code:
A. The proposed conditional use is'consistent with the General Plan, the applicable
sections of the Development Code. Staff has reviewed the proposal and finds that the proposed
conditional use permit is consistent with the City of Temecula General Plan and the applicable
sections of the Development Code, and the Municipal Code.
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. Staff has reviewed the proposal
and finds that the proposed conditional use permit is consistent with the City of Temecula
General Plan and the applicable sections of the Development Code, and the Municipal Code.
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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 area, 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. Planning staff has reviewed the requirements of the performance standards
delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the
Development Code. As a result, staff has determined that the proposed conditional use meets
the zoning requirements for the (PI) Public Institutional district.
D. The nature of the proposed conditional use is not detrimental to the health,
safety, and general welfare of the community. Provisions are made in the General Plan and the
Development Code to ensure that the public health, safety, and welfare are safeguarded. The
project is consistent with these documents and will be conditioned to meet all applicable
requirements.
E. The decision to conditionally approve the application for a conditional use permit
is based on substantial evidence in view of the record as a whole before the Planning
Commission or City Council on appeal. The project has been completely reviewed, as a whole,
in reference to all applicable codes and ordinances before the Planning Commission.
Section 3. Environmental Compliance. A Negative Declaration has previously been
prepared and approved by the Planning Director for this same site on July 11,1996 for a facility
with a potentially greater impact. Whereas the conditions under Which the Negative Declaration
and amendments were prepared have not changed substantially and the project is consistent
with the environmental review pursuant to Article 11, Section 15162 of the California
Environmental Quality Act. Therefore, the Planning Commission has determined that no further
environmental review is required for the proposed project and that the previous Negative
Declaration will be re-certified for this project.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. 00-0257 (Conditional Use Permit) request for a
conditional use permit to design, construct, and ope[ate an unmanned Sprint PCS wireless
telecommunication facility located east of the Margarita Road, south of Rancho California Road
and north of Rancho Vista Road and known as Assessor's Parcel No. 940-230-002, subject to
the project specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by
this reference.
Section 5. PASSED, APPROVED AND ADOPTED b~v the City of Temecula
Planning Commissi°n this 21st day of February 2001' ///'~/--~_~Y.~d
R~ Gue~'ri~ro, Chairperson
~bie:Ubno~,/~ ~6~
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that P'C Resolution No. 01-004 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 21st day of February, 2001, by the
following vote:
AYES: 3
PLANNING COMMISSIONERS:
CHINIAEFF,MATHEWSON,
GUERRIERO
NOES:
0 PLANNING COMMISSIONERS: NONE
ABSENT: 1 PLANNING COMMISSIONERS: TELESIO
ABSTAIN: 1
PLANNING COMMISSIONERS: WEBSTER
Debbie Ubnoske, Secretary
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CITY OF TEMECULA
REVISED CONDITIONS OF APPROVAL
Planning Application No: PA00-0267 (Conditional Use Permit)
Project Description:
Request for a Conditional Use Permit
construct, and operate an unmanned
wireless telecommunication facility.
to design,
Sprint PCS
DIF Category:
Potentially Exempt
Assessor's Parcel No:
Approval Date:
Expiration Date:
940-230-002
February21,2001
February21, 2003
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of seventy-eight Dollars ($78.00) for the County administrative fee, to enable the
City to file the Notice of Exemption as provided under Public Resources Code Section
21108(b) and California Code of Regulations Section 15062. An environment review
was completed for this application, which determined that a Negative Declaration with a
De Minimus finding was appropriate. If within said forty-eight (48) hour period the
applicant has not delivered to the Community Development Department - Planning
Division 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
The permittee/applicant shall indemnify, protect and hold harmless, the City and any
agency or instrumentality thereof, and/or any of its officers, employees, and agents from
any and all claims, actions, or proceedings against the City, or any agency or
instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside,
void, annul, or seek monetary damages resulting from an 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
which action is brought within the appropriate statute of limitations period and Public
Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the
way of limitations Section 21152 and 21167). The City shall promptly notify the
permittee/applicant of any claim, action, or proceeding brought forth within this time
period. The City shall estimate the cost of the defense of the action and applicant shall
deposit said amount with the City. City may require additional deposits to cover
anticipated costs. City shall refund, without interest, any unused portions of the deposit
once the litigation is finally concluded. Should the City fail to either promptly notify or
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cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any
of its officers, employees, or agents. Should the applicant fail to timely post the required
deposit, the Director may terminate the land use approval without further notice to the
applicant.
All conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The development of the premises shall substantially conform to the approved Exhibits D
(Site Plan), E (Elevations), F (Landscape Plans), and G (Material and Color Board),
contained on file with the Community Development Department - Planning Division.
Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the
developer or any successors in interest.
The colors and materials for the project shall substantially conform to those noted on
Exhibit "G" (Color and Material Board), contained on file with the Community
Development Department - Planning Division.
10.
Any future proposal for antenna co-location, as allowed by the Antenna Ordinance, shall
be submitted to the Planning Department and will require an additional Minor Conditional
use Permit to be approved by the Planning Director at a Director's Hearing.
Prior to the Issuance of Grading Permits
11.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
12.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Community Development Department - Planning Division staff, and
return one signed set to the Community Development Department - Planning Division for
their files.
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13.
The applicant shall revise Exhibits "D, E, F, and G", (Site Plan, Elevations, Landscape
Plan, and Color and Material Board) to reflect the final conditions of approval that will be
provided by the Community Development Department Planning division staff. The
applicant shall submit five (5) full size copies, one (1) reduced 8.5"x11" copy of Exhibits
"D" through "F", and two (2) 8" X 10" glossy photographic color prints of approved Exhibit
"G" (Color and Materials Board) to the Community Development Department for their
files. All labels on the Color and Materials Board and Elevations shall be readable on
the photographic prints.
Prior to the Issuance of Building Permits
14.
15.
A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
The applicant shall enter into a maintenance/facility removal agreement (per Chapter
17.40.210), or enforceable provisions in a signed lease that will assure that the intent of
Chapter 17.40 Telecommunications Facility and Antenna Ordinance will be complied
with. The agreement shall be signed and submitted to the Planning Director prior to the
approval of the building permit or other entitlement for use.
Prior to the Issuance of Occupancy Permits
16.
An Administrative Development Plan application for signage shall be required for any
signage not included on Exhibits "D" and "F", or as amended by these conditions. A
separate building permit shall be required for all signage identified on the approved
Exhibits "D" and "F", or as amended by these conditions.
17.
18.
All previously existing landscape planting and irrigation shall be restored consistent with
the previously approved construction plans and shall be in a condition acceptable to the
Planning Director. The plants shall be healthy and free of weeds, disease, or pests.
The irrigation system shall be properly constructed and in good working order.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
PUBLIC WORKS DEPARTMENT
Unless otherwise noted, the Developer, at no cost to any Government Agency, shall
complete all conditions. 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.
General Requirements
19. The lease area, as designated on the construction plans, shall be fenced.
20. A copy of the proposed recorded public utility easements shall be submitted to the
Department of Public Works.
21. A compaction report shall be submitted to the Department of Public for review and
approval for the mono-pine pole and all proposed structures.
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BUILDING AND SAFETY DEPARTMENT
22.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical
Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations
and the Temecula Municipal Code.
23.
Exterior service lighting shall comply with the provisions of Palomar Lighting
Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly
upon adjoining property or public rights-of-way.
24.
Obtain all building plans, and permit approvals prior to commencement of any
construction work.
25.
Provide structural calculations for monopole foundation, all concrete block walls, and
concrete walls with chain link extensions with appropriate stamp of a registered
professional with original signature on plans for plan review.
26. Provide electrical plan including load calculations and panel schedule for plan review.
27.
Obtain a location street address number prior to submitting structural plans to Building
and Safety for plan review.
FIRE DEPARTMENT
28.
29.
30.
Final fire and life safety conditions will be addressed when the Fire Prevention Bureau
reviews building plans. 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.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may
be adjusted during the approval process to reflect changes in design, construction type,
or automatic fire protection measures as approved by the Fire Prevention Bureau. The
Fire Flow as given above has taken into account all information as provided. (CFC
903.2, Appendix Ill-A)
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-III-B-1. A combination of on-site and off-site super fire hydrants
(6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection
and shall be located no more than 250 feet from any point on the street or Fire
Department access road(s) frontage to a hydrant. The required fire flow shall be
available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B).
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31. As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and mains.capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants are
required. (CFC 903.2)
32. Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of
.25 feet. (CFC sec 902)
33. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
34. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
35. Prior to building construction, dead end roadways and streets in excess of one hundred
and fifty (150) feet, which have not been completed, shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
36. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, and spacing and minimum fire
flow standards. After the plans are signed by the local water company, the originals
shall be presented to the Fire Prevention Bureau for signatures. The required water
system including fire hydrants shall be installed and accepted by the appropriate water
agency prior to any combustible building materials being placed on an individual lot.
(CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
37. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
38. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or read fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall give a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single-family
residences and multi-family residential units shall have four (4) inch letters and /or
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
39. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the main entrance door. (CFC 902.4)
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40.
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 902.4)
Special Conditions
41.
Prior to building permit issuance a simple plot plan and a simple floor plan, each on 8 ~
X 11 inch paper must be submitted. An electronic version may be acceptable, contact
fire prevention for acceptable file formats and approval.
OTHER AGENCIES
42.
The applicant shall comply with the recommendations set forth in the letter from Rancho
California Water District dated July 25,2000.
By placing my signature below, I confirm that I have read, understand, and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant Name
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