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HomeMy WebLinkAbout02_002 PC ResolutionPC RESOLUTION NO. 2002-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0196, A CONDITIONAL USE PERMIT TO DESIGN AND CONSTRUCT A SEVENTY-FIVE FOOT HIGH UNMANNED MONOPINE WIRELESS COMMUNICATION FACILITY LOCATED AT THE RANCHO BAPTIST CHURCH SITE AT 40440 RANCHO SANTIAGO ROAD AND KNOWN AS ASSESSORS PARCEL NO. 922-130-017 WHEREAS, Barbara Saito, representing Nextel Communication, filed Planning Application No. 01-0196, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 01-0196 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. 01-0196 on February 6,2002, 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. 01-0196 subject to the conditions after finding that the project proposed in Planning Application No. 01-0196 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. Findinqs. The Planning Commission, in approving Planning Application No. 01-0196 (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 and 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, Ordnance 348, Rancho Highlands Specific Plan 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 the purposed conditional use permit as designed is compatible with the nature, condition, and development of the adjacent uses, buildings and structures, and will not have an adverse effect on surrounding development. R:\C U P~2001\01-0196 Nextel Communications\Staff Repod.doc 7 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 projects located within the Rancho Highlands Specific Plan (Area 19). D. The nature of the proposed conditional use is not detrimental to the health, safety, and 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 conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission er City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. F. The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wild life, or habitat on the project site, and the project will not affect any fish, wildlife, or habitat off-site. The site is surrounded by development and is an in-fill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 01-0196 was made per the California Environmental Quality Act Guidelines Section 15332 (In- Fill Development Projects, Class 32). This project is an in-fill development and meets the following criteria: The site is 4.28 gross acres, which is less than the 5 acres required. The proposed project is consistent the General Plan and all of the General Plan policies. The project is consistent with the Rancho Highlands Specific Plan, Ordinance 348 and the Telecommunications Facility and Antenna Ordinance. The site has been previously developed and has no value as habitat for endangered, rare, or threatened species. The approval of the project will not result in any adverse effects related to traffic, noise, air quality or water quality. The site is currently served by all required utilities and public services. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 01-0196 (Conditional Use Permit) a request for a conditional use permit to design, construct, and operate an unmanned Nextel Communication wireless telecommunication facility located at the Rancho Baptist Church site located at 40440 Rancho Santiago Road and known as Assessors Parcel No. 922-130-017. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning 'Dennis Chiniaeff, Chairperson R:\C U P~2001\01-0196 Nextel Communications\Staff Report.doc 8 I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01 *002 was duly and regularly adopted by the Planning commission of the City of Temecula at a regular meeting thereof held on the 6th day of February, 2002, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Guerriero, Mathewson, Olhasso Telesio and Chairman Chiniaeff None None R:\C U P~001\01-0196 Nextel Communications\Staff Repod.doc 9