HomeMy WebLinkAbout02-01 DH ResolutionDH RESOLUTION NO. 2002-001
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
01-0627, A MINOR CONDITIONAL USE PERMIT FOR THE
INSTALLATION OF A WIRELESS TELECOMMUNICATION
FACILITY, CONSISTING OF TWELVE CELLULAR ANTENNAS
LOCATED WITHIN THE INTERIOR OF TWO-FOOT DIAMETER
CYLINDERS ON THE EXISTING BUILDING LOCATED AT
40940 COUNTY CENTER DRIVE AND KNOWN AS
ASSESSORS PARCEL NO. 910-100-087
WHEREAS, Barbara Saito, representing Nextel Communication, filed Planning
Application No. 01-0627, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. 01-0627 was processed including, but not limited
to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Director, at a regular meeting, considered Planning Application
No. 01-0627 on August 8,2002, 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 Director Hearing and after due consideration of the
testimony, the Planning Director approved Planning Application No. 01-0627 subject to the
conditions after finding that the project proposed in Planning Application No. 01-0627 conformed
to the City of Temecula General Plan and Development Code;
NOW, THEREFORE, THE DIRECTOR OF PLANNING 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. 01-0627 (Minor Conditional Use Permit/Development Plan) hereby makes the following
findings as required by Section 17.04.010.E and 17.05.010F of the Temecula Municipal Code:
A. The General Plan states that compatibility between adjacent land uses are
essential to achieve a safe, efficient and well-organized community. The proposed Minor
Conditional Use Permit is compatible with the surrounding land uses. The proposed use
requires a minimal amount of servicing, which will create very little traffic. The proposed use is
consistent and meets all the requirements stated in the Telecommunications Facility and
Antenna Ordinance.
B. The proposed project was designed to be compatible with the architecture for the
existing building as well as the amhitecture for the surrounding buildings. The cylinders being
used to camouflage the antennas are consistent with typical amhitectural elements found on a
warehouse building. The proposed cylinders will be painted to match the existing building.
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C. The proposed cellular antennas will be building mounted and the equipment
shelter will be located within the interior portion of the existing building. This proposal is not
requesting to change the overall site design of the property. The use will not require any
additional parking, landscaping, or loading facilities. This type of use integrates well with the
existing warehouse use being conducted currently on the site.
D. The location of the antennas on a privately owned building makes them
inaccessible to the general public. An inaccessible antenna promotes the health, safety, and
welfare of the community. The proposed project has also been conditioned to comply with all
applicable Building and Fire Codes.
E. This application has been brought before the Planning Director at a Public
Hearing where members of the public have had an opportunity to be heard on this matter before
the Planning Director renders a decision.
F. The proposed use an unmanned building mounted telecommunications facility is
permitted in the Business Park zoning district with a Minor Conditional Use Permit. The
applicant as a part of this application is requesting a Minor Conditional Use Permit as well a
Development Plan. The proposed use is in conformance with the requirements in both the
General Plan and Development Plan. The proposed use conforms to the surrounding uses in
the area.
G. The overall design of the project has taken into account the existing buildings
architecture as well as the architecture for the surrounding properties. The project has also
been designed to protect the public's health, safety and general welfare. The project has been
conditioned to comply with all applicable Building and Fire Codes.
Section3. 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 2.71 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 Development Code 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 Director of Planning hereby
conditionally approves Planning Application No.. 01-0627 (Minor Conditional Use
Permit/Development Plan) a request for a conditional use permit to design, construct, and
operate a wireless telecommunication facility, consisting of twelve cellular antennas located
within the interior of two-foot diameter cylinders on an existing building located at 40940 County
Center Drive and known as Assessors Pamel No. 910-110-087.
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~~PASSED APPROVED AND ADOPTED by the City of Temecula Director
ofj~Rja~_.~g~,h~s ~t~ ..~_,of August 2002.
Do nCR a~er~ PfJr,9~pal'~l~.h n e r
I Kelly Mclntyre, Secretary of the Temecula Director's Hearing, do hereby certify that DH
Resolution No. 02-001 was duly and regularly adopted by the Director of Planning of the City of
Temecula at a regular meeting thereof held on the 8th day of August, 2002, by the following
vote:
Kelly Mc~q.~re, Secretary
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: 01-0627 (Minor Conditional Use Permit)
Project Description:
A Minor Conditional Use Permit to design, construct,
and operate a wireless telecommunication facility,
consisting of twelve cellular antennas located within
the interior of two-foot diameter cylinders on an
existing building located at 40940 County Center Drive.
DIF Category: Exempt
Assessor's Parcel No:
Approval Date:
Expiration Date:
910-110-087
August 8, 2002
August 8, 2004
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 sixty-four Dollars ($64.00) 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. 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
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once the litigation is finally concluded. Should the City fail to either promptly notify or
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), and E (Elevations) contained on file with the Community Development
Department - Planning Division.
Any Future co-located antenna panels, in conformance with this application, may be
administratively approved by the Planning Director
The colors and materials for the project shall substantially conform to the colors and
materials on the existing building located at 40940 County Center Drive.
Prior to the Issuance of Grading Permits
10.
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.
11.
The development of the premises shall substantially conform to the approved Exhibits E
(Building Elevations), F (Roof Plan), and G (Floor Plan) contained on file with the
Community Development Department - Planning Division.
Prior to the Issuance of Building Permits
12. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
13.
A maintenance/facility removal agreement, or enforceable provisions in a signed lease
the will assure the intent of the Telecommunication Facility and Antenna Ordinance will
be complied with, shall be signed by the applicant shall be submitted to the Planning
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Director. The agreement shall be in accordance with section 17.40.210 of the ordinance
and comply with all provisions set forth in this section.
BUILDING AND SAFETY DEPARTMENT
14.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and
the Temecula Municipal Code.
15.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with 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.
16.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
17.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
(Deleted at 8-8-02 Director's Hearing)
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20.
-1,4998) (Deleted at 8-8-02 Director's Hearing)
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at 8-8-02 Director's Hearing)
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25.
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I~,,il~l;,~,~ /'1~4;,~;,~1 +0 i~nl .... + !,~, +l~n k,,,;l~li,~ ~l~-i~,~ (Deleted at 8-8-02 Director's
Hearing)
o...,;,~....,. -"-pprcvcd -"+"'~'m;" ;; ..... ;..~., ...... +,.,~ Prior to operation of any indoor
equipment, verification that an approved fire suppression system has been installed,
shall be provided to the Planning Department. (Revised at 8-8-02 Director's Hearing)
27.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
"'-~'"'"'-'+;'- '-'-'~ mechanica! p!~n for p!~.-, rev!ow (Deleted at 8-8-02 Director's Hearing)
Director's Hearing)
30.
(Deleted at 8-8-02 Director's Hearing)
31.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
QO
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s~tc 'Mth~ ene q~=~er m~;e of =.q ecc~p[ed residence. (Deleted at 8-~02 Director's
Hearing)
FIRE DEPARTMENT
~.A ;.~ ; ..... {. ;.I~A +;,~A C~ k..;l~l;~ .~1 ..... km;H~l (Deleted at 8-8-02 Director's
Hearing)
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37.
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Director's Hearing)
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Director's Hearing)
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46.
47.
48.
49.
50.
51.
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(O.cC ,~,.-t,!c!c I 9) (Deleted at 8-8-02 Director's Hearing)
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54.
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57.
(Deleted at 8-8-02 Director's Hearing)
Special Conditions
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Hearing)
59.
k'~^l/ .... lie.\ ..'.-I *UC' '--"~:"^'"; ....... (CFC ^ .... ,'/;v II ,A,) (Deleted at 8-8-02
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61.
r. ....... v. v....v.~;~'~. ~".~. _~.~"'""~' ...... (Deleted at 8-8-02 Director's Hearing)
62.
........ , ...~. *k.. =;... C^,~.- .....~ ~ .... k;....* *~.; ..... *;.-,. (CFC !05) (Deleted at 8-8-02
Director's Hearing)
64.
(Deleted at 8-8-02 Director's Hearing)
Director's Hearing)
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 Printed Name
Applicant Signature
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