HomeMy WebLinkAbout02_027 PC ResolutionPC RESOLUTION NO. 2002-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. 01-0383, A CONDITIONAL USE PERMIT/DEVELOPMENT
PLAN TO DESIGN AND CONSTRUCT A THIRTY-FIVE FOOT
HIGH UNMANNED WIRELESS COMMUNICATION FACILITY
DESIGNED AS A FLAGPOLE AND THE INSTALLATION OF A
ONE HUNDRED FORTY FOUR SQUARE FOOT EQUIPMENT
SHELTER LOCATED AT THE MCDONALDS SITE AT 31853
HIGHWAY SEVENTY-NINE SOUTH AND KNOWN AS
ASSESSORS PARCEL NO. 961-080-007
WHEREAS, Marc Meyers, representing Compass Telecom, filed Planning Application
No. 01-0383, in a manner in accord with the City of Temecula General Plan and Development
Code;
WHEREAS, Planning Application No. 01-0383 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. 01-0383 on August 7,2002, 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. 01-0383 subject to the
conditions after finding that the project proposed in Planning Application No. 01-0383 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. Findin.qs. The Planning Commission, in approving Planning Application
No. 01-0383 (Conditional Use Permit/Development Plan) hereby makes the following findings
as required by Section 17.04.010.E and Section 17.05.010.F of the Temecula Municipal Code:
Conditional Use Permit (17.04.010E)
A. 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. The project as proposed meets the general requirements as outlined in the
Telecommunications Facility and Antenna Ordinance. The antenna is located outside of all yard
and street setbacks specified in the Community Commercial zoning district. The flagpole as
proposed is replacing an existing flagpole of the same height and has been designed to blend in
with the surrounding environment. The design of the support facility has been designed to
blend in with the existing building and will not be highly visible from the public right of way.
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B. As proposed the telecommunication facility is designed as flagpole with the
antennas mounted on the interior portion of the flagpole. The proposed flagpole is thirty-five
feet high and is replacing an existing thirty-five foot flagpole. This design and height is
consistent with the existing built environment and will not adversely affect the adjacent
buildings.
C. Planning staff has reviewed the requirements of the pedormance 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 Community Commercial zoning district.
D. Provisions are made in the General Plan and the Development Code to ensure
that the public health, safety, and welfare are safeguarded. The project as designed is
inaccessible and will not be create any concerns for the overall welfare of the community.
E. The project has been completely reviewed, as a whole, in reference to all
applicable codes and ordinances before the Planning Commission.
Development Plan (17.05.01 OF)
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.
G. The proposal is consistent with the land use designation and policies reflected
for Community Commercial (CC) development in the City of Temecula General Plan, as well as
the development standards outlined the City of Temecula Development Code. The site is
therefore properly planned and zoned and found to be physically suitable for the type and
density of the proposed thirty-five foot high-unmanned wireless telecommunication facility
designed as a flagpole.
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 .83 gross acres, which is less than the 5 acres required.
· The proposed project is consistent the General Plan policies, as well as 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. 01-0383 (Conditional Use Permit) a request to
design, construct and operate a thirty-five foot high-unmanned wireless telecommunication
facility designed as a flagpole and the installation of a one hundred forty four square foot
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equipment shelter located at the Rancho Baptist Church site located on the south side of
Highway Seventy-Nine South and west of Redhawk Parkway and known as Assessors Parcel
No. 961-080-007.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 7th dayof August 2002.
~n
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 02-027 was duly and regularly adopted by the Planning commission of
the City of Temecula at a regular meeting thereof held on the 7th day of August, 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 Chiniaeff
None
None
None
Debbie Ubnoske, Secretary
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: 01-0383 (Conditional Use Permit/Development Plan)
Project Description:
A Conditional Use Permit/Development Plan to design,
construct and operate a thirtY'five foot high-unmanned
wireless telecommunication facility designed as a
flagpole and the installation of a one hundred forty
four square foot equipment shelter located at the
McDonalds site at 31853 Highway 79 South
DIF Category: Exempt
Assessor's Parcel No: 961-080-007
Approval Date:
August 7, 2002
Expiration Date:
August 7, 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
Resoumes 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
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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
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 (Eleva'dons), F (Landscaping) contained on file with the Community
Development Department - Planning Division.
The colors and materials for the project shall substantially conform to the colors and
materials on the existing buildings located at 31853 Highway 79 South.
(Deleted by the Planning Commission on 8-07-02).
Prior to the Issuance of Building 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. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
12.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to
the Community Development Department - Planning Division for approval. These plans
shall conform substantially with the approved Exhibit "F", or as amended by these
conditions. The location, number, genus, species, and container size of the plants shall
be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover
page shall identify the total square footage of the landscaped area for the site. The plans
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shall show temporary irrigation and seeding for the Phase lB area. The plans shall be
accompanied by the following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
b. One (1) copy of the approved grading plan.
c. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
d. Total cost estimate of plantings and irrigation (in accordance with the apprgved
plan).
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
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.
18. Obtain street addressing for all proposed buildings prior to submittal for plan review.
19.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April 1,
1998)
20.
Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems.
21.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
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22. Provide electrical plan including Icad calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
23.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
24. Show all building setbacks.
25.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any
site within one-quarter mile of an occiJpied residence.
Monday-Friday
6:30 a.m. - 6:30 p.m.
Saturday
7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
FIRE DEPARTMENT
26.
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.
27.
Fire Department vehicle access roads shall maintain 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)
28.
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)
29.
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)
30.
During building construction, all locations where structures are to be built or altered shall
maintain approved temporary Fire Department vehicle access roads for use until
permanent roads are installed. Temporary Fire Department access roads shall be an all
weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
31.
During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS
will be maintained in working order and up to their original design and performance
specifications.
32.
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 firefighting personnel. (CFC 902.4)
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33.
Provide a 2A: 10BC fire extinguisher inside each building or temporary structure on the
site.
34.
The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
35.
The applicant shall submit for review and approval by the Riverside County Department
of Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
TEMECULA COMMUNITY SERVICES DISTRICT
36.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
By placing my signature below, I confirm that I have read, understand, and accept ail 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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