HomeMy WebLinkAbout02_028 PC ResolutionPC RESOLUTION NO. 2002-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0572, A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN TO
DESIGN, CONSTRUCT AND OPERATE A TWENTY-SIX FOOT
HIGH, FOURTEEN FOOT WIDE, UNMANNED WIRELESS
COMMUNICATION FACILITY HOUSING SlX ANTENNAS AND
ASSOCIATED EQUIPMENT LOCATED ON THE CHAPARRAL
HIGH SCHOOL CAMPUS AT 27215 NICOLAS ROAD AND
KNOWN AS ASSESSORS PARCEL NO. 911-760-007
WHEREAS, Mare Meyers, representing Compass Telecom, filed Planning Application No.
01-0572, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 01-0572 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. 01-0572 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. 01-0572 subject to the conditions
after finding that the project proposed in Planning Application No. 01-0572 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.
01-0572 (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. 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. The project as proposed meets the general requirements as outlined in
the Telecommunications Facility and Antenna Ordinance. The facility shall be located
outside of all yard and street setbacks specified in the Public Institutional zoning district. The
facility, as proposed, has been designed to blend in with the surrounding environment.
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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.
As proposed, the telecommunication facility is designed so as to completely screen the
antennas and associated equipment. The proposed facility is twenty-six feet high. This
design and height is consistent with the existing built environment and will not adversely
affect the adjacent buildings.
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 Public Institutional zoning district.
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 as designed is inaccessible
and will not create any concerns for the overall welfare of the community.
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 or City Council.
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 proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city.
The design of the proposed improvements is not likely to cause substantial environmental
damage or substantially and unavoidablyinjure fish or wildlife ortheir 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 resoumes, as defined in
Section 711.2 of the Fish and Game Code.
G. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The proposal is consistent with the land use designation and policies reflected forthe Public
Institutional Facilities (Pi) 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 twenty-six foot high-unmanned wireless telecommunication facility.
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Section 3. Environmental Compliance. A Notice of Exemption for Planning Application
No. 01-0572 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 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. 01-0572 (Conditional Use Permit) a request to
design, construct and operate a twenty-six foot high-unmanned wireless telecommunication facility
located on the southwest corner of Winchester Road and Nicolas Road and known as Assessors
Parcel No. 911-780-007.
Section 5.
Commission this 7th day of August 2002.
ATTEST:
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Dennis Chiniaeff, Chairperson
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. 2002-028 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 Chairman Chiniaeff
None
None
None
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
PA01-0572 CONDITIONAL USE PERMIT/DEVELOPMENT PLAN
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: 01-0572 (Conditional Use Permit/Development Plan)
Project Description:
A Conditional Use Permit/Development Plan to design,
construct and operate a twenty-six foot high-unmanned
wireless telecommunication facility housing six antennas
and associated equipment on the Chaparral High School
campus located at 27215 Nicolas Road.
DIF Category: Exempt
Assess0r'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 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
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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 (Elevations), 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 Chaparral High School Campus.
Additional mascot logo relief, i.e. insets and projections, shall be incorporated into all four
elevations of the facility. The modifications shall be shown on the construction drawings.
10.
The "Chaparral High School" sign and school mascot logo shall be incoCporated into all four
elevations of the facility. The improvements shall be shown on the construction drawings.
11.
The location of the proposed telecommunications facility shall achieve a 20 ft. front yard
setback (Nicolas Road) and 15 ft street side yard setback (Winchester Road) in accordance
with Section 17.12.040 of the Development Code.
Prior to the Issuance of Grading Permits
12.
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.
13.
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.
Prior to the Issuance of Building Permits
14. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
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15.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted and
approved by the Community Development Department - Planning Division. 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 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 approved
plan).
16.
Landscaping construction plans shall show the continuous placement of large evergreen
shrubs around the perimeter of the base of the facility structure. Minimum 15-gallon size
shrubs shall be utilized so as to achieve immediate screening.
17.
A maintenance/facility removal agreement shall be signed by the applicant and submitted to
the Planning Director. The agreement shall be in accordance with section 17.40.210 of the
Telecommunications Facility and Antenna ordinance and shall comply with all provisions set
forth in this section.
18.
A License Agreement for Encroachment shall be signed by the applicant and submitted to
the Planning Director. The agreement shall be in accordance with all previsions associated
with the existing Transportation Corridor along Winchester Road.
BUILDING AND SAFETY DEPARTMENT
19.
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.
20.
Submit at time of plan review, complete exterior site lighting plans for the facility showing
compliance with Ordinance No. 855 for the regulation of light pollution. All 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.
21.
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.
22.
Obtain all building plans and permit apprevals prior to commencement of any construction
work.
23. Obtain Street addressing for all proposed buildings prior to submittal for plan review.
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24. Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
25.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
26.
Provide electrical plan including load calculations and panel schedule and mechanical plan
for plan review.
27.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
28. Show all building setbacks.
29.
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 occupied 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
30.
31.
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.
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)
32.
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)
33.
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)
34. Provide a 2A: 10BC fire extinguisher inside each building or temporary structure on the site.
35.
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)
36.
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
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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)
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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