HomeMy WebLinkAbout02_039 PC ResolutionPC RESOLUTION NO. 2002-039
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA OVERTURNING THE PLANNING
DIRECTOR'S DECISION TO DENY PLANNING APPLICATION
NO. 01-0601, A MINOR CONDITIONAL USE PERMIT !
DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND
OPERATE AN UNMANNED TELECOMMUNICATIONS
FAClLTIY CONSlTING OF REPLACING TWO EXISTING GOLF
BALL NE'I-rING WOOD POLES WITH TWO CAMOUFLAGED
METAL POLES AND ASSOCIATED EQUIPMENT LOCATED
ON THE NORTHEAST CORNER OF RANCHO CALIFORNIA
ROAD AND MARGARITA ROAD IN THE TEMEKU HILLS GOLF
COURSE AND KNOWN AS ASSESSORS PARCEL NO. 953-
340-015
WHEREAS, Marc Meyers, representing Compass Telecom, filed Planning Application
No. 01-0601, in a manner in accord with the City of Temecula General Plan and Development
Code;
WHEREAS, Planning Application No. 01-0601 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 held a duly noticed public hearing on May 9, 2002 and
May 30, 2002 to consider the application; and
WHEREAS, the Planning Director considered Planning Application No. 01-0601 on
August 9, 2002 and May 30, 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's hearing and after due consideration of the
staff report and public testimony, the Planning Director denied Planning Application No. 01-
0601;
WHEREAS, an appeal of the Planning Director's decision to deny Planning Application
PA01-0601 was properly filed by Compass Telecom Services on June 11,2002;and
WHEREAS, the Planning Commission considered the appeal, staff report, Planning
Director Minutes and the complete public record at a duly noticed public hearings on August 7,
2002 and September 18, 2002; and
WHEREAS, the Planning Commission determined that the Planning Director's findings
were not consistent with the requirements of the City's General Plan, Development Code, and
all other applicable state and local laws; and
WHEREAS, the appeal application adequately presented a fair argument and provided
sufficient evidence to demonstrate consistency with the City's Telecommunication Ordinance
and to overturn the Planning Director's decision;
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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. 01-0601 (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 minor conditional use is consistent with the General Plan and the
Development Code.
The proposed minor conditional use permit is consistent with the City of Temecula
General Plan and the Telecommunications Facility and Antenna Ordinance. Goal 1,
Policy 1.4of the General Plan requires that the City of Temecula "Consider the impacts
on the surrounding land uses and infrastructure when reviewing proposals for new
development." The project as proposed has incorporated various construction
techniques to reduce the impacts of the proposed antennas such as installing metal
poles, which will be clad with simulated bark, matching the existing wood poles.
Considering the stealthing proposed, the project as conditioned, will also meet the
general requirements as outlined in the Telecommunications Facility and Antenna
Ordinance, which requires that the City "Protect the visual character of the City from
potential adverse effects of telecommunication facility development and antenna
installation by maintaining architectural and structural integrity and preventing unsightly
facilities."
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 conditioned, the telecommunication facility is designed so as to completely screen
the antennas and associated equipment. The proposed antennas will replace two
existing wood poles and will be compatible with the nature, condition and development
of the Temeku Hills Golf Course.
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.
The proposed minor conditional use permit for a wireless communication facility will be
located within an existing golf course and will not impact the site substantially since it
replaces an existing structure and because there is adequate space for the equipment
enclosure.
D. The nature of the proposed conditional use is not detrimental to the health, safety, and
welfare of the community.
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The project is consistent with the goals and policies contained within the General plan
and Development Code. Goal 1, Po/icy 1.4 of the Genera/Plan requires that the City of
Temecula "Consider the impacts on the surrounding land uses and infrastructure when
reviewing proposals for new development.' The operation and radiation levels of
antennas are regulated by the Federal Communication Commission (FCC) and are not
detrimental to health, safety, and general welfare of the community. Compliance with
the general plan and development code assures that this end result is achieved.
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 proposed site development for the proposed unmanned wireless cellular antenna
facility is in conformance with the City's General Plan, the Specific Plan and the
Development Code. The project as proposed has incorporated various construction
techniques to reduce the impacts of the proposed antennas such as installing metal
poles, which will be clad with simulated bark, matching the existing wood poles.
Additionally the equipment enclosure proposed will be screened from the public right of
way and will be screened from the existing Golf Course Community by the use of
matching stucco block walls and additional landscaping.
G. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The proposed site development for an unmanned wireless cellular antenna facility is in
conformance with the City's General Plan, the Specific Plan and Development Code.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 01-0601 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. 01-0601 (Minor Conditional Use Permit) a
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request to design, construct and operate an unmanned telecommunications facility consisting of
replacing two existing golf ball netting wood poles located on the northeast corner of Rancho
California Road in the Temeku Hills Golf Course, Planning Area 46 of the Margarita Specific
Plan 199.
Section 5. PASSED, APPROVED AND
Planning Commission this 2nd day of October 2002.
ATTEST:
ADOPTED by the City of Temecula
Debbie Ubnoske, Secretary
[SEAL]
STA~FE 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. 2002-039 was duly and regularly adopted by the Planning commission
of the City of Temecula at a regular meeting thereof held on the 2nd day of October, 2002, by
the following vote:
AYES: 3 PLANNING COMMISSIONERS: Mathewson, Olhasso, and Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Guerriero and Chiarman Chiniaeff
ABSTAIN: 0 PLANNING COMMISSIONERS: None
D~bbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
PA01-0601 MINOR CONDITIONAL USE PERMIT/DEVELOPMENT PLAN
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. EXHIBIT a
CITY OFTEMECULA
CONDITIONS OFAPPROVAL
Planning Application No:
PA01-0601 (Minor Conditional Use Permit /
Development Plan)
Project Description:
Planning Application to design, construct, and operate
an unmanned telecommunications facility consisting
of replacing two existing golf ball netting wood poles
that with two metal poles, which will contain the
antennas.
Project Location:
Located on the northeast corner of Rancho California
Road and Margarita Road in the Temeku Hills Golf
Course, Planning Area 46 of the Margarita Village
Specific Plan 199.
Development Impact Fee:
Service Commercial
Project Name:
Cingular Wireless
Assessor's Parcel No:
953-340-015
Approval Date:
October 2, 2002
Development Plan
Expiration Date:
October 2, 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,
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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
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.
The equipment enclosure proposed for this cellular site shall be constructed to match the
materials and colors of the existing monument sign on the northeast corner of Margarita
Road and Rancho California Road.
The proposed metal poles, which will house the cellular antenna, shall be constructed to
match the existing wood poles that currently support the golf ball netting for the golf
course. The poles shall be clad with a similar wood grain texture and height of the
existing wood poles as per the sample submitted and on file with the Planning
Department.
The equipment enclosure shall be properly screened from view to the satisfaction of the
Planning Department.
All conditions shall be complied with prior to any occupancy or use allowed by this Minor
Conditional Use Permit / Development Plan.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
Within two (2) years of development plan approval, commencement of construction shall
have occurred or the approval shall become null and void.
Prior to the Issuance of Building Permits
9. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
10.
The applicant shall submit a landscape plan that shows all existing landscaping and any
proposed landscaping to insure that the equipment enclosure is properly screened from
view.
11.
A maintenance/facility removal agreement, or enforceable provisions in a signed lease
that will assure the intent of the Telecommunication Facility and Antenna Ordinance will
be complied with, shall be signed by the applicant and shall be submitted to the Planning
Director prior to the approval of the building permit or other entitlement for use
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authorizing the establishment or modification of any telecommunications facility. The
agreement shall be in accordance with section 17.40.210 of the ordinance and comply
with all provisions set forth in this section.
TEMECULA COMMUNITY SERVICES DEPARTMENT
General Requirements
12.
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.
13. All access to the facility shall be from the Temeku Hills Golf Course site.
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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