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HomeMy WebLinkAbout120209 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS NOTICE TO THE PUBLIC CONSENT CALENDAR 1 Minutes RECOMMENDATION: TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 2, 2009 6:00 PM Earlene Bundy Carey Carey, Guerriero, Harter, Kight, and Telesio A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three minute time limit for individual speakers. All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. 1 Next in Order: Resolution: 2009 -28 1.1 Approve the Minutes of November 18, 2009 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Planning Application No. PA09 -0301, an Extension of Time application for Planning Application No. PA07 -0176, a Development Plan to expand the Stage Stop Center located at 28464 Old Town Front Street, Dana Schuma RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0301, THE FIRST ONE -YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA07 -0176) TO EXPAND THE TEMECULA STAGE STOP COMPLEX LOCATED AT 28464 OLD TOWN FRONT STREET (APN 922 023 -022) 3 Planning Application No. PA08 -0232, a Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas on a new ninety 93 -foot monopine, and four (4) BTS radio equipment cabinets to be housed in a new eight (8) foot combo CMU wall and chain link fence, located at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road, Cheryl Kitzerow /Matt Peters RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0232, A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS ANTENNA FACILITY CONSISTING OF A NEW 93 -FOOT 2 MONOPINE AND ASSOCIATED EQUIPMENT CABINETS AT TEMECULA CREEK INN GOLF COURSE LOCATED AT 44501 RAINBOW CANYON DRIVE (APN 922 220 -031) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, December 16, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.orq. 3 CALL TO ORDER: Flag Salute: Kight Roll Call: ABSENT: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 18, 2009 6:00 PM Carey, Guerriero, Harter, Kight, and Telesio HARTER Next in Order: Resolution: 2009 -25 Approve the Minutes of November 4, 2009 APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL; HARTER ABSENT 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL; HARTER ABSENT 3 Planning Application No. PA08 -0117, a Conditional Use Permit and Antenna Facility Application for a cell tower developed as three 35 -foot flaq poles with an equipment enclosure located 45100 Redhawk Parkway, Eric Jones CONTINUED TO DECEMBER 16, 2009 4- 0 -1 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0117, A CONDITIONAL USE PERMIT AND ANTENNA FACILITY APPLICATION FOR A TELECOMMUNICATIONS FACILITY DEVELOPED AS THREE 35' FLAG POLES LOCATED AT 45100 REDHAWK PARKWAY (APN 962 040 -012) 4 Planning Application No. PA09 -0197, a Development Plan to construct a 16,229 square foot, two -story medical office building on Pad D within Power Center II, located east of Promenade Mall Loop Road, west of Margarita Road, between North General Kearny and Campos Verde, Cheryl Kitzerow /Matt Peters APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER KIGHT; VOICE VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0197, A DEVELOPMENT PLAN TO CONSTRUCT A 16,229 SQUARE FOOT, TWO STORY MEDICAL OFFICE BUILDING ON PAD D WITHIN POWER CENTER II, LOCATED EAST OF PROMENADE MALL LOOP ROAD BETWEEN NORTH GENERAL KEARNY AND CAMPOS VERDE (APN 910 -470 -032) 5 Planning Application No. PA09 -0240, a one -year Extension of Time (1st) for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive, Cheryl Kitzerow /Matt Peters APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION 09- PC RESOLUTION 09 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0240, A ONE -YEAR EXTENSION OF TIME (1ST) FOR THE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT (PA06 -0193) FOR MORNING RIDGE CONDO CONVERSION LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD, ADDRESSED AS 30660 MILKY WAY DRIVE (APN 944 220 -003) 2 6 Planning Application No. PA09 -0242, the second one -year Extension of Time for PA06- 0118, Home Product Review for (Tract 33630) 10 single- family residences located on Rancho California Road east of Riesling Court, Cheryl Kitzerow /Matt Peters APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER KIGHT; VOICE VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 09 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0242, THE SECOND ONE -YEAR EXTENSION OF TIME FOR PA06 -0118, HOME PRODUCT REVIEW FOR 10 SINGLE FAMILY RESIDENCES (TRACT NO. 33630) LOCATED ON RANCHO CALIFORNIA ROAD EAST OF RIESLING COURT (APN 953 090 -028) Robert Beck, Temecula, expressed concern as to whether this project will cause the widening of Rancho California Road. Staff responded in the affirmative. REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, December 2, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Carl Carey Vice Chairman 3 Patrick Richardson Director of Planning and Redevelopment DATE OF MEETING: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION December 2, 2009 Dana Schuma, Case Planner Walt Allen Architects Planning Application Number PA09 -0301, the first one -year Extension of Time for a previously approved Development Plan (PA07 -0176) to expand the Temecula Stage Stop complex located at 28464 Old Town Front Street CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Adopt Resolution to Approve with Conditions BACKGROUND SUMMARY Planning Application No. PA09 -0301, submitted by Walt Allen Architects on October 6, 2009, is a request for the first Extension of Time for a previously approved Development Plan, Planning Application No. PA07 -0176, known as the Temecula Stage Stop expansion. The Development Plan was originally approved by the Planning Commission on November 7, 2007. The applicant would like to request an Extension of Time due to the economic downturn to allow time for the commercial and office market to improve. The originally approved Development Plan proposed an 11,456 square foot expansion to the existing Temecula Stage Stop complex. The approved expansion proposal included the addition of a 4,257 square foot office retail building over the existing bus bays, a 3,328 square foot second floor expansion over the existing Temecula Wine and Beer Garden, and 3,871 square feet of associated flat work improvements. The project site is located 28464 Old Town Front Street. Pursuant to Section 17.05.010.H of the Temecula Development Code, the applicant filed for an Extension of Time. No changes to the originally approved Development Plan are being proposed as part of this extension of time application. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable Ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Extension of Time based upon the findings and with the attached Conditions of Approval. 1 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 21, 2009, and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (CEQA Section 15301, Class 1 Existing Facilities). FINDINGS Development Plan (Development Code Section 17.05.010.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 project is consistent with the General Plan and the Development Code because the project has been designed in a manner that it is consistent with the applicable policies and standards for commercial office development. The proposed office retail building and expansion of the commercial use is permitted in the land use designation standards contained in the General Plan and Old Town Specific Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including site design, building height, setbacks, parking, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards, and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS Vicinity Map PC Resolution Exhibit A Conditions of Approval Notice of Public Hearing 2 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0301, THE FIRST ONE -YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA07 -0176) TO EXPAND THE TEMECULA STAGE STOP COMPLEX LOCATED AT 28464 OLD TOWN FRONT STREET (APN 922 023 -022) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, the Planning Commission approved Planning Application No. PA07 -0176, a Development Plan for an 11,456 sqaure foot expansion to the Temecula Stage Stop complex. B. On October 6, 2009, Walt Allen Architects filed Planning Application No. PA09 -0301, Extension of Time Application, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 2, 2009, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0301 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Extension of Time for Development Plan (Code Section 17.05.010F) A. 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 Extension of Time application is consistent with the original project. The proposal is consistent with the land use designation and policies reflected for development in the City of Temecula General Plan and the Old Town Specific Plan. The existing commercial complex would be expanded under this proposal. The project is consistent with all applicable requirements of State Law including Fire and Building Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Extension of Time application is consistent with the original project. The proposed project is consistent with the development standards outlined in the Old Town Specific Plan and City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); 1. The Project involves an Extension of Time for a previously approved expansion to the existing Temecula Stage Stop complex. No expansion of the previously approved Development Plan or use is proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0301, the first one -year Extension of Time for a previously approved Development Plan (PA07 -0176) to expand the Temecula Stage Stop complex located at 28464 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of December 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- 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 December 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA09 -0301 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements PL -1. EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL The first one -year Extension of Time for a previously approved Development Plan (PA07 -0176) to expand the Temecula Stage Stop complex located at 28464 Old Town Front Street 922 023 -022 Commercial Retail Commercial Retail Commercial December 2, 2009 November 7, 2010 (consistent with original approval) The applicant /developer shall deliver to the Planning Department 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 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department 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)). PL -2. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. PL -3. This approval shall be used within one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -4. The expiration of the application is subject to the underlying Development Plan or expiration date of subsequent extension of time approvals. PL -5. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 2 additional one -year extensions of time, one year at a time. BUILDING AND SAFETY DEPARTMENT General Requirements B -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. B -2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. FIRE PREVENTION General Requirements F -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. F -2. Having valid conditions in place, and appearing that no changes are being made that affect life safety we will make no additional conditions on this project at this time. ALL CONDITIONS previously placed on the project, and all codes and regulations in effect at the time of construction or alteration will be in full force and effect. F -3. The project will of course be subject to the applicable fire and life safety standards in place in the law at the time building and related permits are issued. F -4. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. 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. COMMUNITY SERVICES CS -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. PUBLIC WORKS PW -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA09 -0301 Walt Allen Architects The first one -year Extension of Time for a previously approved Development Plan (PA07 -0176) to expand the Temecula Stage Stop complex located at 28464 Old Town Front Street In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities); Dana Schuma, (951) 693 -3928 City of Temecula, Council Chambers December 2, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693 -3928. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: BACKGROUND SUMMARY STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION December 2, 2009 Cheryl Kitzerow /Matt Peters, Case Planners Planning Application Number PA08 -0232, a Conditional Use Permit/Antenna Facility Application for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas, four (4) radio equipment cabinets and one microwave dish with antennas attached to a new 93 -foot monopine and equipment cabinets housed in a new enclosure that is a combination eight (8) foot CMU wall and chain link fencing, located at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road Approve with Conditions Categorically Exempt Section 15332, Class 32 In -Fill Development Monica Moretta on behalf of Metro PCS Open Space /Recreation Commercial Overlay Public Park and Recreation (PR) Public Park and Recreation (PR): Developed with the maintenance building for Temecula Creek Inn and two other existing wireless facilities Open Space Temecula Creek Inn Driving Range Open Space Temecula Creek Inn Golf Course Open Space Temecula Creek Inn Golf Course Interstate 15 The project site is considered a multiple -user site as there are two existing wireless antenna facilities. These include a 77 -foot monopine cellular tower for AT &T Wireless and a 40 -foot monopole antenna for T- Mobile, with associated ground mounted equipment. On October 6, 1 2008, a Conditional Use Permit application was submitted proposing a 93 -foot monopine (faux tree) cellular tower with associated ground mounted equipment for MetroPCS. Staff has worked with the applicant to ensure that all concerns have been addressed and the applicant has worked diligently and cooperatively with staff to address aesthetic concerns of the monopine. ANALYSIS The project site is located along the western boundary of the Temecula Creek Inn Golf Course. The course's maintenance building is located north of the proposed facility, a maintenance access road runs along the east side of the project site, the 1 -15 freeway is located along the western boundary of the site, and two existing wireless facilities are located immediately south of the project site. The applicant is requesting to construct a new 93 -foot monopine and associated equipment cabinets within a new eight (8) foot high combination CMU wall and chain Zink fence enclosure. The site would be considered a multi -user site given the two existing facilities on -site. The applicant's proposal to locate on a multi -user site is consistent with Development Code Section 17.40.140 which promotes facility and site sharing, including such things as parking areas and access roads. This section of the code also encourages co- location; however co- location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off -line for a significant period of time. The applicant has stated that the existing facilities did not meet the height requirements for coverage, were not structurally capable of handling additional antennas, and modifying the existing facilities would require complete replacement (requiring the existing carrier to halt service during construction). For these reasons, staff has determined the additional monopine at this multi -user facility is consistent with the Development Code. Development Code Section 17.40.200 requires all wireless telecommunication facilities be sited so as to be visually compatible with their surroundings. The monopine will have limited visibility on -site; however it will be visible from Interstate 15. The proposed monopine will be located approximately 500 feet from Interstate 15, adjacent to the existing monopine on site. In order to maximize coverage, the proposed facility height must be 15 feet above the height of the antennas on the existing monopine. Staff has worked with the applicant and the City's telecommunication consultant and determined that the proposed height of 93 feet is required in order to accommodate the two service providers as necessitated to serve the telecommunication services within the area. Currently, the existing monopine extends approximately 20 feet above the grade of the freeway. Because the finished grade of the proposed facility is eight feet lower than the existing facility, the proposed monopine will only extend an additional eight feet above the existing monopine when seen from the freeway. The proposed facility meets all of the development standard requirements and setbacks as set forth within the Public Park and Recreation Zoning District. Furthermore, as required by Development Code Section 17.40.110, the tower is not located closer than 75 feet from any residential structure. The City's telecommunication consultant has reviewed the proposal and has determined that the antenna location is appropriate and is in compliance with FCC safety rules and regulations. 2 Architecture The facility has been designed so that all antenna panels will have a pine needle antenna cover in order to increase its camouflaging and disguise the antenna arrays. The monopine cell tower will be constructed with adequate branch coverage, full foliage, three dimensional bark cladding, and a naturally shaped canopy of branches to meet the design requirements. Landscaping The project has been conditioned to ensure that all existing trees surrounding the existing facility remain intact. Due to the site's limited public visibility, no additional landscaping is proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 21, 2009 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In -fill Development Project). The project site is located within a Multiple Species Habitat Conservation Area (MSHCP) Criteria Cell; however, no conservation is proposed or required. A Joint Project Review was conducted and the project has been determined to be consistent with the MSHCP. FINDINGS The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The project is permitted by Conditional Use Permit within the Public Park and Recreation Zone. The proposal to construct a telecommunication facility on a multi -user site is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. 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. The project is not highly visible to the public. It is proposed on the western side of the Temecula Creek Inn Golf Course site adjacent to an existing 77 foot monopine (AT &T) and 40 -foot monopole (T- Mobile) along Interstate 15. The proposed facility will be compatible with the existing monopine facility. No residences are adjacent to the site. There is no demonstrated evidence that wireless communication systems would adversely affect adjacent uses. 3 The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site is already developed with two telecommunication facilities and associated equipment. Adjacent to the site is the maintenance facility building for the Temecula Creek Inn Golf Course. The existing site conditions are adequate in size and shape to integrate the new monopine and associated equipment, as proposed. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. Provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety, and welfare are safeguarded. The project is consistent with these documents and has been conditioned to meet all applicable requirements. In addition, wireless telecommunication facilities and antennas are not known to emit hazardous substances or emit amounts of radiofrequency energy (RF) above permitted levels as regulated by the Federal Communications Commission. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Propagation Maps and Photo Simulations Resolution Exhibit A Draft Conditions of Approval Statement of Operations /Justification Notice of Public Hearing 4 City of Temecula 0 125 250 PA08 -0232 500 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. 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CA 972E 1 F>4 (-y CONSTRUCTION MGR.: FGYH 5'07(1 0044U0UTWaT C477ROA, 110 313 El CAM& 4731 &O AS 777 a31-107 PROJECT DESCRIPTION Tv[ 1x'0:. 0 s 4117 v.6 0474:z N, 74 (PANEL 44,070 4lx��w (7) 97 7, 7,70 9 a' -0' 1741 [vv CCU x74 /0144010774. TLCO 004 MO (1) C7S PROJECT INFORMATION 1047 0as w 91 44474 7�, 7044 144444149- PR (7.44 7741 477410 4404 4, 705904142/ (90) 9714444 &s7ro 443 400 770.u& IA11 Uc1 949400 411 441 TOTAL :7470 AY141 7/ 1014 AS& 9 /SEA D A t& COW-444 &DDSS 1 or* 7&774444 FEET 8494 ASO 009 44 4A 0/449447 4,444447774 9 797014 au 404790 A7 &MAOER Aa m 4ASV 7,4 04 10_7443_ 7 917' 044 0' 7414300 444,41( 19407 40107410170E CELL 70045 41427 04 777 43707 010':1.144: 5 -0 910:14001044 AM 123494 4.4443 WY4 SISEEI LEA& A&DA YA S0. fl, Royal Street Communications California, LLC TEMECULA CREEK INN LA3454A 44501 RAINBOW CANYON RD. TEMECULA, CA 92592 DRIVING DIRECTIONS FASO 4. FVF(: 7477 i 7414 S.991FAST 4 147 DTE 1- WE 41 447 CATO 4709. 79 7. NON 7017 9,070 700744064 DAY 4 O 4 0007 00AR& OA F v� O 77-@x7144, IuSn SYr, Erasf010 FM w ®l 00 0: 4e_Cpl VICINITY MAP 091707.,;0 GENERAL CONTRACTOR NOTES DO NOT SCALE DRAWINGS 0700.444500 14& 1 PANS 409 04 F 70 79740N A 090 FS 7703 ANYWCKTGS38107 7407444 µry(w 2E 771991 111.4 FOC SVk, ANTENNA SCHEDULE ANTENNA AL mq48C 9117 7 7 64104 87 ALOE 7!1177 944 AZISURTI `790774`( 74 SHEET INDEX L DIU n444. SSE .9144719) 64 DSPOSPADIC &D.& SSE RAS 474,.4400.70E 7044 4177400 4.014n 4 4497441:1474401 EAST a 1994171 777001111 3 WM 70440 APPROVALS P7 74344 4770 C094.4444 Royal Street Communications California, LLC '973 EL 07 REAL. 1571 701414, CA 92702 -PROJECT INFORMATION: TEMECULA CREEK INN LA3454A gnsm 47AINOOWCANYON RD, 0EASECULA. CA 92542 CURRENT 09/28/09 islssuc0 70,: LRN,= 100% ZD O 9a9/C9 97/31/79 IWS 27 1007 20 1407 20 1071 40 1004 30 1004 24 1910 37 05/12/99 43/27/09 12/14/09 74/14/99 O 9/24/90 99/99/90 79 /90/90 90/ 4 /90 1900 ZO 1000 CO m% 70 EN DC 94 EN OW E47145E7' DC CO HILL 9(4900 07940 LLC NE SUE 0- 0(10 147100 11I1.4 54467. SITE INFORMATION AND VICINITY,.!& T -1 10 57 4.4 nesco mom. i co. wcc tumour. .u ...rant .FroposEs 0r 56 74 0008 tor nu, ono- our 0: ,±.000. amp, Meat& (01660106.17 "0288007207.) swr/xvu (MUM or rms. or 10 0 6 0 Ma art 00 600 wirtr ..17E 00f .u2za..wnliero 000g) “S'en 71M. In LIT Ani.gre a' 3 1 3 coriln, mom& EWE= As non .97- 00 27 .0 .0 0074800x) Lssoma. 2.82 8,1323238A 28 A a« g u RY IX C. C. a a 00-03 a MOLT r0./ a SRO MCA; nECIE 4 SCUT/ POJNEI nun» awn' m NAM., OUR at PliCWITION SHOW ff WOK) 0 000TCS 111.1 PLUM MK. 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OF LANDS OF 0> "THE PAUSA LANG AND WATER COMPANY MS. 11 507 BLOCK 1 PARCEL 2 of LEGAL SESC ITEM 14 FALLS OJT OF SCOPf vx.z PORTION LOT 25 APR 922-' 220003 TRACT NO. 20310 M.8. 181 54-58 Army/2 1 PATENT DATED JANUARY 18, 1880 220 BOOK 1, PAGE 37 OF PATENTS PER RANCHO TEMECULA ARK 922- 220 -002 PORTION PARCEL. 2 OF CAL DESC 09 7007 m x2 H3)17 57 r 05 1)202 0 02.12 CVAK 140L1 A0417922- 20'002 03)740040' p 012900074 EGAE 2 OF 0 10041 OESC, @'0 10173.20 1. i 030 0007 E 8 Cro LEGAL DE000400ON (000nM070): ttGAL 07000!75101: 888. INDIC< sow388. ox sus cu nt sw3:871A,corp.. ANGLE CI M MC 740.1. TAI.10 CUCht 0001■10 TO DC 11£58 1.01/5 000.00/SET: r...0,.,. B M team. or A cunt 2892333 so AEL v., Rows AM. 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A A A SURVEYORS 0000 LOT 150 APR 322- 220000 8M ionvw.ON wn2 00 TIC 0003a 000x, Royal Street Communications California, LLC 2903 EL 040000 REAL 4560, 500019, CA, 92787 PR0ECr lrvrosunnoN: LA3454A TEMECULA CREEK INN 94501 RAINBOW CANYON RD. 108(00LA, CA 92592 1555E0 FOR OE DATE: 08/12/08 REVIEW (-RE 0 0SVfn 003 12V4w PI BY: 00/02/00 09 /m /00 3 07/12/09 ADDEO 1170.E INFO. JA 0417 BERT HAZE ASSOCIATES. 1 LAND SURVEYING MAPPING 333.9 NRWAy A0010, SLOE 00 -10 o 714 557-154.8 FAX BIG 022 4 094000 BY LILEASER: =49 M 14 TITLE TOPOGRAPHIC SURVEY B C -1 IEGENV KA An. 60 0 45 natee Bent Beenef EMI WNW BR We 011 nen En tl00va 00000 CPO 900X000 Fw 0100TT PDX Elex crP&lnn foe WC OE0 00 0000 000000000 FO WNW ne Fen! Fe 0100 cc OW 000 POP N 8070 IOW 11040N1 Pea 0017 Fenn 0/0 awe RN neln P it Ice cr EP one s 6 WE rp IN 1000 Per 000 004 me PDX 00 900 It Fen 1/78 PDX eel 0001£ —0 wee en rren C Wan Wen nenen {I ♦001)11}23 SEE SHEET 0 -1 FOR BOUNDARY AND TIRE INFO. Royal Street Communications California, LLC 2913 El. 0041140 REAL 9501, TV511N, 08 92782 PROJECT INFO LA3454A TEMECULA CREEK INN 44:01 RAINBOW CANYON RD, TEMECULA, CA 92592 0000601 07000 0010 08/12/08 ISSUED 400 REVIEW 090. =CE 10 08/12/00 00/20/00 00/1)/00 000100 400 0150100 Ber 000500 IMF 00:0. JA HEW MIZE LAND SURVEHNG MAPPING 3000 0044Y 000000. 0010 00 cpsTA „s1 o /0E Je 010077 714 557-150s Pm( TOPOGRAPHIC SURVEY 1 SHEET 00.0000: C -2 OVERALL SITE PLAN I,wrs I Nn-1 1 Royal Street Communications California, LLC 2913 El 521400 REAL, 1 061 055110. CA 92782 PROJECT INFORMATION. TEMECULA CREEK INN LA3454A 44501 RAINBOW CANYON 00. TEMECULA, CA 92592 CC0RENT 541 09/28/09 2500ED FOR 100% ZD RV. 0 5015%— OESC0F110N:: -0Yrv_ 5 09/10/09 01/31/05 7 05/12/09 03/27/09 12/16/00 e 11/16/08 3 09/26/00 2 09/09/00 /0 O OB /20 /00 100R 20 1051 30 1002 70 000110 0000 20 1001 70 1002 ZD 1000 ZD 1001 25 00.5 25 EN DC 00 15 CIVIL 100101ER. TCO.VSUL10 0 OAR c- D-G S EQUOIA EN DC 00 I 1 'SHEET RILE' OVERALL BITE PLAN A -1 021.108 iUg .romo (I URn •15 eau SITE PTA \1 1 Yz zn. ow zzooy 4 5\0 b,-2 r,11 Royal Street Communications California, LLC 2013 Cl CAMINO PEAL 8261 D007022 CA 92782 5803 TEMECULA CREEK INN LA3454A 440211NIN8002 CANYON 50. TEMECULA. CA 92502 09/28/09 LIED C8: OP 0/E DP 6:—. 100% ZD LE:= DESCPIPiION 8 07/30/09 10,2 w 7 05/72/09 1002 20 6 03 /97/00 1005 50 5 znziza 100. ,0 09/38/09 1005 00 11 /36/00 09/]6/00 09/09/08 09/09/08 08/ 8/08 0002 70 1022 30 1002 20 I077 70 992 z0 00 02 SK EN 9a Ex r emL 600012568 4CD0G {CVS0L 6188 S EQUOIA 1 —SHEET NY108E CHK 8Y: SITE PLAN A -2 11 N N m. 0 ANTENNA LAYOUT ENLARGED SITE PLAN -01 ryvn1 rr 111 7 l l I 1 EQUIPMENT LAYOUT Royal Street Communications California, LLC 2913 EL 501000 PEAL, p'561 TUSTIN. CA 92782 PROJE55 15150121100109, TEMECULA CREEK INN LA3454A 00505 RAINBOWCANYONRo TEMECULA. CA 92592 17 1 L CONSUanxT U 13555E DAT 09/28/09 x725500 5050 1 00% ZD L Rec= 9AlE=— DSSCamnoN 5 03/26/09 05/12/03 06/27/09 12 /10/06 07/31/09 11/26 /55 05/26/00 05/00/06 05/08/00 00/28/08 100% 20 0505 20 100 2D 1000 10 1000 35 1000 20 1000 20 1025 50 5050 50 OC CC EN EN 50 I9RA= N— LLICENSER: DC CC [000120E0510E 0100.0500000 LAYOUT& EQUIPMENT LAYOUT A -3 1 NORTH ELEVATION 0 Tow (0112 on; groou was,. sou mos avow nt 977 cA taro F Cam a 1m 2lait-- 7(7197 1c< mutt ,i Royal Street Communications California, LLC 291} EL CNN0 REAL, 01561 0002181 CA 92782 PROJECT INFORMATION: TEMECULA CREEK INN LA3454A 44501 RAINBOW CANYON RO TEMECULA. CA 92592 09/28/09 100% ZD _S CURRENT ISSUE DATE' ISSUED FOR REV. -DA 9 09/28/09 8 m /v /09 05/12/09 m /27/09 12/10/08 11/20/00 49/28/08 09/09/00 09/08/00 08/28/02 8220 28 1.200 20 OC DC l os 20 1000 70 00 1800 20 MA 20 1008 20 68 EN EN 1000 70 908 20 Ex xVA 'wGINEER COxx0LtDENGNO8w2,91. COVSV TANG 4 SEQUOIA 8Y u.EVSER: NU M8 DE 100101 8Y= EAST fi NORTH ELEVATIONS A -4 11=r1 I R? -9.12 ni RP. QT. 10)101535 rvuae.c amu 700 mmus mmosr -J Royal Street Communications California, LLC 2913 EL CAIA ENO PEAL. 5501 EUSTON CA 97787 01103010 500001151100: TEMECULA CREEK INN LA3454A 04001 R01900NCANY115 RD. TEI/.ECULA. CA 92552 [CURRENT ISSUE 08TS. 09/28/09 L ISSUED FOR: 100% ZD 09/25/09 07 /31/09 05/17/09 03/27/09 12/10/05 11/20/05 59 25 /05 09/03/05 09/C9/07 00/25/05 1005 70 1005 2D 1000 20 1000 20 1000 20 1030 00 1005 ZO 1E07 ZD 900. 10 sA 00 EN 000 -CONSULT. 0 .—DESCRIPTION' —90:- C COINELL OESIOX OBWq LL[ SEQUOIA DC OC WES0 SOUTH Ft 0100 :SHEET 00105800:3 A -5 NOT USED 1r 1 NOT USED ";,;1=i 1C NOT USED 1 11 NOT USED NOT USED 1L1 I6 NOT USED T 8 NOT USED J^•+ 1 NOT USED Ir 15 GPS MOUNTING DETAIL SERVICE LIGHTING ,..s 12 TA M1 Authorized Access Only For Emergency or Equipment related Issue Contact: Network Support Center (NSC) (866)428-2964 Site ID LA3454A rtori I n¢T& SGNBOMO SHALL BE 00 MOUNTED ECU EQUIPMENT CABINETS GFI[ 24 HR. CONTACT SIGNBOARD Royal Street Communications California, LLC 2913 Et CA0 NO 2EAL. 856 TUSTIN. 00 02702 L PROJECT INFORMATION TEMECULA CREEK INN LA3454A 44501 RAIN00NCPNYOY 00. TEMECULA. CA 02;02 CURRENT ISSUE 0001 09/28/09 ISSUED FOR: 100% ZD [REV. =DAT oo 0ooCRmno 09/20/00 07/31/00 05/11/09 0 03/2]/09 12/10/00 11/20/00 3 00/26/00 00/09/00 00/00/00 00/10/00 WZ z0 1000 70 1005 70 1000 20 10.3.2 20 00 1005. ED 100.^. E0 1002 00 50 EN 1000 20 900. 70 0 00 SEQUOIA 0 0000 BY: 00010 SM=ET n DETAILS `SMEEI NUMBER: D -1 Metro PCS Proposed Covera e in City of Temecula without LA345 Vn 7 Map Legend r Good -8dBm) Fair 95dBm) Margin$I(4fl4FIBm) Proposed Cell location fJ� metroPCS r ir od :sv.' 4 c�'5�,. pGr /.0 �X L." Map Legend Good $8dBm) Fair 95dBm) Margin I'(4 o -0Bm) Proposed Cell metroPCS Metro PCS Pro osed Covera einOlt of Temecula with LA3454 at 65 Map Legend 1-' 4115 Good Fair (-9543m) Margit*, (4O Prop4ied Cell Li:location metroPCS osed Covera m ‘Cft ofTemec O n Temecula with LA3454 at 75 \V- Map Legend Good 88dBm) Fair 95dBm) Margin l (4O4dBm) Propped Cell Location metroPCS Metro PCS Pro osed Covera e In C!t of Temecula with LA3454 at 85 r wer Royal Street Communications California, L.L.C. EXISTING LA3454A TEMECULA CREEK INN 44501 RAINBOW CANYON ROAD TEMECULA, CA 92592 AR ISTI engineen AEsims.com B77.9AE.sims RECEIVED Kt 1 6 2O09 By PROPOSED MDNOPINE WITH OREEN NEEDLES INCEOLES AND BARK TO MATCH MATERIAL SAMPLE/ MANUFACTURED BY CELL TREE INC LOOKING WEST FROM OOLF COURSE ACCURACY CF PHOTO EMULATION BABEL/ UPON INFORMATION PROVio[o BT PRCdtCT APPLICANT. Royal Street Communications California, L.L.C. LA3454A TEMECULA CREEK INN 44501 RAINBOW CANYON ROAD TEMECULA, CA 92592 ARTISTIC engineering AEsims.cam 877.9AE.sims PROPOSED MONOPINE WITH GREEN NEEDLES (NEEDLES AND BARK TO MATCH MATERIAL SAMP MANUFACTURED BY CELL TREE INC LOOKING WEBT FROM GOLF COURSE AOOURAOT of PI -(Oro RIMULATION °ABED UPON INFORMATION PROVIDCD NT PROJEC Royal Street Communications California, L.L.C. LA3454A TEMECULA CREEK INN 44501 RAINBOW CANYON ROAD TEMECULA, CA 92592 ARTISTIC engineering AEsims.com 877.9AE.slms PROPOSED MONOPINE WITH GREEN NEEDLES (NEEDLES AND BARK TO MATCH MATERIAL SAMPLE) MANUFACTURED BY CELL TREE INC .4• LOOKING NORTHEAST FROM 1 5 FREEWAY ACCURACY OF PHOTO SIMULATION CASCO UPON INFORMATION PROY/0¢0 OT PROJRCT APPLICANT. Royal Street Communications California, L.L.C. LA3454A TEMECULA CREEK INN 44501 RAINBOW CANYON ROAD TEMECULA, CA 92592 ARTISTIC eng1neering AEsIms.com 877.8AE.slms PROPOSED MONDPINE WITH BREEN NEEDLES (NEEDLES AND BARK TO MATCH MATERIAL SAMPLE) MANUFACTURED BY CELL TREE INC PRO PUNE0 LOOKING EAST FROM 1 5 F W ACCURACY OF PHOTO OINUUTION OAU.O UPON INFORMATION PRI:MORO OY PROJCCT APPLICANT. Royal Street Communications California, L.L.C. LA3454A TEMECULA CREEK INN 44501 RAINBOW CANYON ROAD TEMECULA, CA 92592 ARTISTIC engineering AEsIms.com 8729AE.slms PROPOSED 8 CMLI WALL TO MATCH EXIBTINO PROPOBEO ROYAL RTR[ET EQUIPMENT CARNETS pROpOOKO LOOKING WEST FROM SITE PROPOSED MONOPINE WITH ORI:EN NEEDLES (NEEDLED AND DARK TO MATCH MATERIAL SAMPLE) MANUFACTURED BY CELL TREE INC ACCURACY OF PHOTO RiMULATION OARED UPON INFORMATION PROVmen OT PROJECT APPUOANT. PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0232, A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS ANTENNA FACILITY CONSISTING OF A NEW 93 -FOOT MONOPINE AND ASSOCIATED EQUIPMENT CABINETS AT TEMECULA CREEK INN GOLF COURSE LOCATED AT 44501 RAINBOW CANYON DRIVE (APN 922 220 -031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 6, 2008, Royal Street Communications filed Planning Application No. PA08 -0232, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 2, 2009, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08 -0232 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. 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 project is permitted by Conditional Use Permit within the Public Park and Recreation Zone. The proposal to construct a telecommunication facility on a multi -user site is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. 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; The project is not highly visible to the public. It is proposed on the western side of the Temecula Creek Inn Golf Course site adjacent to an existing 77 -foot monopine (AT &T) and 40 -foot monopole (T- Mobile) along Interstate 15. The proposed facility will be compatible with the existing monopine facility. No residences are directly adjacent to the facility. There is no demonstrated evidence that wireless communication systems would adversely affect any surrounding residences or other uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site is already developed with two telecommunication facilities and associated equipment. Adjacent to the site is the maintenance facility building for the Temecula Creek Inn Golf Course. The existing site conditions are adequate in size and shape to integrate the new monopine and associated equipment, as proposed. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; Provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety, and welfare are safeguarded. The project is consistent with these documents and has been conditioned to meet all applicable requirements. In addition, wireless telecommunication facilities and antennas are not known to emit hazardous substances or emit amounts of radiofrequency energy (RF) above permitted levels as regulated by the Federal Communications Commission. E. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The project has been completely reviewed, as a whole, in reference to all applicable codes and Ordinances before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In -fill Development Projects). 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed project is conditionally permitted within the within the Public Park and Recreation Zone. The project is consistent with all development standards, including setbacks and design requirements for the site. 2. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 556- square foot lease area site surrounded by an existing golf course and driving range within an established area. 3. The project site has no value as habitat for endangered, rare or threatened species. The property is not known to have any value as habitat for endangered, rare or threatened species as it has been previously graded, disturbed, and developed. The project site is located within a Multiple Species Habitat Conservation Area (MSHCP) Criteria Cell: however, no conservation is proposed or required. A Joint Project Review was conducted and the project has been determined to be consistent with the MSHCP. 4. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Development of this type, a wireless monopine facility, does not generate traffic, create noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan EIR. 5. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08 -0232, a Conditional Use Permit for a wireless facility including a 93 -foot monopine and associated equipment located at 44501 Rainbow Canyon Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of December 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- 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 December 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08 -0232 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements Planning Application Number PA08 -0232, a Conditional Use Permit /Antenna Facility Application for Metro PCS for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas, four (4) BTS radio equipment cabinets and one microwave dish with antennas attached to a new 93 -foot monopine and the equipment cabinets are to be housed in a new enclosure that is a combination eight (8) foot CMU wall and chain link fencing at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road 922 220 -031 N/A N/A N/A December 2, 2009 December 2, 2011 The applicant /developer shall deliver to the Planning Department 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 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department 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)). PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two 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 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file for Planning Application PA08 -0232 with the Planning Department. PL -7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -9. The applicant shall comply with the approved Statement of Operations and Justification on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to Issuance of Building Permit(s) PL -12. The 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 bythe applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -13. Construction Plans shall show and project shall be constructed to incorporate three dimensional full bark cladding provided on the tree trunk starting at the base (at grade) to the top of the monopine. No two- dimensional bark cladding wrapping applique shall be permitted. PL -14. Construction Plans shall show and project shall be constructed that all antennas installed on the monopine shall be permanently covered by pine needle socks. PL -15. Construction Plans shall show and project shall be constructed that all antennas, antenna mounts, antenna hardware, and antenna cables outside of the trunk shall be flat painted in a camouflage design of browns and greens. PL -16. Construction Plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL -17. The construction plans shall specify with a note that construction plans are consistent in design, scope and proposed execution of the approved photo simulations produced by Artistic Engineering submitted to the City of Temecula in this Planning Application No. PA08 -0232. PL -18. Construction Plans shall show and project shall be constructed so that the height of the overall wireless facility (from grade to the extreme top of the facility inclusive of the cement pad and all branches) shall not exceed a height of 93 feet. PL -19. The lowest branch on the monopine cell tower shall never be above the height of the immediately adjacent real trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -20. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions /Information B -1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights -of -way. B -3. Obtain all building plans and permit approvals prior to commencement of any construction work. B -4. Show all building setbacks. B -5. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94 -21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday Friday from 6:30 a.m. -6:30 p.m. and Saturday from 7:00 a.m. 6:30 p.m. No work is permitted on Sundays or Government Holidays. B -6. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. At Plan Review Submittal B -7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B -8. Provide appropriate stamp of a registered professional with original signature on plans. COMMUNITY SERVICES DEPARTMENT General Conditions /Information CS 1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS -2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS -3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. 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. F -2. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all- weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F -3. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F -4. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). Prior to Issuance of Certificate of Occupancy F -5. 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 fire fighting personnel (CFC Chapter 5, Section 506) F -6. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and /or signs (CFC Chapter 5, Section 503.3). PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right -of -way. PW -2. All grading and related activities shall conform to the Temecula Municipal Code Title 18, Grading, Erosion and Sediment Control. PW -3. The developer shall obtain an easement for ingress and egress over the adjacent property. POLICE DEPARTMENT General Requirements PD -1. Applicant shall ensure all landscaping surrounding the proposed equipment structure and slim line poles are kept at a height of no more than three feet from ground level. Plants, hedges and shrubbery shall be defensible plants to deter would -be intruders from breaking into the structure utilizing lower level entry ways. PD -2. Applicant shall ensure any trees surrounding the structure rooftop be kept at a distance to deter roof accessibility by "would -be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six -foot clearance from the structure. PD -3. Berms shall not exceed three feet in height. PD -4. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through environmental Design (CPTED). PD -5. All existing exterior lighting to the structure must be in compliance with Mount Palomar Lighting Ordinance 655. PD -6. All exterior doors to have their own vandal resistant fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -7. All exterior night lighting shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -8. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non business hours. The order, in part, states, "All California retail establishments, including, including but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Title 24, Part 6, of the California Code Of Regulations. PD -9. All doors, window, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. Any graffiti painted or marked upon the structure should be removed or painted over within twenty -four (24) hours of being discovered. Report all crimes to the Temecula Police 24 -hour dispatch center at 951 696 -HELP. PD -11. Any roof hatches shall be painted "International Orange." PD -12. Crime prevention through environmental design (CPTED) as developed bythe National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: PD -13. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. PD -14. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi public to private space. PD -15. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. PD -16. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. PD -17. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. PD -18. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. PD -19. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. PD -20. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clean lines -of sight serve to provide such a perception of surveillance. PD -21. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -22. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -23. Contact the Crime Prevention and Plans Unit if you have any questions relating to these conditions at 951 695 -2773. S E Y ME �E O S. INC. SITE JUSTIFICATION AND STATEMENT OF OPERATIONS STUDY FOR LA3454 -A TEMECULA CREEK 44501 RAINBOW CANYON ROAD TEMECULA, CA 92592 APN: 922 220 -003. -002, -031 Royal Street Communications California, LLC selected the proposed location for a needed wireless facility as it was the best location available for the facility when considering the needs of the network, land use patterns in the area, willingness of the landlord to enter into a lease for the facility, and the zoning code requirements of the City of Temecula. The facility is needed to provide wireless service in an area where Royal Street Communications customers are unable to make a call or keep a call connected. The need of a facility is determined by the increasing number of Royal Street Customers in the City of Temecula. The target of the proposed site is to provide continuous coverage to the 1 -15 Freeway and the northern part of Old Highway 295. This facility will also cover the residential area east of the freeway. The facility will increase signal strength and the network capacity in and surrounding the neighborhood adjacent to the site to better serve the communications needs of the residents, workers and visitors in the City of Temecula. Radio frequency propagation maps shows the existing coverage and the modeled coverage after installation of the facility at the proposed height are attached. Approval of the facility at the proposed height provides the needed coverage for the surrounding neighborhood, providing a high quality signal for both indoor and outdoor users of the network. The proposed site is zoned Public Park Et Recreation (PR),and the current use of the project site is a Golf Course and the General Plans Designation is Highway Traffic. All adjacent land uses are zoned PR Public Park Et Recreation except for the property to the west that is zone Hillside Residential (HR). The proposed site location was selected since is not developed or used for residential purposes and already has two existing wireless facility that are from residential views and away from public views. The current location is best suited for the facility as it offers space for the equipment and antennas, when considering zoning restrictions and design compatibility and offers the best opportunity to screen the installation and fully comply with the code. Due to the topography and change of slope, Royal Streets Communication equipment and facility is located at a lower elevation however, the antennas are at a similar height to cover the target objective. Maps showing the coverage as a co- location are attached to this application for reference. Please refer to attached photo simulation and site photos for further details. The equipment location was selected as the space available did not altered the functionality/ circulation patterns or character of the existing development. In addition, Royal Street Communications is proposing to cover the antennas with faux green pine needles to better conceal the antennas. About Royal Street As a licensee authorized by the Federal Communications Commission to provide wireless services in this region, Royal Street Communications must establish a network of wireless telecommunications facilities in the metropolitan area and beyond. Each LA3454 -D Site Justification Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA08 -0232 Monica Moretta, Royal Street Communications for MetroPCS A Conditional Use Permit /Antenna Facility Application for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas, four (4) BTS radio equipment cabinets and one microwave dish with antennas attached to a new 93 -foot monopine and the equipment cabinets are to be housed in a new enclosure, located at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15332, Class 32, In -fill Development Cheryl Kitzerow /Matt Peters, (951) 694 -6409 City of Temecula, Council Chambers December 2, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694 -6409.