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HomeMy WebLinkAbout021611 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]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 16, 2011 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Harter Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 11-03 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. NOTICE TO THE PUBLIC 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.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of February 2, 2011 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report 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. 3 Planning Application No. PA09-0248, an Antenna Facility Application to allow for the construction and operation of a wireless facility consisting of 18 panel antennas and one microwave dish attached to a new 43 -foot faux water tower located at 43980 Mahlon Vail Road, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0248, AN ANTENNA FACILITY APPLICATION TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS FACILITY CONSISTING OF 18 PANEL ANTENNAS ATTACHED TO A NEW 43 -FOOT FAUX WATER TOWER LOCATED AT 43980 MAHLON VAIL ROAD (APN 960-330-017) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, March 2, 2011, 6:00 PM City Council Chambers, 41000 Main Street, 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 41000 Main Street 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 2 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.citvoftemecula.orq. 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 2, 2011 — 6:00 PM Next in Order: Resolution: 11-02 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio 1.1 Approve the Minutes of January 19, 2011 APPROVED 5-0, MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 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 Nos. PA10-0257 and PA10-0337, an Antenna Facility Application and Major Modification to allow a cellular facility to be installed within the cupola of an existing structure that will be raised four feet with an additional antenna installed within an adjacent cupola that will riot be modified located at 44274 George Cushman Court, Eric Jones APPROVED 5-0, MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 1 RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 11-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10-0257 AND PA10-0337, A CONDITIONAL USE PERMIT TO ALLOW T -MOBILE TO INSTALL A CELLULAR FACILITY WITHIN THE EXISTING CUPOLA OF A TWO-STORY STRUCTURE AND A MAJOR MODIFICATION APPLICATION TO ALLOW THE EXISTING CUPOLA TO BE RAISED FOUR FEET, LOCATED AT 44272 GEORGE CUSHMAN COURT (APN 960-020-042) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 16, 2011, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Pat Kight Chairman 2 Patrick Richardson Director of Planning and Redevelopment CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: February 16, 2011 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for January, 2011 Date Case No. Proposal Applicant Action January 6, 2011 PA10-0298 A Tentative Parcel Map No. 36336 (for financing purposes) to subdivide 98 acres into 17 lots in the Service Commercial zone in Harveston Planning Area 12 John Tanner III RBF Consulting APPROVED January 6, 2011 PA10-0152 A Residential Tract Product Review for 59 lots (Tract 23064, Lots 23-74, 79-84, and 87) with units ranging in size from 2,888 to 3,406 square feet and includes three plans and four elevations Josh Gause Standard Pacific APPROVED Attachment: Action Agenda ACTION AGENDA ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING January 6, 2011 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Planning and Redevelopment PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: Item No. 2 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: PA 10-0298 Tentative Parcel Map Harveston Bieri TPM John Tanner III, RBF Consulting A Tentative Parcel Map No. 36336 (for financing purposes) to subdivide 98 acres into 17 lots in the Service Commercial zone in Harveston Planning Area 12 West of Ynez Road, east of Interstate 15, and north and south of Date Street CEQA Section 15162 Subsequent EIRs and Negative Declarations Cheryl Kitzerow APPROVED PA 10-0152 Residential Product Review Redhawk Hemmingway HPR Josh Gause, Standard Pacific A Residential Tract Product Review for 59 lots (Tract 23064, Lots 23- 74, 79-84, and 87) with units ranging in size from 2,888 to 3,406 square feet and includes three plan types and four elevations Deer Hollow and Corte Mislanca CEQA Section 15162 Subsequent EIRs and Negative Declarations Matt Peters APPROVED C:1Program Files\Neevia.Com\Document Converterltemp1990701.doc DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION February 16, 2011 Eric Jones, Case Planner Planning Application Number PA09-0248, an Antenna Facility application to construct, operate and maintain a wireless telecommunications facility consisting of 18 panel antennas attached to a new 43 -foot faux water tower located at 43980 Mahlon Vail Road Approve with Conditions Categorically Exempt Section 15332, Class 32, In -Fill Development PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Michael Crawford, Spectrum Surveying and Engineering Industrial Park (IP) Specific Plan No. 10 (Vail Ranch) Site: Existing Public Storage (IP) North: South: East: West: Total Floor Area/Ratio: Temecula Parkway, Existing Residential (LM) Temecula Creek, Existing Residential (LM) Existing Commercial (IP) Existing Commercial (IP) Existinq/Proposed Min/Max Allowable or Required 4.76 Acres .23 Acres Min N/A NIA Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On August 5, 2009, Michael Crawford, on behalf of Spectrum Surveying and Engineering, submitted Planning Application PA09-0248. The application will allow for the installation and operation of wireless telecommunication equipment within an existing public storage facility. 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 The applicant is requesting the approval of an Antenna Facility application to allow for the construction and operation of a Verizon wireless telecommunication facility disguised as a faux water tower located at 43980 Mahlon Vail Road. Verizon proposes to place antennas within the faux water tower. The faux water tower will be located on the southwest portion of the existing public storage facility behind the property wall. The design of the tower is intended to resemble water towers of the late 19th and early 20th century. This will be accomplished by featuring siding intended to give the appearance of natural wood. The tower supports will be painted the color "walnut bark" to ensure they also resemble wooden construction. The design is appropriate since it will compliment the farm house architecture and faux grain silo that exist on the property. The faux water tower will be a total of 43 feet in height. This height is within the 50 -foot limit provided within the Vail Ranch Specific Plan through Riverside County Ordinance 348. The tower will house three sectors with each sector containing six antennas for a total of 18 antennas. Support equipment for these antennas will be located in existing storage units adjacent to the tower. The applicant will pursue tenant improvements at a later date in order to modify the interior of these units to accommodate the necessary support equipment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 2, 2011 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) The project consists of the installation of a total of eighteen cellular antennas within a proposed tower designed to replicate a wooden water tower. The project is located within an urbanized area and will only impact the public storage facility housing the structure and support equipment. The project property and surrounding areas have already been fully developed and are thus not environmentally sensitive. 2 FINDINGS Conditional Use Permit (Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Conditional Use Permit is compatible with the surrounding land uses. The proposed use requires a minimal amount of servicing, which will create little traffic. The proposed use is consistent with and meets all the requirements stated in the Telecommunications Facility and Antenna Ordinance and Vail Ranch Specific Plan. 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. By designing the project to replicate a turn of the century water tower, the proposed project is designed to integrate with the existing facility and surrounding developments. The adjacent uses, buildings and structures will not be adversely affected by the project. 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 project is consistent with the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, the proposed conditional use meets the design requirements of the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. All antennas and their support equipment will be located within a faux water tower and existing storage units that will be internally modified and feature restricted access. The water tower will be fenced in a manner that prohibits unauthorized access. This location and fencing will ensure that unauthorized persons do not have easy access to the facility. In addition, the project has been reviewed for consistency with the Development Code, Building and Safety Code, and Fire Code, which all contain provisions to protect the health, safety, and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing 4 Ve/YZQ/1 wireless 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 7E A„awu MIOLCT 003.1003. • 69(201.011011 v (Iq ',mad maces PAWL 5x100121 AT A 40 COMMA( ROAM) OR A 103 IY50170703 • 657070.8700 OAA 00.234 0700 P4600 0t *1366 • 5012202)X 4 OF %MON ME1L16 810004 COAPRO(T CAp1In 100 MAW STORAGE 07411 • 65(AWTION OF (1) LOON 1140045 OPS MIOOM • 44144.LA505 Or A 000107 111018 K /000011 6406 0344 • 04(ALGll34 OF (2) 54X5041 090.59 4' RIX 010041 2011 OATES • 46/0010164 OFA 100201 9111209 3074 00/0701 8044)10 ON A S % 0 001001E PAD • COAXAL GALE MA6 PION 500072 10 6(70004 • MR 100650 0041 R1AI N CARNETS • MI 300A 0(0021(0 O5C760J1 501500 TO 8170 PROJECT DESCRIPTION CJ�pppppp PROPOSED LOCATION VICINITY MAP le50(4 TAPaser 708201 ES 13303 92110 CA :04 AMR( 004.3010 0. in ROOK (N) 0 7 9/010 BtriefitELMOMMAN 0060 006 0010 42100 MAIALN 0AR 5000 700OAA, CA POM* 02202 C20/ACO 001( 06A0 R406 (714) 200.7014 AVG OF C061I01M07009 510 FT. OCO0ANC7 7/001 0-3 C06570070171P0 Vi OARDIT 201640 60*30 PLAN (M-10) .501000101. 106012 LOCATOR LAI: L' 20 5030' N NAD 02 LOAM /17 07 01.04(3 R. 500 03 APR 000-123-017 072110101➢ R[OUROC1111C " 6 1.70.A1000 MO MOT fOR tgi ESSILGr NE2SNaGN LOGATRIk 02010006 807.M6411( 14100 0123 AN16NA 1002709 670001 R :Mel e 11CY 11(110( 0 uF 9X0017 70170 03120110 50360 620f VP 00T101MOER INC PROJECT SUMMARY JOSHAROO 43980 MAHLON VAIL ROAD TEMECULA, CALIFORNIA 92592 101 010 81919IK5 INKS K 13100100 *0 7912010 26006414 (M ITS 5012107 101004 P IK 0010*0 COOLS AS 000/710117 1191113.9 0007270 40111107E5 10106 0 PON 646 610E COSSII6E0 6 0D10I VOP[ MOT O0f00010 TO 01933 106* 1. 2001 CILAMX* 25WSIM00 0000 5 200? 300 40320 OM M 2008 60 1 2007 QC 925E0 20 M 2005 MC 4 2007 (Ac CASCO 06 103 2000 INC a. 2007 0 2007 CCA0IMMO 04 P0 A(01.64 (6000 0 IN4 7. 2007 CIC 4WD OR 126 2000 IPC CODE COMPUANCE STL 4t0D9110N/ PUMPING 50(0100 910200*5 a (116(51/010 1390 826E 11.. SUITE 110 /007010 OI0A1164CA. CA(OINA 41730 LK/0a 0/01X010 0110/10 (000) 044-8417 FAX (704) 044-5011 laYfairagta 6100170 51.002144c 60.9 1 OIOEEWNC LAS OAS. ',O 14 POST(VADA 10146 0043 ■ 60 (11060: (702) 307-1730 INC: (702)141-V33 41091003)RAL 912040418 T.40 n SMYAL 006060 5/607611 90012700 6 00011640 0903 5 POST P0. SUR 100 LAS 10000. 11EVA00 09140 50em0 TOLASELLO PRONE (702) 303-0310 701787 a 50.07100 51.0887100 *134396801110 0900 5 POST 20. AAT( 100 OS WAS. *VCO2 60144 0049 401 184000. (CO2) 201-7738 IM: (702) 357-0713 PROJECT TEAM SHEET DESCRIPTION REV. Tl MIL 06LT 6 Al ITE PLAN A2 IR OCTAL 50110(1 6 00800 0010000 AAO 50540*1 121071 A3 161744 6 3017 0.921100 A4 SOON 6 401 00169100 ®ED (00 SHEET NIDDC ZONING TITLE SIGNATURE DATE RP 1146x036 REAL ESTATE PROPERTY MINER 207080 APPROVAL CONSTRUCTION O((ECTOi 000171006 APPROVAL APPROVAL UST 1YM'%Ni(T)iTTSu 1 SSSS SAN) CAVV'O`. A'.'CVVE 13.111.90 D. 151 11 C^R O*NAC. C9.10.03*00 92018 o.cr )NEOR1An04 JOSHAROO 43990 MAHLON VAL ROAD IENECLM. CALIFORNIA 92592 002090741 1541E 00110 12/'7/10 :21(0 FCR: ZONING V.: CAA IE:=0ESCRIPIRON.9Y:-. ARS PREPA0EO 9r SURVEYING & ENGINEERING 7903 w P051 RD. 501E ICO LAS VEGAS, NEVADA 99149 PN. (702) 397-7705 FAX (702) 397-7733 42 07`=001.:-AP0: PAIICAA':RAIR ccrA_Ulc *3:00 L at C. 50(E) 701.5 TITLE SHEET 41(51 1000058122500: T1 6 LA% -140 6& 12/17/10 1.0 1(079007 R 5 11/10/10 OAR REN90N A(. Q10/0l/10 7A.40640 7009101.20 LANDLORD 7(07906.05 /900/02/6 & 00/02/00 001103 *49049 /Au Qt/ 01/01/0,1006 TOMO XX /, 80/02/01 E08 24640 c P. ARS PREPA0EO 9r SURVEYING & ENGINEERING 7903 w P051 RD. 501E ICO LAS VEGAS, NEVADA 99149 PN. (702) 397-7705 FAX (702) 397-7733 42 07`=001.:-AP0: PAIICAA':RAIR ccrA_Ulc *3:00 L at C. 50(E) 701.5 TITLE SHEET 41(51 1000058122500: T1 6 LA% -140 LEGAL Pi10N \ / Vattglintregoss 15505 SANO CRAYON 0077 /I ECA 0. 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Q11/10/10 ORWI 8001108 12 A10/01/10 LA44L010 11(NS04 AC L9n 0z/NI 1440.010 1LV.90 33. A1 (� 79/02/10 0O11140 401105 80. A',ie1Av1 Mal NNW BL A111/13/00 4011 444449 09. SURVEYING & ENGINEERING 8905 W POST R0. SUM 100 LAS VEGAS, NEVADA 89148 PN. (707) 367-7705 rox (702) 387-8733 �.PAN0AN8AI1u CEIALUIC WENER T nne SOUTH & WEST ELEVATIONS -SHEET NNBER. 4190N A4 6 LAN -9N JO S HARO O 43980 MAHLON VAIL ROAD TEMECULA, CALIFORNIA 92592 LOCATION 1( XIS 11 tiG PROPOSED VERIZON WIRELESS 43' FAUXAWATERrTANK PROPOSED 5ThRu M ail 1,1 fti' SF RAID SIIIYE I00 L1: \'EGL, NEVAL110113 Mee (702)367.771Pi 100,1102)3a$733 vera nwireless I5505iti\DC.1N N .,k£MIIE FL P. IRl1Ni.0 ALIR R\li 24'R JO SHAROO 43980 MAHLON VAIL ROAD TEMECULA, CALIFORNIA 92592 LOCATION +ice ;41 =al EXISTING • PROPOSED VFRIIZON _. 43' FAUX WAI?aa m K ;' PROPOSED SThRUM 8905 W. PC6F ROAD SUITE 100 LIS VEGAS, NEVA43 89148 OFFICE (702) 367.7700 FAX: (702, 3678733 vers onwireless I5505 SAND CANYON AMIE RIMING q IST FLCaNt Ot17NF, CGa11FORNIA 9268 JO S HARO 0 43980 MAHLON VAIL ROAD TEMECULA, CALIFORNIA 92592 LOCATION EXISTING 4 1.2=V2M2cligiE PROPOSED SThRUM 8905 W. POST REND SIVE 100 LAS VEGAS NEVADA 89148 Ma: (7021 367.7705 FAX (702) 367$733 verrgpnwireless 15505 5.V,D CANNON AVENUE BIRL:NC; 15 LST FLOOR et\I\F,CWKANP 9261R J 0 S HARO O 43980 MAHLON VAIL ROAD TEMECULA, CALIFORNIA 92592 LOCATION EXISTING PROPOSED VERIZON-WIRELBSS 43" FAUX WAGER TANK PROPOSED SDrRUM 8•X,5N: rosr R(.NL).M1flE tO0 VECAS,NEVAIN 8918 Cf RCE (7,32 367-7IO FAX (702) 367.8733 a vera nwireless 15505 SMD CANYON AVE 'l E BI11LONG Q I5F FLOOR. 0W INE, C161FOILNN 92615 PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0248, AN ANTENNA FACILITY APPLICATION TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS FACILITY CONSISTING OF 18 PANEL ANTENNAS ATTACHED TO A NEW 43 -FOOT FAUX WATER TOWER LOCATED AT 43980 MAHLON VAIL ROAD (APN 960-330-017) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 5, 2009, Michael Crawford, on behalf of Spectrum Surveying and Engineering, filed Planning Application No. PA09-0248, a Wireless Antenna/ 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 February 16, 2011, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA09-0248 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 17.04.010.E 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 proposed Conditional Use Permit is compatible with the surrounding land uses. The proposed use requires a minimal amount of servicing, which will create little traffic. The proposed use is consistent with and meets all the requirements stated in the Telecommunications Facility and Antenna Ordinance and Vail Ranch Specific Plan. 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; By designing the project to replicate a turn of the century water tower, the proposed project is designed to integrate with the existing facility and surrounding developments. The adjacent uses, buildings and structures will not be adversely affected by the project. 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 project is consistent with the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, the proposed conditional use meets the design requirements of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; All antennas and their support equipment will be located within a faux water tower and existing storage units that will be internally modified and feature restricted access. The water tower will be fenced in a manner that prohibits unauthorized access. This location and fencing will ensure that unauthorized persons do not have easy access to the facility. In addition, the project has been reviewed for consistency with the Development Code, Building and Safety Code, and Fire Code, which all contain provisions to protect the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal: The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole 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). The project consists of the installation of a total of eighteen cellular antennas within a proposed tower designed to replicate a wooden water tower. The project is located within an urbanized area and will only impact the public storage facility housing the structure and support equipment. The project property and surrounding areas have already been fully developed and are thus not environmentally sensitive. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09-0248, an Antenna Facility application to construct, operate and maintain a wireless facility consisting of 18 panel antennas attached to a new 43 -foot faux water tower located at 43980 Mahlon Vail 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 16th day of February, 2011. Pat Kight, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of February, 2011, 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.: PAO9-0248 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 An Antenna Facility application to construct, operate and maintain a wireless facility consisting of 18 panel antennas attached to a new 43 -foot faux water tower located at 43980 Mahlon Vail Road 960-330-017 Exempt (No New Square Footage/Grading) Exempt (No New Square Footage) Exempt (No New Square Footage) February 16, 2011 February 16, 2013 PL -1. 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)). General Requirements 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. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Vail Ranch). PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 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 paint a three-foot by three-foot section of the structure for Planning Department inspection, prior to commencing painting of the building. PL -10. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -11. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Water Tank Siding Wood Grain (Solar Communications International) Water Tank Supports Walnut Bark (Glidden #GLN20) PL -12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -13. 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. PL -14. 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. PL -15. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permit(s) PL -16. 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 by the 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 -17. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -18. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -19. 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 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 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 Municipal Code 9.20.060 for any site within one-quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday -Friday from 7:00 a.m.-6:30 p.m. and Saturday from 7:00 a.m.-6:30 p.m. No work is permitted on Sundays and Nationally recognized Holidays. B-6. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Prior to Submitting for Plan Review B-7. Obtain street addressing for all electrical meters on site At Plan Review Submittal B-8. Provide electrical plan including load calculations and panel schedule, applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-9. Provide appropriate stamp of a registered professional with original signature on plans. B-10. A pre -construction meeting is required with the building inspector prior to the start of building construction. 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. Prior to Issuance of Certificate of Occupancy F-2. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F-3. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). F-4. 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). F-5. 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). POLICE DEPARTMENT General Requirements PD -1. PD -2 Applicant shall ensure all landscaping surrounding the proposed equipment structure and slim line poles is 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. 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 All exterior lighting to the structure must be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -4. Any exterior doors shall have vandal resistant light fixtures installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -5. Any lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -6. 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 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 -7. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -8. 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 -9. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. 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. The developer shall obtain an easement for ingress and egress over the adjacent property. PW -3. Standard NPDES COA applies (PL -8). A WQMP is not required. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA09-0248 Michael Crawford, Spectrum Surveying and Engineering An Antenna Facility application to construct, operate and maintain a wireless facility consisting of 18 panel antennas and one microwave dish attached to a new 43 -foot faux water tower located at 43980 Mahlon Vail 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 Projects) Eric Jones, (951) 506-5115 City of Temecula, Council Chambers February 16, 2011 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 shall be filed within the time required by, and controlled by, 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 or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, 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) 506-5115.