Loading...
HomeMy WebLinkAbout10-027 PC Resolution PC RESOLUTION NO. 10-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0345, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A 40-FOOT CLOCK TOWER WIRELESS ANTENNA FACILITY SURROUNDED BY A SIX-FOOT WROUGHT IRON FENCE AND CONSISTING OF THREE SECTORS OF FOUR ANTENNAS EACH (12 PANEL ANTENNAS), TWO GPS ANTENNAS, A PARABOLIC ANTENNA, AND SUPPORTING GROUND RADIO EQUIPMENT CABINETS STORED INSIDE AN EXISTING U-STORE-IT STORAGE FACILITY BUILDING AT 44618 PECHANGA PARKWAY (961-010-009) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 3, 2009 Michael Crawford of Spectrum Surveying, filed Planning Application No. PA09-0345, 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 15, 2010, 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. PA09-0345 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 17.04.10.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 use is consistent with all requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, staff reviewed the project and has determined that the project is in conformance with the all the requirements of the General Plan. B. The proposed conditional use is compatible with the nature, condition and devetopment of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect uses, buildings or structures; The antenna facility is incorporated into a free standing clock tower that has been designed to match and enhance the architecture of the existing U-Store-It facility. The project is designed to have negligible impact on surrounding uses. C. The site for the 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; Based on the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code, the site for the conditional use is adequate to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The wireless antennas will be located inside a new clock tower and most equipment for the antenna facility will be housed inside the clock tower or an adjacent storage unit. This will prohibit unauthorized access to the facility. In addition, the project has been reviewed and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, safety and general welfare of the community, and the proposed project is consistent with the requirements outlined in the Development Code, and Building and Fire Codes, which 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 conditionally approve the use is 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 per Section 15303, Class 3, New Construction of Small Structures 1. This project includes the construction of a clock tower antenna facility at an existing U-Store-It storage facility on 3.04 acres. The area of construction for the clock tower consists of 796 square feet. The facility meets all development standards per the General Plan and Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09-0345, a Conditional Use Permit for a 40-foot clock tower wireless antenna facility, 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 15th day of December 2010. �� � Carl Carey, Chair an ATTEST: Patrick Richardson, Secretary , . �SEAL] -- � � . _ , '' STAi"E Or�c;aLIFORNIA ) , COUNTY O�-�RIVERSIDE )ss � _ �ITY OF TtMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10-27 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of December 2010, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Carey ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA - DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0345 Project Description: A Conditional Use Permit for the construction, operation, and maintenance of a 40-foot clock tower wireless antenna facility surrounded by a six-foot wrought iron fence and consisting of three sectors of four antennas each (12 panel antennas), two GPS antennas, a parabolic antenna, and supporting ground radio equipment cabinets stored inside an existing U-Store-It storage facility building at 44618 Pechanga Parkway Assessor's Parcel No.: 961-440-001 MSHCP Category: Exempt (developed site) � DIF Category: Business Park/Industrial TUMF Category: Industrial/Business Park r Approval Date: December 15, 2010 Expiration Date: December 15, 2012 - PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project 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 pollars ($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 applicanb 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 legislative body including actions approved by the.voters of the City, concerning the Planning Application: The Gity siiall 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 botli the applicanf 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 Ciry reserves the right to take any and alLaction the City deemsto be in the best inferest of.the City and its citizens in regards to such defense: PL-3. The permittee shall obtain City approval for any modifications or tevisions 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, subsfantial construction contemplated by tliis approval _within the finro year period; which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this . approval: PL-S. 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 3 one-year extensions of time, one year at a time. PL=6. The development.of the premises sfiall substanfially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7: The applicant shall paint a three=foot by three-foot section of the building forPlanning Department inspection, prior to commencing painting of the building.. PL-8: 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 Gity 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 inferest may appeal, affec payment of the regular cost of an appeal; the decision to tlie Planning Gommission for decision. MATERIAL COLOR Standing Seam Metal Roof Frazee CL2126N'`Minister" Banding and Trim Frazee CL2641 W"Blank" Arch Detail Frazee CLQ844D.'`D'ialogue" - Tower - Main Body Color CLW 1001 W''Tally-Ho" RL=9: This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code: :, PL-10. 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 bufi 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 Gify Council is in addition to, and not in- lieu of, the righf of tiie City; its Planning Director; P.lanning Commission, and City Council to review, revoke or modify any Conditional lJse Permit .approved or conditionally approved hereunder for any violations of the conditions imposed on sueh Conditional Use Permit or for the maintenance of any nuisance condition or other code ' violation the�eon. Prior to Issuance of Building Permit(s) FL-11. Tfie maintenance/facility.removal agreement, or enforceable provisions in a signed lease. that will assure the intent of the Telecommunication .Facilify 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 ofthe Ordinance.. Prior to Release of Power., Building:Occupancy or Any Use Allowed by This Permit PC-12. - The . applicanf shall be requiced to screen all loading areas and roof mounted. mechanicai 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 construcfing a sloping tile covered mansard roof element or other screening reviewed and approved by � the Flanning Director. P_L-13. All. of the foregoing condifions shall be complied with. prior to occupancy or any. use allowed by this permit: OUTSIDE AGENCIES PC-14: The applicant shall comply with the recommendations set forth in the County of Riverside Department ofEnvironmental Health's transmittal dated December 30, 2009, a copy of which is attached. 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 Ene�gy 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 Iighting shalF 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 Wireless Mono-Pine and Electrical meter At Plan Review Submittal B-8. Provide electrical plan including load calculations and panel schedule, applicable to scope of work for plan review. B-9. Provide structural calculations that have been stamped by the engineer of record. Prior to Issuance of Building Permit(s) B-10. Provide appropriate stamp of a registered professional with original signature on plans. � B-11. 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. F-2. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4) F-3. 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 Ibs. 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-4. 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). Prior to_ Issuance of Certificate .of Occupancy F-S. Hydrant locations shall be identified liy the installation of reflective markers (61Ue dots) per Gity Ordinance 15:16A20 Section E. F-6.. New and existing buildings shalP have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their bacRground. Commercial buildings shall have a minimum of 12-inch numbers with suite . numbers being a minimum of six inches in size. All suites shall haVe a minimum of 6- inch high letters and/or numbers on .both the front and rear doors (CFC Cfiapter 5, Section 505:1 and City_Ordinance 15.16.020 Section E). F=7. A"_Knox-Box" shall be proyided: The Knox-Box shall be installed a minimum of s.ix feefi in_height and be located to the righfiside of the fire riser sprinkler room (CFG Chapter5, Section 506). F-8. All manual and electronic gates on required Fire Department access roads or gates .. obstructing_ Fire Department building access shall 6e. provided with the Knox Rapid entry system for emecgency access by fire fighting personnel (CFCChapter 5; Section = 506 ): F-9. The applicantshall prepare and submit to the Fire Departmenf for approval; a site plan � designating fire lanes with appropriate lane painting and/or s'igns (CFC Cfiapter 5, Section 503.3:). F-10. CFC Chapter 23 and City Ordinance 15.16.020 Section J shall also apply. F=11. The developer/applicant shall be responsi6le for obtaining_ underground and/or aboveground tank permits for fhe storage of combustible liquids; flammable liquids.or any other ,hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 34 and City Ordinance 15.16.020). F-12. The applicant shall submit for review and approVal by the Gity Fire Department a Hazardous MateriaLlnventory Statement and Fire Department Technical Report: A full hazardous materials inventory report and color coded floor plan is required fo� any building storing or using hazardous materials (CFC Chapters 28 througti 44, Appendix Chapter 1 and Ciry Ordinance 15.16.020). F-13. A simple plot plan_ and a simple floor plan, each as .an electronic file_ of the :DV1/G format,.must be submitted to _the Fire Prevention Bureau. Confact Fire Prevention for appr.oval of alternative file formats which may be acceptable. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure all landscaping surrounding the proposed equipment structure and slim line poles is kept at a height of no more tharrthree 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, Applicanf 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 rnust be pruned to have.a six-foot clearance from the sfructure. . PD-3: . Berms shall not ezceed thr.ee feet in height. . PD-4: The placement of all landscaping should be in compliance with guidelines from Crime Prevention Througfi Enyironmental Design (CPTED). PD=5. All exterior lighting to the structure must be compliance with Riverside County Mount Palomar Lighting Ordinance 655; low pressure sodium lighting preferred. PD-6. All 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-7. All lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during liours of darkness. PD-8: . Applicant shall comply with the Govemor's order to address the power crisiS. This order became effective March 18,2001 calling for a subsfantial ceduction 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.properfy." 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 Co.de of Regulations.. .. PD-9. All doors, windows, loeking mechanisms, hinges, and other miscellaneous hardware shall be commercial.or institution grade. PD-10. Any graffiti painted or markeci upon the structure should be remoVed or painted over within twenry-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 by the National Crime Prevention Institute (NCPI) supports the concept that °the proper design and effective use of the built environment can lead to a reduetion in the fear and incidence of crime and an improvement in the quality of life." The. nine prirriary strategies that support this concept are included below: . . . . . - - � . � . . . � . . .� ./. - . . .. . . . . . . . . . . a. 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. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from publie fo semi-public to private space: c. Gatliering or congregating areas to be located or designated in locations where tliere is good surveillance and. access control. d. Place safe activities in unsafe locations. Safe activities attract normaf users.to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e: Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will iielp overcome risk and make the users of the areas feel safer. f.� Redesign the use of space to provide natural barriers: Separate activities #liat.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: g. 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. h. Redesign space to inerease the perception of natural surveillance. Abnormal users : need to be aware of the risk of detection and possible intervention: V1/indows.and clean lines-of sight serve to provide such.a perception of surveillance: . i: Overcome distance and isolation. This strategy may 6e accomplished through _ impro�ed communications (portable two-way radios _for example) and design : efficiencies such as the location of restrooms in a public building: PD-13. Business desiring a business security survey of ttieir location can eontact the Crime PreVention and Plans Unit of the Temecula Police Department at (951). 695-2773. PD-14. 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 Permif shall be obtained from the bepartment of Public Works prior to commencement of any construction within an existing or proposed City right-of-way: PW-2. Alt 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. COtJNTY �F RIVE�SIDE • C�MMUNITY HEALTN AGENGY I?�P,A�'T�IE�'I` �J� El\1VI�0111IVIENI'�1L �-IE.t�LT� December30, 2009 '���:� �����' ;;�1N 0 "7 2009 : City of Temecula .. -.-. Plannfng Department „��` L ..: .._ ___ Attn: 1VIatt.Peters, Planner . P:O: Box 9U33 Temecula CA 92589-9033 . SUBJECTi PA09-0345 - U STOR IT .MONOPINE (VERIZON WIRELESS) Dear Ivlr: Peters: The Department of Environmental Health (DEH) has reviewed the application for the above project_and offers the. following comments: PROJECT SUMMARY This project is proposing a 35 foot monopine wireless antenna.facility surrounded bya wrought iron fence and cons'isting of l8 panel antennas, 2 GPS antennas, a parabolic antenna and supporting ground radio equipment cabinets stored iriside an existing U. Stor It storage facility building located_ at 44618 Pechanga Parkway: The U Stor It storage facility appears to be connected.to iriunicipal water and sewer service. No plumbing is proposed for this project. WATER AND SEWER « WILL-SERVE" LETTER A"Will-Serve" letter ftom the agency(ies) that. will be providing potable water (i.e: . Raricho California Water District) and sanitary sewer service .(i:e. Eastern Municipal Water District) will be required if plumbing is proposed for this project. RNERSIDE COUNTY - HAZARDOUS MATERIALS Iv1ANAGEMENT BR.ANCH The facility may require a business emergency plan for the storage of ha.zardous materials . greater than SS gallons; 200 cubic feet or 500 pounds, or any acutely hazardous materials - or extremely hazardous substances. If further review of fihe site indicates additional environmental health issues, the Hazardous 1Vlaterials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. Please confact the Hazardous Materials Management Division, .at (951) 358-5055 for any additional requirements. L�r.el Enforcement Ageacy • P.O. Box 12$0, Rioerside, CA 92502-1280 �(909) 955-8982 •. FAX (909) 781•9653 • 40$0 Lemorr Street, 9th Floor, Riverside, CA 92`�Y Land Uae end Water Engl�ering • P.O. Box 1206, Riverside; CA 92502-120G •(909) 955-898U • FAX 19091 955-8903 • 4080 Lemon Street, 2nd Floor, Rioerside, CA 92501 . . ' � � . . . � - . ' . ' � . . - � - . . . . � . . . . . . . . . . . _ _ . - . ' . . Matt Peters, Planner. Gity of Temecula December 30, 2009 : If you have.any questions regarding this letter please contact me at (951) 955�8980.: S'ince el , - ,� Michael Mistica, R.E:H.S. Environmental.Health:Specialist IV _