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HomeMy WebLinkAbout020211 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 2, 2011 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 11-02 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 January 19, 2011 1 PUBLIC HEARING ITEMS 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 not be modified located at 44274 George Cushman Court, Eric Jones RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- 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 ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 16, 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 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. citvoftemecuIa.orq. 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 19, 2011 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Next in Order: Resolution: 11-01 Approve the Minutes of December 15, 2010 APPROVED 4-0-0-1, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL; CAREY ABSTAINED 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary APPROVED 4-0-0-1, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL; CAREY ABSTAINED 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. 1 3 Planning Application No. PA10-0338, a Major Modification to the Conditions of Approval for Tract 29661 (Roripaugh Ranch Panhandle, PA01-0253, Resolution 02-114) to change the drainage condition (portion of 59a) to allow for phased drainage improvements located along the south side of Murrieta Hot Springs Road to just west of the MWD easement (Tract 29661-1 through -5) in the Roripaugh Ranch Panhandle, Cheryl Kitzerow APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 11-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0338, A MAJOR MODIFICATION TO THE CONDITIONS OF APPROVAL FOR TRACT 29661 (RORIPAUGH RANCH PANHANDLE, PA01-0253, RESOLUTION 02- 114) TO CHANGE THE DRAINAGE CONDITION (PORTION OF 59A) TO ALLOW FOR PHASED DRAINAGE IMPROVEMENTS. PROJECT SITE IS THE RORIPAUGH RANCH "PANHANDLE" LOCATED ALONG THE SOUTH SIDE OF MURRIETA HOT SPRINGS ROAD TO JUST WEST OF THE MWD EASEMENT (TRACT 29661-1 THROUGH -5) REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 2, 2011, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Pat Kight Chairman 2 Patrick Richardson Director of Planning and Redevelopment DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION February 2, 2011 Eric Jones, Case Planner 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 an existing cupola to be raised four feet at 44274 George Cushman Court Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Anthony Serpa, on behalf of T -Mobile Industrial Park (IP) Specific Plan No. 10 (Vail Ranch) Site: Existing Medical Office/Industrial Park (IP) North: Temecula Parkway, Existing Residential/Low Medium Residential (LM) South: Existing Self-Storage/Industrial Park (IP) East: Existing Office, Retail/Industrial Park (IP) West: Existing Utility Station/Industrial Park (IP) Total Floor Area/Ratio: Existinq/Proposed Min/Max Allowable or Required 2.32 Acres 0.23 Acres Minimum N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY On August 31, 2010, Anthony Serpa, on behalf of T -Mobile, submitted Planning Application PA10-0257. This application consisted of a Conditional Use Permit designed to allow the construction and operation of a cellular facility. Staff determined after reviewing the application materials that a Major Modification application would also need to be filed for the proposed modification to raise the cupola four feet. The Major Modification application was submitted for review by Mr. Serpa on November 23, 2010. 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 a Conditional Use Permit and Major Modification to allow for the construction of a T -Mobile wireless telecommunication facility within the cupola of an existing two-story medical office building located at 44274 George Cushman Court. T -Mobile proposes to place antennas and their related support equipment at two rooftop locations that will be integrated within the structure. The site has been selected to help alleviate a coverage gap in the vicinity of Temecula Parkway. No changes to the site plan are proposed as part of the project. The first set of antennas will be housed within an existing rooftop cupola located on the west side of the structure. The arrangement of these antennas will consist of two sectors of four panel antennas. The cupola housing these antennas will need to be raised four feet in order to accommodate them and their necessary support equipment. This will raise the total building height from 44 feet to 48 feet. The new height is within code requirements since the Vail Ranch Specific Plan, which governs the project site, indicates that the maximum structure height shall not exceed 50 feet. In addition, the RF transparent materials used to raise the cupola will be identical in appearance to those already on the structure. The second set of antennas will be housed within a second existing cupola located on the south eastern side of the structure. The arrangement of these antennas will consist of one sector of four panel antennas. The cupola housing these antennas will not need to be raised in order to accommodate the antennas and required support equipment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 20, 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, 15303, Class 3 New Construction or the Conversion of Small Structures. The project consists of the installation of a total of twelve cellular panel antennas within two existing rooftop cupolas. The first cupola will be raised a total of four feet. The project is located within an urbanized area and will only impact the structure housing the cellular equipment. The project properly 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 tittle 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 riot adversely affect the adjacent uses, buildings or structures. By utilizing the two existing cupolas, the proposed project is designed to integrate with the existing structure 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 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 two existing rooftop cupolas. This location 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. Major Modifications (Section 17.05.030.E) 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. 3 The proposed modification is for the construction of a telecommunications facility integrated within an existing structure. The modification has been reviewed and conditioned to ensure it is in conformance with the General Plan of Temecula, State law, and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecula's Development Code, and the project is consistent with the current Building and Fire Codes, which contain provisions to protect health, safety, and general welfare of the community. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing 4 Project Site T • •Mobile'® I E24234C RED HAWK MEDICAL ROOFTOP 44274 GEORGE CUSHMAN COURT TEMECULA, CA 92592 RIVERSIDE COUNTY PROJECT INFORMATION 40.40 NOAH AAO 0( *mu M PEREIM0E0 040 WSINLEO 04 ACCCRCUICE WITH 171E CURRENT (0RAN5 Of 100 FOLLOWWG C00ES AS AOOPIEO Of THE LOCAL SOAKING AU7110RO4C5. H071m5G IN THESE PLANS 19 70 BE CONSTA000 TO PERWI 007% NOT COV700ONG TO ME IAIE57 E011/CHS Of THE FOLLOWING CONES. 1. 2007 (11RDM0 SGNMAOS MWBSIRr2NE 0000. 2. 2007 CAUPo4IE0A 11.01)040 COOS (CBC). 3. 2007 CALIFORNIA (11(100..1 COO (CCC). a. 2007 CAUFOANN ENERGY CODE. 5 7007 Fi(.0RN0 (100I44I20I4. 000E (CVC). 6. 2007 V100RNA nUW1950 COO( (CPC). 7 ANSI/EN-7224 UTE VIEW COO( IOP* -101 B LCCA 6111030' 0000. 9 0111/004(4(7' 00001000E5 418( AMIRMS. 44)74 0EO40E CUSHMAN COURT 101100104, CA 92592 p00P0990 08(0(0• SSC CARNAL RESOURCES, W 2200 0720 HOSE LME CASTRO VALLEY, CA 94526 CONTACT: 0071 ALEN NODE: (510) 582-3)92 0011: (610) 461-3140 0(01MM4CY CIASS/1CAMIONI 11-U05NR0 LYRE 0► (0N4T(IUCtgla RO0ET07-7B .IV00111071011: (OY OF 7C*EW1A Z0NM0- 9P-10 NW RAYC15 PEPTIC PIAN 1137AL LFA00 ARM (I) 258117 94. FT. (2) 52.25 SO. FT. 001(16003 PARCEL 10.8!1101 900..020.002 LAWR10E: n 70 PHOtet e1N1@CT EIES[{6P000t THIS PROPOSAL IS FOR THE INSTALLATION (1) NEW MO (5) FUTURE EOUIP0ENT DONETS ANO THE NOTION 00 (12) PANEL Ai1(0001 AND (1) 41M0WA(C YAWN AN 1.00(.1000 CUPOLA AI THE ROOF Of E105TIC IIL90*1G. 3326.69.35'5 14 33'26'59.21N 1170519.21'W 4 11705'17.57'* 1093' *4.5.0. SCE (000) 900-)788 0(0704 (000) 483-5000 SHEET INDEX ARCMIIK1021 7-1 TITLE SHEET LS -1 TOPOGRAPHIC SURVEY A-1 OVERALL SITE RAN A-2 ROOF ((JW A-2.1 EX/01040 AND PROPOSED PARTIAL ROOF PLANS A-22 PROPOSED ANTENNA LAYOUTS A-3 DOMING AND PROPOSED 50UTHWEST ELEVADON5 A--3.) EXISTING ANO PROPOSED SOUTHEAST ELEVATIONS PROJECT DIRECTORY _ 9457 (407400 01111[) 3257 awn MVO. WIT 300 OMA40. GA 81701 SERRE9011ATL IWIO 8(00: WOW 4141401: 1(00MA ((909 292-5095 00801184(00) NAN109' OEM IXWRCO (9 9)5-3851 11.,,(0.0417 HARKER 04.E 414401 (141 525-0440 447000 MOPS 80)NO (718 734-9041 (0.07 7/7/04707: (40 (.501101 901 213-0744 4AFAlC INIPIP 0 0700. 000 0088 06070 A11M1(, ROC 142 40001810 10(5. OA 31111 0017007: AN11.0NY NAPA 440100 (510) 7-6111 (2: (218) 203-0(01 (-08: ..M1.9.1N-N..ON. itirtiert 117 14 57 Ut SW. SUrr. 200 110811 COMI00 FRO 0015 PIOUS- 125 770-0431 FAY: 01 712-0646 FAY: 421 7(2-0846 APPROVALS BLOCK ME 00 1.1.070141 MOLES HEREBY APPROVE NCO ACCEPT MESE 000USENI5 AND AUTHORIZE TIE 14N7RAC70R TO PROCEED WITH 714 CONSTRUCI1011 045016500 HEREIN PAL CONS0RLM110N OOCUM0NTS AAE SUBJECT TO REVIEW Of RLE LOC11. 81.420 4110 000401NINI AID ANY 0I4.444LCS AND 800(0002 040 NET NAY YIPOSE. 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KEYED NOTES (5131100 0010000 (01100 00000051 0104 (0 02 ((CURD COSMIC 010004 9P410 70 •t0 1' C> nnuo 0.00:.6 00020.• Op 100/0110 (-11201 (-1096/01001 (0.00006 000 0 1(1000210 (-00100 (-100(000 190.4 0111 (11W0I 100002D 0-10010 00000110 (7000002 (10 7010.. 00 000000) 4> 040.9000 0-10:1410 10012.7.K 015201 (I 0000) 4> ~ono 1r -w0(0 0/0 10001.010 010 (2 2004) 4> 002000000 1-000(0 01 910 001 - WA= U 1200009 P102PO (0 0.110000 In -1110000000 000000 040. © 90200520 r -vont commit 00 0 AT (OW two( agiiik EXISTING SOUTHEAST ELEVATION 0 o' I•wit 0( 100.1. I($ 301(000 Tam M .04 I EXISTING SOUTHEAST ELEVATION 0 10' 20 u la 3td1 r• I( -V 9000 0011 1010 P • POW I 5' 15• R-PREVAREO rat. T • 'Mobile Stick Together' 3037 0 9090 AMO. Solt 130 0004100.01 90701 =000070( 00'OPLMAHOH IE24234C RED HAWK MEDICAL 44274 GEORGE CUSHION COURT 1CIAECUTA. CA 92592 RNERSIOE COUNIY CuRRMI 05170HATE_ 10/04/2010 REV. ZONING SUBMITTAL Qp 0/07/1.10 t0.Wi0 NW[. 01St 7/09/0000 110010 Ma K000 9300100m.+!10 000 Lam' 0!/09/2010 (201.11900 µstn w 204'094 00Y4fOxn Aw 00/10/2010 SA04 011.1M91° 7009 10/04/0010 4`42 IDi 4YSE9 WNl1C (011151: HY• 101 4 •� . ARM 1 EJC 110 .•,Intl Ilii EXISTING AND PROPOSED SOUTHEAST ELEVATIONS A-3.1 PC RESOLUTION NO. 11- 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 AN EXISTING CUPOLA TO BE RAISED FOUR FEET AT 44274 GEORGE CUSHMAN COURT (APN 960-020-042) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 31, 2010, Anthony Serpa, on behalf of T -Mobile, filed Planning Application No. PA10-0257, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. On November 23, 2010, Anthony Serpa, on behalf of T -Mobile, filed Planning Application No. PA10-0337, a Major Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Applications were 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 2, 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 Nos. PA10-0257 and PA10-0337 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 (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 utilizing the two existing cupolas, the proposed project is designed to integrate with the existing structure and surrounding developments. 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 has the applicable sections of the Development Code. As a result, the proposed conditional use meets the 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 two existing rooftop cupolas. This location 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, 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. Major Modifications (Section 17.05.030.E) F. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed modification is for the construction of a telecommunications facility integrated within an existing structure. The modification has been reviewed and conditioned to ensure it is in conformance with the General Plan of Temecula, State law, and other Ordinances of the City. G. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecula's Development Code, and the project is consistent with the current Building and Fire Codes, which contain provisions to protect health, safety, and general welfare of the community 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 15303, Class 3 New Construction or the Conversion of Small Structures); The project consists of the installation of a total of twelve cellular panel antennas within two existing rooftop cupolas. The first cupola will be raised a total of four feet. The project is located within an urbanized area and will only impact the structure housing the cellular equipment. The project and surrounding area has already been developed and is thus not environmentally sensitive. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA10-0257 and PA10-0337, a Conditional Use Permit to allow a 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 at 44274 George Cushman Court, 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 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 2nd 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.: PA10-0257 and PA10-0337 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 A Conditional Use Permit to allow a T -Mobile to install a cellular facility within the existing cupola of a two-story structure and a Major Modification Application to allow an existing cupola to be raised four feet located at 44272 George Cushman Court 960-020-042 Exempt (No New Square Footage) Exempt (No New Square Footage) Exempt (No New Square Footage) February 2, 2011 February 2, 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 riot 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 building 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 RF Transparent Stucco Match Existing PL -12. The applicant shall comply with their Statement of Operations dated August 31, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -13. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -14. 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 -15. 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 -16. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permit(s) PL -17. 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 -18. All downspouts shall be internalized. PL -19. 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 -20. 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 -21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -22. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 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. 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 Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal B-5. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-6. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-7. Provide appropriate stamp of a registered professional with original signature on plans. 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. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F-4. Fire sprinkler 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. The Cupolas that house the equipment will be required to be sprinklered if riot already. For any modifications to the existing sprinkler system, and tenant improvement sprinkler permit will be required. Prior to Issuance of Certificate of Occupancy F-5. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020 Section E). POLICE DEPARTMENT General Requirements PD -1. All exterior lighting to the structure must be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -2. 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 -3. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -4. 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 -5. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case Nos: PA10-0257 and PA10-0337 Applicant: Anthony Serpa, on behalf of T -Mobile Proposal: A Conditional Use Permit to allow a T -Mobile to install a cellular facility within the existing cupola of a two-story structure and a Major Modification Application to allow an existing cupola to be raised four feet at 44274 George Cushman Court Environmental: 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 15303, Class 3 New Construction or the Conversion of Small Structures) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: February 2, 2011 Time of Hearing: 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.