HomeMy WebLinkAbout11-002 PC Resolution J .
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 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 , compatib/e 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 fo 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, th.e 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 te/ecommunications facility
integrated within an existing structure. The modification has been reviewed and
conditioned to ensure it is in conformance _wifh the General Plan of Temecula;
State law, and other Drdinances of the-City -
G: The overall development of the. land is designed .for the profection of.the
public health; safety; and general welfare;
The propased project is consistent with the requirements outlined in Chapter: _
17,Q4.010 of the City of Temecula's Development Code; and fhe =projecf is
consistent with the current Building and Fire Codes; which contain provisions_to
protect health; safety, and general we/fare of the communify
Section 3: Environmenfal Findings. The Planning Commission .hereby makes
the .following environmental findings and deferminations in connection with the approval
of the Conditional Use. Fermit Application:_ .
A: In accordance with fhe .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 pr.oject consists of #he installation of a total:of finielve cellular panel antennas
within two. existing rooftop cupolas: . The first cupola will be raised a. total of four
feet: Tiie project is located within an. urbanized area and will on/y impact the
strucfure housing the cellular equipment: : The projecf and surrounding area has .�
already been developed and is thus not environmentally sensifive.
Section 4: Gonditions: The Planning Commission of the City of Temecula :
approves Planning Application Nos.- PA10-0257. and PA10-0337, a Condifional Use
Permit to allow a T-Mobile to install a.cellular facility withirr 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 Approvaf
set forth on Exhibit A attached herefo, and incorporated herein by this reference.
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Section 5: PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2"d day of February; 2011.
, v�
Fat Kight, Chairman
ATTEST:
Patrick Richardson, Secretary . :
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STATE OF CALIFORNIA . . . )
COUNTY OF RIVERSIDE. . . )ss
CITY OF TEMECULA )
I; Patrick Richardson, Secretary of the Temecula Planning. Commission; do
hereby certify that the focgoing PC Resolution No. .11_-02 was duly. and regularly ,.
:adopted 6y:the: Planning .Commission of the City= of .Temecula at a regular meeting
thereof held on the 2''tl day of February, 2011, by the following vote:
AYES; 5 PLANNING COMMISSIONERS: Carey; Guerriero, Harter, Kight; .
Telesio
NOES: _ 0 PLANNING COMMISSIONERS: None .
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PL:ANNING COMMISSIONERS; . None
�.
Patrick Richardson, Secrefary
1
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA09-0248
Project Description: 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
Assessor's Parcel No.: 960-330-017
MSHCP Category: Exempt (No New Square Footage/Grading)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage) �
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Approval Date: February 16, 2011
Expiration Date: February 16, 2013
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicanUdeveloper 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�
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 clefense.
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 finro 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
appcovaL
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
Departmenf 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 witFi, 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-Fridayfrom 7:00 a.m.-6:30 p.m. and Saturdayfrom
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 prov'ided. 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 (GFC Chapter 5).
F-4. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shalf 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. 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.
PD-2 Applicant shall ensure any trees surrounding the structure rooftop be kept at a distance
to deter roof accessibility by would-be burglars. Since trees also act as a natural ladder,
the branches must be pruned to have a six-foot clearance from the structure.
PD-3 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.
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