HomeMy WebLinkAbout11-041 PC Resolution PC RESOLUTION NO. 11-41
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA11-0069, A WIRELESS
TELECOMMUNICATIONS FACILITY APPLICATION TO
ALLOW A CELLULAR FACILITY DISGUISED AS A
STREET LIGHT TO BE LOCATED WITHIN THE PUBLIC
RIGHT-OF-WAY GENERALLY LOCATED ON PECHANGA
PARKWAY DIRECTLY ACROSS FROM VIA GILBERTO
(CLOSEST APN 961-020-027)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On March 17, 2011, James Rodgers, on behalf of T-Mobile West
Corporation, filed Planning Application No. PA11-0069, a Wireless Telecommunications
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 July 20, 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. PA11-0069 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 /and
. 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 sfated in the Te/ecommunications Facility and Antenna Ordinance.
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 uses, buildings or structures;
By designing the antenna to resemble existing street light poles, the proposed
project is designed to integrate with the existing streetscape. In addition, the
nearest residential structure to the antenna is focated approximately 170 feet to
the east. The use is determined to be compatible with the nature, condition and
development of adjacent uses, buildings and structures. Furthermore, the
condifional use will not adversely affect uses, b,uildings or structures.
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;
The project meets the requirements stated in the Antenna Ordinance (Chapter
17.40), as well as the applicab/e sections of the Development Code. As a result,
the proposed conditional use meefs 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;
Support equipment will be housed underground and will thus not be accessib/e
by unauthorized persons. The projecf has been reviewed and appropriately
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.
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 application for a Conditional Use Permit
` 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:
J
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 Conversion of Small Structures);
The project consists of the installation of a 35-foot street light pole with antennas
for wireless telecommunications. Support equipment will be placed within an
underground vau/t. The project is in an urbanized area and will not impact any
existing structures. 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 No. PA11-0069, a Wireless Telecommunications Facility
Application to allow a cellular facility disguised as a street light to be located within the
public right-of-way generally located on Pechanga Parkway directly across from Via
Gilberto, subject to tfie 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 20th day of July, 2011.
� c�
4�
� � ��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. 11-41 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 20th day of July 2011, by the following vote:
AYES: 3 PLANNING COMMISSIONERS: Carey, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Harter
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
1
/
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA11-0069
Project.Description: A Wireless Telecommunications Facility Application to allow a
cellular facility disguised as a street light to be located within the
public right-of-way generally located on Pechanga Parkway directly
across from Via Gilberto
Assessor's Parcel No.: 961-020-027 (closest)
MSHCP Category: N/A
DIF Category: N/A
TUMF Category: � N/A
Approval Date:� July 20, 2011
Expiration Date: July 20, 2013
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 amounf 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 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 instrumentaliry thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
` which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
PL-3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL-5. The Planning Director may, upon an application being filed prior to expiration, and for
'� good cause, grant a time extension of up to 3 one-year extensions of time, one year at a
time.
PL-6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-7. On telecommunication towers, equipment, walls or other structures, all graffiti shall be
removed within 24 hours.
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 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 Canister Match Corresponding Light Pole
PL-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, 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-11. 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-12. The applicant shall comply with the Public Art Ordinance.
PL-13. All costs associated with the relocation of any existing streetlights shall be paid for by
the developer.
Prior to Issuance of Encroachment Permit
PL-14. The developer shall contact the Temecula Community Services District (TCSD)
Maintenance Superintendent for a pre-construction meeting. Developer shall protect
the landscape and irrigation equipment in place and comply with TCSD review and
inspection processes. '
Prior to Issuance of Building Permit(s)
PL-15. 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-16. 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-17. Any damage to existing plant or irrigation equipment shall be replaced with like kind and
to the satisfaction of the TCSD Maintenance Superintendent.
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. Obtain street addressing for all proposed Antenna Facilities.
B-2. 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.
6-3. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-4. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
At Plan Review Submittal
B-5. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
Prior to Issuance of Building Permit(s)
B-6. Provide appropriate stamp of a registered professional with original signature on plans.
POLICE DEPARTMENT
General Requirements
PD-1. 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-2. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.
PUBLIC WORKS DEPARTMENT .
General Requirements
PW-1. An Encroachment Permit from the City of Temecula Public Works Department shall be ,
required prior to start of work. A separate permit shall be required for any extensive
conduit installation. �
PW-2. A Traffic Control Plan shall be submitted for review and approval by the Public works
Department prior to start of work.
PW-3. A Right-of-Way Agreement shall be executed between the Applicant and the City
Council pursuant to Section 17.40.220 of the Municipal Code.
PW-4. Antennas shall be installed a minimum of 75 feet from the nearest residence per
Section 17.40.110 of the Municipal Code.
PW-5. Provide construction drawings showing the location of proposed facilities in relation to
the right-of-way, sidewalk, curb line, and centerline of the street: Drawings shall show all
existing improvements including existing storm drains, utility facilities and conduits.
PW-6. A copy of the ApplicanYs Certificate of Public Convenience and Necessity (CPCN).
PW-7. Support facilities (i.e. vaults, equipment enclosures, utilities) in the public right-of-way
shall be placed in underground vaults to all extent. Installation of above-ground
cabinets and vaults shall be avoided.
PW-8. New underground telecommunications and electrical conduit shall be placed behind
curb in accordance with City Standard Drawing 609. A minimum 30 inches of cover
shall be maintained above the shallowest conduit. The vault lid shall be a heavy duty
traffic lid acceptable to the Public Works Department.
PW-9. Applicant shall utilize existing conduit whenever possible per Municipal Code Section
5.12.160. Excess capacity within existing conduits and facilities shall be utilized
whenever possible. Applicant shall investigate and identify locations of existing facilities
of all utility companies, including underground conduits that are available for shared use.
No excavations or directional borings shall be made without research and determination
by the Applicant of existing conduit availability, including contacting and coordinating with
owners of existing conduits.
PW-10. If it is determined that there are no other existing conduits available for shared use, the
Applicant shall certify in writing as such. The written statement shall describe in
reasonable detail the efforts made to obtain from other utility service providers the right
to use excess capacity within existing facilities.
PW-11. Location of any above-ground facilities shall be in compliance with Caltrans sight-
distance requirements.
PW-12. Applicant shall'coordinate the construction of new facilities with other providers in order to
avoid redundancy or the construction of new facilities.
PW-13. Installation of new conduit shall be by directional boring where possible. Open
excavation shall be avoided.
PW-14. Water discharge resulting from both construction and underground facility drainage
� shall comply with NPDES regulations.'
PW-15. The City.may apply reasonable, limitations upon the number of aboveground facilities that
may be installed within a designated geographical area,
�