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HomeMy WebLinkAbout15-17 PC ResolutionPC RESOLUTION NO. 15 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15 -0689, A CONDITIONAL USE PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -18M1) IN THE CITY OF TEMECULA ON THE SOUTH SIDE OF AGENA STREET APPROXIMATELY 200' WEST OF SOUTHERN CROSS ROAD Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 30, 2015 Aspectus, Inc. filed Planning Application No. PA15- 0689, 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 July 15, 2015, 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. PA15 -0689 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this 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, the project is in conformance with all the requirements of the General Plan and with all applicable requirements of State law and other Ordinances of the City. 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; The antennas have been located and designed to fit on an existing utility pole or match existing street lights already located in the City right -of -way. 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 required 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 in the City right -of -way and 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, PA15 -0689: a Conditional Use Permit to locate antennas on a new concrete street light pole as part of its wireless distributed antenna system (DAS) in the City of Temecula right of way. A. Pursuant to the California Environmental Quality Act ( "CEQA "), the Planning Commission has considered the proposed Conditional Use Permit Application. The Planning commission has also reviewed and considered the previously approved Mitigated Negative Declaration adopted by the City of Temecula Planning Commission on March 16, 2011, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Conditional Use Permit Application does not require the preparation of a subsequent Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also finds that the proposed Conditional Use Permit Application does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Conditional Use Permit Application will have one or more significant effects not previously discussed in the previously adopted Mitigated Negative Declaration. All potential environmental impacts associated with the proposed Conditional Use Permit Application are adequately addressed by the prior Mitigated Negative Declaration, and the mitigation measures contained therein will reduce those impacts to a level that is less than significant. No additional environmental documentation is required. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15 -0689, a Conditional Use Permit to locate antennas on a new concrete street light pole as part of its wireless distributed antenna system (DAS) in the City of Temecula right -of -way on the south side of Agena Steet, approximately 200' feet west of Southern Cross Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of July 2015. A:�7 Ron Guerriero, Interim Chairperson ATTEST: L at on, Interim Director of Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15 -17 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 July 2015, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Turley -Trejo ABSTAIN: 0 PLANNING COMMISSIONERS None ce Watson, I KenhLN rector of Community Development Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA15 -0689 Project Description: A Conditional Use Permit for Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18m1) in the City of Temecula on the south side of Agena Street approximately 200' west of Southern Cross Road Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: QUIMBY: Approval Date: Expiration Date: PLANNING DEPARTMENT City of Temecula publicly owned right -of -way NA (no grading) NA (no new square footage) NA (no new square footage) NA (non - residential) July 15, 2015 July 15, 2017 Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Thirty -One Dollars and Twenty-Five Cents ($2,231.25) which includes the Two Thousand One Hundred Eighty-One Dollars and Twenty-Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48 -hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition (Fish and Wildlife Code Section 711.4(c)]. General Requirements PL -2. The applicant 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 Community Development Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three (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. 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 -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 staffs 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 Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right -of -way Antennas and Flexwave Prisms Attached Gray /Metal /Off -White to Existing Wood Utility Poles PL -9. The applicant shall comply with their Site Justification Analysis /Statement of Operations contained on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Community Development 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 Community Development Director, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Community Development 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 -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PLA3. All graffiti shall be removed within 24 hours. Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation /construction of the site, archaeological /cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Community Development Director at his /her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and /or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Community Development Director shall notifythe property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological /cultural resource, the Community Development Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Community Development Director." 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 Community Development Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. 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 Final Approval CS -2. 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 buildings. B -2. All design components shall complywith applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B -4. 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 -5. Provide appropriate stamp of a registered professional with original signature on plans. 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. Each location shall be separately permitted for encroachment into the right -of -way. The number of active Encroachment Permits at any given time shall be limited based on the availability of Public Works Inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. PW -6. Applicant/Contractor shall have a representative of the Gas Company (Transmission Division) present during excavation of the Antenna pole footing due to the nearby proximity of the proposed Antenna site to an existing Gas Company easement. (Added at Planning Commission Hearing on July 15, 2015). PW -7. Applicant/Contractor shall provide a cross section to show the location and depth of the gas lines in comparison to the location of the footing for the DAS node /light pole footing as a safety precaution to make sure gas lines are not hit while digging. (Added at Planning Commission Hearing on July 15, 2015).