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HomeMy WebLinkAbout00-86 - Resolutions RESOLUTION NO. 00-86 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 00-07, ALLOWING A MAJOR WIRELESS FACILITY TO BE LOCATED WITHIN 500 FEET OF A RESIDENTIAL ZONE OR RESIDENTIAL STRUCTURE ON APPROXIMATELY 500 SQUARE FEET OF LEASED AREA ON A 5.64-ACRE PARCEL OF LAND IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 8647 BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: —207-022-14. A. Recitals. 1. Pacific Bell Wireless filed an application for the issuance of Variance No. 00-07, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 23rd day of August 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on August 23, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application contemplates the installation of a 65-foot"monopalm"on 21 feet by 22 feet(462 square feet) leased areas of land located at the northwest comer of a 5.64-acre parcel in the Neighborhood Commercial District. The leased area is located at 8647 Base Line Road approximately 800 feet west of the intersection of Base Line Road and Carnelian Street and is approximately 75 feet south of the curb face at Base Line Road; and b. The parcel in which the leased area is located is in the Neighborhood Commercial District and has a street frontage on Base Line Road of 450 feet and lot depth of approximately 600 feet; and C. The properties to the north and south of the subject site consist of single-family detached residential dwellings in the Low Residential District, with the nearest residence being 200 feet away. The property to the east consists of commercial business in the Neighborhood Commercial District. The property to the west is an improved flood control channel, Cucamonga County Water District facility, and a Regional Trail; and d. The proposed "monopalm" antenna will be located within 500 feet of single family detached homes; and PLANNING COMMISSION RESOLUTION NO. 00-86 VAR 00-07— PACIFIC BELL WIRELESS August 23, 2000 Page 2 e. There are existing Southern California Edison 65kv utility lines and poles of similar height across the street; and f. The proposed "monopalm" antenna will exceed the height restrictions of the Neighborhood Commercial District and is therefore classified as a Major Wireless Communications Facility; and g. The proposed "monopalm" antenna will not be located near any other existing wireless communication facility; and h. The Variance request is to allow a major wireless communication facility within approximately 500 feet of a residential zone or residential structure. i. The proposed "monopalm"will be located in the vicinity of four live Palm trees that it will match in appearance and height, utility lines and poles of similar height, and street trees. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. C. That the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. e. That the granting of the Variance will not be detrimental to the public health,safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division 1) Variance approval shall expire if building permits are not issued within five years from the date of approval. No extensions are allowed. 2) The four existing live Palm trees shall be preserved and maintained. Their dead fronds shall be removed. 3) This facility shall be of"monopalm"design to simulate the existing palm trees, including trunk, texture, and color. PLANNING COMMISSION RESOLUTION NO. 00-86 VAR 00-07— PACIFIC BELL WIRELESS August 23, 2000 Page 3 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: C La YT, McNiel, Chairman ATTEST: Brad B reta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd of August 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: . NONE ABSENT: COMMISSIONERS: TOLSTOY