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HomeMy WebLinkAbout05-20 - Resolutions RESOLUTION NO. 05-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2004-01176, FOR A 106-FOOT HIGH MONOPINE FOR WIRELESS COMMUNICATION PURPOSES ON 12 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED AT 5765 ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0225-122-12. A. Recitals. 1. T-Mobile, West End Communications Authority, and Cucamonga Valley Water District filed an application for the issuance of Conditional Use Permit DRC2004-01176,as described in the title of this Resolution. Hereinafter in this Resolution,the subject Conditional Use Permit request is referred to as "the application." 2. On the 23rd day of March 2005, 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 by the 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 March 23, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast corner of Etiwanda Avenue and Wilson Avenue,with a total street frontage of approximately 662 feet and a lot depth of approximately 774 feet, which is presently improved with a water treatment facility; and b. The property to the north of the subject site is zoned Low Residential and is vacant; the property to the east is zoned Very Low Residential and is vacant; the property to the west is zoned Very Low Residential and is developed with single-family dwelling units;the properties to the south are zoned Very Low Residential and are developed with single-family dwelling units and are vacant; and C. The application proposes the construction of a 106-foot monopine for wireless communication purposes that will provide co-location opportunities for multiple carriers, thereby, meeting the requirements of a Major W ireless Communication facilitywithin a residential district; and d. The proposed monopine will replace an existing legal, non-conforming 100-foot high lattice antenna tower with a monopine design that blends with the natural environment,thereby, PLANNING COMMISSION RESOLUTION NO. 05-20 DRC2004-01176—T-MOBILE, WEST END COMMUNICATIONS AUTHORITY, AND CVWD March 23, 2005 Page 2 mitigating the visual impact of the antenna tower and providing an aesthetic improvement,a design goal of the General Plan and Development Code. e. The City Planner mailed an informational letter, Site Plan,and photo simulation of the proposed monopine on January 10,2005,to all property owners within 300 feet of the proposed monopine. Residents were encouraged to contact the Planning Department to review the plans and/or ask questions. Planning staff did not receive any phone calls or correspondence from residents. 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. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental QualityAct of 1970,as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301(a) of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the installation of a 106-foot high monopine and for the removal of the existing 100-foot high antenna structure. The color of the parabolic antenna and all appurtenant supporting brackets and attachments shall be painted to match the monopine. Any expansion, modification, or alternation to the monopine shall require review and approval by the Planning Department. 2) At least four real Pine trees shall be planted around the monopine and equipment shelters. Final design, planting location, size, and species shall be subject to City Planner review and approval during plan check. Species shall match that represented by the monopine. 3) The equipment shelters shall have a stucco exterior. 4) All equipment necessary for the operation of the monopine shall be contained inside the equipment shelters. PLANNING COMMISSION RESOLUTION NO. 05-20 DRC2004-01176 —T-MOBILE, WEST END COMMUNICATIONS AUTHORITY, AND CVWD March 23, 2005 Page 3 5) Graffiti shall be removed within 72 hours. 6) Signs are not permitted on the monopine and equipment shelter except for those required by regulatory agencies. All signs required by regulatory agencies shall be pedestrian orientated to the extent possible. 7) The monopine and all appurtenant equipment shall be maintained in good condition at all times. Damaged branches, needles, and/or other appurtenant equipment shall be repaired promptly. 8) No wireless communication facility shall interfere with the public safety radio communications system including,but not limited to,the 800 MHz trunking system. If such facility is found to interfere with the public safety radio system, it shall immediately cease operations until such time as the problem is resolved to the satisfaction of the City. Fire Prevention/New Construction 1) The property must be kept clear of all combustible vegetation. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA AL � 4 BY: Larry cNliel, Vice Chairman ATTEST: Brad Bu rata 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 day of March 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT M CONDITIONAL USE PERMIT DRC2004-01176 SUBJECT: 106-FOOT HIGH MONOPINE WIRELESS FACILITY T-MOBILE, WEST END COMMUNICATIONS AUTHORITY, AND CUCAMONGA VALLEY APPLICANT: WATER DISTRICT LOCATION: 5765 ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 05-20 and Standard Conditions shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and Development Code regulations. 1 Project No. DRC2004-01176 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc'.)or prior to final map approval in the case of a custom lot subdivision,or approved use has commenced,whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls,berm ing,and/or landscaping to the satisfaction of the City Planner. Far single- family residential developments, transformers shall be placed in underground vaults. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. F. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 2 Project No. DRC2004-01176 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) G. General Requirements 1. Submit five complete sets of plans including the following: _/—/— a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets,detached) including the size of the main switch,number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(DRC2004-01176)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/—/- 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. H. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(DRC2004-01176). The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances,and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 3 Project No.DRC2004-01176 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). I. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 6. Upon tenant improvement plan check submittal, additional requirements may be needed. J. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. 4