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HomeMy WebLinkAbout06-87 - Resolutions RESOLUTION NO. 06-87 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE APPLICANT AND UPHOLDING THE PLANNING DIRECTOR'S DENIAL OF MINOR DEVELOPMENT REVIEW DRC2006-00647, A REQUEST FOR CO-LOCATION OF WIRELESS COMMUNICATION ANTENNAS ON AN EXISTING MONOPOLE WIRELESS COMMUNICATION FACILITY ON THE WEST SIDE OF HYSSOP DRIVE AND SOUTH OF 6TH STREET IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 14); AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-283-12. A. Recitals. 1. Royal Street Communication,filed an application for the issuance of Minor Development Review DRC2006-00647,as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Development Review request is referred to as "the application." 2. On the 5th day of September 2006, the Planning Director of the City of Rancho Cucamonga denied the application with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision represented by said Planning Director determination was appealed in a timely manner to this Commission. 4. On October 11, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and the application. 5. 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 October 11, 2006, including written and oral staff reports, and the contents of the Planning Director determination letter of September 5, 2006, and together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site located on the west side of Hyssop Drive and south of 6th Street in the General Industrial district (Subarea 14); and b. The proposed site is presently developed with a single industrial building and a 0 wireless communication facility; and PLANNING COMMISSION RESOLUTION NO. 06-87 DRC2006-00647 — ROYAL STREET COMMUNICATIONS October 11, 2006 Page 2 C. The application proposes the installation of a six-sector antenna array on an existing monopole wireless communication facility and the construction of an additional equipment shelter directly adjacent to the existing equipment shelter; and d. The existing 90-foot high monopole was approved under Conditional Use Permit DRCUP94-16; and e. The modification of a Conditional Use Permit requires re-application for a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code Section 17.04.030.g.1. f. The proposal is a Major Wireless Communication Facility that requires a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.26.050. g. The proposed wireless communications facility is not consistent with the General Plan in that the existing wireless facility is not of a stealth design and does conform to Section 6.4.6.5 of the General Plan. This section states that a goal of the General Plan is to"ensure that communication towers are located and designed to blend with the surrounding environment." It goes on to outline that this goal is achieved by using stealth design techniques. The current non-stealth design does not conform to the intent of this goal and the addition of a second wireless carrier will only intensify the current nonconformity. The addition of a second carrier is the City's opportunity to replace the current non-conforming design with a stealth design and to bring the site into conformity with the General Plan; and h. The proposed wireless communications facility is not in accordance with the objectives of the Development Code or the purpose of the district in which the site is located. Chapter 17.26 (Wireless Communication Facilities)of the Development Code outlines the conditions under which wireless communication facilities are approved. A major objective of this chapter is to put the goals of the General Plan into action. Section 17.26.30 of this chapter lists the criteria to be used in reviewing the design and location of these facilities. Subsection At states that when considering the appropriateness of a design for wireless facility, "stealth facilities and concealed antennas are preferred." The proposed design is in direct conflict with these criteria and the goals set forth in the General Plan; and i. The proposed wireless communications facility does not comply with each of the applicable provisions of the Development Code. The existing wireless facility on which the applicant proposes co-locating does not conform to the development standards outlined in Chapter 17.26 of the Development Code. Permitting a second wireless carrier to occupy the present non-conforming facility would increase the level non-conformity which is in direct conflict with the intent of Section 17.02.030 of the Development Code. This section states that"no non-conforming use shall be enlarged or extended in such a way as to occupy any part of a structure or site which it did not occupy at the time it became a non-conforming use." The intent of this section is to limit the number and extent of non-conforming uses by regulating their enlargement or alteration. Permitting a second wireless carrier to co-locate on an existing non-conforming facility would be in conflict with this section of the Development Code; and j. The proposed wireless communications facility, together with the conditions applicable thereto, will be detrimental to the quality of life and injurious to properties or improvements in the vicinity. The design of the existing non-conforming wireless facility is not architecturally compatible to the surrounding area and has a negative aesthetic impact on the PLANNING COMMISSION RESOLUTION NO. 06-87 DRC2006-00647 — ROYAL STREET COMMUNICATIONS October 11, 2006 Page 3 neighboring property owners. The addition of a second wireless carrier will only increase the negative effects of the existing facility. Section 17.26.010 of the Development Code states that the purpose of the regulations in Chapter 17.26 is to "regulate the establishment of wireless communication facilities and thereby protect the public health, safety, general welfare and quality of life in Rancho Cucamonga." Without complying with the design criteria outlined in Chapter 17.26, staff can only find that the present design will be detrimental to the properties and improvements in the vicinity of the facility; and 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 Council hereby finds and concludes as follows: a. That the proposed project is not consistent with the objectives of the Development Code and the purposes of the district in which the site is located. b. That the proposed project together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. That the proposed project is not in compliance with each of the applicable provisions of the Development Code. d. That the proposed project is not consistent with the General Plan. 4. Based upon the finding and conclusions set forth in paragraphs 1 through 3 above this Commission hereby denies the appeal of the applicant and upholds the Planning Director denying the application. 5. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certify tc the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF OCTOBER 2006. PLANNING MMI ION OF THE CITY OF RANCHO CUCAMONGA BY: Pam T!71 Chairman ATTEST: t Jamo R. Troyer, AICP, Seci tary I, James R.Troyer,AICP, 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 11th day of October 2006, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 06-87 DRC2006-00647 — ROYAL STREET COMMUNICATIONS October 11, 2006 Page 4 AYES: COMMISSIONERS: FLETCHER, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS