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HomeMy WebLinkAbout07-29 - Resolutions RESOLUTION NO. 07-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. DRC2007-00087,TO ALLOW A MAJOR WIRELESS COMMUNCIATION FACILITY WITHIN 300 FEET OF A RESIDENTIAL ZONE OR RESIDENTIAL STRUCTURE AND WITHIN 300 FEET OF AN EXISTING MAJOR WIRELESS COMMUNICATION FACILTIY LOCATED ON 1.02 ACRES OF LAND IN THE MEDIUM DENISTY RESIDENTIAL DISTRICT, LOCATED AT CITY FIRE STATION #171; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0202-101-11. A. Recitals. 1. Verizon Wireless filed an application for the issuance of Variance No. DRC2007-00987 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 13th day of June 2007,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 June 13, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the north of 19th Street, south of SR210, and the east side of Amethyst Street, with a total street frontage of approximately 195 feet on Amethyst Street, which is presently improved with a City Fire Station; and b. The property to the north of the subject site is zoned Medium Residential (8 - 14 dwelling units per acre) and is developed with multi-family dwelling units; the property to the south is zoned Office Professional and is developed with a Post Office; the property to the east is Medium Residential (8— 14 dwelling units per acre) and is developed with multi-family dwelling units; the property to the west is zoned Medium Residential (8—14 dwelling units per acre)and is developed with multi-family dwelling units; and C. The application proposes the installation of a 48-foot monopine, consisting of 12 antenna panels with artificial branches to resemble a pine tree and rubberized faux bark material made to imitate a tree trunk, thereby providing a stealth design that blends with the built environment and meets the goals and objectives of the Development Code; and d. The Variance request is to allow a major wireless communication facility within 300 feet of a residential zone or residential structure and within 300 feet of an existing major wireless communication facility; and PLANNING COMMISSION RESOLUTION NO. 07-29 DRC2007-00087 — VERIZON WIRELESS JUNE 13, 2007 Page 2 e. The proposed wireless facility will be of sufficient height to allow for future co-location of an additional wireless facility,thereby meeting the goals and objectives of the Development Code by providing opportunities for co-location and the placement of multiple wireless carriers on a single-pole structure. 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 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 the other properties in the same district. C. That 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 district. 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. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project involves no expansion of an existing use and there is no substantial evidence that the project may have a significant effect on the environment. 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. Planning Department 1) Variance approval shall expire if building permits are not issued within five years from the date of approval. No extensions are allowed 2) All conditions in Resolution 07-28 (DRC2006-00985) shall be met. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2007. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 07-29 DRC2007-00087 —VERIZON WIRELESS JUNE 13, 2007 Page 3 BY: Pam0ewart, C airman ATTEST: Jame . Troyer, AICP, Secretai 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 13th day of June 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE