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HomeMy WebLinkAbout10-19 - Resolutions RESOLUTION NO. 10-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2009-00681, LOCATED IN THE REGIONAL RELATED COMMERCIAL DISTRICT;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-031-28. A. Recitals. 1. AT&T Wireless filed an application for the issuance of Conditional Use Permit DRC2009-00681, 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 12th day of May 2010, 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 May 12, 2010, 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 at 12879 Foothill Boulevard, with a street frontage of 882 feet and lot depth of 588 feet and which is presently improved with a multi-tenant shopping center; and b. The property to the north of the subject site is vacant;the property to the south consists of a MWD facility; the property to the east is vacant and single-family dwellings; and the property to the west is the 1-15 Freeway; and C. The project consists of the development of one 45-foot tall monopalm wireless communications facility and a 399 square foot equipment shelter; 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 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. PLANNING COMMISSION RESOLUTION NO. 10-19 CONDITIONAL USE PERMIT DRC2009-00681 -AT&T WIRELESS May 12, 2010 Page 2 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 as a Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because the proposed project creates a negligible expansion of the existing center, and there is no substantial evidence that the project may have a significant effect on the environment. Staff has further determined that the project qualifies as a Class 32 exemption under State CEQA Guidelines Section 15332 (In-fill development projects) because the proposed project is consistent with both the General Plan and Zoning Regulations, is within the City Limits with a project site of less than 5 acres, contains no value for habitat for endangered species, will not result in any significant effects relating to noise, traffic, air quality or water quality and can be serviced by all required utilities and public services. 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 following: three panel sectors with 3 antennas on each sector on a new 45-foot high monopalm; and a 399 square foot equipment building within a 399 square foot lease area located at 12879 Foothill Boulevard. 2) The wireless communications facility shall be embellished to the satisfaction of the Planning Director to reasonably imitate a palm tree. This includes, but is not limited to, the quantity and style of fronds and the material used to imitate the trunk of the palm. 3) The color of all appurtenant supporting brackets and attachments shall be painted to match the fronds of the monopalm. 4) The wireless communication facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 5) Any expansion, modification, or alternation to the monopalm shall require review and approval by the Planning Department. 6) The equipment shelter and landscaping shall match the existing trash enclosures in style and color. 7) All equipment necessary for the operation of the wireless facility shall be contained inside the equipment shelter. 8) Signs are not permitted on the monopalm or the equipment shelter, except signage required for emergency notification purposes and that required by regulatory agencies. 9) The antenna and the equipment shelter shall be maintained in good condition at all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. PLANNING COMMISSION RESOLUTION NO. 10-19 CONDITIONAL USE PERMIT DRC2009-00681 -AT&T WIRELESS May 12, 2010 Page 3 10) 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 a facility is found to interfere with the public safety radio system, it shall cease operations immediately until such time as the problem is resolved to the satisfaction of the City of Rancho Cucamonga. 11) Except for necessary emergency maintenance, maintenance of the wireless communication facility and all appurtenant equipment on any day, except Sundays, shall occur only between the hours of 8:00 a.m. and 8 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: Rd�'� - Jan s R. Troyer, AICP, Se retary 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 12th day of May 2010, by the following vote-to-wit: AYES: COMMISSIONERS: Fletcher, Howdyshell, Munoz, Wimberly NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Oaxaca