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HomeMy WebLinkAbout10-27 - Resolutions RESOLUTION NO. 10-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2009-00253 - A REQUEST TO INSTALL A 61-FOOT TALL MULTI-CARRIER WIRELESS COMMUNICATION FACILITY LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0227-182-17, A. Recitals. 1. Verizon Wireless filed an application for the issuance of Conditional Use Permit DRC2009-00253, 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 14th day of July 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 July 14, 2010, 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 Base Line Road and Milliken Avenue with a street frontage on Base Line Road of 888 feet and a street frontage on Milliken Avenue of 733 feet in which is presently improved with multi-tenant shopping center; and b. The properties to the north, south, and east of the subject site are single-family residences, the property to the west consists of an Gas station, and the property northwest of the site is Central Park; and C. The project consists of the development of one 61-foot multi-carrier wireless communication facility and 690 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 PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS July 14, 2010 Page 2 Development Code, and the purposes of the district in which the site is located. The tower meets the General Plan objective that which requires communication towers to be located and designed to blend in with the surrounding environment. The Conditional Use Permit is required to allow for the tower to exceed the maximum building height in the Neighborhood Commercial District of the Terra Vista Community Plan. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity. The tower and equipment will be installed per the building code and all applicable codes governing wireless facilities. C. The proposed use complies with each of the applicable provisions of the Development Code by installing a facility that is designed to blend with the surrounding environment and has the ability to co-locate multi-carriers within the facility. 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 32 exemption under State CEQA Guidelines Section 15332 (In-Fill Development). Because the proposed project meets all the criteria described in the section and is only 979 square foot in total lot coverage for all structures, located in an area that contains all public services with facilities to allow for maximum development 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the installation of a new 289 square foot 61-foot high multi-carrier wireless communication facility designed as a clock tower with a 690 square foot equipment enclosure located at the southeast corner of Base Line Road and Milliken Avenue -APN: 0227-182-17. 2) The wireless communication facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 3) The approval of this application does not exempt the applicant from complying with all of the conditions of previously approved Conditional Use Permit CUP 89-18. 4) Any expansion, modification, or alternation to the clock tower or equipment enclosure shall require review and approval by the Planning Department. 5) The wireless communication facility is considered abandoned if it ceases to provide wireless communication service for 180 or more PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS July 14, 2010 Page 3 days and shall be removed in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. 6) The clocks on the tower shall be maintained and kept in good working order at all times by owner. 7) The equipment shelter and landscaping shall match the existing site in style and color. 8) The interior of the tower shall be finished to match the exterior up to the point of the antennas at the bottom of the tower. A screening material shall be installed at the lowest point of the antennas to conceal the antennas from public view. 9) Any work performed or any right-of-way closure will require prior approval from Engineering. 10) All equipment necessary for the operation of the wireless facility shall be contained inside the equipment shelter. 11) Signs are not permitted on the clock tower and the equipment shelter, except signage required for emergency notification purposes and those required by regulatory agencies. 12) 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. 13) No wireless communication facility shall interfere with the public safety radio communications system, including, but not limited to, the eight hundred MHz trunking system. If it is determined that the operation of the telecommunications facility causes interference with the radio communications of the City's public safety operation in violation of FCC Rules and Regulations, the applicant shall work diligently in accordance with the Best Practices Guidelines of the FCC to eliminate any interference. 14) Except for necessary emergency maintenance, maintenance of the wireless communication facility and all appurtenant equipment on any day, excepting Sundays, shall occur only between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. Grading 1) Prior to the issuance of a building permit, the applicant shall submit to the Building and Safety Official a precise Grading Plan for review and permit. PLANNING COMMISSION RESOLUTION NO. 10-27 DRC2009-00253 VERIZON WIRELESS July 14, 2010 Page 4 2) Prior to issuance of a grading permit the applicant shall submit to the Building and Safety Official a Water Quality Management Plan (WQMP) for review and approval. If an approved WQMP has been prepared for the subject site, the previously approved WQMP may be revised accordingly with a new City of Rancho Cucamonga Memorandum of Agreement of Storm Water Quality Management Plan recorded with the County Recorder's Office, 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: 6Ln� Ja R. Troyer, AICP, Secretary 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 14th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MUNOZ COMMUNITY DEVELOPMENT �b DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00253 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: VERIZON WIRELESS LOCATION: SOUTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVE 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. 10-29, Standard _/_/_ Conditions, and all environmental mitigations 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X SC-12-08 1 I:\PLANNING\FINAL\PLNGC0MM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc Project No. DRC2009-00253 completion Date 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. 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 Planning Director. 2. 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. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. 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) E. 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 (i.e., DRC2009-00253) 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. Operation shall not commence prior to posting the Certificate of Occupancy issued by the Building and Safety Department. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc Project No. DRC2009-00253 Completion Date F. Site Development 1. 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. G. New Structures 1. Upon tenant improvement plan check submittal, additional requirements may be needed. H. Grading 1. The Final Grading and Drainage Plan shall show the accessibility path from the public right-of- way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations and dimensions, and comply with the current adopted California Building Code. 2. The Grading and Drainage Plan shall Implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 3. All slopes shall be a minimum 2-foot offset from the public right-of-way or adjacent private property. 4. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 5. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit." 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc Project No.DRC2009-00253 Comoletion Date 6. Grading Inspections: a. Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative; the Grading Contractor and the Building Inspector are to discuss grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The Grading Contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: 1) The bottom of the over-excavation; 2) Completion of rough grading, prior to issuance of the building permit; 3) At the completion of rough grading, the Grading Contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter), an original and a copy of the Pad Certifications to be prepared by and properly"wet"signed and sealed by the Civil Engineer and Soils Engineer of Record; 4) At the completion of rough grading, the Grading Contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter), an original and a copy of the Pad Certifications to be prepared by and properly"wet'signed and sealed by the Civil Engineer and Soils Engineer of Record; 7. Prior to the issuance of the Certificate of Occupancy the Engineer of record shall certify the functionality of the Storm Water Quality Management Plan(W QMP)Best Management Practices (BMP) devices. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 4 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00253 Std Cond 7-14.doc Rancho Cucamonga Fire Protection ot District Fire Construction Services STANDARD CONDITIONS STANDARD CONDITIONS CELL SITE Fire Construction Services will review the construction plans when submitted to the Building & Safety Department for plan check. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-6 Fire District Site Access 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. A Knox box must be installed in Accordance with RCFPD Standards. 2. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with the RCFPD Standard. 3. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A Site Plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. Battery Systems Compressed Gases Flammable and Combustible Liquids Hazardous Materials Liquefied Petroleum Gases FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances, FD46, and other implemented and/or adopted standards. Page 1 of 2 PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures." PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 2. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the approved fire access roadways must be installed in accordance with the approved plans and acceptable to FCS. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 3. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. 4. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Department. The applicant must also obtain inspection and acceptance by Fire Construction Services. 5. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 6. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 '/z-inches by 11-inches, or 11-inches by 17-inches on the Site Plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7. The Knox box must be installed and the Key to the building and/or gates must be provided by the owner or contractor to the fire inspector for locking up in the Knox box. Page 2 of 2