HomeMy WebLinkAbout10-35 - Resolutions RESOLUTION NO. 10-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT
DRC2010-00068 - A REQUEST TO REPLACE AN EXISTING 67-FOOT TALL
MONOPOLE WITH A 65-FOOT TALL MONOPINE WIRELESS COMMUNICATIONS
FACILITY FOR THE PURPOSE OF COLLOCATION IN THE MEDIUM RESIDENTIAL
DISTRICT, LOCATED AT 6627 AMETHYST AVENUE (FIRE STATION NO. 171);
AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0202-101-11.
A. Recitals.
1. Clear Wireless, LLC. filed an application for the issuance of Conditional Use Permit
DRC2010-00068, 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 25th day of August 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 August 25, 2010, including written and oral staff reports, togetherwith public testimony,this
Commission hereby specifically finds as follows:
a. The application applies to the property located at 6627 Amethyst Avenue,with a total street
frontage of approximately 195 feet on Amethyst Avenue,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 U.S. Post Office; the property to the east is zoned Medium Residential
(8-14 dwelling units per acre)and is developed with multi-family dwelling units; and 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 replacement of a 67-foot monopole with a 65-foot monopine for
the purposes of collocation, consisting of 3 antenna panels and 3 parabolic antenna 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, which meets the goals and objectives of the
Development Code. Clearwire will mount their equipment with Sprint's equipment at approximately 63 feet
above grade. The remaining wireless carrier, T-Mobile, will be mounted at approximately 52 feet above
grade; and
PLANNING COMMISSION RESOLUTION NO. 10-35
CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC.
August 25, 2010
Page 2
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 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
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 orwaterquality,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: Replacement of an existing 67-foot monopole
wireless communications facility with a 65-foot monopine wireless
communications facility as well as installation of three RF panel antennas and
three parabolic antennas in addition to the previously approved equipment for
the existing two carriers, located at 6627 Amethyst Avenue.
2) The wireless communications facility shall be embellished to the satisfaction of
the Planning Director to reasonably imitate a pine tree. This includes, but is not
limited to, the quantity and style of branches and the material used to imitate the
trunk of the pine.
3) The color of all appurtenant supporting brackets and attachments shall be
painted to match the branches of the monopine.
4) The wireless communications 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 wireless communications
facility shall require review and approval by the Planning Department.
6) All equipment necessaryfor the operation of the wireless communications facility
shall be contained inside the equipment enclosure.
PLANNING COMMISSION RESOLUTION NO. 10-35
CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC.
August 25, 2010
Page 3
7) Signs are not permitted on the monopine or the equipment shelter, except
signage required for emergency notification purposes and those required by
regulatory agencies.
8) 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.
9) No wireless communication facility shall interfere with the public safety radio
communications system, including, but not limited to, the 800 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.
10) Except for necessary emergency maintenance, maintenance of the wireless
communications 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 25TH DAY OF AUGUST 2010.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: t 4 )10 —A,
Luis Munoz�JJr., Cliairman
/ l•
ATTEST:
James 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 25th day of August 2010, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MUNOZ
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2010-00068
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: CLEAR WIRELESS LLC.
LOCATION: 6627 AMETHYST AVENUE (FIRE STATION NO. 171)
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. 10-35, 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
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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 the
Development Code regulations.
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 Planning Director.
3. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
4. 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.
5. 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, berming, and/or landscaping to the satisfaction of the Planning Director. For
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.
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;
J. Foundation Plan;
C. Floor Plan;
d. 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;
e. Planning Department Project Number (i.e., DRC2010-00068) clearly identified on the
outside of all plans.
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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. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Department.
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.
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