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HomeMy WebLinkAbout11-52 - Resolutions RESOLUTION NO. 11-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2011-00916 - A REQUEST TO REPLACE 12 ANTENNAS AND ADD TWO SURGE SUPPRESSORS AND A GPS ANTENNA ON AN EXISTING 62-FOOT HIGH WIRELESS COMMUNICATION FACILITY LOCATED ON THE WEST SIDE OF HYSSOP AVENUE AND SOUTH OF SIXTH STREET, IN THE GENERAL INDUSTRIAL DEVELOPMENT DISTRICT (SUBAREA 14) AT 9320 HYSSOP DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-321-02. A. Recitals. 1. AT&T Mobility has filed an application for the issuance of Conditional Use Permit DRC2011-00916, 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 October 12, 2011, 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. The Planning 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 the Planning Commission during the above-referenced public hearing on October 12, 2011, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to a 98,408 square-foot site that is developed within an industrial building and a 62-foot high wireless communication facility and is located on the west side of Hyssop Avenue and south of Sixth Street; and b. The subject property is zoned General Industrial (Subarea 14); and C. The properties to the north and south are developed with industrial uses and are within the General Industrial District(Subarea 14); the property to the east is vacant and is within the General Industrial District (Subarea 14) and to the west is Interstate 15; and d. The existing facility was approved by a Conditional Use Permit on July 22, 1992 (CUP91-21). Section 17.04.030 of the Development Code requires that the Planning Commission approve the modification of an existing Conditional Use permit; and e. The applicant proposes replacing the 12 existing antennas in orderto upgrade the facility to the latest transmission technology(4G—LTE). The new antennas are 4 feet longer than the existing antennas. The new antennas will not increase the height of the existing facility; and f. The existing monopole is located within a walled enclosure, with the related equipment located inside of the adjacent industrial building. The only visual changes proposed are increasing the height of the antennas by 4-feet and adding 12 remote radio units (RRU), two small PLANNING COMMISSION RESOLUTION NO. 11-52 DRC2011-00916 —AT&T MOBILITY OCTOBER 12, 2011 Page 2 surge suppressors and a GPS antenna. Staff does not feel that the minimal nature of the proposed changes justifies the significant cost of upgrading the current non-stealth facility. g. Staff does not feel that the minimal nature of the proposed changes justify the significant cost of upgrading the current non-stealth facility. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning 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; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or the improvements in the vicinity; and C. The application, which contemplates operation of 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 1 exemption under State CEQA Guidelines Section 15301, which covers the installation of new equipment in small structures. Because the project only involves adding new antennas and two small surge suppressors to an existing wireless communication, with no changes to the size or location of the existing equipment enclosure, staff concludes that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on his independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning 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 granted to replace 12 antennas and add 12 remote radio units (RRUS), two surge suppressors and a GPS antenna for an existing wireless communication facility located at 9320 Hyssop Drive- APN: 0229-321-02. 2) The equipment for the wireless communication facility shall be completely housed inside the existing walled enclosure and the adjacent industrial building. 3) Paint the monopole, antennas, and all related equipment and cables to match the adjacent building color. 4) Print a copy of this Resolution of Approval on the plans when they are submitted for Plan Check. PLANNING COMMISSION RESOLUTION NO. 11-52 DRC2011-00916—AT&T MOBILITY OCTOBER 12, 2011 Page 3 5) The facility shall be maintained at all times, including making necessary repairs as needed, and keeping the site free from trash and debris. In no event shall trash and debris remain for more than 24 hours. 6) Graffiti shall be removed within 72 hours. 7) All appurtenant equipment shall be maintained in good condition at all times. 8) No wireless telecommunications facility shall interfere with any public safety radio communications system, including, but not limited to, the 800 MHz trunking system. The applicant shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference. 9) The applicant shall obtain all the necessary permits from the Building and Safety Department. 10) Signs or advertising are not permitted on the wireless communication facility. 11) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Conditions, Health Departments, Uniform Building Code, or any other City Ordinances. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER 2011. PLANNING COMMS OF THE CI-T-Y OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: � Jam R. Troyer, AICP, Secreta PLANNING COMMISSION RESOLUTION NO. 11-52 DRC201 1-00916 —AT&T MOBILITY OCTOBER 12, 2011 Page 4 I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duty 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 October 2011, 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#: Conditional Use Permit SUBJECT: DRC2011-00916 APPLICANT: AT&T Mobility LOCATION: 9320 Hyssop Drive —APN 0229-321-02 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date A. General Requirements 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 awn expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. J 2. Copies of the signed Planning Commission Resolution of Approval No. 11-52, 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 B. Time Limits 1. Conditional Use Permit 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. 1 1:1PLANNINGTINAUPLNGCOMW2011 Res&Stf RptTRC2011-00916CUP Stnd Cnd 10-12 final.doc Project No.DRC2011-00916 Completion Date 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. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5. 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. 6. 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. 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) D. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. 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. 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. 2 I:\PLANNING\FINAL\PLNGC0MM\2011 Res&Stf Rpt\DRC2011-00916CUP Stnd Cnd 10-12 final.doc Project No.DRC2011-00916 Completion Date E. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2001-00001). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. 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. F. Existing Structures 1. Due to the scope of the project, an Occupancy Change review is required. Submit plans to the Building and Safety Department to determine compliance for the proposed use. 2. Upon tenant improvement plan check submittal, additional requirements may be required. 3 I:\PLANNING\FINAL\PLNGCOMM12011 Res&Stf Rpt\DRC2011-00916CUP Stnd Cnd 10-12 fnal.doc