HomeMy WebLinkAbout11-53 - Resolutions RESOLUTION NO. 11-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2010-00690 - A REQUEST TO REPLACE AN EXISTING
SINGLE CARRIER MONOPALM WIRELESS COMMUNICATION FACILITY
WITH A TW O-CARRIER 60-FOOT HIGH MONOEUCALYPTUS WIRELESS
COMMUNICATION FACILITY LOCATED WITHIN AN EXISTING
SHOPPING CENTER WITHIN THE COMMUNITY COMMERCIAL
DISTRICT OF THE FOOTHILL BOULEVARD DISTRICT (SUBAREA 2),
LOCATED AT 9116 EAST FOOTHILL BOULEVARD; AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 0208-632-49.
A. Recitals.
1. T-Mobile West Corporation has filed an application for Conditional Use Permit
DRC2010-00690, 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 thatdate.
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 14.87 acre commercial center is developed with 5 buildings that include a mix
of retail, restaurant and office uses and is located on the north side of Foothill Boulevard and east of
Vineyard Avenue; and
b. The subject property is zoned Community Commercial(Foothill Boulevard Districts
- Subarea 2); and
C. The properties to the north (across San Bernardino Road) are zoned Low
Residential and developed with single-family residences; the property to the south (across Foothill
Boulevard) is zoned Medium-High Residential and developed with multi-family residences; the
properties to the west are zoned Specialty Commercial and developed with a commercial center;
and, the properties to the east are zoned Community Commercial and Low Residential and
developed with a commercial center and single-family residences; and
d. The maximum height limit for the Community Commercial District (Foothill
Boulevard Districts — Subarea 2) is 35 feet. Section 17.26.030 of the Development Code permits
wireless facilities to go over the maximum height limit when they are collocated with a second
wireless communication facility and are approved by a Conditional Use Permit by the Planning
Commission. The proposed wireless community facility will have a maximum height of 60 feet and
will be collocated; and
PLANNING COMMISSION RESOLUTION NO. 11-53
DRC2010-00690 —T-Mobile West Corporation
OCTOBER 12, 2011
Page 2
e. The applicant proposes replacing the existing 49.5-foot high monopalm (Minor
Development Review 99-50 — January 12, 2000) with a 60-foot high monoeucalyptus. The new
facility will be located adjacent to the existing monopalm and surrounded by a decorative spilt-face
block wall, which will also house the related control equipment. The existing monopalm will be
removed and the antennas moved to the new facility. The proposed changes will necessitate the
removal of an existing living palm tree, which will be required to either be replanted or for a new tree
be planted on the site.
f. 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 3 exemption under State CEQA Guidelines
Section 15303, which covers the installation of new equipment and facilities in small structures.
Because the project only involves replacing an existing 49.5-foot high wireless communication
facility with a new 60-foot high facility, along with related to control equipment and the construction
of a walled 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
staff's 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 for the replacement of an existing 49.5-foot high monopalm
with a 60-foot high monoeucalyptus and related equipment for a site
located at 9116 East Foothill Boulevard —APN: 0208-632-49.
2) The equipment for the wireless communication facility shall be
completely housed inside and screened by a split-face walled
enclosure.
3) The new split-face walled enclosure shall match the adjacent existing
walled enclosure.
PLANNING COMMISSION RESOLUTION NO. 11-53
DRC2010-00690 —T-Mobile West Corporation
OCTOBER 12, 2011
Page 3
4) All antennas, control equipment mounted on the facility and cables
shall be painted to match the trunk and branches of the
monoeucalyptus.
5) The antennas shall be covered with branches and leaves to further
screen them from public view.
6) The removed living palm tree shall either be replanted on site or a new
24 inch box sized tree be planted on site (species to be approved by
the Planning Director).
7) Print a copy of this Resolution of Approval on the plans when they are
submitted for Plan Check.
8) 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.
9) Graffiti'shall be removed within 72 hours.
10) All appurtenant equipment shall be maintained in good condition at all
times.
11) 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.
12) The applicant shall obtain all the necessary permits from the Building
and Safety Department.
13) Signs or advertising are not permitted on the wireless communication
facility.
14) 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.
PLANNING COMMISSION RESOLUTION NO. 11-53
DRC2010-00690 —T-Mobile West Corporation
OCTOBER 12, 2011
Page 4
APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER 2011.
PLANNING COMMIBION �T ISE -CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST:
Jame R. Troyer, AICP, 5ecretarf
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 October 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER; HOWDYSHELL,. OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MUNOZ
;x COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00690
SUBJECT: Conditional Use Permit
APPLICANT: T-Mobile West Corporation
LOCATION: 9116 East Foothill Boulevard —APN: 0208-632-49
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.11-53, 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 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
I:\PLANNING\FINAL\PLNGCOMM\2011 Res&Stf Rpt\DRC2010-00690Stand Conds 10-12final.doc
Project No.DRC2010-00690
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. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved
use has commenced, whichever comes first.
6. 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.
7. 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. 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.
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:/Final/PingCom/2011 Res&Stf Rpt/DRC2010-00690 10-12StndCondFinal.Doc
Project No.DRC2010-00690
Completion Date
4. Separate permits are required for fencing and/or walls.
E. 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.
F. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearances
considering use, area, and fire-resistiveness.
2. Upon tenant improvement plan check submittal, additional requirements may be needed.
3
I:/Final/PingCom/2011 Res&Stf Rpt/DRC2010-00690 10-12StndCondFinal.Doc