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HomeMy WebLinkAbout97-66 - Resolutions RESOLUTION NO. 97-66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97-27 FOR CELLULAR TRANSMITTER FACILITY LOCATED IN THE GENERAL INDUSTRIAL DISTRICT OF THE INDUSTRIAL AREA SPECIFIC PLAN (SUBAREA 8), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-032-24. A. Recitals. 1. Nextel Communications, Inc. has filed an application for the issuance of Conditional Use Permit No. 97-27, 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 10th day of December 1997, 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 substantial evidence presented to this Commission during the above- referenced public hearing on December 10, 1997, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 60 foot high monopole and a 120 square foot equipment shelter on a 1,600 square foot lease area within a 55.86 developed site located at 8250 Etiwanda Avenue with a street frontage along Etiwanda Avenue of 1,149.77 feet and a street frontage along Arrow Highway of 1,911.06 feet and is presently improved with a power generating facility and reservoir owned and operated by Metropolitan Water District; and b. The property to the north of the subject site is vacant and zoned Light Industrial, Foothill Boulevard Specific Plan (Subarea 4), the property to the south consists of developed manufacturing and zoned Heavy Industrial, Industrial Area Specific Plan (Subarea 15), the land to the east is developed with apartments and zoned Medium Residential, Etiwanda Specific Plan, and the property to the west is developed manufacturing and zoned General Industrial (Industrial Area Specific Plan, (Subarea 8); and c. The leased site is 415 feet north of Arrow Highway. 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: PLANNING COMMISSION RESOLUTION NO. 97-66 CUP 97-27 - NEXTEL COMMUNICATIONS, INC. December 10, 1997 Page 2 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. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5 of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 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 Division 1) An 8-foot high decorative block wall with decorative cap shall be constructed along the south and west perimeter of the lease site to provide required screening. A decorative solid metal gate shall be provided along the south side to continue the screen across the drive access. 2) An irrigated landscape palette of shrubs and vines shall be planted along the south exterior side of the block wall to soften the appearance of the wall with a minimum 4-foot planter width. (The north and east perimeters of the leased site are screened by existing berms, are not visible from public view, and may be secured by chain link fencing). PLANNING COMMISSION RESOLUTION NO. 97-66 CUP 97-27 - NEXTEL COMMUNICATIONS, INC. December 10, 1997 Page 3 3) A minimum of five fast growing columnar trees shall be incorporated into the landscape plan (one tree per 30 linear feet) in order to provide visual softening of the monopole to the satisfaction of the City Planner. Said trees should primarily be located on the south side of the facility. 4) The monopole shall be painted with a white finish to the satisfaction of the City Planner. Engineering Division 1) Remove and replace dead, damaged, or improperly root growing parkway street trees. All street trees are subject to inspection and acceptance by the Engineering Division and planted per public improvement plans and the current City standards. 2) The irrigated landscape berm which provides screening for Metropolitan Water District's facilities and also provides a portion of the required screening for the subject site shall be restored, prior to occupancy of the subject site and be to the satisfaction of the City Planner, and shall be maintained in good condition by the underlying property owner, Metropolitan Water District. 3) Landscaping along the public right-of-way on the north side of Arrow Highway shall be restored, prior to occupancy of the subject site and to the satisfaction of the City Engineer, and shall be maintained in good condition by the underlying property owner, Metropolitan Water District. 4) This facility, and each and every subsequent application for a facility or facilities to provide service for the Nextel Communication's, Inc. cellular network, shall be consistent with Ordinance No. 570, regulating cellular transmission facilities. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 1997. PLAN doe- : • ' SSIO o ' CITY OF RANCHO CUCAMONGA BY: IN, E. David Barker, Cha man ATTEST: Bra. Se retary ---------- PLANNING COMMISSION RESOLUTION NO. 97-66 CUP 97-27 - NEXTEL COMMUNICATIONS, INC. December 10, 1997 Page 4 I, Brad Buller, 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 10th day of December 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL , MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT • DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT 97-27 SUBJECT: WIRELESS TRANSMISSION FACILITY APPLICANT: NEXTEL COMMUNICATION, INC. LOCATION: NORTH OF ARROW HIGHWAY AND WEST OF ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits Completion Date 1. Approval shall expire, unless extended by the Planning Commission, if building permits are not / /_ issued or approved use has not commenced within 24 months from the date of approval. B. 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, on file in the Planning Division, the conditions contained herein, Development Code regulations and the Industrial Area Specific Plan. 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 City Planner. 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 Division 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 City Planner 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. SC-6197 1 Project No. CUP 97-27 Completion Date 6. All parkways, open areas, and landscaping shall be permanently maintained by the property /_/_ owner. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. C. Landscaping 1. A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and _/_/_ submitted for City Planner review and approval prior to the issuance of building permits. 2. For non-residential development, property owners are responsible for the continual maintenance _/ /_ of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. D. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of / /_ implementing said measures, including monitoring and reporting. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: E. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical / /_ Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition _/ /_ to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. F. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City _/ /_ Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. SC-6/97 2 Project No. CUP 97-27 Completion Date APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. General Fire Protection Conditions 1. Roadways within project shall comply with the Fire District's fire lane standards, as noted: X All roadways per Rancho Cucamonga Fire Protection District Ordinance 22. / /_ 2. Emergency access, a minimum of 26 feet wide, shall be provided, and maintained free and clear / /_ of obstructions at all times, during construction in accordance with Fire District requirements. 3. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall / /_ be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 4. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire _/ /_ Safety Division for specific details and ordering information. 5. Plan check fees in the amount of$62.50 shall be paid: X Prior to final plan approval. / /_ Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 6. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / /_ UPC, UMC, NEC, and RCFD Standards 22 and 15. • sc-697 3