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HomeMy WebLinkAbout15-44 - Resolutions RESOLUTION NO, 15-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2014-00216, A REQUEST TO CONSTRUCT A TWO- CARRIER, (AT&T AND VERIZON) CO-LOCATED 85-FOOT TALL WIRELESS COMMUNICATION FACILITY IN THE FORM OFA PINE TREE AT PRICE SELF STORAGE LOCATED ON THE EAST SIDE OF HAVEN AVENUE AND SOUTH OF THE 210 FREEWAY WITHIN THE LOW (L) ZONING DISTRICT (2-4 DWELLING UNITS PER ACRE)AT 6599 HAVEN AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076- 331-34. A. Recitals. 1. Spectrum Services for Verizon Wireless has filed an application for the issuance of Conditional Use Permit DRC2014-00216 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 8th day of July, 2015, the Planning Commission of the City of Rancho Cucamonga conducted a 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 8, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 6.13 acre project site which is developed with a self- storage facility; and b. To the north is the 210 Freeway; to the south, east and west are single-family residences within the Low (L) Zoning District; and C. The applicant proposes constructing a co-located 85-foot tall wireless communication facility at Price Self-Storage; and d. The facility will be located at the northeast corner of the site, approximately 55 feet from the east property line; and e. The tower will be in the form of a pine tree with the ground mounted equipment for both carriers located within separate storage units adjacent to the tower; and PLANNING COMMISSION RESOLUTION NO. 15-44 CONDITIONAL USE PERMIT DRC2014-00216- SPECTRUM SERVICES July 8, 2015 Page 2 f. The antennas will be mounted 76 feet(Verizon)and 61 feet(AT&T)above ground level. The proposed equipment includes a backup generator, 3 antenna arrays per carrier with 4 antennas per array, a parabolic antenna and related ground mounted support equipment; and g. The facility complies with all requirements of the Development Code including setbacks, ground mounted equipment screening and that the installation have a stealth design.The facility is in the form of a pine tree with each antenna covered with leaf socks and the mounting hardware painted to match the trunk of the facility; and h. Section 17.106.030 of the Development Code requires that wireless communication facilities located within 300 feet of residential structures and/or above the height limit of the district where they are located be co-locatable and be approved by a Conditional Use Permit. 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 allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code, Municipal Code,General Plan, and any applicable Specific Plans or City regulations/standards. The Development Code permits wireless communication facilities to be located within 300 feet of residentially zoned property when approved through a Conditional Use Permit. The project complies with all setback and design requirements set forth in the Development Code. Wireless communication facilities do not have a height restriction when approved by a Conditional Use Permit. The General Plan encourages wireless communication facilities when they are located and designed to blend in with the surrounding environment. In this case the proposed wireless communication facility is in the form of a pine tree with the antennas covered in decorative socks. The project will be partially screened from view from the 210 Freeway by the back side of the storage facility buildings, the 210 Freeway sound wall and pine trees planted along the freeway right-of-way. Additionally, the base of the facility is 8 feet below the existing finished grade on the north side of the freeway sound wall. The facility is also approximately 550 feet from the Haven Avenue right-of-way, which is also planted with pine trees. b. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. The project site is developed with a self- storage facility,the buildings of which back up to the 210 Freeway to the north, Haven Avenue to the west and existing single-family residences to the south and east. These structures will screen the base of the facility from public view. The support equipment for the facility will be located within one of the storage units of the storage facility,which will reduce any noise created by the equipment. Trees along the 210 Freeway and Haven Avenue will further screen the facility from public view.Access to the facility is from an existing entrance to the storage facility along Haven Avenue and the necessary utilities are available on-site. C. Granting the application would not be detrimental to the public, health, safety, morals, or welfare.Wireless communication facilities are required to meet all Federal, State and local regulations covering these types of facilities. PLANNING COMMISSION RESOLUTION NO. 15-44 CONDITIONAL USE PERMIT DRC2014-00216—SPECTRUM SERVICES FOR VERIZON WIRELESS July 8, 2015 Page 3 4. Prior to any action being taken on this entitlement, 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. The project is for the construction of an 85-foot tall wireless communication facility along with related ground mounted equipment. 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 its own independent judgment, concurs in the staffs determination of exemption. 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 construction and operation of a co-located 85 foot tall wireless communication facility in the form of a pine tree for a site located on the east side of Haven Avenue and south of the 210 Freeway at 6599 Haven Avenue—APN: 1076-331-34. 2) The approval includes the installation of antennas and related equipment for two carriers with the antennas mounted at 76 (Verizon) and 61 (AT&T) feet above ground level. Each carrier is approved for 3 antenna arrays with 4 antennas per array along with the related ground mounted equipment. 3) The approval includes the installation of single backup generator (Verizon).At time of Building Department plan check,the applicant shall provide a sound study demonstrating that the generator will be compliant with the City's residential noise standards. A masonry wall may be required for sound attenuation based on the noise study. Operation of the generator for test purposes shall be limited to 8:00 a.m. to 6:00 p.m. daily. 4) Additional backup generators and equipment rooms shall require review by the Planning Director. Depending upon the location, quantity, size and proposed design of additional backup generators and equipment rooms, the Planning Director may determine that modification to the Conditional Use Permit is required. 5) Expansion of the wireless communication facility, including but not limited to additional antennas, equipment or additional wireless carriers, will require modification of this Conditional Use Permit. 6) The mono-pine shall have a natural appearance with the branches of the facility extending a minimum 2 feet beyond the face antennas. The antennas shall be covered in decorative socks with the mounting hardware painted to match the facility. PLANNING COMMISSION RESOLUTION NO. 15-44 CONDITIONAL USE PERMIT DRC2014-00216—SPECTRUM SERVICES FOR VERIZON WIRELESS July 8, 2015 Page 4 7) All equipment mounted to the facility shall be painted to match the color of the branches and trunk of the mono pine, including the cable trays, antennas and mounting hardware. 8) Print a copy of this letter on the plans when they are submitted for Plan Check. 9) 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. 10) Graffiti shall be removed within 72 hours of being noticed. 11) All appurtenant equipment shall be maintained in good condition at all times. 12) 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. 13) The applicant shall obtain all the necessary permits from the Building and Safety Department. 14) Signs or advertising are not permitted on the wireless communication facility except those required by the FCC and other governmental agencies. 15) Approval of this request shall not waive compliance with the Development Code, State Fire Marshal's regulations, Health Department Regulations, Uniform Building Code, or any other City Ordinances. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JULY 2015 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: Candyce arlmett, Secretary PLANNING COMMISSION RESOLUTION NO. 15-44 CONDITIONAL USE PERMIT DRC2014-00216-SPECTRUM SERVICES FOR VERIZON WIRELESS July 8, 2015 Page 5 I, Candyce Burnett, Secretary of the Planning Commission for 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 8th day of July by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: HOWDYSHELL ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MUNOZ Conditions of Approval RANCHO Community Development Department CucAMONCT Project#: DRC2014-00216 Project Name: Wireless Communication Facility at Price Self Storage Location: 6599 HAVEN AVE - 107633102-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 1. The site shall be developed and maintained in accordance with the approved plans which include Site Plans and architectural elevations, on file in the Planning Department, the conditions contained herein. 2. All ground-mounted utility appurtenances 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. 3. 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. 4. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. 5. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 6. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. w .CityofRC us Pnnted 6/15/2015