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HomeMy WebLinkAbout00-26 - Resolutions RESOLUTION NO. 00-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 99-17 FOR THE DEVELOPMENT OF A WIRELESS COMMUNICATION FACILITY CONSISTING OF A 65-FOOT STEALTH MONOPOLE ON 3.34 ACRES OF LAND IN THE FLOOD CONTROL DISTRICT, LOCATED AT IN 8248 19TH STREET (CCWD WELL NO. 24), AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 201-201-40. A. Recitals. 1. Airtouch Cellular has filed an application for the issuance of Conditional Use Permit No. 99-17, 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 March 2000, 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 March 8, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the installation of a 65-foot stealth monopole on 3.34 acres of land in the Flood Control District, located 8248 19th Street (CCWD No. 24) with a street frontage of 240 feet and lot depth of 910 feet and which is presently improved with one existing Pac Bell wireless communication facility; and b. The property to the north of the subject site is the future Route 30 Freeway, the property to the south consists of single family homes (City of Upland). The property to the east consists of single family homes zoned Low Residential (2-4 dwelling units per acre), and the property to the west is part of the Flood Control District; and C. The proposed "monopalm" antenna will be located approximately 450 feet north of 19th Street and 180 feet west of single family homes; and d. The proposed "monopalm" antenna will exist just southeast of an existing Pac Bell wireless communication facility, which has a 45-foot high monopole. 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. 00-26 CUP 99-17 —Airtouch Cellular March 8, 2000 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 Mitigated 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 Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated 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 Mitigated 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 Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. C. Pursuant to the provisions of Section 753.5(c) 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 Mitigated 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 the substantial evidence contained in the Mitigated 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) Approval is for a 65-foot wireless communication facility. 2) The antenna shall be maintained at all times, including making necessary repairs as needed. PLANNING COMMISSION RESOLUTION NO. 00-26 CUP 99-17 —Airtouch Cellular March 8, 2000 Page 3 3) The antenna operation shall not cause interference with any other communication users within the surrounding area. 4) The monopole shall be removed within 6 months after the use is abandoned. 5) The equipment room at the base of the antenna shall be built of gray decorative block or stucco. 6) Fencing to be installed to the satisfaction of the City Planner. Environmental Mitigation Measures 1) The monopole shall be treated as an artificial Palm tree with 6 additional live Palm trees planted around the leased area, to the satisfaction of the City Planner. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �- arry cNiel, Chairman ATTES Brad r, ecre ry 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 8th day of March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: CUP 99-17 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management- The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 MITIGATION MONITORING PROGRAM CUP 99-17 —AIRTOUCH February 23, 2000 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring.The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: CUP 99-17 Applicant: AirTouch Cellular Initial Study Prepared by: Warren Morelion Date: February 23 2000 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Aesthetics , • the applicant will plant a minimum of 6 —7 palm trees around the proposed CP D As Necessary A/C 2/6 monopalm and existing Pac Bell monopole to the north. Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions - - - - CDD-Community Development Director A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5.Retain Deposit or Bonds FC-Fire Chief or designee 1 6-Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: Conditional Use Permit 99-17 SUBJECT: Wireless Communication Facility APPLICANT: Airtouch Cellular LOCATION: 8248 19th Street, CCWD Well No. 24 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. 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. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and --- construction plans, and landscape and irrigation plans submitted for plan check. 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 Division, 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 City Planner. --- SC—2-00 1 Project No. CUP 9947 Completion Date 3. 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. 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 City Planner. For single family residential developments, transformers shall be placed in underground vaults. 6. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, 'shall be prepared by a licensed --- landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required --- to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00, prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. General Requirements 1. Submit four complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. 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; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP'#, DR #, etc.) clearly identified on the outside of all plans. SC—2-00 2 Project No. CUP 99-17 Completion Date 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. Separate permits are required for fencing and/or walls. 4. Contractors must show proof of State and City licenses and Workers' Compensation / If— coverage coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. G. 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., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability 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. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. H. New Structures 1. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 2. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 44 total feet on 19th Street. J. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side. Drive Street Street Comm Median Bike Other Gutter Pvmt walk Appr. Lights Trail Street Name Trees Troll Island 19th Street x x Sc-2-Do 3 Project No. CUP 99-17 Completion Date 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered --- Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to --- any other permits required. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. --- 3. Street improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior to any work being performed on the private --- streets, fees shall be paid and construction permits shall be obtained from the City Engineer's Office in addition to any other permits required. 4. A permit shall be obtained from Caltrans for any work within the following right-of-way: 19th Street. --- K. General Requirements and Approvals 1. Permits shall be obtained from the following agencies for work within their right-of-way: Caltrans. 2. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, prior to final map approval or prior to --- building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. General Fire Protection Conditions 1. Fire District feels), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: --- $132 Conditional Use Permit Fee. 2. Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, UFC, UPC, UMC, and RCFD Standards 32 and 15 and 1996 NEC. --- SC—2-00 4