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HomeMy WebLinkAbout06-383 - Resolutions RESOLUTION NO. 06-383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICANT'S APPEAL OF A PLANNING COMMISSISON DECISION TO DENY A PROPOSED CO-LOCATION OF ANTENNAS ON AN EXISTING MONOPOLE WIRELESS COMMUNICATION FACILITY ON THE WEST SIDE OF HYSSOP DRIVE AND SOUTH OF 6TH STREET IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 14); AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-283-12. A. RECITALS. 1. Royal Street Communication, filed an application for the issuance of Minor Development Review DRC2006-00647, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Development Review request is referred to as "the application." 2. On the 5th day of September 2006, the Planning Director of the City of Rancho Cucamonga issued the determination letter denying the request with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision made by the Planning Director was appealed in a timely manner to the Planning Commission. 4. The Planning Commission conducted a duly noticed public hearing on October 11, 2006, and denied the applicant's appeal through adoption of their Resolution No. 06-87. 5. The decision by the Planning Commission as contained in their Resolution No. 06-87 was appealed in a timely manner to the City Council. 6. On the 6th day of December 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing to review said appeal prior to the adoption of this Resolution. 7. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,it is herebyfound, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced hearing on December 6, 2006, with written and oral staff reports, including public testimony, this Council hereby specifically finds as follows: Resolution No. 06-383 Page 2 of 5 a. The application applies to a site located on the west side of Hyssop Drive and south of 6th street in the General Industrial district (Subarea 14); and b. The proposed site is presently developed with a single-industrial building and an existing 90-foot high monopole wireless communication facility; and c. The application proposes the installation of a six-sector antenna array on an existing monopole wireless communication facility and the construction of an additional equipment shelter directly adjacent to the existing equipment shelter; and d. The existing 90-foot high monopole was approved under Conditional Use Permit DRCUP94-16; and e. The existing 90-foot high monopole and antennas, are plainly visible from public rights-of-way, including the 1-15 Freeway; and f. It has been determined that the limited nature of adding flush-mounted antennas to the existing wireless communication facility does not meet the threshold necessary to require the application to modify the original Conditional Use Permit; and g. The design is in accordance with the Development Code in that Section 17.26.030.A.4.a states that when selecting sites for the location of newwireless communication facilities, co-location on existing majorwireless communication facilities is the preferred choice; and h. The proposed antennas will be flush-mounted and painted to match the existing tower, greatly reducing their visibility; and i. Staff has developed additional Conditions of Approval and believes it will reduce the visual impact of the proposed facility on the surrounding area to an acceptable level. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the proposed project 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. That the proposed project is in compliance with each of the applicable provisions of the Development Code. d. That the proposed project is consistent with the General Plan. Resolution No. 06-383 Page 3 of 5 4. Based upon the finding and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council approves the applicant's appeal of the Planning Commission's denial and the applicant's appeal of the Planning Director's original decision to deny Minor Development Review DRC2006-00647 and subject to the conditions shown below. Planning Department 1) The existing monopole wireless communication facility shall be repainted to a color to be approved by the Planning Director. 2) The applicant shall submit a Landscape Plan at the time of Plan Check. The plan shall include a minimum four 24-inch box sized Pine trees to match the species presently existing in the planter running along the south elevation of the existing industrial building on the site. The plan will also include 10-gallon shrubs planted 3 feet on center to screen the proposed equipment shelter and running parallel to the face of the equipment shelter and the existing industrial building. 3) The equipment shelter shall be surrounded by a slumpstone block wall and a decorative wrought iron access gate. 4) The wireless communication facility shall be completely contained inside the equipment shelter. 5) The panel antennas and all necessary mounting brackets and hardware shall be painted to match the new color of the existing monopole. 6) 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. 7) Graffiti shall be removed within 72 hours. 8) The panel antennas and all appurtenant equipment shall be maintained in good condition at all times. 9) The wireless communication facility shall not interfere with the City's 800 MHz trunking system. If the facility is found to interfere with the City's public radio safety system, it shall immediately cease operations until such time as the problem is resolved to the satisfaction of the City of Rancho Cucamonga. 10)The applicant shall obtain all the necessary permits from the Building and Safety Department. 11)Signs or advertising are not permitted on the wireless communication facility. Resolution No. 06-383 Page 4 of 5 5. This Council hereby provides notice to John Beke, the appellant, and Royal Street Communications the applicant, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Royal Street Communications and to Mr. John Beke at the addresses identified in City records. Please see the fallowing page for formal adoption,certification and signatures Resolution No. 06-383 Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 6`" day of December 2006. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: ilk Debra J. A am CMC, City Clerk I, DEBRA J.ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6`" day of December 2006. Executed this 7`" day of December 2006, at Rancho Cucamonga, California. Debra J. A ams MC, City Clerk