HomeMy WebLinkAbout05-82 - Resolutions RESOLUTION NO. 05-82
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2004-01142 FOR A WIRELESS COMMUNICATION FACILITY
MOUNTED ON AN EXISTING 76-FOOT HIGH BALL FIELD LIGHT
STANDARD FOR CO-LOCATION PURPOSES ON 23 ACRES OF LAND IN
THE OPEN SPACE DISTRICT, LOCATED IN HERITAGE PARK; AND
MAKING FINDINGS IN SUPPORT THEREOF -APN: 1061-641-07.
A. Recitals.
1. Nextel of California filed an application for the issuance of Conditional Use Permit
DRC2004-01142, 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 14th day of September 2005, 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 September 14, 2005, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located at the southwest corner of Hillside Road
and Beryl Street, with a total street frontage of approximately 1,300 feet on Beryl Street and
approximately 1,300 feet on Hillside Road, which is presently improved with a public park; and
b. The property to the north of the subject site is zoned Very Low Residential (.1 —2
dwelling units per acre) and is developed with single-family dwelling units; the property to the south
is zoned Very Low Residential (.1 — 2 dwelling units per acre) and is developed with single-family
dwelling units; the property the east is zoned Very Low Residential (1 —2 dwelling units per acre)
and is developed with single-family dwelling units; the property to the west is zoned Open Space
and is developed as a public park; and
C. The application proposes the installation of antennas in a gray cylindrical shroud on
an existing 76-foot high ball field light pole, thereby providing a stealth design that blends with the
built environment and meets the goals and objectives of the Development Code; and
d. The proposed wireless facility will be located on the existing ball field light pole that
has an existing wireless facility, thereby meeting the goals and objectives of the Development by
maximizing opportunities for co-location and the placement of multiple wireless carriers on a
single-pole structure.
PLANNING COMMISSION RESOLUTION NO. 05-82
DRC2004-01142 — NEXTEL OF CALIFORNIA
September 14, 2005
Page 2
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 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. The Commission hereby finds and determines that the project identified in this Resolution
is categorically exempt from the requirements of the California Environmental Quality Act of 1970,as
amended, and the Guidelines promulgated thereunder, pursuant to Section 15301(a) of the State
CEQA Guidelines.
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 installation of antennas for wireless communication
purposes. The antennas shall be enclosed in a cylindrical shroud that
will be painted gray to match the ball field light pole. The color of the
parabolic antenna, if utilized, and all appurtenant supporting brackets
and attachments shall be painted to match the ball field light pole.
2) The wireless communication facility and the equipment shelter shall be
constructed in accordance with the approved plans on file with the
Planning Department.
3) Any expansion, modification, or alternation to the ball field light pole
shall require review and approval by the Planning Department.
4) The equipment shelter, landscaping, and concrete masonry wall shall
match the existing equipment shelter, landscaping, and concrete
masonry wall for the existing, adjacent AT&T wireless facility.
5) All equipment necessary for the operation of the wireless facility shall
be contained inside the equipment shelter.
6) Graffiti shall be removed within 72 hours.
7) Signs are not permitted on the ball field light pole and the equipment
shelter, except signage required for emergency notification purposes
and that required by regulatory agencies.
PLANNING COMMISSION RESOLUTION NO. 05-82
DRC2004-01142 — NEXTEL OF CALIFORNIA
September 14, 2005
Page 3
8) The antenna and the equipment shelter shall be maintained in good
condition at all times. Damaged and/or weathered equipment,
including appurtenant equipment, shall be repaired promptly.
9) No wireless communication facility shall interfere with the public safety
radio communications system, including, but not limited to, the eight
hundred MHz trunking system. If such a facility is found to interfere
with the public safety radio system, it shall cease operations
immediately until such time as the problem is resolved to the
satisfaction of the City of Rancho Cucamonga.
10) Should the Fire District construct a Fire Station at Heritage Park that
results in the relocation or modification of Nextel's equipment shelter,
utility runs, or light pole containing Nextel's antennas; all relocation or
modification costs shall be borne by Nextel.
11) Except for necessary emergency maintenance, maintenance of the
wireless communication facility and all appurtenant equipment on any
day, excepting Sundays, shall occur only between the hours of 8:00
a.m. and 8 p.m. On Sundays, maintenance shall occur only between
the hours of 9:00 a.m. and 8:00 p.m.
Engineering Department
1) An abandonment deposit in the amount of $2,500.00 shall be made
with the Engineering Department.
2) The City, prior to construction, shall approve an irrigation redesign plan
for the area. The plan shall be designed by a Licensed Landscape
Architect and redrawn by the Architect at the end of the project to the
new "as built" condition.
3) The improvements listed above shall be completed under a City
Engineering Department Construction Permit.
4) The enclosure must match any adjacent architectural features (same
type, finish, color, etc.)
5) Two minimum 50W HPS fixtures must be on the exterior of the
building.
6) No temporary operation is permitted with the exception of limited
testing prior to acceptance (no generator based operation except
testing or during emergency power outage).
7) Interference with the existing 800 Mhz radio system will result in
suspension of operation of the cell tower until the interference is
resolved.
PLANNING COMMISSION RESOLUTION NO. 05-82
DRC2004-01142— NEXTEL OF CALIFORNIA
September 14, 2005
Page 4
8) The lighting must be engineered for placement on the new pole and
photometric illumination and aiming test data must be submitted prior
to permit for permanent operation.
9) Ensure that all enclosures are vandal proof to the extent possible and
protect the public from injury exposure.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2005.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Pam S DChairman
ATTEST:
Dan Coleman, Acting Secretary
I, Dan Coleman, Acting 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 14th day of September 2005, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS . .
PROJECT#: CONDITIONAL USE PERMIT DRC2004-01142
SUBJECT: WIRELESS COMMUNICATION FACILITY ON AN EXISTING 76-FOOT HIGH LIGHT POLE
APPLICANT: NEXTEL OF CALIFORNIA
LOCATION: HERITAGE PARK—APN: 1061-641-07
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 a@emative,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. 05-82, 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.
B. Time Limits
1. Conditional Use Permit approval shall expire it 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 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 City Planner.
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Project No.DRC2004-01142
Completion Date
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _J_J_
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 City Planner 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 _J_J_
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 City Planner. For single-
family residential developments, transformers shall be placed in underground vaults.
D. Shopping,Centers
1. Graffiti shall be removed within 72hours. _J-J-
2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and
debris remain for more than 24 hours.
E. Building Design
1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Department. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the City Planner. Details
shall be included in building plans.
F. 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.
2. Existing trees required to be preserved in place shall be protected with a construction barrier in --/--J—
accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The
location of those trees to be preserved in place and new locations for transplanted trees shall be
shown on the detailed landscape plans. The applicant shall follow all of the arborist's
recommendations regarding preservation,transplanting, and trimming methods.
3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope,but less than 2:1
slope, shall be,at minimum, irrigated and landscaped with appropriate ground cover for erosion
control. Slope planting required by this section shall include a permanent irrigation system to be
installed by the developer prior to occupancy.
4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater _J—/—
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq.ft.of slope area,1-gallon or larger size
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Project No.DRC2004-01142
Completion Date
shrub per each 100 sq.ft.of slope area,and appropriate ground cover. In addition,slope banks
in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or
larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in
staggered clusters to soften and vary slope plane. Slope planting required by this section shall
include a permanent irrigation system to be installed by the developer prior to occupancy.
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) .
G. General Requirements
1. Submit five complete sets of plans including the following:
a. S@e/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 Department Project Number (i.e., DRC2004-01142) clearly identified on the
outside of all plans.
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 _J_J_
the City prior to permit issuance.
4. Separate permits are required for fencing and/or walls. —J—J-
5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the --J--/—
Building
—J___/Building and Safety Department.
H. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be —J—J_
marked with the project file number(i.e., DRC2004-01142). The applicant shall comply with the
latest adopted California Codes, and all other applicable codes,ordinances, and regulations in
effect at the time of permit application. Contact the Building and Safety Department for
availability of the Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new commercial or industrial development project or --/--J—
major addition,the applicant shall pay development fees at the established rate. Such fees may
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,Transportation
Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to
the Building and Safety Department prior to permits issuance.
SC-1-05
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Project No.DRC2004-01142
completion Date
3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map
recordation and and prior to issuance of building permits.
4. 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.
5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public
counter).
1. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearances
considering use, area, and fire-resistiveness..
2. Provide compliance with the California Building Code for required occupancy separations. _J_ J_
3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _J_J_
Section 1505.
4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _J__J_
5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. Jam_
6. Upon tenant improvement plan check submittal, additional requirements may be needed. Jam_
J. Grading
1. Grading of the subject property shall be in accordance with Califomia Building Code,City Grading
Standards, and accepted grading practices. The final grading plan shall be in substantial
conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the
time of application for grading plan check.
4. The final grading, appropriate certifications and compaction reports shall be completed,
submitted, and approved by the Building and Safety Official prior to the issuance of building,
permits.
5. A separate grading plan check submittal is required for all new construction projects and for
existing buildings where improvements being proposed will generate 50 cubic yards or more of
combined cut and fill. The grading plan shall be prepared,stamped,and signed by a California
registered Civil Engineer.
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