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HomeMy WebLinkAbout06-80 - Resolutions RESOLUTION NO. 06-80 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2006-00352, FOR THE REPLACEMENT OF AN EXISTING 50-FOOT HIGH MONOPOLE WIRELESS COMMUNICATION FACILITY WITH A 70-FOOT HIGH MONOPINE ON 1.02 ACRES OF LAND IN THE MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED AT CITY FIRE STATION #171; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0202-101-11. A. Recitals. 1. Cingular Wireless filed an application for the issuance of Conditional Use Permit DRC2006-00352, 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 23rd day of August 2006, 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 August 23,2006, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the east side of Amethyst Street, north of 19th Street,and south of the 210 Freeway,with a total street frontage of approximately 195 feet on Amethyst Street, which is presently improved with a City Fire Station; and b. The property to the north of the subject site is zoned Medium Residential (8-14 dwelling units per acre) and is developed with multi-family dwelling units; the property to the south is zoned Office Professional and is developed with a U.S. Post Office;the property to the east is zoned Medium Residential (8-14 dwelling units per acre)and is developed with multi-family dwelling units;and the property to the west is zoned Medium Residential (8-14 dwelling units per acre)and is developed with multi-family dwelling units; and C. The application proposes the replacement of a 50-foot monopole with a 70-foot monopine for the purposes of co-location, consisting of 12 antenna panels, 1 parabolic antenna with artificial branches to resemble a Pine tree, and rubberized faux bark material made to imitate a tree trunk,thereby providing a stealth design that blends with the built environment which meets the goals and objectives of the Development Code. Cingular will mount one parabolic antenna at approximately 35 feet above grade. The existing wireless carriers, Sprint and T-Mobile, will be mounted at approximately 57 feet and 65 feet above grade, respectively; and d. The proposed wireless facility will be of sufficient height to allow Cingular Wireless to co-locate with two other carriers on the enhanced wireless facility, thereby, meeting the goals and objectives of the Development Code by converting an existing legal, non-conforming structure to a PLANNING COMMISSION RESOLUTION NO. 06-80 DRC2006-00352 —CINGULAR WIRELESS August 23, 2006 Page 2 stealth wireless site and allowing for the placement of multiple wireless carriers on a single-pole structure. 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(CEQA)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 installed on a cylinder that will be covered with faux material to imitate a Pine tree. The color of the parabolic antenna and all appurtenant supporting brackets and attachments shall be painted to match the branches of the monopine. 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 monopine shall require review and approval by the Planning Department. 4) The equipment shelter and landscaping shall match the existing equipment shelter and landscaping for the existing fire station. 5) All equipment necessary for the operation of the wireless facility shall be contained inside the equipment shelter. 6) Signs are not permitted on the monopine or the equipment shelter, except signage required for emergency notification purposes and that required by regulatory agencies. 7) 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. PLANNING COMMISSION RESOLUTION NO. 06-80 DRC2006-00352—CINGULAR WIRELESS August 23, 2006 Page 3 8) No wireless communication facility shall interfere with the public safety radio communications system including, but not limited to, the 800 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. 9) Except for necessary emergency maintenance, maintenance of the wireless communication facility and all appurtenant equipment on anyday, except Sundays, shall occur only between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. 10) A Canary Island Pine tree shall be installed in the lawn area in front of the station to provide additional screening for the prefabricated equipment shelter. Engineering Department 1) The cell tower shall not interfere with the existing radio frequency based systems on-site. 2) Tower installation shall not impede the delivery of emergency services. 3) Tower operation may only be conducted afterfinal inspection and approval by the City. 4) A permanent generator should be scheduled to exercise at times during regular business hours to provide least disruption to nearby residents. 5) The equipment enclosure shall be provided with light fixtures on the north, south, east and west sides. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2006. PLANNING MMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam Stew r, CfDhairman ATTEST: X- �A� Janys R. Troyer, AICP, SLycretary I, James R. Troyer,AICP, 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 23rd day of August 2006, by the following vote-to-wit: AYES: COMMISSIONERS: McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER, MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT DRC2006-00352 SUBJECT: CONDITIONAL USE PERMIT-WIRELESS COMMUNICATION FACILITY APPLICANT: CINGULAR WIRELESS LOCATION: 6627 AMETHYST STREET (AMETHYST FIRE STATION) 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 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. , Copies of the signed Planning Commission Resolution of Approval No. 06-80, 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 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 Department, the conditions contained herein, and Development Code regulations. SC-1-05 1 I:\PLANNING\FINAL\PLNGCOMM\2006 Res&Stf Rpt\DRC2006-00352Std Cond 8-23.doc Project No.DRC2006-00352 Completion Date 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 Planning Director. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 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 Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. 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) E. General Requirements 1. Submit five 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 Department Project Number(DRC2006-00352)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 the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. 2 I:\PLANNING\FINAL\PLNGC0MM\2006 Res&Stf Rpt\DRC2006-00352Std Cond 8-23.doc Project No.DRC2006-00352 Completion Date F. 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(DRC2006-00352). 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 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. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation 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). G. 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. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 5. Upon tenant improvement plan check submittal, additional requirements may be needed. H. Grading 1. Grading of the subject property shall be in accordance with California 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 plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 3 I:\PLANNINGTFINAL\PLNGCOMMT2006 Res&Stf Rpt\DRC2006-00352Std Cond 8-23.doc Project No.DRC2006-00352 Completion Date 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. 4 I:\PLANNING\FINAL\PLNGCOMM\2006 Res&Sd Rpt\DRC2006-00352Std Cond 6-23.doc