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HomeMy WebLinkAbout06-109 - Resolutions RESOLUTION NO. 06-109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2005-00752 FOR THE CO-LOCATION AND INSTALLATION OF A WIRELESS COMMUNICATION FACILITY ON AN EXISTING 75-FOOT HIGH BALL FIELD LIGHT STANDARD ON 18 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT(.1-2 DWELLING UNITS PER ACRE) WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED IN ETIWANDA CREEK PARK AT 5939 EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0225-131-22. A. Recitals. 1. Sprint/Nextel Wireless filed an application for the issuance of Conditional Use Permit DRC2005-00752, 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 November 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 November 8, 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 East Avenue, north of Banyan Street and south of 24th Street, with a total street frontage of approximately 595 feet on East Avenue, which is presently improved with a City park; and b. The property to the north of the subject site is zoned Very Low Residential (less than 2 dwelling units per acre) and is currently undeveloped; the property to the south is zoned Civic/Regional Public Facilities and is developed with an intermediate school; the property to the east is Very Low Residential (less than 2 dwelling units per acre) and is currently undeveloped; the property to the west is zoned Estate Residential (1 dwelling unit per acre) and is developed with an elementary school; and C. The application proposes the installation of six antenna panels within a 5-foot by 8-foot radome on new 75-foot ball field light standard. The radome will be constructed of similar materials to the light standard, thereby providing a stealth design that blends with the built environment and meets the goals and objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 06-109 DRC2005-00752—SPRINT/NEXTEL WIRELESS December 13, 2006 Page 2 d. The proposed wireless facility will allow Sprint/Nextel Wireless to co-locate with another carrier on the ball field light standard, thereby meeting the goals and objectives of the Development Code by 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 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 under the Class 1 exemption under State CEQA Guidelines Section 15301 (Class 1 exemption—existing facilities)because the addition to the existing structure is less than 50 percent of the floor area of the existing structure. In addition,there is no substantial evidence that the project may 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 staff's 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 installation of antennas forwireless communication purposes. The antennas shall be installed in a radome that will be mounted on an existing ball field light standard. The color of the radome and all appurtenant supporting brackets and attachments shall be painted to match the light standard. 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 wireless communication facility shall require review and approval by the Planning Department. 4) The equipment vault and landscaping shall match the existing park landscaping. PLANNING COMMISSION RESOLUTION NO. 06-109 DRC2005-00752—SPRINT/NEXTEL WIRELESS December 13, 2006 Page 3 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 ball field light standard and the equipment vault, except signage required for emergency notification purposes and that are required by regulatory agencies. 7) The antenna and the equipment vault shall be maintained in good condition at all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. 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 any day, 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. Engineering Department 1) An Abandonment deposit, in the amount of$2,500.00 shall be made with the Engineering Department. 2) No trenching is allowed in the planter area adjacent to the existing trail. 3) The applicant assumes full responsibility for locating and marking all power, irrigation, water, etc., lines and laterals prior to construction. If any power, irrigation,water, etc., lines are damaged,the applicant shall have immediate repairs made by skilled professionals. Public Works shall be informed of any and all damages at the time they occur by contacting the City Yard at (909) 477-2730. 4) All trenches shall be plated and excavations fenced and fully secured with 6-foot chain link fencing;all active work sites shall be fully secured by temporary fencing or other methods approved'by the City Inspector to provide for the safety of the Park patrons. The site shall be fully restored and thoroughly cleaned daily. Trenching and excavation area must be fenced, plated, and secured daily to prevent risk to patrons. 5) A pre-construction meeting is required with Park/Landscape Maintenance Superintendent Jeff Barnes, Facilities Superintendent Dale Catron, Maintenance Supervisor Chris Gilli, and a public works inspector. Coordinate scheduling of the meeting with Sandy Mellem at the City Yard at (909) 477-2730, extension 4104. PLANNING COMMISSION RESOLUTION NO. 06-109 DRC2005-00752 —SPRINT/NEXTEL WIRELESS December 13, 2006 Page 4 6) City Engineering Department Construction Permit is required to work on public property. Proper insurance, contractor's license, and City business license is required, along with the permit fee and $5,000 refundable restoration deposit. 7) Cell Installation must not utilize City power or phone connections. 8) Pole calculations must be approved by the Building and Safety Department in regard to wind loading, stress, structural issues, etc. 9) New lighting must be engineered and lighting calculations provided to meet applicable standards as mast height is being altered. 10) Transfer of lighting system to new pole must occur without interruption to scheduled sports events at that site. 11) The site must not be powered up until final inspection and approval is received from the Building and Safety Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam S w rt, Chairman ATTEST: �/" � - �&� Jam . Troyer, AICP, Secret6hy 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 13th day of December 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT DRC2005-00752 SUBJECT: CONDITIONAL USE PERMIT FOR A COMMUNICATION FACILITY APPLICANT: SPRINT/NEXTEL WIRELESS LOCATION: 5939 EAST AVENUE 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 sighed Planning Commission Resolution of Approval No. 06-109, 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, 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 Department,the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. SC-1-05 1 IAPLANNINGTINAL\PLNGCOMM2006 Res&Stf Rpt\DRC2005-00752StdCond 12-13.doc Project No. DRC2005-00752 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. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and 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. 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. 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(DRC2005-00752)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. 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(DRC2005-00752). The applicant shall complywith the latest 2 I:\PLANNING\FINAL\PLNGC0MM\2006 Res&Stf Rpt\DRC2005-00752StdCond 12-13.doc Project No.DRC2005-00752 Completion Date 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. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 6. 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. 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. 3 I:\PLANNINGTINAL\PLNGCOMMt2006 Res&Stf Rpt\DRC2005-00752StdCond 12-13.doc