HomeMy WebLinkAbout10-33 - Resolutions RESOLUTION NO.10-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2010-00385,A REQUEST TO ADD A THIRD CARRIER TO A
MULTI-CARRIER WIRELESS COMMUNICATIONS FACILITY, LOCATED IN
THE NEIGHBORHOOD COMMERCIAL DISTRICT OF THE TERRA VISTA
COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—
APN: 0227-182-17.
A. Recitals.
1. AT&T filed an application for the issuance of Conditional Use Permit DRC2010-00385,
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 25th day of August 2010, 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 25, 2010, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located at the southeast corner of
Base Line Road and Milliken Avenue with a street frontage on Base Line Road of 888 feet and a
street frontage on Milliken Avenue of 733 feet and which is presently improved with a multi-tenant
shopping center; and
b. The properties to the north, south, and east of the subject site are single-family
residences;the property to the west consists of a gas station;and the property northwest of the site
is Central Park; and
C. The project consists of the addition of one carrier to a previously approved
multi-carrier wireless communications facility and the addition of 240 square feet to a previously
approved 690 square foot equipment shelter.
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. The collocation of
this carrier with two other carriers meets the General Plan objective that requires communications
PLANNING COMMISSION RESOLUTION NO. 10-33
DRC2010-00385 AT&T
August 25, 2010
Page 2
towers to be collocated and designed to blend in with the surrounding environment. The Conditional
Use Permit is required to add a third carrier to the previously approved wireless communication facility
in the Neighborhood Commercial District of the Terra Vista Community Plan.
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. The antenna in the tower and the addition to the equipment enclosure will be installed
per the Building Code and all applicable codes governing wireless facilities.
C. The proposed use complies with each of the applicable provisions of the
Development Code by collocating on a facility that is designed to blend with the surrounding
environment and has the ability to collocate multi-carriers within the facility.
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 as a Class 32 exemption under State CEQA Guidelines
Section 15332 (In-Fill Development) because the proposed project meets all the criteria described in
this section and is only an addition of 240 square foot in total lot coverage, located in an area that
contains all public services with facilities to allow for maximum development and there is no
substantial evidence that the project may have a significant effect on the environment.
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 addition of a third carrier onto a previously approved
multi-carrier wireless communications facility that is designed as a clock
tower, with an addition of 240 square feet to the equipment enclosure
located at the southeast corner of Base Line Road and Milliken Avenue-
APN: 0227-182-17.
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 alteration to the clock tower or
equipment enclosure shall require review and approval by the Planning
Department.
4) The approval of this application does not exempt the applicant from
complying with all of the conditions of previously approved Conditional
Use Permit DRC2009-00253 and CUP 89-18.
5) The wireless communication facility is considered abandoned if it ceases
to provide wireless communication service for 180 or more days and
shall be removed in accordance with the proper health and safety
requirements and all ordinances, rules, and regulations of the City.
PLANNING COMMISSION RESOLUTION NO. 10-33
DRC2010-00385 AT&T
August 25, 2010
Page 3
6) The equipment shelter and landscaping shall match the existing site in
style and color.
7) Any work performed or any right-of-way closure will require prior approval
from the Engineering Department.
8) All equipment necessary for the operation of the wireless facility shall be
contained inside the equipment shelter.
9) Signs are not permitted on the clock tower or the equipment shelter,
except signage required for emergency notification purposes and those
required by regulatory agencies.
10) 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.
11) No wireless communication facility shall interfere with the public safety
radio communications system including, but not limited to, the 800 MHz
trunking system. If it is determined that the operation of the
telecommunications facility causes interference with the radio
communications of the City's public safety operation in violation of FCC
Rules and Regulations, the applicant shall work diligently in accordance
with the Best Practices Guidelines of the FCC to eliminate any
interference.
12) Except for necessary emergency maintenance, maintenance of the
wireless communication facility and all appurtenant equipment on any
day, except on 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.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 2010.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: t6JO -
Luis Munoz Jr., Chairman
ATTEST: Vim"
J V
s R. Troyer, AICP, Se retary
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 25th day of August 2010, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 10-33
DRC2010-00385 AT&T
August 25, 2010
Page 4
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: ,NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MUNOZ
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2010-00385
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: AT & T
LOCATION: SOUTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE-APN: 0227-182-17
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 Dat
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. 10-33, 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.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning.Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50 X
B. Time Limits
1. Conditional Use Permit approval shall expire if building permits are not issued or approved use --J--J—
has not commenced within 5 years from the date of approval. No extensions are allowed.
SC-12-08 1
I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Sff Rpt\DRC2010-00385StdCond 8-25.doc
Project No. DRC2010-00385
Completion Date
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 Terra Vista Specific Plan.
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. 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 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.
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.
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 (i.e., DRC2010-00385) clearly identified on the
outside of all plans.
2
I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00385StdCond 8-25.doc
Project No.DRC2010-00385
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. 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. 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.
G. New Structures
1. Upon tenant improvement plan check submittal, additional requirements may be needed.
3
I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00385StdCond 8-25.doc