HomeMy WebLinkAbout10-34 - ResolutionsRESOLUTION NO. 10-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
DRC2009-00519, A REQUEST TO ADD THREE (3) RF PANELS AND (3) THREE
PARABOLIC ANTENNAS TO THE EMPTY BRACKETS OF AN EXISTING SPRINT
WIRELESS TELECOMMUNICATIONS FACILITY ARRAY AT HERITAGE PARK IN
THE OPEN SPACE DISTRICT, LOCATED AT 5546 BERYL STREET; AND MAKING
FINDINGS IN SUPPORT THEREOF —APN: 1061-641-07.
A. Recitals.
1. Clear Wireless, LLC filed an application for the issuance of Conditional Use Permit
DRC2009-00519, 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 5546 Beryl Street, with a total street
frontage of approximately 1,326 feet on Beryl Street and 1,326 feet on Hillside Road, which is presently
improved with a municipal 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 to
the east is zoned Very Low Residential (.1 - 2 dwelling units per acre) and is developed with single -family
dwelling units; and the property to the west is zoned Very Low Residential (.1 - 2 dwelling units per acre) and
is developed with single-family dwelling units; and
C. The application proposes the removal of three (3) of Sprint's RF panels and the installation
of three (3) parabolic antennas housed in faux RF panels, using the three (3) open spaces to install their RF
panels, for a total of six (6) RF panels. In addition, the applicant proposes to reconstruct the existing
equipment shelter to better stealth the equipment from public view.
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:
PLANNING COMMISSION RESOLUTION NO. 10-34
CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC
August 25, 2010
Page 2
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, togetherwith 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 as a Class 32 exemption under State CEQA Guidelines Section 15301 (existing facilities)
because the proposed project will use the existing infrastructure on the light standard, and all equipment will
be housed in the existing, albeit reconstructed equipment shelter, and there is no negligible expansion of the
existing use.
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 following: the removal three (3) of Sprint's RF panels and the
installation of three (3) parabolic antennas housed in faux RF panels, using the
three (3) open spaces to install their RF panels, for a total of six (6) RF panels
as well as the reconstruction of the existing equipment shelter located at
5546 Beryl Street.
2) The color of all appurtenant supporting brackets and attachments shall be
painted to match the branches of the light standard.
3) The wireless communications facility and the equipment shelter shall be
constructed in accordance with the approved plans on file with the Planning
Department.
4) Any expansion, modification, or alteration to the wireless communications facility
shall require review and approval by the Planning Department.
5) All equipment necessary for the operation of the wireless communications facility
shall be contained inside the equipment enclosure.
6) Signs are not permitted on the light standard or the equipment shelter, except
signage required for emergency notification purposes and those 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.
8) No wireless communications facility shall interfere with any public safety radio
communications system including, but not limited to, the 800 MHz trunking
PLANNING COMMISSION RESOLUTION NO. 10-34
CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC
August 25, 2010
Page 3
system. The applicant shall comply with all FCC rules and regulations regarding
the avoidance, mitigation, and abatement of any such interference.
9) Except for necessary emergency maintenance, maintenance of the wireless
communications 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.
Building and Safety/Fire Construction Services
STANDARD CONDITIONS CELL SITE
Fire Construction Services will review the construction plans when submitted to the
Building and Safety Department for plan check.
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
FSC -6 Fire District Site Access
1) Access Doorways: Approved doorways, accessible without the use of a ladder,
shall be provided in accordance with the 2007 California Building Code, Fire
and/or any other applicable standards. A Knox box must be installed in
Accordance with RCFPD Standards.
2) Commercial/Industrial Gates: Any gate installed across a Fire Department
access road shall be in accordance with the RCFPD Standard.
3) Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes.
A site plan illustrating the proposed delineation that meets the minimum
Fire District standards shall be included in the architectural plans submitted to
Building and Safety for approval.
FSC -10 Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with the business operations
and/or building construction. Plan check submittal is required with the permit
application for approval of the permit; field inspection is required prior to permit
issuance. General Use Permit shall be required for any activity or operation not
specifically described below, which in the judgment of the Fire Chief is likely to
produce conditions that may be hazardous to life or property.
• Battery Systems
• Compressed Gases
• Flammable and Combustible Liquids
• Hazardous Materials
0 Liquefied Petroleum Gases
PLANNING COMMISSION RESOLUTION NO. 10-34
CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC
August 25, 2010
Page 4
FSC -12 Hazardous Materials - Submittal to Fire Construction Services
Plans shall be submitted and approved prior to construction of buildings and/or the
installation of equipment designed to store, use or dispense hazardous materials in
accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical
Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards.
PRIOR TO THE RELEASE OF TEMPORARY POWER
The building construction must be substantially completed in accordance with Fire
Construction Services "Temporary Power Release Checklist and Procedures."
PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following:
1) Access Control Gates: Prior to the issuance of a Certificate of Occupancy,
vehicular gates must be inspected, tested, and accepted in accordance with
RCFPD Standards by Fire Construction Services.
2) Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy,
the approved fire access roadways must be installed in accordance with the
approved plans and acceptable to FCS.
3) The Covenants, Conditions, and Restrictions, the reciprocal agreement and/or
other approved documents shall be recorded and contain an approved fire
access roadway map with provisions that prohibit parking, specify the method of
enforcement, and identifies who is responsible for the required annual
inspections and the maintenance of all required fire access roadways.
4) Address: Prior to the issuance of a Certificate of Occupancy,
commercial/industrial and multi -family buildings shall post the address with
minimum 8 -inch numbers on contrasting background -visible from the streetand
electrically illuminated during periods of darkness.
5) Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the
applicant must demonstrate (in writing from the County) that the facility has met
or is meeting the Business Emergency/Contingency Plan with the
San Bernardino County Fire Department, Hazardous Materials/Emergency
Response and Enforcement Division. The applicant must also obtain inspection
and acceptance by Fire Construction Services.
6) Confidential Business Occupancy Information: The applicant shall complete the
Rancho Cucamonga Fire District "Confidential Business Occupancy Information"
form. This form provides contact information for Fire District use in the event of
an emergency at the subject building or property. This form must be presented
to the Fire Construction Services Inspector.
7) Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an
8 1/2 -inch by 11 -inch or 11 -inch by 17 -inch site plan of the site in accordance
with RCFPD Standard #13-1 shall be revised by the applicant to reflect the
actual location of all devices and building features as required in the standard.
The site plan must be reviewed and accepted by the Fire Inspector.
PLANNING COMMISSION RESOLUTION NO. 10-34 .
CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC
August 25, 2010
Page 5
8) The Knox box must be installed and the Key to the building and/or gates must
be provided by the owner or contractor to the fire inspector for locking up in the
Knox box.
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
•. 061ol"I
M. ISM
- - I
ATTEST: 111A4 e -
Jart,
R. Troyer, AICP, Sec etary
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:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
1.
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MUNOZ
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2009-00519
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: CLEAR WIRELESS, LLC
LOCATION: 5546 BERYL STREET (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 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. 10-34, 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
has not commenced within 5 years from the date of approval. No extensions are allowed.
SC -12-08
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Project No. DRC2009-00519
Comoletion 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, 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 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.
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 SAND 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. 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;
e. Planning Department Project Number (i.e., DRC2009-00519) 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.
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Project No. DRC2009-00519
Completion Date
4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Department.
F. Site Development
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.
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE RESOLUTION
3
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