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HomeMy WebLinkAbout10-50 - Resolutions RESOLUTION NO. 10-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2009-00762,A REQUEST TO INCREASE THE HEIGHT OFA FREE-STANDING CROSS TOWER FROM 40.5 FEET TO 50.5 FEET IN ORDER TO ADD A SECOND WIRELESS COMMUNICATION FACILITY (COLLOCATE) FOR A SITE LOCATED ADJACENT TO AN EXISTING CHURCH AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL STREET IN THE MEDIUM (M) RESIDENTIAL DISTRICT, LOCATED AT 909019TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF -APN: APN: 0201-221-08. A. Recitals. 1. T-Mobile West Corporation has filed an application for Conditional Use Permit DRC2009-00762, 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 November 10, 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. The Planning 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 the Planning Commission during the above-referenced public hearing on November 10, 2010, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to an approximately 5-acre site located at 909019th Street at the northwest corner of 19th Street and Beryl Street; and b. The subject property is zoned Medium Residential (M); and C. To the north is the 210 Freeway; to the south is a parcel zoned Low(L) Residential (L) and developed with a single-family residence that has been converted to office use; to the east are parcels zoned Low(L) Residential and developed with single-family residences; and to the west is a parcel developed with multi-family residences zoned Medium High (MH) Residential; and d. The maximum height limit for the residential district in which the cross tower is located is 35 feet. Section 17.26.060 of the Development Code permits co-located wireless communication facilities to extend above the height limit with the approval of a Conditional Use Permit by the Planning Commission; and e. The applicant proposes increasing the height of an existing cross tower by 10 feet in order to add a second wireless communication carrier. The cross tower is located on a site owned by the Alta Loma Community Baptist Church and is situated adjacent to the north property line and the 210 Freeway right-of-way. The cross tower is currently 40.5 feet tall and houses a wireless communication facility operated by Nextel (DRC2003-00294); and PLANNING COMMISSIOIN RESOLUTION NO. 10-50 DRC2009-00762 - T-MOBILE WEST CORPORATION November 10, 2010 Page 2 f. The antennas will be mounted inside of the cross tower(above Nextel's equipment) and, the related equipment will be housed inside the base of the cross tower. The applicant has agreed to construct a 6-foot high block wall from the terminus of the existing freeway sound wall to the existing Verizon switching station screen wall. A view obscuring metal backing will be added to the existing wrought iron gates and fences at the base of the cross tower in order to screen the equipment. 3. Based upon the substantial evidence presented to the Planning Director during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning 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; and 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 the properties or the improvements in the vicinity; and C. The application, which contemplates operation of 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 3 exemption under State CEQA Guidelines Section 15303, which covers the installation of new equipment in small structures. Because the project only involves raising the height of an existing cross tower and adding new equipment,with no changes to the size or location of the existing equipment enclosure, staff concludes that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption,and based on his independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Director 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 granted to increase the height of an existing cross tower by 10 feet in order to add a second wireless communication facility for a site located at the northwest corner of 19th Street and Beryl Street - APN: 0201-221-08. 2) The equipment for the wireless communication facility shall be completely housed inside the base of the cross tower and inside the existing walled enclosure. 3) Add decorative wrought iron grills to the openings in the wall plane of the cross tower where the crosses are currently mounted (4 openings). The final design shall be approved by the Planning Director. 4) Print a copy of this Resolution of Approval on the plans when they are submitted for Plan Check. PLANNING COMMISSIOIN RESOLUTION NO. 10-50 DRC2009-00762 - T-MOBILE WEST CORPORATION November 10, 2010 Page 3 5) The facility shall be maintained at all times, including making necessary repairs as needed, and keeping the site free from trash and debris. In no event shall trash and debris remain for more than 24 hours. 6) Graffiti shall be removed within 72 hours. 7) All appurtenant equipment shall be maintained in good condition at all times. 8) No wireless telecommunications facility shall interfere with any public safety radio communications system including, but not limited to, the 800 MHz trunking system. The applicant shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference. 9) The applicant shall obtain all the necessary permits from the Building and Safety Department. 10) Signs or advertising are not permitted on the wireless communication facility. 11) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Conditions, Health Departments, Uniform Building Code, or any other City Ordinances. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: A" � C " V"'r—� Luis Munoz, Jr., Chairman ATTEST: Jam s R. Troyer, AICP, Secretary I, James R. Troyer, AICP of the 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 10th day of November 2010. PLANNING COMMISSIOIN RESOLUTION NO. 10-50 DRC2009-00762 - T-MOBILE WEST CORPORATION November 10, 2010 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: MUNOZ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00762 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: T-MOBILE WEST CORPORATION LOCATION: 9090 19TH STREET—APN: 0201-221-08 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. 10-50, 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 1 I:\PLANNING\FINAL\PLNGC0MM\2010 Res &Stf Rpt\DRC2009-00762StdCond 11-10.doc Project No. DRC2009-00762 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, 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. 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. 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. 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 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 Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 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) D. 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. Planning Department Project Number(DRC2009-00762)clearly identified on the outside of all plans. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00762StdCond 11-10.doc Project No.DRC2009-00762 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. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. E. 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(i.e., DRC2009-00762). 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. 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. F. 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 ATTACHED 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00762StdCond 11-10.doc FIRE STANDARD CONDITIONS CELL SITE Fire Construction Services will review the construction plans when submitted to the Building & 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 B&S 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 " Liquefied Petroleum Gases 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. The CC&R's, 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. 1. 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 street and electrically illuminated during periods of darkness. 2. 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. 3. 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. 4. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 1/2" x 11" or 11". x 17" 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. 5. The Knox box must be installed and the Key to the building and/or gates must provided by the owner or contractor to the fire inspector for locking up in the Knox box.