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HomeMy WebLinkAbout10-52 - Resolutions RESOLUTION NO.10-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00686 - A REQUEST TO ADD 12 RF PANEL ANTENNAS AND 1 MICROWAVE ANTENNA TO AN EXISTING 60-FOOT TALL MONOPINE WIRELESS COMMUNICATIONS FACILITY FOR THE PURPOSE OF COLLOCATION IN THE HILLSIDE RESIDENTIAL DISTRICT, AT CITY FIRE STATION NO. 175, LOCATED AT 11108 BANYAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0201-191-28. A. Recitals. 1. AT&T Wireless filed an application for the issuance of Conditional Use Permit DRC2010-00686, 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 10th day of November 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 November 10, 2010, 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 north side of Banyan Street, east of Fredericksburg Avenue, and west of Milliken Avenue,with a total streetfrontage of approximately 355 feet on Banyan Street, which is presently fully improved with City Fire Station No. 175; and b. The property to the north of the subject site is zoned Flood Control and is undeveloped;the property to the south is zoned Low-Medium Residential (4-8 dwelling units per acre) and is developed with single-familydwelling units;the property to the east is zoned Flood Control and is undeveloped;the property to the west is zoned Low Residential (2-4 dwelling units per acre)and is developed with single-family dwelling units; and C. The application proposes the addition of 12 RF Panel antennas and one microwave antenna to an existing 60-foot monopine for the purposes of collocation. The antennas will be mounted on the monopine at approximately 38 feet above the grade; and 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. PLANNING COMMISSION RESOLUTION NO. 10-52 CONDITIONAL USE PERMIT DRC2010-00686 —AT&T November 10, 2010 Page 2 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 as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project does not result in any major exterior alterations, 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 following: Addition of 12 RF panel antennas and 1 microwave antenna on an existing 60-foot monopine wireless communications facility as well as installation of groundmounted equipment in a 471 square foot equipment shelter, located at 11108 Banyan Street. 2) The wireless communications facility shall be embellished to the satisfaction of the Planning Director to reasonably imitate a pine tree. This includes, but is not limited to, the use of pine sleeves to stealth the RF Panels and paint for the microwave dish. 3) The color of all appurtenant supporting brackets and attachments shall be painted to match the branches of the monopine. 4) The wireless communications facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 5) Any expansion, modification, or alternation to the wireless communications facility shall require review and approval by the Planning Department. 6) All equipment necessaryfor the operation of the wireless communications facility shall be contained inside the equipment enclosure. 7) Signs are not permitted on the monopine or the equipment shelter, except signage required for emergency notification purposes and those required by regulatory agencies. 8) 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. 9) 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 PLANNING COMMISSION RESOLUTION NO. 10-52 CONDITIONAL USE PERMIT DRC2010-00686 —AT&T November 10, 2010 Page 3 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. 10) 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 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 10TH DAY OF NOVEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 1 11 Luis Munoz Jr., Chairman ATTEST: Js R. Troyer, AICP, Secr ary I, James R. Tr ,yer, 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 1 Oth day of November 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: MUNOZ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00686 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: AT&T LOCATION: 11180 BANYAN STREET—APN: 0201-191-28 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. 10-52, 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\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00686StdCond 11-10.doc Project No. DRC2010-00686 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. 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. 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(DRC2010-00686)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. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00686StdCond 11-10.doc Project No. DRC2010-00686 Completion Date 4. Operation shall not commence 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\DRC2010-00686StdCond 11-10.doc