HomeMy WebLinkAbout11-07 - Resolutions RESOLUTION NO. 11-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2010-00237-A REQUEST TO ADD 3 RF PANEL ANTENNAS TO AN
EXISTING 44-FOOT HIGH UTILITY POLE IN THE VERY LOW RESIDENTIAL
DISTRICT LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON
SAPPHIRE STREET,APPROXIMATELY 389 FEET NORTH OF THE CENTERLINE
OF JENNET STREET; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. T-Mobile filed an application for the issuance of Conditional Use Permit DRC2010-00237, 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 9th day of March 2011, 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 March 9, 2011, including written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
a. The application applies to the public right-of-way located on the east side of Sapphire Street,
approximately 389 feet north of the centerline of Jennet Street,which is presently fully improved with a public
road, curb and gutter, sidewalk, utility poles, and an unmaintained planter area; and
b. The property to the north of the subject site is zoned Very Low Residential (0.1-2 dwelling
units per acre)and is developed with single-family dwelling units; the property to the south is zoned Very Low
Residential (0.1-2 dwelling units per acre)and is developed with single-family dwelling units; the property to
the east is zoned Very Low Residential (0.1-2 dwelling units per acre) and is developed with single-family
dwelling units; the property to the west is zoned Very Low Residential (0.1-2 dwelling units per acre)and is
developed with single-family dwelling units; and
C. The application proposes the addition of 3 RF Panel antennas to an existing 44-foot utility
pole for the purposes of collocation. The antennas will be mounted on the utility pole at approximately 35 feet
above the grade; and
d. The application meets the screening and site selection guidelines of the Wireless
Communications Facilities Chapter of the Development Code by collocating on an existing utility pole and
screening the ground mounted equipment from public view in an equipment shelter that will blend with the
existing screen wall; and
PLANNING COMMISSION RESOLUTION NO. 11-07
CONDITIONAL USE PERMIT DRC2010-00237—T-MOBILE
March 9, 2011
Page 2
e. The application is consistent with General Plan Policy LU11.3, which promotes wireless
communications facilities that blend in with the surrounding environment. By locating on an existing utility
pole, painting the RF Panels and appurtenant equipment brown to match the utility pole, and constructing a
structure that will screen the appurtenant ground-mounted equipment in a manner that blends with the
existing screen wall, the wireless communications facility will be less obtrusive to the surrounding
environment than constructing an independent facility that may detract from the visual landscape.
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 as a Class 1 Exemption under State CEQA Guidelines Section 15301 (Existing Facilities),
which covers the minor alteration of existing of public facilities. Because the project involves an addition of
wireless utility equipment to an existing utility pole, the project involves negligible expansion of the existing
utility uses. 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 3 RF Panel antennas on an existing
44-foot utility pole as well as installation of ground-mounted equipment in a
32.5 square foot equipment shelter.
2) The color of the RF Panel antennas, all appurtenant supporting brackets and
attachments shall be painted to match the color of the existing utility pole.
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 alternation to the wireless communications
facility shall require review and approval by the Planning Department.
5) The ground mounted equipment shelter shall not encroach into the community
trail.
PLANNING COMMISSION RESOLUTION NO. 11-07
CONDITIONAL USE PERMIT DR02010-00237—T-MOBILE
March 9, 2011
Page 3
6) All equipment necessaryforthe operation of thewireless communications facility
shall be contained inside the equipment enclosure.
7) Signs are not permitted on the utility pole 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
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.
Fire Construction Services:
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-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
PLANNING COMMISSION RESOLUTION NO. 11-07
CONDITIONAL USE PERMIT DRC2010-00237— T-MOBILE
March 9, 2011
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/oradopted standards.
PRIOR TO THE RELEASE OF TEMPORARY POWER
The 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. 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 Department. 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, an
8 1/2-inch by 11-inch or 11-inch by 17-inch Site Plan of the site in accordance
with RCFPD Standard No. 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. 11-07
CONDITIONAL USE PERMIT DRC2010-00237—T-MOBILE
March 9, 2011
Page 5
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz Jr., Chairm n
ATTEST: � ' &.'/
Ja s R. Troyer, AICP, Secret
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 9th day of March 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MUNOZ
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2010-00237
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: T-MOBILE
PUBLIC RIGHT-OF-WAY ON SAPPHIRE STREET APPROXIMATELY 389 FEET NORTH OF
LOCATION: THE CENTERLINE OF JENNET STREET
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. 11-07 and Standard
Conditions, 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
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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 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. 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.
5. 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,waterand waste
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diagram, sewer or septic system location, fixture units, gas piping, and heating and air
conditioning; and
g. Planning Department Project Number(i.e., SUBTT#,SUBTPM#, DRC#)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. 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 plan check submittal, additional requirements may be needed.
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