HomeMy WebLinkAbout11-38 - Resolutions RESOLUTION NO. 11-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2011-00010, A REQUEST TO REMOVE AN EXISTING
SINGLE-CARRIER MINOR WIRELESS COMMUNICATION FACILITY OF
35 FEET IN HEIGHT AND IN ITS PLACE CONSTRUCT A MULTI-CARRIER
MAJOR WIRELESS COMMUNICATIONS FACILITY OF 75 FEET IN
HEIGHT ON A PARCEL OF 4.65 ACRES THAT IS DEVELOPED WITH
FACILITIES OWNED AND OPERATED BY THE CUCAMONGA VALLEY
WATER DISTRICT (CVWD) IN THE VERY LOW (VL) RESIDENTIAL
DISTRICT LOCATED AT 6615 ETIWANDA AVENUE AND MAKING
FINDINGS IN SUPPORT THEREOF —APN: 0227-051-29.
A. Recitals.
1. PTS on behalf of T-Mobile and Plancom, Inc. on behalf of Verizon filed an application for
the issuance of Conditional Use Permit DRC201 1-00010, 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 14th day of September 2011, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said 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 meeting on September 14, 2011, including written and oral staff reports,together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 4.65-acre parcel at the east side of Etiwanda Avenue
about 650 feet south of Highland Avenue at 6615 Etiwanda Avenue;
b. The overall dimensions of the parcel are about 333 feet (north to south) by about
662 feet (east to west);
C. The property is developed with facilities owned and operated by the Cucamonga
Valley Water District (CVWD). The improvements include a 15-foot high, 265-foot diameter water
tank, a 1400-square foot building, and a series of ground-mounted equipment;
d. Additionally, there is a single-carrier Minor Wireless Communications Facility
operated by Nextel consisting of a 35-foot high tower that is disguised as a monopalm and an
associated equipment shelter. The cell tower is about 350 feet east of Etiwanda Avenue and 95 feet
PLANNING COMMISSION RESOLUTION NO. 11-38
CONDITIONAL USE PERMIT DRC2011-00010
PTS for T-MOBILE and PLANCOM, INC. for VERIZON
September 14, 2011
Page 2
south of the subject property north property line. The tower is located about 30 feet northwest of the
water tank.
e. The general location of the project site is at the location of the existing Minor
Wireless Communications Facility,
f. To the south and east of the property are single-family residences (Tract 16279)
while to the north it is vacant. To the west across Etiwanda Avenue are additional single-family
residences;
g. The zoning of the property and the properties to the south, east, and north is Very
Low(VL) Residential District, Etiwanda Specific Plan while the properties to the west are zoned Low
(L) Residential District, Victoria Planned Community;
h. The proposal is to remove the existing 35-foot high single-carrier cell tower and
construct a new 75-foot high multi-carrier cell tower in its place, i.e. convert the existing Minor
Wireless Communications Facility to a Major Wireless Communications Facility;
i. Following completion, antennas and associated equipment for T-Mobile and
Verizon will be co-located on this tower. Nextel's antennas and associated equipment will be
transferred to this tower. In addition to the new tower, in its general vicinity, two new equipment
shelters of about 400 — 450 square feet each will be constructed and associated improvements
installed to accommodate the two added carriers. Nextel's equipment shelter and associated
improvements will remain in place;
j. The tower will be disguised as a monopine and the equipment shelters will be
constructed to match the existing Nextel equipment shelter and CVWD building;
k. The completion of this project will allow T-Mobile and Verizon to increase/enhance
their coverage for their respective customers.
3. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting 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 proposed
project is a 75-foot high multi-carrier major wireless communications facility. Although it exceeds
the height limit of the district in which it is located, facilities of this height are permitted with a
Conditional Use Permit. As the facility is located within 300 feet of residential structures and is
within a residential district, it is required to comply, and fulfills, the site selection criteria which
specifies that such facilities must be a replacement or modification of an existing facility for purposes
of collocation The underlying General Plan designation is Low Residential.
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 project site is within a property owned by the Cucamonga Valley
Water District (CVWD); the proposed land use is consistent with the existing land use and the
expectations of the community. The zoning of the property and the properties to the south, east,
PLANNING COMMISSION RESOLUTION NO. 11-38
CONDITIONAL USE PERMIT DRC2011-00010
PTS for T-MOBILE and PLANCOM, INC. for VERIZON
September 14, 2011
Page 3
and north is Very Low (VL) Residential District, Etiwanda Specific Plan while the properties to the
west are zoned Low (L) Residential District, Victoria Planned Community.
C. The proposed use complies with each of the applicable provisions of the
Development Code. The proposed development meets all standards outlined in the Development
Code and the design and development standards and policies of the Planning Commission and the
City.
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
15302, which covers the permitting of replacement or reconstruction of existing structures and
facilities where the new structure will be located on the same site as the structure replaced and will
have substantially the same purpose and capacity as the structure replaced. The project entails
removing an existing single-carrier Minor Wireless Communications Facility of 35 feet in height and
in its place constructing a multi-carrier Major Wireless Communications Facility of 75 feet in height.
Staff finds 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 its own independent judgment, concurs in the staffs determination of
exemption.
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 removal of an existing single-carrier Minor Wireless
Communication Facility of 35 feet in height and in its place the
construction of a multi-carrier Major Wireless Communications Facility
of 75 feet in height on a parcel of 4.65 acres that is developed with
facilities owned and operated by the Cucamonga Valley Water District
(CVWD) in the Very Low (VL) Residential District located at 6615
Etiwanda Avenue —APN: 0227-051-29.
2) The design of the tower shall mimic a pine tree in the arrangement of
the 'branches' and the density of their distribution. The coloration of
the individual pine 'needles' shall be varied to resemble a living
specimen. The pole shall be cylindrical in section and wrapped with a
faux bark finish. The antenna panels shall be wrapped with'socks'that
are green in color and include pine 'needles'.
3) The wireless communication facility and the equipment shelters shall
be constructed in accordance with the approved plans on file with the
Planning Department. The enclosures/shelters shall match the design
(wall/roofing materials, finish, and color) of the existing Nextel
equipment shelter.
PLANNING COMMISSION RESOLUTION NO. 11-38
CONDITIONAL USE PERMIT DRC2011-00010
PTS for T-MOBILE and PLANCOM. INC. for VERIZON
September 14, 2011
Page 4
4) Any expansion, modification, or alteration to the cell tower or
equipment enclosures shall require review and approval by the
Planning Department.
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.
6) Any work performed or any right-of-way closure will require prior
approval from the Engineering Department.
7) All equipment necessary for the operation of the wireless facility shall
be contained inside the equipment shelter.
8) Signs are not permitted on the cell tower or the equipment shelters,
except signage required for emergency notification purposes and those
required by regulatory agencies.
9) 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.
10) 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.
11) 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.
Fire Construction Services
STANDARD CONDITIONS FOR A CELL SITE
Fire Construction Services will review the construction planswhen submitted
to the Building & Safety Department for plan check.
PLANNING COMMISSION RESOLUTION NO. 11-38
CONDITIONAL USE PERMIT DRC2011-00010
PTS for T-MOBILE and PLANCOM, INC. for VERIZON
September 14, 2011
Page 5
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 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 California Building, Fire,
Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD50 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".
PLANNING COMMISSION RESOLUTION NO. 11-38
CONDITIONAL USE PERMIT DRC2011-00010
PTS for T-MOBILE and PLANCOM, INC. for VERIZON
September 14, 2011
Page 6
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 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.
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 street and 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,
a 8 '/" x 11" or 11" x 17" site plan of the site in accordance with
RCFPD Standards 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.
8) The Knox box must be installed and the owner or contractor must
provide the Key to the building and/or gates to the fire inspector for
locking up in the Knox box.
9) The generator and diesel fuel tank must comply with NFPA 30 and
NFPA 110.
PLANNING COMMISSION RESOLUTION NO. 11-38
CONDITIONAL USE PERMIT DRC201 1-00010
PTS for T-MOBILE and PLANCOM, INC. for VERIZON
September 14, 2011
Page 7
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: C
Lou Munoz, Jr., Chairm n
ATTEST:
Troyer, AICP, Secr ary
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 14th day of September 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FL.ETCHER: HOWDYSHELL, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA
ABSTAIN: COMMISSIONERS: M[INOZ
e
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2011-00010
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: PTS for T-MOBILE and PLANCOM, INC. for VERIZON
LOCATION: 6615 ETIWANDA AVENUE —APN: 0227-051-29
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.11-38, 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
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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.
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 Etiwanda 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. 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.
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. 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
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g. Planning Department Project Number (i.e., DRC2011-00010) 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,
E. 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.
F. New Structures
1. Upon 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
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