Loading...
HomeMy WebLinkAbout11-63 - Resolutions RESOLUTION NO. 11-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2011-00612 - CORE DEVELOPMENT SERVICES FOR METRO PCS - A REQUEST TO COLLOCATE A MAJOR WIRELESS FACILITY CONSISTING OF A SET OF ANTENNA PANELS, A MICROWAVE DISH, AND A 12-FOOT BY 18-FOOT EQUIPMENT ENCLOSURE WITH AN EXISTING MAJOR WIRELESS COMMUNICATIONS FACILITY MOUNTED ON A 78.5-FOOT HIGH BASEBALL FIELD LIGHT POLE IN THE OPEN SPACE (OS) DISTRICT GENERALLY, LOCATED AT THE SOUTHEAST CORNER OF HERITAGE COMMUNITY PARK; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 1061-641-07. A. Recitals. 1. Core Development Services, Inc., on behalf of Metro PCS, fled an application for the issuance of Conditional Use Permit DRC2011-00612, 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 December 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 Ptanning 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 December 14, 2011, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 40-acre Heritage Community Park located at the southwest corner of the intersection of Hillside Road and Beryl Avenue; The overall dimensions of the park are approximately 1,300 feet (north to south) by approximately 1,300 feet (east to west); b. The property is developed with park and recreational facilities owned and operated by the City. The improvements include several baseball and softball fields, equestrian facilities, multi-purpose trails with exercise stations, picnic areas, playgrounds, and large open lawn areas. Throughout the park there are numerous trees. Field lights are arranged around the baseball and softball fields; PLANNING COMMISSION RESOLUTION NO. 11-63 DRC2011-00612 - CORE DEVELOPMENT SERVICES, INC. FOR METRO PCS December 14, 2011 Page 2 C. Situated generally at the southeast corner of the park is a set of wireless communication facilities operated by two carriers. Each facility is comprised of one (1) set of antennas, mounted on two separate baseball field light poles of approximately 80 feet in height, and associated equipment shelters; d. The light poles on which the existing wireless facilities are mounted are located approximately 160 feet from each other. One of the poles is approximately 400 feet west of Beryl Avenue,while the other is approximately 300 feet west of Beryl Avenue. The specific location of the proposed wireless facility is the pole located closest to Beryl Avenue; e. The park is mostly surrounded by single-family residential development; near the southeast corner of the park across Beryl Avenue is Grace Brethren Church of Alta Loma; f. The zoning of the property is mostly Open Space(OS) District with the exception of the channel which is zoned Flood Control (FC) District. The zoning of the surrounding properties is Very Low (VL) Residential District; g. The proposal is to install a set of antennas and microwave dish on the aforementioned baseball field light pole. This equipment will be mounted directly below a set of antennas that were approved with Minor Development Review DRC2002-00262 and in the same position as the set of antennas that were approved, but never installed, with Conditional Use Permit DRC2004-01142; In. In addition to the set of antennas and microwave dish, a new equipment enclosure of 216 square feet will be constructed approximately 65 feet to the southeast near the location of two (2) existing enclosures that are utilized by the other carriers; i. The antennas will be mounted close to the pole, i.e. each antenna panel will be attached generally flush with the surface of the pole. The light pole itself will not increase in height, and the lamps at the top of the pole will not be altered. Any changes to the pole, if necessary, will be limited to structural enhancements to allow for the addition of the antennas and microwave dish; j. The completion of this project will allow Metro PCS to increase/enhance its coverage for its customers; k. The facility will generate noise caused by the occasional, automatic operation of processes used to cool/ventilate the equipment of the facility. According to a noise study prepared by National Engineering and Consulting, Inc., the intermittent operational noise sources of the project would be the same or less than the existing noise sources and would not result in substantial noise levels. Operations of the equipment would not expose pedestrians or horses/riders on the adjacent equestrian trail to excessive noise from the site and would be less than the ambient noise levels at Beryl Avenue. 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. Although the Open Space (OS) District does not have a height limit, Section 17.16.040 of the Code specifies that the height limit shall be determined on a site-by-site basis and consideration shall be given to the PLANNING COMMISSION RESOLUTION NO. 11-63 DRC2011-00612 - CORE DEVELOPMENT SERVICES, INC. FOR METRO PCS December 14, 2011 Page 3 surrounding properties and developments. The proposed project is a collocation of a new wireless facility with an existing wireless facility on baseball field light pole that is approximately 80 feet high— the height limit within the surrounding Very Low (VL) Residential District is 35 feet. Facilities in excess of this height are permitted with a Conditional Use Permit. As the facility is located within 300 feet of an existing, legally established Major Wireless Communications Facility, 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 the purposes of collocation. The underlying General Plan designation is Open Space. 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 the 40-acre Heritage Community Park located at the southwest corner of the intersection of Hillside Road and Beryl Avenue; the proposed land use is consistent with the existing land use and the expectations of the community. The zoning of the park is mostly Open Space (OS) District with the exception of the channel that bisects the park which is zoned Flood Control (FC) District. The zoning of the surrounding properties is Very Low (VL) Residential District. 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 3 exemption under State CEQA Guidelines Section 15303, which covers the permitting of construction and location of limited numbers of new, small facilities or structures, and installation of small equipment and facilities in small structures. The project entails installing a set of antennas and microwave dish on an existing baseball field light of approximately 80 feet in height and constructing a new equipment enclosure. 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 collocation of a Major Wireless Facility consisting of a set of antenna panels, a microwave dish, and a 12-foot by 18-foot equipment enclosure with an existing Major Wireless Communications facility mounted on a 78.5-foot high baseball field light pole in the Open Space (OS) District, generally located at the southeast corner of Heritage Community Park—APN: 1061-641-07. 2) The wireless communication facility and the equipment enclosure shall be constructed in accordance with the approved plans on file with the Planning Department. The antenna panels shall be mounted flush with the surface of the light pole and painted to match the color of the pole. PLANNING COMMISSION RESOLUTION NO. 11-63 DRC2011-00612 - CORE DEVELOPMENT SERVICES, INC. FOR METRO PCS December 14, 2011 Page 4 The enclosure shall match the design (materials, finish, and color) of the existing equipment enclosures used by the other wireless communications carriers. 3) Any expansion, modification, or alteration to the baseball field light pole or equipment enclosure shall require review and approval by the Planning Department. 4) The wireless facility shall operate in conformance with the performance standards as identified in the Development Code. If the operation of the wireless facility causes adverse effects upon the adjacent land uses or operations, this Conditional Use Permit shall be brought before the Planning Director and/or Planning Commission for further review and action. 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 enclosure. 8) Signs are not permitted on the baseball field light pole or the equipment enclosure, except signage required for emergency notification purposes and those required by regulatory agencies. 9) The antennas, microwave dish, 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. PLANNING COMMISSION RESOLUTION NO. 11-63 DRC2011-00612 -,CORE DEVELOPMENT SERVICES, INC. FOR METRO PCS December 14, 2011 Page 5 12) Parking of any maintenance vehicles or equipment on the Community Trail is prohibited. Only the area labeled as"Unpaved Road"on Sheet LS-2 may be used for maintenance vehicles. 13) A lease agreement is required in order to activate the Conditional Use Permit. Engineering 1) Return the site to the present condition if equipment damages any property. Building and Safety CELL EQUIPMENT STANDARD CONDITIONS NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW (S). 1) Submit five complete sets of plans Submit two sets of structural calculations. 2) 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) Operations shall not commence prior to posting the Certificate of Occupancy issued by the Building and Safety Division. 5) 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. 6) Upon tenant improvement plan check submittal, additional requirements may be needed. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 2011. PLANNING COMMISS ON OF THE CIT-Y OF RANCHO CUCAMONGA BY: Lou Munoz, Jr., Chairman ATTEST: , 1�— 4,1 Ja"mes . Troyer, AICP, Secretary PLANNING COMMISSION RESOLUTION NO. 11-63 DRC2011-00612 - CORE DEVELOPMENT SERVICES, INC. FOR METRO PCS December 14, 2011 Page 6 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 December 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#: DRC2011-00612 SUBJECT: CONDITONAL USE PERMIT APPLICANT: CORE DEVELOPMENT SERVICES, INC. FOR METRO PCS LOCATION: HERITAGE COMMUNITY 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. 11-63, 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 the approval. No extensions are allowed. 1 Project No.********** 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. 2