HomeMy WebLinkAbout12-01 - Resolutions RESOLUTION NO. 12-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2011-01138-A REQUEST TO REPLACE 9 ANTENNAS WITH
12 ANTENNAS AND RELATED EQUIPMENT FOR AN EXISTING 45-FOOT
HIGH (TOP OF PALM FRONDS AT 50 FEET) MONOPALM WIRELESS
COMMUNICATION FACILITY(ORIGINALLY APPROVED AS CONDITIONAL
USE PERMIT DRC2009-00681)IN THE REGIONAL RELATED COMMERCIAL
DISTRICT OF THE FOOTHILL BOULEVARD DISTRICTS (SUBAREA 4),
LOCATED AT 12879 FOOTHILL BOULEVARD;AND MAKING FINDINGS IN
SUPPORT THEREOF-APN: 0229-031-28.
A. Recitals.
1. AT&T Mobility filed an application for Conditional Use Permit DRC2011-01138, 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 January 11, 2012, 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 January 11, 2012, including written and oral staff reports,
together with public testimony, the Planning Commission hereby specifically finds as follows:
a. The existing wireless communication facility is located at the southwest corner of
Foothill Boulevard and Etiwanda Avenue within a multi-parcel 58.65-acre retail center at
12879 Foothill Boulevard; and
b. The subject property is within the Regional Related Commercial District of the
Foothill Boulevard Districts (Subarea 4); and
C. The properties to the north are within the Regional Related Commercial and
Community Commercial Districts within the Foothill Boulevard District(Subarea 4)and consists of
church, commercial development, and vacant land; the properties to the south are within the
General Industrial (Subarea 8) and the Light Industrial Development Districts (Etiwanda South
Overlay)and consist of vacant land, a manufacturing facility and a MWD water retention basin; the
properties to the east are within the Community Commercial and Low Residential Development
Districts and consist of vacant land and single-family residences; and the property to the west is the
1-15 freeway; and
d. The applicant proposes replacing 9 existing antennas with 12 new antennas in
order to upgrade the facility to the latest wireless transmission technology (LTE). The existing
45-foot high stealth wireless communication facility (top of fronds 50 feet) is in the form of a palm
PLANNING COMMISSION RESOLUTION NO. 12-01
DRC2011-01138 —AT&T MOBILITY
January 11, 2012
Page 2
tree; and
e. The new antennas are 4 feet longer than the existing antennas,though the overall
height will not be increased, as the applicant is lowering the point where the antennas are attached
to the trunk of the monopalm by 2 feet. The changes will also include adding 12 remote radio units
(RRU), two small surge suppressors, and a GPS antenna. The related equipment will be housed
inside the existing walled enclosed equipment shelter; and
f. Section 17.26.020 of the Development Code classifies wireless communication
facilities that are over the height limit of the development district in which they are located as Major
Wireless Facilities. Section 17.26.070 states that Major Wireless facilities must be approved by a
Conditional Use Permit. The existing wireless communication facility is 10 feet above the 35-foot
maximum height limit of the Regional Related Commercial District and was approved by a
Conditional Use Permit on May 12, 2010(DRC2009-00681). Section 17.04.030 of the Development
Code requires that the Planning Commission approve modifications to an existing Conditional Use
Permit.
3. Based upon the substantial evidence presented to the Planning Commission 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, 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 1 exemption under State CEQA Guidelines
Section 15301, which covers the repair, maintenance, permitting and minor alterations of existing
facilities. Because the project only involves adding new antennas to an existing wireless
communication 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 staff's determination of
exemption.
5. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4
above, the Planning 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 granted to replace 9 antennas on an existing wireless
communication facility with 12 new antennas and related equipmentfor
a site located at 12879 Foothill Boulevard -APN: 0229-031-28.
PLANNING COMMISSION RESOLUTION NO. 12-01
DRC2011-01138—AT&T MOBILITY
January 11, 2012
Page 3
2) The equipment for the wireless communication facility shall be
completely housed inside and screened by the existing walled
enclosure.
3) The antennas, mounting brackets, and related equipment mounted to
the existing facility shall be painted to match the existing monopalm.
4) Print a copy of this Resolution of Approval on the plans when they are
submitted for Plan Check.
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 telecommunication 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.
12) Add additional palm fronds to screen the extended antennae to the
satisfaction of the Planning Director.
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2012.
PLA7zoz,
ION OF T OF RANCHO CUCAMONGA
BY: �
Jr., Chairman
PLANNING COMMISSION RESOLUTION NO. 12-01
DRC2011-01138 —AT&T MOBILITY
January 11, 2012
Page 4
ATTEST:
aures R. Troyer, AICP, S6cretary
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 11th day of January 2012, 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#: DRC2011-01138
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: AT&T MOBILITY
LOCATION: 12879 FOOTHILL BOULEVARD -APN: 029-021-33
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. 12-01, 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.
1
Project No. DRC2011-01138
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. 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.
3. 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.
4. 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. 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;
e. Planning Department Project Number (i.e., DRC2011-01138) 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. Separate permits are required for fencing and/or walls.
E. Existing Structures
1. Upon tenant improvement plan check submittal, additional requirements may be required.
2