HomeMy WebLinkAbout12-03 - Resolutions RESOLUTION NO. 12-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE
DRC2011-01060 -A REQUEST TO REDUCE THE 300-FOOT RESIDENTIAL
SEPARATION REQUIREMENT IN ORDER TO CONSTRUCT A 45-FOOT HIGH
MAJOR WIRELESS COMMUNICATION FACILITY ON THE SITE OF THE
SACRED HEART CATHOLIC CHURCH WITHIN THE REGIONAL RELATED
COMMERCIAL (RRC) DEVELOPMENT DISTRICT OF THE FOOTHILL
BOULEVARD DISTRICTS, SUBAREA4,AND THE MEDIUM(M)RESIDENTIAL
DEVELOPMENT DISTRICT OF THE ETIWANDA SPECIFIC PLAN (SOUTH
OVERLAY), LOCATED AT 12676 FOOTHILL BOULEVARD; AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 0227-211-24 AND 25.
A. Recitals.
1. Verizon Wireless filed an application for Variance DRC2011-01060,as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Variance 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 11.31-acre site is developed with a Catholic church,school, and related buildings;
and
b. The subject property is within the Regional Related Commercial Development District of
the Foothill Boulevard Districts(Subarea 4)and the Medium Residential District of the Etiwanda Specific
Plan (south overlay); and
C. The properties to the north are developed with the 1-15 Freeway and a multi-family
residential development, which is within the Medium (M) Development District of the Etiwanda Specific
Plan (south overlay);the properties to the south are developed with a commercial development,which is
within the Regional Related Commercial Development District of the Foothill Boulevard Districts —
Subarea 4; the properties to the east are developed with a multi-family development and a commercial
development, which are within the Medium (M) Residential District of the Etiwanda Specific Plan (south
overlay)and the Regional Related Commercial Development District of the Foothill Boulevard Districts—
Subarea 4, respectively; and, the properties to the west are developed with the 1-15 Freeway and a
commercial development,which is within the Regional Related Commercial Development District of the
Foothill Boulevard Districts—Subarea 4.
PLANNING COMMISSION RESOLUTION NO. 12-03
DRC2011-01060—VERIZON WIRELESS
January 11, 2012
Page 2
d. The applicant proposes constructing a major wireless communication facility on the site
of the Sacred Heart Catholic Church located at 12676 Foothill Boulevard. The facility will be in the form of
a 45-foot high monopine (top of branches at 50 feet).
e. Section 17.26.030.A.5 states that major wireless communication facilities may not be
within 300 feet of a residential development district unless collocated with a second wireless
communication facility. A portion of the church parking lot is zoned Medium (M) Residential. The
applicant has been unable to find a second carrier to collocate with them on the facility. The facility,
though, has the potential to be collocated in the future. To overcome the 300-foot residential district
separation requirement, the applicant submitted a Variance request.
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. That strict or literal interpretation and enforcement of the specified regulations would
result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the
Development Code. The intent of the 300-foot residential separation requirement is to limit the number
of wireless communication facilities adjacent to residential developments. While a portion of the site is
zoned for residential development, it is currently being used to meet the parking requirements for the
church on the site. The site, therefore, meets the intent of limiting the number of wireless facilities
adjacent to residential developments. For this reason, the literal interpretation of the separation
requirement would require the applicant to locate the facility in a less optimal location,which would place
an unnecessary physical hardship on the applicant.
b. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to other properties in
the same district. The site is divided into two development districts the Regional Related Commercial
Development District and Medium Residential. The residential portion of the site is being used as a
parking lot for the church and the school on the site. Therefore, the residentially designated portion of
the site is being used for non-residential purposes, creating an extraordinary circumstance that does not
apply to other properties in the Regional Related Commercial or Medium Residential Districts.
c. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the same district. In that,
without a reduction in the 300-foot residential separation requirement, the applicant would be unable to
develop a major wireless facility on the site which is a permitted use in the Regional Related Commercial
Development District.
d. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district. The intent of the
300-foot residential separation requirement is to limit the number of wireless communication facilities
adjacent to residential developments. The facility will not be within 300 feet of any existing or planned
residential developments. Additionally, the facility has been designed to facilitate an additional carrier
when one becomes available.
e. That the granting of the Variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The site is not within
300 feet of existing or planned residential dwelling units and will be designed to blend in with the existing
ori-site trees. Additionally, the Federal Telecommunication Act dictates that municipalities may not
regulate wireless facilities based upon health concerns.
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.
PLANNING COMMISSION RESOLUTION NO. 12-03
DRC2011-01060—VERIZON WIRELESS
January 11, 2012
Page 3
The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303,which covers
the installation of new equipment and facilities in small structures. Because the project only involves
installing a 45-foot high wireless communication facility along with related equipment and the construction
four new parking stalls, 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 staffs
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 reduce the 300-foot residential separation
requirement in order to construct a 45-foot tall monopine (top of branches
at 50 feet) major wireless communication facility on the site of the Sacred
Heart Catholic Church located at 12676 Foothill Boulevard.
2) Approval is contingent on the approval of related file Conditional Use
Permit DRC2011-00688.
3) Print a copy of this Resolution of Approval on the plans when they are
submitted for Plan Check.
4) The applicant shall obtain all the necessary permits from the Building and
Safety Department.
5) Signs or advertising are not permitted on the wireless communication
facility other than those required by the FCC.
6) 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.
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2012.
PLANNING COMMISSION)-OAF THE CITY OF RANCHO CUCAMONG_._—
BY:
Luis Munoz, Jr., Chairman
ATTEST:
ames R. Troyer, AICP/Secretary
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2011-00688, DRC2011-01060, AND DRC2011-01165
SUBJECT: CONDITIONAL USE PERMIT, VARIANCE, AND TREE REMOVAL
APPLICANT: VERIZON WIRELESS
LOCATION: 12676 FOOTHILL BOULEVARD—APN: 0227-211-24 AND 25
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 Nos. 12-02, 12-03,and 12-04,
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, Variance, and Tree Removal 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 Nos. DRC2011-00688 DRC2011-01060, AND DRC2011-01165
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. 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.
6. 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 Numbers (i.e., DRC2011-00688, DRC2011-01060, AND
DRC2011-01165) 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.
2
Project Nos. DRC2011-00688, DRC2011-01060,AND DRC2011-01165
Completion Dale
E. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file numbers(i.e., DRC2011-00688, DRC2011-01060,AND DRC2011-
01165). The applicant shall comply with the latest adopted California Codes, and all other
applicable codes, ordinances, and regulations in effect at the time of permit application. Contact
the Building and Safety Department for availability of the Code Adoption Ordinance and
applicable handouts.
2. 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.
3
PLANNING COMMISSION RESOLUTION NO. 12-03
DRC2011-01060—VERIZON WIRELESS
January 11, 2012
Page 4
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