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HomeMy WebLinkAbout12-04 - Resolutions RESOLUTION NO. 12-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2011-01165 - A REQUEST TO REMOVE ONE TREE IN CONJUNCTION WITH A PROPOSED MAJOR WIRELESS COMMUNICATION FACILITY (CONDITIONAL USE PERMIT DRC2011-00688) ON THE SITE OF THE SACRED HEART CATHOLIC CHURCH WITHIN THE REGIONAL RELATED COMMERCIAL (RRC) DEVELOPMENT DISTRICT OF THE FOOTHILL BOULEVARD DISTRICTS, SUBAREA 4, 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 Tree Removal Permit DRC2011-01165, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal 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 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 I-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. 12-04 DRC2011-01165 —VERIZON WIRELESS January 11, 2012 Page 2 d. The applicant proposes constructing a 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); and e. The project will necessitate the removal of one tree in order to install the monopine. 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 the 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 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 remove one tree 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) The removed tree shall be replaced with a minimum 24-inch box size tree in the vicinity of the existing tree. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Conditions, Health Department, Uniform Building Code, or any other City Ordinances. PLANNING COMMISSION RESOLUTION NO. 12-04 DRC2011-01165 —VERIZON WIRELESS January 11, 2012 Page 3 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: i Luis Munoz, Jr., Chairm ATTEST: j ,14Mes R. Troyer, AICP, S cretary 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#: DRC2011-00688, 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 Date 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