HomeMy WebLinkAbout12-10 - Resolutions RESOLUTION NO. 12-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2011-00873 - A REQUEST TO MODIFY THE EXISTING
WIRELESS COMMUNICATION FACILITY HOUSED IN A 57-FOOT,6-INCH
HIGH CROSS TOWER (MDR 00-14) IN ORDER TO REPLACE THE
3 EXISTING ANTENNAS WITH 6 NEW ANTENNAS AND RELATED
EQUIPMENT FOR A SITE ON THE NORTH SIDE OF HIGHLAND AVENUE
AND WEST OF CAMBRIDGE AVENUE IN THE LOW (L) RESIDENTIAL
DEVELOPMENT DISTRICT, LOCATED AT 9944 HIGHLAND AVENUE;
AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0201-055-49.
A. Recitals.
1. AT&T Mobility filed an application for Conditional Use Permit DRC2011-00873, 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 February 8, 2012, the item was brought to the Planning Commission of the City of
Rancho Cucamonga. However, because of a lack of quorum, no action was taken. The item was
readvertised for the following meeting on March 14, 2012.
3. On March 14, 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.
4. 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 March 14,2012, including written and oral staff reports,together
with public testimony, the Planning Commission hereby specifically finds as follows:
a. The application applies to an existing wireless facility that is located adjacent to the
Highland Avenue right-of-way on the site of the 9.53-acre Highland Avenue Community Church
located at 9944 Highland Avenue; and
b. The subject property is within the Low (L) Residential Development District; and
C. The property to the north and east are within the Low(L)residential development
district and developed with single-family residences; the property to the west is within the Medium
(M)development district and developed with a multi-family development; and, the SR-210 Freeway
is to the south; and
d. The applicant proposes replacing the 3 existing antennas with 6 new antennas in
order to upgrade the facility to the latest wireless transmission technology(4G—LTE). The existing
57-foot,6-inch high wireless communication facility is in the form of a cross tower. The changes will
also include adding 6 remote radio units (RRU), 12 tower mounted amplifiers (TMA) and a GPS
antenna. The related equipment will be housed inside the existing fully enclosed equipment shelter,
except for a small GPS antenna that will be attached to the outside of the equipment shelter. There
PLANNING COMMISSION RESOLUTION NO. 12-10
DRC2011-00873 —AT&T MOBILITY
March 14, 2012
Page 2
will be no visual changes to the facility as the new antennas will be mounted inside of the existing
cross tower; and
e. Section 17.26.010 of the Development Code classifies all wireless communication
facilities that are over the height limit of the district in which they are located as Major Wireless
Communication Facilities. Development Code Section 17.26.070 states that Major Wireless
facilities shall be approved by a Conditional Use Permit. The existing facility was approved by a
Minor Development Review on November 11, 2002 (MDR 00-14) and is non-conforming under
current regulations. The approval of this Conditional Use Permit will bring the site into conformance
with the current regulations.
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
communications facility 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 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 replace 3 antennas with 6 antennas along with
minor related equipment for an existing wireless communication facility
located at 9944 Highland Avenue -APN: 0201-055-49.
2) The equipment for the wireless communication facility shall be
completely housed inside the existing equipment enclosure, with the
exception of one GPS antenna mounted to the fascia of the building.
3) Paint the GPS antenna to match the fascia of the equipment shelter to
which it is mounted.
PLANNING COMMISSION RESOLUTION NO. 12-10
DRC2011-00873—AT&T MOBILITY
March 14, 2012
Page 3
4) The RF transparent cladding shall match the color and texture of the
existing cross tower.
5) The cross tower and the equipment shelter shall be painted the same
color. Paint all equipment(including A/C units) and conduits mounted
to the exterior of the equipment shelter to match the equipment shelter.
6) Print a copy of this Resolution of Approval on the plans when they are
submitted for Plan Check.
7) The facility shall be maintained at all times, including making necessary
repairs as needed, and keeping the site free from trash and debris.
8) Graffiti and trash shall be removed within 72 hours following notification
to the property owner.
9) All appurtenant equipment shall be maintained in good condition at all
times.
10) No wireless telecommunications 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 Federal
Communications Commission (FCC) rules and regulations regarding
the avoidance, mitigation, and abatement of any such interference.
11) The applicant shall obtain all the necessary permits from the Building
and Safety Department.
12) Signs or advertising are not permitted on the wireless communication
facility, with exception of signage required by the FCC.
13) 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 14TH DAY OF MARCH 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
i n / �
BY:
Luis Munoz, Jr., Chairman
ATTEST:
s R. Troyer, AICP, Secret ry
PLANNING COMMISSION RESOLUTION NO. 12-10
DRC2011-00873—AT&T MOBILITY
March 14, 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 14th day of March 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2011-00873
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: AT&T MOBILITY
LOCATION: 9944 HIGHLAND AVENUE -APN: 0201-055-49
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. 12-10, 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.
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Project No. DRC2011-00873
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.
7. 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. Floor Plan;
b. 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,
C. Planning Department Project Number (i.e., DRC2011-00873) 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.
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Project No. DRC2011-00873
Completion Date
E. Existing Structures
1. Upon tenant improvement plan check submittal, additional requirements may be required.
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