HomeMy WebLinkAbout12-41 - Resolutions RESOLUTION NO. 12-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2012-00598-A REQUEST FOR SITE AND ARCHITECTURAL
REVIEW OF A 57-FOOT TALL WIRELESS COMMUNICATION FACILITYATA
COMMERCIAL CENTER LOCATED AT THE NORTHEAST CORNER OF
CARNELIAN STREET AND 19TH STREET WITHIN THE NEIGHBORHOOD
COMMERCIAL DEVELOPMENT DISTRICT, LOCATED AT 8710
19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 0201-221-45.
A. Recitals.
1. Verizon Wireless filed an application for Conditional Use Permit DRC2012-00598, 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 September 26, 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 September 26, 2012, including written and oral staff reports,
together with public testimony, the Planning Commission hereby specifically finds as follows:
a. The application applies to a site located within an approximate 7.59-acre
commercial center at the northeast corner of Carnelian Street and 19th Street. The wireless
communication facility will be situated adjacent to the east bound entrance to the 1-210 freeway in an
area currently being used for landscaping; and
b. The subject property is within the Neighborhood Commercial (NC) Development
District; and
C. The property to the north of the site is the 1-210 freeway; the properties to the west
and south are developed with commercial centers within the Neighborhood Commercial
Development District; and, the property to the west is developed with a multi-family residential
development within the Medium High (MH) Residential Development District; and
d. The applicant proposes constructing a 57-foot high wireless communication facility
in the form of a decorative tower. The facility is designed to carry over design elements from the
adjacent commercial center including roof material, tile accents, and building color. The applicant
has stepped the upper portion of the tower to reduce the overall bulk of the facility. The tower has
been designed to accommodate a second wireless carrier in the future; and
e. The transmission equipment will be located in the base of the tower, with an air
conditioning unit and back up generator located in the open-walled equipment enclosure adjacent to
the tower. The total area occupied by the facility including an open-walled equipment shelter is
PLANNING COMMISSION RESOLUTION NO. 12-41
CONDITIONAL USE PERMIT DRC2012-00598—VERIZON WIRELESS
September 26, 2012
Page 2
777 square feet. There is an approximately 10-foot grade difference between the project site and
the adjacent freeway on ramp, which helps mitigate the overall height of the facility related to the
public right-of-way. The adjacent building is approximately 34 feet high; and
f. The maximum permitted building height within the Neighborhood Commercial
Development District is 35 feet. Wireless communication facilities that exceed the height limit of the
development district in which they are located are classified as Major Wireless Communication
Facilities. Section 17.26.030 of the Development Code requires that Major Wireless Communication
Facilities be approved by a Conditional Use Permit and Planning Commission approval.
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 3 exemption under State CEQA Guidelines
Section 15303, which covets the installation of small new equipment and facilities in small
structures. The project includes the construction of a wireless communication facility and related
equipment at an existing commercial center. Staff finds that there is no substantial evidence that
the project will have a significant effect on the environment, in that the facility will encompass a
minor portion of the overall site, and all necessary public services are in place. 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 for a 57-foot high wireless communication facility and
related equipment located at 8710 19th Street-APN: 0201-221-45.
2) The equipment for the wireless communication facility shall be
completely housed under the tower or within the adjacent equipment
enclosure. The equipment shall be fully screened from public view.
3) All cables, cable trays, and access ladders shall be screened from
public view.
PLANNING COMMISSION RESOLUTION NO. 12-41
CONDITIONAL USE PERMIT DRC2012-00598 —VERIZON WIRELESS
September 26, 2012
Page 3
4) Add a wood trellis structure over the equipment shelter that conforms
to the City's commercial trash enclosure standard.
5) Paint the GPS antenna to match the fascia of the equipment shelter to
which it is mounted.
6) The RF transparent cladding shall match the color and texture of the
existing cross tower.
7) The tower and the equipment shelter shall be painted to match the
colors used on the adjacent commercial center.
8) Install landscaping around the base of the tower to the satisfaction of
the Planning Director.
9) Print a copy of this Resolution of Approval on the plans when they are
submitted for Plan Check.
10) The facility shall be maintained at all times, including making necessary
repairs as needed, and keeping the site free from trash and debris.
11) Graffiti and trash shall be removed within 72 hours of being noticed.
12) All appurtenant equipment shall be maintained in good condition at all
times.
13) 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 FCC
rules and regulations regarding the avoidance, mitigation, and
abatement of any such interference.
14) The applicant shall obtain all the necessary permits from the Building
and Safety Department.
15) Signs or advertising are not permitted on the wireless communication
facility, with exception of signage required by the FCC.
16) 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.
Building Department (Fire Services):
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
1) FCS-5 Entitlement fees:
The $110.00 Fire Entitlement Fee is to be collected at Plan Check.
Fee payment must be processed at the Building and Safety Services
PLANNING COMMISSION RESOLUTION NO. 12-41
CONDITIONAL USE PERMIT DRC2012-00598 —VERIZON WIRELESS
September 26, 2012
Page 4
Department. The case tag will be removed from the parcel by the
public service technician upon payment of the fees.
2) Approved doorways, accessible without the use of a ladder, shall be
provided in accordance with the California Building Code, Fire and/or
any other applicable standards. A Knox box must be installed in
Accordance with RCFPD Standards.
3) Any gate installed across a Fire Department access road shall be in
accordance with the RCFPD Standard.
4) Red curbing and/or signage shall identify the fire lanes. A Site Plan
illustrating the proposed delineation that meets the minimum Fire
District standards shall be included in the architectural plans submitted
to Building and Safety for approval.
5) FSC-10 Occupancy and Hazard Control Permits
Listed below are those Fire Code permits commonly associated with
the business operations and/or building construction. Plan check
submittal is required with the permit application for approval of the
permit; field inspection is required prior to permit issuance. General
Use Permit shall be required for any activity or operation not
specifically described below, which in the judgment of the Fire Chief is
likely to produce conditions that may be hazardous to life or property.
Battery Systems
Generators
Compressed Gases
Flammable and Combustible Liquids
Hazardous Materials
Liquefied Petroleum Gases
6) Plans shall be submitted and approved prior to construction of
buildings and/or the installation of equipment designed to store, use or
dispense hazardous materials in accordance with the California
Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD
Ordinances FD50 and other implemented and/or adopted standards.
PRIOR TO THE RELEASE OF TEMPORARY POWER:
1) Prior to the issuance of a Certificate of Occupancy, vehicular gates
must be inspected, tested, and accepted in accordance with RCFPD
Standards by Fire Construction Services.
2) Prior to the issuance of any Certificate of Occupancy,the approved fire
access roadways must be installed in accordance with the approved
plans and acceptable to FCS. The Covenants, Conditions, and
Restrictions, the reciprocal agreement, and/or other approved
documents shall be recorded and contain an approved fire access
roadway map with provisions that prohibit parking, specify the method
PLANNING COMMISSION RESOLUTION NO. 12-41
CONDITIONAL USE PERMIT DRC2012-00598 —VERIZON WIRELESS
September 26, 2012
Page 5
of enforcement, and identifies who is responsible for the required
annual inspections and the maintenance of all required fire access
roadways.
3) Prior to the issuance of a Certificate of Occupancy,commercial/industrial
buildings shall post the address with minimum 8-inch numbers on
contrasting background,visible from the street and electrically illuminated
during periods of darkness.
4) Prior to the issuance of a Certificate of Occupancy, the applicant must
demonstrate (in writing from the County) that the facility has met or is
meeting the Business Emergency/Contingency Plan with the
San Bernardino County Fire Department,Hazardous Materials/Emergency
Response and Enforcement Division. The applicant must also obtain
inspection and acceptance by Fire Construction Services.
5) The applicant shall complete the Rancho Cucamonga Fire District
"Confidential Business Occupancy Information" form. This form
provides contact information for Fire District use in the event of an
emergency at the subject building or property. This form must be
presented to the Fire Construction Services Inspector.
6) Prior to the issuance of a Certificate of Occupancy, provide a 8 1/2-inch
by 11-inch by 17-inch Site Plan of the site in accordance with RCFPD
Standards and illustrating the location of all devices and building
features as required in the standard. The Site Plan must be reviewed
and accepted by the Fire Inspector.
7) The Knox box must be installed, and the owner or contractor must
provide the Key to the building and/or gates to the fire inspector for
Knox box.
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Frances Howdyshell, Chairman
ATTEST:
Jeffrey . Bloom, Deputy City Manager
PLANNING COMMISSION RESOLUTION NO. 12-41
CONDITIONAL USE PERMIT DRC2012-00598—VERIZON WIRELESS
September 26, 2012
Page 6
I, Jeffrey A. Bloom, Deputy City Manager 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 26th day of September 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HOWDYSHELL
ABSTAIN: COMMISSIONERS: MUNOZ
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2012-00598
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: VERIZON WIRELESS
LOCATION: 8710 19TH STREET—APN: 0201-221-45
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. 12-41, 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 Determination -$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. DRC2012-00598
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. Site/Plot Plan;
b. Foundation Plan;
C. Floor Plan;
d. Ceiling and Roof Framing Plan;
e. 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;
f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste
diagram, sewer or septic system location, fixture units, gas piping, and heating and air
conditioning; and
g. Planning Department Project Number(i.e., DRC2012-00598)clearly identified on the outside
of all plans.
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Project No. DRC2012-00598
Completion Date
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. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number(i.e., DRC2012-00598). 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. Prior to issuance of building permits for a new commercial or industrial development project or
major addition, the applicant shall pay development fees at the established rate. Such fees may
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation
Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the
Building and Safety Department prior to permits issuance.
3. 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.
F. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearances
considering use, area, and fire-resistiveness.
2. Provide compliance with the California Building Code for required occupancy separations.
3. Roofing material shall be installed per the manufacturer's"high wind" instructions.
4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A.
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