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HomeMy WebLinkAbout13-20 - Resolutions RESOLUTION NO. 13-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT (MODIFICATION) DRC2013-00034 - A REQUEST TO MODIFY A PREVIOUS APPROVAL (DRC2011-00688) FOR THE SITE AND ARCHITECTURAL REVIEW OF A45-FOOT TALL(TOP OF BRANCHESAT 50 FEET) MAJOR WIRELESS COMMUNICATION FACILITY ON THE SITE OF THE SACRED HEART CATHOLIC CHURCH WITHIN THE REGIONALLY RELATED COMMERCIAL (RRC) DEVELOPMENT DISTRICT 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: 0227-211-02, 24 AND 25 AND 0227-221-01 AND 02. A. Recitals. 1. Spectrum, for Verizon Wireless, filed an application for Conditional Use Permit (Modification) DRC2013-00034, 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 April 24, 2013, 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 April 24, 2013, 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 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 Regionally Related Commercial(Foothill Boulevard District—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 Regionally Related Commercial (Foothill Boulevard District — Subarea 4), respectively; and, the properties to the west are developed with the 1-15 Freeway and a commercial development,which is within the Regionally Related Commercial (Foothill Boulevard District—Subarea 4). PLANNING COMMISSION RESOLUTION NO. 13-20 DRC2013-00034—VERIZON WIRELESS April 24, 2013 Page 2 d. The proposed wireless communication facility is in the form of a 45-foot high monopine (top of branches at 50 feet). The facility will be located at the northern edge of the property adjacent to the 1-15 Freeway sound wall,which is over 300 feet from the classrooms on the site and 60 feet from the apartments on the property to the east. The related control equipment, including a backup generator, will be housed within a 440 square foot, open-walled equipment enclosure located adjacent to the monopine. Verizon and the church will repair or replace any landscaping damaged during the installation of the facility and plant additional trees and shrubs in the surrounding landscape planter; and e. The area on the site where the facility will be located is zoned Medium (M) Residential, which has a height limit of 35 feet. Section 17.106.000 of the Development Code permits wireless facilities to go over the maximum height limit when approved by a Conditional Use Permit. Additionally, Section 17.106.030.A.5.0 states that major wireless communication facilities may only be located within 300 feet of a residential development district when the facility is designed and constructed in a manner to allow for future collocation of additional wireless communication carriers. The proposed facility conforms to this requirement and the applicant has provided documentation that a more suitable location is not available that meets their coverage requirements. 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 in that a major wireless communication facility is permitted with the approval of a Conditional Use Permit; 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 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, 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 COMMISSION RESOLUTION NO. 13-20 DRC2013-00034 —VERIZON WIRELESS April 24, 2013 Page 3 Planning Department: 1) Approval is granted to construct a 45-foot tall monopine (top of branches at 50 feet) major wireless communication facility, backup generator, and related equipment on the site of the Sacred Heart Catholic Church located at 12676 Foothill Boulevard. 2) The equipment for the wireless communication facility shall be completely housed inside and screened by an open-walled equipment enclosure. 3) The equipment enclosure shall have a stucco finish and overhead trellis structure to match the existing on-site trash enclosures. 4) The monopine shall have a life-like appearance with the branches starting no higher than 15 feet above the finished grade, adjacent to the facility with the final design of the facility to be approved by the Planning Manager. 5) The antennas, mounting brackets and related equipment mounted to the facility shall be painted to match the monopine. 6) Any damage to the landscaping and irrigation system shall be repaired or replaced. Additional trees and shrubs shall be planted to the satisfaction of the Planning Manager. 7) Print a copy of this Resolution of Approval on the plans when they are submitted for Plan Check. 8) 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. 9) Graffiti shall be removed within 72 hours. 10) All appurtenant equipment shall be maintained in good condition at all times. 11) 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. 12) The applicant shall obtain all the necessary permits from the Building and Safety Services Department. 13) Signs or advertising are not permitted on the wireless communication facility. PLANNING COMMISSION RESOLUTION NO. 13-20 DRC2013-00034—VERIZON WIRELESS April 24, 2013 Page 4 14) 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 24TH DAY OF APRIL 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: C9 aw Frances Howdyshell, Chairman ATTEST: 06, ,QA. Candyce B ett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 24th day of April 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER: OAXACA: HOWDYSHELL: WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MUNOZ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2013-00034 SUBJECT: CUP (MODIFICATION) APPLICANT: SPECTRUM LOCATION: 12676 FOOTHILL BOULEVARD—APN: 0227-211-02, 24, 25 AND 0227-221-01 AND 02. 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. 13-20 or Approval Letter, 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 Manager hearing: a) Notice of Exemption -$50 X B. Time Limits 1. Any approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 1 Project No.DRC2013-00034 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 Manager review and approval prior to the issuance of building permits. 3. 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. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community, Specific Plans and/Oor Master Plans in effect at the time of building permit issuance. 5. 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 Manager. For single-family residential developments, transformers shall be placed in underground vaults. D. CELL SITE FIRE STANDARD CONDITIONS Fire Construction Services will review the construction plans when submitted to the Building and Safety Services Department for plan check. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT FCS-5 Entitlement fees 1. The $110.00 Fire Entitlement Fee is to be collected at Plan Check. Fee payment must be processed at the Building and Safety Services Department. The case tag will be removed from the parcel by the public service technician upon payment of fees. FSC-6 Fire District Site Access 1. Access Doorways: 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. 2. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with the RCFPD Standard. 3. Fire Lane Identification: 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 the Building and Safety Services Department for approval. 4. Roof access shall be provided when the building meets the criteria of the RCFPD Standard. 2 Project No. DRC2013-00034 Completion Date FSC-10 Occupancy and Hazard Control Permits Listed 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 may 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 FSC-12 Hazardous Materials -Submittal to Fire Construction Services 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 —/—/— The building construction must be substantially completed in accordance with Fire Construction Services'"Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: —/—/- 1. Access Control Gates: 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. Fire Access Roadways: 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 CC&R's,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 of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 3. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi- / / family 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. Hazardous Materials: 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. Confidential Business Occupancy Information: 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. 3 Project No. DRC2013-00034 Completion Date 6. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8'/d'x 11"or 11"x 17" site plan of the site in accordance with RCFPD Standards shall be revised by the applicant to reflect the actual 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 locking up in the Knox box. 4