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15-01 RESOLUTION NO. 15-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-04, CONDITIONAL USE PERMIT 14-03, AND EVIRONMENTAL 14-01 TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 22080 COMMERCE WAY (ASSESSOR'S PARCEL NUMBER 1167-141-03 AND -04) -- WHEREAS, the applicant, LA SMSA LP dba Verizon Wireless, has submitted Site and Architectural Review (SA) 14-04, Conditional Use Permit (CUP) 14-03, and Environmental (E) 14-01 to construct a 60-foot high telecommunications facility disguised as a palm tree located at 22080 Commerce Way(Assessor's Parcel Number 1167-141-03 and -04), within the C2-General Commercial Zone; and WHEREAS, an environmental Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA), which was circulated for public review from December 18, 2014 to January 6,,2015. The Initial Study determined that the Project would not have a significant effect on the environment, and a Mitigated Negative Declaration was prepared; and WHEREAS, on January 15, 2015, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313, and concluded the hearing on said date; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that based on the Initial Study, the public hearing, and substantial evidence in the record, the Project will not have a significant effect on the environment. The Mitigated Negative Declaration, prepared in connection with the Project, has been reviewed, considered and reflects the independent judgment of the Planning Commission, and is hereby adopted. 2. The Planning Commission finds as follows with respect to Site and Architectural Review 14-04: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan because the intent of Chapter 18.71 (Wireless Telecommunications Facilities) of the Municipal Code regulating wireless telecommunications facilities is to prevent unsightly telecommunications towers. The subject site is zoned C2 General Commercial, which allows the proposed use per Section 18.71.070.A, of the Zoning Code. The use is consistent with the RESOLUTION NO. 2015-01 PAGE 1 OF 11 JANUARY 15, 2015 intent because the cell tower is disguised as a palm tree. The Project meets applicable development standards relating to height, setbacks and separation requirements. The Project is consistent with the General Plan goals, policies and actions to provide adequate and updated utility services to the City's residents and businesses as stated in Policy 7.8.2 of the Public Services an'd Facilities Element. b. The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. C. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code. The monopalm cell tower is designed to match the existing palm tree in.the landscape median. The monopalm tower is functional for- the proposed Project and is consistent with the Grand Terrace Municipal Code. C. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. No new landscaping is proposed and, except for the removal of one palm tree to accommodate,the monopalm, existing landscaping will remain in place. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting and natural landforms are preserved because the site is fully developed with a church and classroom building. The construction of the Project will not result in any indiscriminate clearing of property or removal of existing vegetation. f. The design and location of all signs associated with this Project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code. This is a wireless telecommunications facility Project, which will not require any special sign permits. g. Conditions of approval for this Project necessary to secure the purposes of the City of Grand Terrace have been applied to the Project. 3. The Planning Commission finds as follows with respect to Conditional Use Permit (CUP) 14-03: RESOLUTION NO. 2015-01 PAGE 2 OF 11 JANUARY 15, 2015 a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons working within the neighborhood of the proposed amendment or within the City because the Project will be built in accordance with the building codes, meets all applicable setbacks, and will benefit the community by facilitating a stronger cellular signal within City limits. b. 'The proposed use will not be injurious to property or improvements in the neighborhood or within the City because the Project will be built in accordance with the building codes, meets all applicable setbacks, and will benefit the community by facilitating a stronger cellular signal within City limits. The Project will in no way preclude or constrain the use of or development of surrounding properties. C. The proposed is consistent with the General Plan because it is consistent with the goals, policies and actions to provide adequate and updated utility services to the City's residents and businesses, as stated in Policy 7.8.2 of the Public,Services and Facilities Element. d. Conditions necessary to secure the purposes of this chapter are made a part of the conditional use permit. BE IT FURTHER RESOLVED that Site and Architectural Review 14-04, Conditional Use Permit 14-03, and Environmental 14-01are hereby approved subject to the following conditions: 1. This approval is granted based on the application materials submitted by LA SMSA LP dba Verizon Wireless, on May 14, 2014, including the revised site plan and architectural elevations dated December 10, 2014, propagation maps and photo simulations. All plans shall be consistent in terms of property lines, easement location and dimensions and other measurements. Minor changes or clarifications may be approved by the Community Development Director. _ l 2. This approval shall expire twelve (12) months from the date.of adoption of this resolution unless the use which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim,-action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this Project, including but not limited to any approval or condition of approval of the Planning Commission, or Community Development Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning.the Project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. RESOLUTION NO. 2015-01 PAGE 3 OF 11 JANUARY 15, 2015 I 4. This-approval shall not be deemed effective until the "Acceptance of Conditions" for the Project has been signed by the applicant and returned to the City. 5. The Project shall be constructed in'accordance with all the approved plans and conditions 6f approval, including but not limited to site plans, grading plans, wall plans, and elevations. 6. Construction and operational activities associated with the Project"shall comply with the regulations of the City's Noise Ordinance, Chapter 8.108 of the Grand Terrace Municipal Code. 7.- The applicant shall comply with the requirements of the Grand ,Terrace Building and Safety/Public Works Divisions, including the conditions of approval contained in the memorandum dated May 23, 2014, attached hereto as Exhibit 1. 8. The applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the- conditions of approval contained in their letter dated March 19, 20,14, attached hereto as Exhibit 2. i 9. The applicant shall comply with the following mitigation measure: Prior to final inspection, the applicant shall obtain applicable clearances related to installation and operation of the diesel generator, from the San Bernardino County Fire Department Hazardous Materials Division, which acts as the Certified Unified Program Agency (CUPA) Program. 10. Prior to issuance of a building permit, the applicant shall submit construction plans with a detail,of the equipment enclosure area demonstrating that all block walls are decorative, and that the metal gate is attached to post embedded in concrete. 11. Prior to issuance of a building permit, the applicant shall submit construction plans of the .proposed telecommunications tower disguised as a monopalm, including incorporation of bark on the "trunk" portion of the monopalm and pawn fronds. All antenna and equipment located within the simulated palm fronds shall be painted to blend with-the simulated pawn fronds. 12. Prior to issuance of a building permit, any and all exterior lighting'1shall be shown on the construction plans, are subject to review and approval by the Community Development Director and shall shielded downward and directed so as not to shine directly upon adjoining property or the public-right-of way. I 13. With the exception of the one palm tree proposed to be removed, all other existing landscaping and trees shall be protected in place. 14. The existing palm tree located in the same planter of the I proposed monopalm telecommunications facility shall be cleared of all dead fronds. RESOLUTION NO. 2015-01 PAGE 4 OF 11 JANUARY 15, 2015 15. Prior to final of the building permit, the applicant shall repair and replace, as needed, slats within the existing fencing along the north property line. 16. Prior to issuance of a building permit, the applicant shall submit a letter outlining the terms of the lease with the property owner. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the lease, the use permit for the facility shall become null and 1 void and the facility removed within ninety days. 17. On a yearly basis and at the time of business license renewal, the applicant shall provide a certificate of continued use of the approved facility for as long as the facility remains in operation. The certification shall indicate that the facility is operating as approved and that the facility complies with the most current Federal Communications Commission (FCC) -safety standards. Facilities which are no longer in operation shall be removed within ninety (90) days after the date of discontinuation. If no annual certification is provided, the use permit for the facility may be revoked by the Community Development Director ' 18. Prior to issuance of a building permit for the facility, applicant may be required to provide a deposit with the City for removal of the facility and any accessory wireless equipment if such facility is found to be abandoned or the use permit is revoked by the director. 19. Notice of any change of ownership for the facility shall be provided to the Community Development Director. 20. Within ninety (90) days of commencement of operation, applicant shall provide a preliminary report and/or field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation(RFR). 21. All changes and modifications to an approved facility shall require prior approval by the City. 22. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the telecommunications facility including, clearing of trash, weeds and debris, lighting, and other site improvements relating to the facility. 23. All graffiti and other forms of vandalism shall be promptly removed and/or repaired within forty-eight(48)hours of notification. RESOLUTION NO. 2015-01 PAGE 5 OF 11 JANUARY 15, 2015 PASSED AND ADOPTED by the Planning Commission of the City-of Grand Terrace, California, at a regular meeting held on the 15th day of January, 2015. AYES: Commissioners Stephens, Cesena, Giroux, Chairman Comstock NOES: None ABSENT: Commissioner Allen ABSTAIN: None ATTEST: �L Jes ca Lambarena om omstock Secretary Chairman RESOLUTION NO. 2015-01 PAGE 6 OF 11 JANUARY 15, 2015 EXHIBIT 1 BUILDING AND SAFETY CONDITIONS OF APPROVAL 1 Date: May 23,2014 Applicant: . LA SMSA LP dba Verison Wireless Address of Applicant: 830 Maple Place, Suite 110,Rancho Cucamonga, CA 91730 Site-Location: 2208.0 Commerce Way-, Grand Terrace,'CA APN: 1167-141=03 Provide four (4) sets of construction plans-and documentation for plan review of the proposed project. Below you will find•a list of the plans and.documents Building and Safety will need for plan review. The initial plan review will take approximately two weeks on most projects. Provide the following sets of plans and documents. Buildinz and Safety submittal's required-at Frst Plan review. (4) Architectural Plans (4) Struciural Plans (2) Structural Calculations (4) Plot/Site Plans (4) Electrical Plans ; (2) Stormwater Pollution Prevention.Plan Building&Safety General Information All structures shall be designed in accordance with the 2613 California Building Code, 2013 California Electrical Code, adopte&by the State of California and the City of Grand Terrace. The Developer/Owner is responsible for the coordination of the final for the Monopine permit. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final. Each agency shall sign the bottom of the Building&& Safety Job.Card. Building &-Safety inspection requests can be made twenty four (24).hours in advance for next day inspection. Please contact :(909) 864-2136. You may also request inspections at. the Building& Safety public.counter. All construction sites must be protected by a security fence and screening. The .fencing.and screening shall be maintained at all times to protect pedestrians. RESOLUTION NO. 2015-01 PAGE 7 OF 11 JANUARY 15,.2015 Temporary toilet facilities shall be provided for construction workers. The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform to ANSI ZA.3. Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by Building & Safety and the Planning Department. (A) Installation of a construction trailer, or, (B) Security fenced area where the electrical power will be located. ; Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street right of way. 0 Building&Safety Conditions Prior to the issuance of a building permit, the applicant shall pay all Development Improvement Fee's to the City; this also includes school fees and outside agency fees such as sewer water and utilities. Copies of receipts shall be provided to Building& Safety prior to permit issuance. All on site utilities shall be underground to the new proposed structure unless prior approval has been obtained by the utility company or the City. Prior to issuance of Building Permits, on site water service'shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. Prior to issuance of building permit, the applicant shall provide Building & Safety with an approved Fire Department plans. The 200 amp meter pedestal proposed for the Monopine shall be located on-site and not in the public right-of-way. i a RESOLUTION NO. 2015-01 PAGE 8 OF 11 JANUARY 15, 2015 EXHIBIT 2 INTEROFFICE MEMO DATE 03-19-2014 FROM Jeff Stinson, County Fire Phone' (909) 386-8400. Public Safety TO Sandra Molina,Interim Community Phone (909) 824-6621 Development Director . SUBJECT PERMIT NO# 14-03 Review FOR CONDITIONAL USE PERMIT TO INSTALL .A 60' MONOPINE UNMANNED WIRELESS . TELECOM JACILITY. EQUIPMENT TO BE LOCATED IN 800 SQUARE-FOOT STRUCTURE WITH A GENERATOR IN . A. . PROPOSED- J'. BLOCK . .WALL ENCLOSURE: LOCATION: 22080 COMMERCE WAY WITH GROCERY AND. TYPE 21 OFF SITE LIQUOUR SALES, AND GAS STATION ON 0.90-ACRE APN 1167- 14.1-03 ) Applicant's Name; la SMSA LP dba 'Verizon Wireless PROJECT CONDITIONS GENERAL'REQUHMMENTSLON-GOING ® Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein ("Fire. Department").. Prior- to any construction occurring on any parcel, the applicant shall contact the Fire Department for- verification of current fire protection requirements. All new construction shall comply with.the current Uniform Fire Code .requirements and all.applicable statutes, codes, ordinances: and standards of the Fire Department. [FO1] ® Construction permits, including Fire Condition Letters; shall automatically expire and become'invalid unless the work authorized by such_=permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after-the time the work is'commenced. Suspension or abandonment shall mean-that no inspection by the Department has occurred with 180 days of any previous inspection: After a construction permit or Fire Condition Letter, becomes invalid and before such previously approved work recommences, a new .permit shall be first obtained and the The to recommence work shall be one-half the:fee for the new permit for such work, provided no changes-have been made or will be made in the original.construction documents for such work, and provided further that such suspension or abandonment has.not exceeded one year. A request to extend the Fire Condition Letter or Permit-may be made in writing PRIOR TO the expiration date justifying the reason that the Fire Condition Letter should be extended. RESOLUTIONNO. 2015-01 PAGE 9 OF 11 JANUARY 15,.2015 i ITHE FOLLOWING.CONDITIONS SHALL BE MET PRIOR TO LAND DISTURBANCE-!'.!. N Fire Fee. The required fire fees are due at time of submittal; and paid to the San Bernardino County Fire Department/Community Safety Division. This fee is in addition to fire fees that are paid to other:City or County offices. [1740] CUP $739.00 N Primary Access Paved. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all weather surface and shall be installed as specified in the General Requirement`. conditions (Fire .# F=9), including width,. vertical clearance and turnouts, if required. [F89] N ABOVE GROUND STORAGE TANK PERMIT. Not less then three (3) complete sets of Building Plans shall be submitted to the Fire Department for review and approval'. [1742] $58.00 N Cell Site buildings. The applicant shall submit three (3) sets of building plans to the Fire Department for review and approval. When the proposed cell site equipment storage buildings include a fire suppression system, four (4) sets of plans shall be submitted'.for.approval. (Add to plan when applicable) This site is within the FS1, 2 or 3 Overlay District and all such buildings shall have afire suppression system. [F50] THKFOLLOWING CONDITIONS SHALL BE MET PRIOR TO,OCCUPANCYi N Commercial Addressing. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in:height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external)..Where the building is two hundred',(200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. Standard 901.4.4 [F82] N Additional Requirements. In addition to the Fire requirements stated herein, other. on- site and off- site improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. [1701A] N PSTS interference. Cell site installation and operation of the proposed system shall not cause harmful interference to the County's Public Safety Telecommunications System (PSTS). If it is determined that the system causes harmful interference with PSTS operations the cell tower operations shall cease immediately upon order of the Fire Chief or other County official.'[F51] N Combustible Vegetation. Combustible vegetation shall be removed as follows: " Where the average slope of the. site is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less." Where the average slope of the site is 15% or greater _ Combustible vegetation shall be . RESOLUTION NO. 2015-01 PAGE 10 OF 11 JANUARY 15,.2015 1 removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. County Ordinance#3586 [F52] ® Override Switch. Where an automatic electric security gate is used, an approved Fire Department override switch(Knox®) is required. Standard 902.4 [F86] ® Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. [F88] RESOLUTION NO. 2015-01 PAGE 11 OF 11 JANUARY 15, 2015