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2008-02 RESOLUTION NO.08- 02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE APPROVING SITE AND ARCHITECTURAL REVIEW 08-03 AND CONDITIONAL USE PERMIT 08-03 AND ADOPTING A MITIGATED NEGATIVE DECLARATION TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY AT 22582 CITY CENTER COURT IN THE VILLAGE COMMERCIAL DISTRICT OF THE BARTON ROAD SPECIFIC PLAN WHEREAS, the applicant, Omnipoint Communications, Inc. dba T-Mobile USA, Inc., represented by Reliant Land Services,has applied for the approval of Site and Architectural Review (SA) 08-03, Conditional Use Permit(CUP)08-03 and Environmental (E) 08-02 to construct a 66-foot high wireless telecommunications facility disguised an operational fire hose hanging rack located at 22582 City Center Court(Assessor's Parcel Number 1178-011-12), within the Village Commercial district of the Barton Road Specific Plan; and WHEREAS, an environmental Initial Study was prepared pursuant to the California Environmental Quality Act(CEQA), which was circulated for public review from July 18, 2008 to August 6, 2008. The Initial Study determined that the project would not have a significant effect on the environment because mitigation measures have been incorporated into the project to reduce all potential impacts to insignificant levels with respect to Air Quality, and a Mitigated Negative Declaration was prepared. WHEREAS, on August 21, 2009, the Planning Commission conducted a duly noticed public hearing on Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. 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 because all potential environmental impacts have been mitigated to a level of non-significance through the incorporation of mitigation measures in the project approval. The Mitigated Negative Declaration and Mitigation Monitoring Plan, included herein as Exhibit 1 prepared in connection with the Project have been reviewed and considered and reflect the independent judgment of the Planning Commission, and are hereby adopted. 2. The Planning Commission finds as follows with respect Site and Architectural Review 08-03: a. The proposed 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) if the Municipal Code regulating wireless telecommunications facilities is to prevent unsightly cell towers within certain zones of the Barton Road Specific Plan. The use is consistent with the intent because the cell tower is disguised as an operation fire hose rack with all antenna panels located within the slim line design of the facility. The project complies with all other locational and design standards contained in Chapter 18.71. It is consistent with the General Plan goals,policies and objectives to protect scenic resources such as views of Blue Mountain because the tower has been designed as a slim line model and views of Blue Mountain will not be impacted; to promote opportunities for balanced growth because the tower will serve the community of Grand Terrace; and to ensure that public facilities are adequate to serve community needs because the fire hose rack will facilitate fire operations. 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. The cell tower is disguised as a fire hose hanging .` rack and will not obstruct views of Blue Mountain, nor interfere with privacy of adjacent properties._The tower is in scale with the surrounding area. C. The architectural design of structures, their materials and colors are visually harmonious with surrounding development, natural landforms, are functional for the proposed project and are consistent with the Grand Terrace Municipal Code. The fire hose rack design of the cell tower is functionally for the proposed project and consistent with the Grand Terrace Municipal Code. C. The plan for landscaping and open spaces provides 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 because 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 an operational fire station. 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 Page 2 of 6 associated with and are consistent with the Grand Terrace Municipal Code. This is a wireless communications project which will not require any special sign permits. g. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace have been applied to the project. 3. The Planning Commission finds as follows with respect Conditional Use Permit 08-03: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city because the cell tower will be built in accordance with the building codes, meets all applicable setbacks, and will benefit the community by facilitating the operation of the local fire station. b. The proposed use will not be injurious to property or improvements in the neighborhood or within the city because the telecommunications structure will be built in accordance with the building codes, meets all applicable setbacks, and will benefit the community by facilitating the operation of the local fire station. The cell tower will in no way preclude or constrain the use of or development of surrounding properties. C. The proposed use will be consistent with the latest adopted General Plan because It is consistent with the General Plan goals, policies and objectives to protect scenic resources such as views of Blue Mountain because the tower has been designed as a slim line model and will not obstruct views of Blue Mountain will not be impacted; to promote opportunities for balanced growth; and to ensure that public facilities are adequate to serve community needs because the fire hose rack will facilitate fire operations. d. Conditions necessary to secure the purposes of this chapter are made a part of the conditional use permit. BE IT FURTHER RESOLVED that SA 08-03, CUP 08-03, and E 08-02 are hereby approved subject to the following conditions: 1. This approval is granted based on the application materials submitted by Omnipoint Communications, Inc. dba T-Mobile USA, Inc., prepared by Reliant Land Services on May 30, 2008, including the site plan, floor plan, elevations and photo simulations dated July 7, 2008. 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. 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 i approval have been met, or a time extension has been granted by the City. Page 3 of 6 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. 4. This approval shall not be valid until and unless the applicant enters into a fully executed Site Lease with the City of Grand Terrace. 5. 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. 6. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, and elevations. - 7. 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. 8. Any exterior lighting shall be shielded downward and directed so as not to shine directly upon adjoining property or the public-right-of way. 9. All existing landscaping and trees shall be protected in place. 10. 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 June 22, 2008. 11. The applicant shall comply with all requirements of the City of Grand Terrace Director of Building and Safety/Public Works, including the conditions of approval contained in the Director's memorandum dated June 12, 2008. 12. The applicant shall comply with the Mitigation Monitoring Plan prepared for the project. Page 4 of 6 PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 21S`day of August, 2008. AYES: CHAIR WILSON, VICE CHAIR ADDINGTON, COMMISSIONER COMSTOCK COMMISSIONER PHELPS NOES: COMMISSIONER MCNABOE ABSENT: NONE ABSTAIN: NONE A ATTEST: Brenda Mesa Doug Wilson City Clerk Chairman, Planning Commission i Page 5 of 6 Exhibit 1 t Mitigation Monitoring Plan CUP 08-03 and SA 08-03 Mitigation Timing Responsible Method of Sanction for Signature Measure Party Verification Non- Compliance Air Quality. AQ-1: Onsite During Building Inspection Issuance of stockpiles of construction and Safety during stop-work debris and dirt activities Official construction order shall be covered. Page 6 of 6