2011-01 r .
RESOLUTION NO. 11- 01
RESOLUTION OF THE PLAN CONDITIONAL USE THE PERMITTY OF
10-05,
GRAND TERRACE APPROVING
SITE AND ARCHITECTURAL REVIEW 10-07, VARIANCE 10-01 AND
ADOPTING A NEGATIVE DECLARATION TO CONSTRUCT A
TELECOMMUNICATION 2 FACILITY
SINGLE"FAMILY RESIDENTIAL ORIOLE
ONE
AVENUE IN THE R
(ASSESSOR'S PARCEL NUMBER 1178-211-12)
WHEREAS, the applicant, Royal Street Communications California, Inc. dba MetroPCS,
represented by John Beke, has applied for the approval of Conditional Use Permit (CUP)
10-05, Site and Architectural Review (SA) 10-07, Variance (V) 10-01 and Environmental
(E) 10-02 to construct a 35-foot high telecommunications facility disguised as a bell tower
located at 12745 Oriole Avenue (Assessor's Parcel Number 1178-211-12), within the
Single Family Residential (R1-7.2) zoning district; and
WHEREAS, an environmental Initial
Study
ant to the eview from February
rnia
Environmental Quality Act (CEQA), h ch was circulated for pub
7, 2011 to February 27, 2011. The Initial Study determined that the Project would- not
have a significant effect on the environment, and a Negative Declaration was prepared.
r WHEREAS, on March 17, 2011, 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.
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 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 Variance 10-01:
a. A special circumstance regarding the topography and surroundings of the
subject property exists. The unique topography of the subject parcel, which
includes an approximate 16 foot elevation increase from west to east, allows
for the applicant to meet the coverage objective at a minimal antenna
height. The zoning of the surrounding area also creates a special
circumstance in that the surrounding area is zoned for residential uses
which prohibi�s the installation of wireless telecommunication facilities.
b. The strict application of the zoning ordinance deprives the subject property
of privileges enjoyed by other properties due to the unique topography of
the parcel. The parcel is 3.5 acres in size and could support two wireless
telecommunications facilities at least 800 feet'apart; however, the high
ground of thE, parcel is only on the eastern portion of the parcel. If the
applicant were to propose the wireless telecommunications facility in
another Iocati:)n on this parcel, the antenna would have to be much taller in
order to meet the same coverage objective.
C. The granting of the variance will not constitute the granting of special
privileges inconsistent with the limitations upon other properties in the
vicinity and district. All residentially zoned parcels have the same limitations
on uses as tree subject parcel. Wireless telecommunication facilities are
prohibited in all residentially zoned properties, except when wireless
communication facilities are associated with nonresidential uses permitted
in a residential zone, such as parks, church towers, schools, and light
standards (18 71.070 A, GTMC).
d. The granting of the variance will not authorize a use which is not otherwise
expressly authorized by the district governing the parcel. The use is
authorized by Chapter 18.71 (Wireless Telecommunication Facilities) of the ,
Zoning Code.
e. The granting cf the variance will not result in a situation inconsistent with the
General Plan. The proposed use and location are consistent with the goals
and policies 0 the General Plan according to Policy 7.8.2, of the Public
Services and facilities Element.
f. Conditions necessary to secure the above findings are made a part of the
approval of thE variance.
3. The Planning Commission finds as follows with respect Conditional Use Permit 10-
05:
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
Project will b built in accordance with the building codes, meets all
applicable setIcks, 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
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r-, 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.
4. The Planning Commission finds as follows with respect to Site and Architectural
Review 10-07:
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 R1-7.2 — Single Family Residential, which
allows the proposed use per Section 18.71.070 A, of the Zoning code. The
use is consistent with the intent because the cell tower is disguised as a bell
r tower with all antenna panels completely enclosed. The Project meets
applicable development standards relating to height, setbacks and
separation requirements, in accordance with Variance 10-01. 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 and 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. The
Project is disguised as a bell tower and will not obstruct views of Blue
Mountain, nor interfere with privacy of adjacent properties. The Project is in
scale with the surrounding 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 bell tower fagade is designed to match the existing
building and the existing telecommunication tower located at the same
building. The bell tower fagade is functional for the proposed Project and is
consistent with the Grand Terrace Municipal Code.
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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 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 eauty 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 wii;h the scale and character of the building to which they are
attached or c-therwise 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 Grand Terrace have been applied to the Project.
BE IT FURTHER RESOLVED that CUP 10-05, SA 10-07, V 10-01 and E 10-02 are
hereby approved subject to the following conditions:
1. This approval is gre nted based on the application materials submitted by Royal
Street Communications California dba MetroPCS, on November 15, 2010,
including the site plan, floor plan, elevations, propagation maps and photo
simulations. All pins shall be consistent in terms of property lines, easement
location and dimens ons 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 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 proceedin 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
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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 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 of 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. Any exterior lighting shall be shielded downward and directed so as not to shine
directly upon adjoining property or the public-right-of way.
8. All existing landscaping and trees shall be protected in place.
9. 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 December 9, 2010, attached
hereto as Exhibit 1.
10.' A letter outlining the terms of the lease with the property owner shall be submitted
to the City prior to issuance of a building permit for the facility. 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 void and the facility removed
within ninety days.
11. Certificate of continued use of the approved facility shall be submitted on a yearly
basis at the time of business renewal 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: -
12. If no annual certification is provided, the use permit for the facility_-may.be revoked
by the Community Development Director. Prior to revoking the permit,.the Director
shall provide the owners of record written notice of failure to provide the annual
certification and an opportunity for a hearing.
13. 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
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wireless equipment if such facility is found to be abandoned or the use permit is
revoked by the director.
14. Notice of change of ownership for the facility shall be provided to the City.
15. Within ninety (90) days of commencement of operation, applicant shall provide a
preliminary report aid/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 Enginees (IEEE) for safe human exposure to electromagnetic fields
(EMF) and radio frec uency radiation (RFR).
16. All changes and modifications to an approved facility shall require prior approval
by the City.
17. All graffiti and other iorms of vandalism shall be promptly removed and/or repaired
within twenty-four (24) hours.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 17th day of March, 2010.
AYES: 4 Chairman Wilson, Commissioner's Comstock, Kongtang. and' Addington
NOES:
ABSENT: U
ABSTAIN: 1 - Commissioner Bailes
ATTEST:
Brenda Mesa Doug Wilson
City Clerk Chairman, Planning Commission
Page 6 of 6
Exhibit 1
Building and Safety/Public Works Conditions of Approval
December 9, 2010
r
Building and Safety/Public Works Department Conditions of Approval
Date: December 9, 2010
Applicant: Joe Beke, Royal Street Communications
Address of Applicant: 350 Commerce, Suite 200, Irvine, CA 92602
Site Location: 12745 Oriole Street, Grand Terrace, CA
W.O.# 12-8.5475
Provide four(4) construction plans and information for review of the proposed project. Below is
a list of the plans and documents needed for plan review. The initial plan review usually will take
three weeks on most projects. You have received work order number 12-8.5475, for the
proposed project. This number will be needed to obtain information regarding your plan review.
A plan review fee and permit fee will be charged at the time plans are approved and are ready to
issue.
Provide the following sets of plans and documents.
Buildine and Safetv submittal's required at first plan review.
(4) Architectural Plans
(4) Structural Plans
(2) Structural Calculations
(4) Plot/Site Plans
(4) Electrical Plans
(4) Precise Grading Plan for proposed area.
(2) Erosion Control Plan
(2) Storm Water Pollution Prevention Plans
Buildine& Safety/Public Works General Information
All structures shall be designed in accordance with the 2010 California Building Code, 2010
California Mechanical Code, 2010 California Plumbing Code, 2010 California Electrical Code
and the 2010 California Green Building Standards Code adopted by the state of California.
Royal Street Communications is responsible for the coordination of the final occupancy. Royal
Street Communication shall obtain clearances from each City department and division prior to
requesting a final building inspection from Building & Safety. Each agency shall sign the
bottom of the Building & Safety Job Card.
��1
Building & Safety inspection requests can be made twenty four (24) hours in advance for next
day inspection. Please conta-.t (909) 825-3825. You may also request inspections at the
Building &Safety public count-,r.
Toilet facilities shall be provided for construction workers and such facilities shall be maintained
in a sanitary condition. Cons auction toilet facilities of the non sewer type shall conform to
ANSI ZA.3.
Public Works Conditions
1. All on site utilities shall be underground to the new proposed structure.
2. Street cut permits are required before work begins in the public right.of way.
Building Permit Conditions
1. Prior to issuance of permits, site grading and pad certifications shall be submitted to
Building & Safety. Prio-to concrete placement, submit a certification for the finish floor
elevation and set backs of the structure. The certification needs to reflect that the
structure is in conformance with the Precise Grading Plans. Compaction reports shall
accompany pad certifications.
2. Prior to issuance of Bui:ding Permits, provide a certificate from the Colton Joint Unified
School District stating that all school fees have been paid.
3. All construction projects shall comply with the Storm Water and National Pollutant
Discharge Elimination Systems (NPDES)requirements.
4. Prior to issuance of a building permit, provide clearance from the San Bernardino County
Fire Department. 909-336-8400.
t