PC11-093Resolution PC 11-093
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT NO. 2011-048 FOR THE CELL TOWER
CO -LOCATION PROPOSED BY METRO PCS AT 25770 BUNDY CANYON ROAD,
EAST OF CARDINAL LANE, WEST OF MURRIETA ROAD, AND SOUTH OF
WALDON ROAD
Whereas, in April of 2011, the applicant, Metro PCS, filed a formal application
with the City of Menifee for Conditional Use Permit No. 2011-048 (the "Project") for the
placement of six (6) panel antennae and one (1) two -foot diameter dish antenna to an
existing cell tower. These application pertains to Assessor's Parcel Number (APN #)
362-060-013, which is ±2.19 acres in size; and
Whereas, on October 1, 2008, the City of Menifee incorporated and then
became the local government authority for the project area; and
Whereas, a duly noted notice of public hearing was posted at the County Clerk
on June 30, 2011, in addition, a notice was mailed to the surrounding property owners
within 800 feet; and,
Whereas, on July 12, 2011 the Planning Commission held a duly noticed public
hearing on the Project; and then continued the matter to the August 9, 2011 Planning
Commission hearing at the request of the Applicant; and,
Whereas, on August 9, 2011, the Planning Commission continued the item to the
September 27, 2011 Planning Commission meeting; and,
Whereas, the proposed co -location
property that has a residential zone and
forbidden by Ordinance No. 2009-67; and
is on an existing tower that is located on
is used for residential purposes, which is
Whereas, Metro PCS has demonstrated that the proposed co -location is the
least intrusive means to remedy any significant gap in coverage; and
Whereas, Metro PCS's proposed screening and landscaping meet the City's
goals of aesthetics by replacing the chain link fence with a decorative block wall, planting
four full sized palm trees and planting landscaping as depicted in the Re -Design dated
8/24/11; and
Whereas, it is the intent of Ordinance No. 2009-067 to encourage co -locations
on existing towers as opposed to encouraging the construction of new towers; and,
Whereas, the proposed flushing of the antennae to the lower legs of the tower is
a minor change and not an expansion of use; and
Whereas, the proposed screening and landscaping is the best possible way of
achieving the City's goals of aesthetics given the structural issues particular to this
tower; and
Whereas, at the September 27, 2011 Planning Commission public hearing, the
Commission found that:
The Findings set out above are true and correct.
Resolution No. 11-093
Public Use Permit No. 2011-48
2. The project site is designated Rural Community: Estate Density Residential (RC:
EDR) on the Sun City / Menifee Valley Area Plan.
3. The project, the placement of twelve (12) panel antennae and one (1) two -foot
diameter dish antenna to an existing disguised cell tower, is consistent with the
Highway 79 Policy Area because it is not a residential project.
4. The proposed use, the placement of twelve (12) panel antennae and one (1) two -
foot diameter dish antenna to an existing disguised cell tower are not specifically
listed in the A-1-2 '/ zone as an allowable use. However, Section 5.1.e. of
Ordinance No. 348 allows for projects not specifically listed to be considered a
permitted or conditionally permitted use. Since Ordinance No. 2009-067
encourages co -locations, the project is considered a conditionally permitted use.
5. The proposed use, the placement of twelve (12) panel antennae and one (1) two -
foot diameter dish antenna to an existing disguised cell tower is considered
consistent with the development standards set forth in the A-1-2 '/ zone, since
Ordinance No. 2009-067 encourages cell tower co -locations.
6. The public's health, safety, and general welfare are protected through the
proposed project design.
7. The proposed project is compatible with the present and future logical
development of the area.
8. This project is exempt from the California Environmental Quality Act per Section
15303, "Minor Modifications to Existing Structures".
9. This project is not located within a Criteria Area of the Multi -Species Habitat
Conservation Plan (MSHCP.)
10. The proposed re -design of the project with landscaping and a decorative block
wall meets the City's goals of aesthetics.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings set out above are true and correct.
2. The Notice of Exemption from CEQA for Conditional Use Permit No. 2011-054 is
approved and staff/developer is instructed to file the Notice of Exemption.
3. Conditional Use Permit No. 2011-054 for the Verizon Co -Location is approved
subject to the Conditions of Approval as set forth in Exhibit "V to this Resolution
and as approved by the Planning Commission on September 13, 2011.
PASSED, APPROVED AND ADOPTED this 27th day of September, 2011.
Resolution No. 11-093
Public Use Permit No. 2011-48
Chris Thomas, Chair an
Attest:
Ji er AI en, Planning Commission Secretary
ae
Approved as to Form:
Karen Feld, City Attorney
Conditions of Approval
General Conditions:
1. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Conditional Use Permit No. 2011-048 shall be
henceforth defined as follows:
APPROVED EXHIBIT A-R1 = Site Plan (sheets 1-5) for Conditional Use Permit
No. 2011-048, dated September 27, 2011.
2. Description. The use hereby permitted is the siting, placement, and use of eight
(8) antennas on six (6) panels, one (1) parabolic antenna, and one (1) GPS
antenna. The existing tower was originally permitted by the County of Riverside
per Building Permit Number BXX003256.
3. Hold Harmless. In the event of litigation arising or alleged to arise as a result of
the performance or non performance of these Conditions of Approval, the
prevailing party in such litigation shall be entitled to reasonable attorney's fees
and expenses, as set by the court. The developer/applicant shall indemnify,
protect, defend and hold harmless the City and County and any employee, agent
and contractor of such City and County from any and all claims, actions,
demands, liabilities and expenses (including court costs and attorneys' fees, as
set by the court) arising from any action by the City or County in approving
Conditional Use Permit No. 2011-048 or from any proceedings to attack, set
aside, void, annul, or seek monetary damages relating to these Conditions of
Approval. City and County shall consent to the choice of counsel which consent
shall not be unreasonably denied.
4. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At the
time the City incorporated it was required to accept all the laws and ordinances of
the County of Riverside. Over time the City will change these ordinances either
by name or content. The applicant or successor in interest of this project will be
subject to ordinances of the City of Menifee and not those of the County of
Riverside that the City has jurisdiction over. Therefore, any condition of approval
listed in this project that references a County of Riverside Ordinance, will in fact
be subject to the equivalent City ordinance or subsequent ordinance introduced
by the City. The applicant or their successor in interest by accepting these
conditions also agrees to accept the equivalent City ordinance or subsequent
ordinance introduced by the City.
5. Expiration. This approval shall be used within two (2) years of the approval date;
otherwise, it shall become null and void and of no effect whatsoever. By use is
meant the beginning of substantial construction contemplated by this approval
within two (2) year period which is thereafter diligently pursued to completion or
to the actual occupancy of existing buildings or land under the terms of the
authorized use. Prior to the expiration of the two year period, the permittee may
request a one (1) year extension of time in which to begin substantial
construction or use of this permit. Should the one year extension be obtained and
no substantial construction or use of this permit be initiated within three (3) years
of the approval date this permit, shall become null and void.
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6. Condition Compliance. WITHIN TWO (2) YEARS OF THE DATE OF
APPROVAL OF THIS PERMIT, the permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance with all
conditions of approval.
7. Interference. As allowed by law or regulation, if the operation of the facilities
authorized by this approved Conditional Use Permit generates electronic
interference with or otherwise impairs the operation of Riverside County or City of
Menifee communication facilities, the applicant shall consult with Riverside
County Information Technology staff and implement mitigation measures
acceptable to the Riverside County Department of Information Technology and
the City of Menifee.
Building and Safety Department Conditions
Prior to Buildinq Permits:
8. Plan Check. Submit three (3) complete sets of plan drawings to include
electrical and structural details and calculations for plan review approval.
9. Structural Calculations. Structural calculations shall be stamped and original
signed by an appropriately registered Professional Engineer.
Planning Department Conditions
General Conditions:
10. Comply with Ord. and Exhibit. The development of these premises shall
comply with the standards of Ordinance No. 348, (except when superseded by
Ordinance No. 2009-67), and all other applicable City of Menifee ordinances as
well as local, State and Federal laws and regulations.
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A-R1, unless otherwise amended by these conditions
of approval.
11. Review Fees. Any subsequent submittals required by these conditions of
approval, including but not limited to grading plan, building plan or mitigation
monitoring review, shall be reviewed on an hourly basis (research fee), or other
such review fee as may be in effect at the time of submittal, as required by
Ordinance Nos. 659 and 09-119. Each submittal shall be accompanied with a
letter clearly indicating which condition or conditions the submittal is intended to
comply with.
12. Outside Lighting. Any outside lighting shall be hooded and directed so as not
to shine directly upon adjoining property or public rights -of -way.
13. Ceased Operations. In the event the use hereby permitted ceases operation for
a period of ninety (90) days, this approval shall become null and void.
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14. Height. The additional antennas to be placed on the antenna shall not be placed
higher than a height of 95 feet on the existing tower.
15. Equipment Cabinet Shielding. The base of the facility and the equipment
cabinets may not be visible from the general public. The site plan shows a block
wall with landscaping surrounding the cell tower lease area.
Changes in the above listed colors shall be reviewed and approved by the
Planning Department prior to installation of the structures, or prior to repainting of
the structures.
16. Business License. Every person conducting a business within the City, as
defined in Ordinance No. 857, shall obtain a business license. For more
information regarding business registration, contact the City of Menifee.
17. Conform to Exhibits. The co -located antennas shall be constructed in
conformance with EXHIBIT A-R1 (all inclusive). The landscaping shall be
maintained and in good condition for the life of the permit.
18. Causes for Revocation. In the event the use hereby permitted under this permit,
a) is found to be in violation of the terms and conditions of this permit, b) is found
to have been obtained by fraud or perjured testimony, or c) is found to be
detrimental to the public health, safety or general welfare, or is a public nuisance,
this permit shall be subject to the revocation procedures.
Prior to Buildinq Permit Issuance Conditions:
19. Outdoor Lighting. Any proposed outdoor lighting must be shown on electrical
plans submitted to the Department of Building and Safety for plan check approval
and shall comply with the requirements of the Dark Sky Ordinance (Ord. 2009-
024 — Menifee Municipal Code Chapter 6.01) and the General Plan as adopted
by the City.
20. Processing Fees. Prior to issuance of building permits, the Planning Department
shall determine if the deposit based fees for Conditional Use Permit No. 2011-
048 are in a negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
21. Signage. Prior to the issuance of building permits, the applicant or their
successor -in -interest shall submit a copy of the sign that will be installed at the
facility. That sign is required to have the following information:
- Address of wireless communications facility and any internal site
identification number or code;
-Name(s) of company who operates the wireless communications facility;
-Full company address, including mailing address and Division name that
will address problems;
-Telephone number of wireless communications facility company.
- If a co -located facility (addition antennas and/or equipment shelters or
cabinets) are added to an existing facility, a additional sign, including the
above described information shall be installed on said shelter or cabinet
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stating the name of the company who operates the primary wireless
communications facility and the name of the company that operates the
co -located facility.
22. Lighting and Landscape Plans. The permit holder shall file seven (7) sets of a
Landscaping, Lighting, and Irrigation Plan to the City Planning Department for
review and approval. Said plan shall be submitted to the Department in the form
of a plot plan application pursuant to County Ordinance No. 348, Section
18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act
and not subject to review by any governmental agency other than the Planning
Department), along with the current fee. The plan shall be in compliance with
Section 18.12, Sections 19.300 through 19.304., and the CONDITIONAL USE
PERMIT conditions of approval. The plan shall show all common open space
areas. The plan shall address all areas and conditions of the tract requiring
landscaping and irrigation to be installed including, but not limited to, (slope
planting, common area and/or park landscaping, and individual front yard
landscaping). Emphasis shall be placed on using plant species that are drought
tolerant and which have low water usage.
All parking lot lighting shall be shielded downward, and comply with City
Ordinance No. 2009-24 ("Dark Sky Ordinance").
Landscaping, Lighting and Irrigation Plot Plans shall be prepared consistent with
Ordinance No. 859 (as adopted and any amendments thereto), the Riverside
County Guide to California Landscaping, and Ordinance No. 348, Section 18.12.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering Department only. Slope Landscaping plans for
slopes exceeding 3 feet in height shall be submitted to the Building & Safety
Department.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the conditions of approval. However, minor plot plan
conditions of approval shall be cleared individually.
23. Walls. A wall plan shall be submitted showing all wall and fence locations and
typical views of all types of fences or walls proposed. This plan shall require anti -
graffiti coatings on the walls. The wall plan may be submitted in conjunction with
the Landscaping Plan.
Prior to Building Final Inspection Conditions:
24. Final Planning Inspection. The applicant shall obtain final building permit sign -
off from the Planning Department for each building permit issued by scheduling a
final Planning inspection prior to the final sign -off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been met
and that the development complies with the approved set of building permit
plans. The applicant shall have all required paving, parking, walls, site lighting,
landscaping and automatic irrigation installed and in good condition.
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25. Processing Fees. Prior to issuance of building permits, the Planning Department
shall determine if the deposit based fees for Conditional Use Permit No. 2011-
048 are in a negative balance. If so, any outstanding fees shall be paid by the
applicant/developer.
26. Utilities. All utilities, except electrical lines rated 67 kV or greater, shall be
installed underground. If the permittee provides to the Department of Building
and Safety and the Planning Department a definitive statement from the utility
provider refusing to allow underground installation of the utilities they provide,
this condition shall be null and void with respect to that utility.
27. Signage. Prior to final inspection of any building permit, the applicant, developer
or successor -in -interest shall install a sign no smaller than 12 inches by 12
inches upon an exterior wall or fence that surrounds the lease area that provides
the following contact information:
-Address of wireless communications facility and any internal site
identification number or code;
-Name(s) of company who operates the wireless communications facility;
-Full company address, including mailing address and Division name that
will address problems;
-Telephone number of wireless communications facility company.
If a co -located facility (addition antennas and/or equipment shelters or
cabinets) are added to an existing facility, a additional sign, including the
above described information shall be installed on said shelter or cabinet
stating the name of the company who operates the primary wireless
communications facility and the name of the company that operates the
co -located facility.
ON