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05-28-2019 CC Rpt 18Date: 05-28-2019 Item No.: 18 192/252 193/252 PLANNING COMMISSION AGENDA STAFF REPORT Meeting Date: May 21, 2019 Public Hearing:  Discussion Item:  Consent Item:  May 14, 2019 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: EXTENSION OF TIME NO. 19EXT01 FOR CONDITIONAL USE PERMIT NO. 14CUP02 TO ALLOW THE INSTALLATION OF A VERIZON WIRELESS TELECOMMUNICATION FACILITY (MONOPINE) WITHIN THE SOUTHERN CALIFORNIA EDISON SUBSTATION LOCATED ON THE SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE. EXECUTIVE SUMMARY Spectrum Services, Inc., the representative for Verizon Wireless, is requesting approval for a one (1) year extension of time for 14CUP02, which was originally approved by the Planning Commission on June 7, 2016. Conditional Use Permit No. 14CUP02 is to allow the installation of a new wireless telecommunication facility on the southwest corner of English Road and Peyton Drive (Exhibit C). The proposed wireless facility proposes to improve Verizon Wireless’ personal communication services (PCS) and wireless telecommunications network in the surrounding area. The project consists of the installation of a 50 foot tall wireless telecommunication facility (monopine). The wireless telecommunication facility would occupy a 463 square foot lease area within an existing Southern California Edison (SCE) substation. The wireless facility would be enclosed by a 6 foot high chain link fence with a 4 foot wide gate. The chain link fence is required by SCE for safety reasons; they want to maintain line -of-site throughout the substation. In order to improve the aesthetics of the corner of English Road and Peyton Drive, the applicant (Verizon) is conditioned to install landscaping (flowers, shrubs and trees) within the dirt path (SCE land) adjacent to the SCE chain link fence facing Peyton Drive and English Road (Exhibit C). As per Condition of Approval No. 24 (Exhibit B), SCE is required to grant a landscape maintenance easement to the City. For the past several months, City staff has been working through difficult negotiations with Verizon and SCE to execute the landscape maintenance easement agreement between SCE, Verizon, and the City of Chino Hills, for the purpose of the City maintaining the new landscaping that will be installed by the applicant (Verizon) along the frontage of the SCE substation facing Peyton Drive. The applicant has requested a time extension to process the landscape maintenance easement which will require approval by Verizon, SCE and City Council. A final proposed version of the landscape agreement is anticipated to go to City Council within the next few months. 194/252 Meeting Date: May 21, 2019 Page: 2 SUBJECT: EXTENSION OF TIME 19EXT01 FOR CONDITIONAL USE PERMIT 14CUP02 FOR VERIZON WIRELESS FACILITY AT SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE. The recommendation of approval for the time extension is based upon a review of the applicant’s circumstances and the Original Conditions of Approval (Exhibit B) implemented with the approval of 14CUP02. RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution approving Extension of Time No. 19EXT01 based on the findings of fact as listed in the attached Resolution and subject to the Conditions of Approval (Exhibit A). PROJECT: CASE NO.: Extension of Time 19EXT01 for Conditional Use Permit No. 14CUP02 APPLICANT: Verizon Wireless 15505 Sand Canyon Avenue Building D, 1st Floor Irvine, CA 92618 APPLICANT REP: Spectrum Services, Inc. 4405 E. Airport Drive, Suite100 Ontario, CA 91761 LOCATION: Southwest corner of English Road and Peyton Drive (SCE Substation) SITE DESCRIPTION Project Area: 2.15 acre Existing Land Use: Southern California Edison Substation (SCE) General Plan: Institutional/Public Facility Zoning: Institutional Public (I-2) Overlay District: Not Applicable Sewer Service: Not Applicable Water Service: City of Chino Hills 195/252 Meeting Date: May 21, 2019 Page: 3 SUBJECT: EXTENSION OF TIME 19EXT01 FOR CONDITIONAL USE PERMIT 14CUP02 FOR VERIZON WIRELESS FACILITY AT SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE. SURROUNDING LAND DESCRIPTION BACKGROUND On February 3, 2014, Verizon Wireless submitted an application for a Conditional Use Permit to propose a free standing wireless telecommunication facility (monopine) located at the southwest corner of English Road and Peyton Drive. On December 9, 2014, the applicant requested a 6 month time extension of time on their application. Following the extension of time, staff worked with the applicant to revise the project plans to include parking for their maintenance vehicle and to enhance the bare dirt area abutting the SCE substation fence that faces Peyton Drive and English Road. On June 7, 2016, the Planning Commission held a public hearing, and reviewed and approved the Conditional Use Permit for the wireless facility, subject to the attached Original Conditions of Approval (Exhibit B). Condition of Approval No. 1 for 14CUP02 provides that the Conditional Use Permit shall become null and void unless the commencement of substantial construction activity or any activity authorized by the approval has taken place within thirty-six (36) months after its approval, or June 7, 2019. The Condition also provided for one extension of time for a period not to exceed one (1) year, provided an application requesting the extension is filed with the Planning Division no less than 30 days prior to the expiration of the Permit . The applicant filed an extension of time request in order to continue to coordinate with SCE and the City to finalize the landscape maintenance agreement. LOCATION EXISTING LAND USE GENERAL PLAN LAND USE ZONING Site Southern California Edison (SCE) Substation Institutional/Public Facility Institutional Public (I-2) North Single Family Residence with an equestrian arena Low Density Residential Rural Residential (R-R) South Single Family with Residence accessory structures Low Density Residential Rural Residential (R-R) East St. Paul the Apostle Church Institutional/Public Facility Institutional Private (I-1) West Single Family Residence Low Density Residential Rural Residential (R-R) 196/252 Meeting Date: May 21, 2019 Page: 4 SUBJECT: EXTENSION OF TIME 19EXT01 FOR CONDITIONAL USE PERMIT 14CUP02 FOR VERIZON WIRELESS FACILITY AT SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE. Vicinity Map General Plan and Zoning Consistency The project site is identified as Institutional/Public Facility on the General Plan Land Use Map and is zoned Institutional-Public (I-2). Pursuant to Section 16.44.060(A), each major facility that is not specifically exempt under Section 16.44.030 must first obtain Planning Commission approval of a Conditional Use Permit, therefore the wireless facility would be consistent with the Development Code, a tool used to implement the General Plan. Approval of the proposed project furthers Goal LU-2: Balance Residential with Commercial, Business, and Public Land Uses, and Goal S-3: Achieve Adequate Emergency Service. In providing Verizon Wireless the opportunity to better serve their customers in Chino Hills, the City furthers its goals of balancing land uses and providing emergency service. Therefore, the approval of extension of time for Conditional Use Permit No. 14CUP02, subject to the attached Conditions of Approval (Exhibit A), would be consistent with the General Plan. DEVELOPMENT STANDARDS Wireless Facility Setbacks Institutional–Public (I-2) zone requires a 25’ front setback for structures and 15’ for parking, 15’ street side setback and 10’ interior s ide and 15’ rear setback. Additionally, Project Site North 197/252 Meeting Date: May 21, 2019 Page: 5 SUBJECT: EXTENSION OF TIME 19EXT01 FOR CONDITIONAL USE PERMIT 14CUP02 FOR VERIZON WIRELESS FACILITY AT SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE. pursuant to Section 16.44.060 of the Development Code, major wireless communication facilities are required to be a minimum of 200’ from any residential property. The proposed wireless facility (monopine and equipment cabinets) would be setback 40’ from the front property line (Peyton Drive), 46’ from the street side yard (English Road), 210’ from the rear property line and 310’ from the side yard property line adjacent to existing residential development. The proposed wireless facility (monopine) meets the required setbacks. Landscaping and Irrigation In order to enhance the aesthetics of this prominent street corner (English Road and Peyton Drive), the applicant has agreed to landscape 1,634 square feet that currently consists of dirt area with limited vegetation adjacent to the SCE substation fence. The City’s Public Works department has reviewed and approved the proposed landscaped area located along the exterior of the SCE substation chain link fence area. The project is conditioned that, prior to issuance of building permits, SCE shall grant a maintenance easement to the City for the purpose of maintaining the 1,634 square feet of landscaped area (Condition of Approval No. 24). FISCAL IMPACT There will be minimal fiscal impacts to the City associated with the proposed time extension. PUBLIC COMMENTS A notice of the public hearing regarding this extension of time was mailed to the property owners within the 300-foot radius of the project site on May 9, 2019, and was also published in the Chino Hills Champion on May 11, 2019. Staff has not received any comments as of the writing of this staff report. ENVIRONMENTAL ASSESSMENT: Staff determined that the project is exempt from CEQA review pursuant to Sections 15061 (b)(3) and 15303 (d) of the CEQA Guidelines. Conditional Use Permit No. 14CUP02 is to allow the installation of wireless facility within the existing SCE Substation property. As the current application requests an extension of time for the project as it was approved, there is no potential for the application to cause a significant effect on the environment. Therefore, the proposed extension of time is exempt from CEQA pursuant to Section 15061(b)(3) Review for Exemption of the CEQA Guidelines. 198/252 Meeting Date: May 21, 2019 Page: 6 SUBJECT: EXTENSION OF TIME 19EXT01 FOR CONDITIONAL USE PERMIT 14CUP02 FOR VERIZON WIRELESS FACILITY AT SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE. Respectfully submitted, Prepared by: __________________________ __________________________ Joann Lombardo Kim Zuppiger Community Development Director Contract Planner Attachments: Resolution Exhibit “A” – Conditions of Approval Exhibit “B” – Original Conditions of Approval for 14CUP02 Exhibit “C” – Project Plans Affidavit of Mailing (Public Hearing Notice & Mailing Labels) 199/252 1 OF 4 RESOLUTION NO. PC 2019 – __ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS APPROVING EXTENSION OF TIME 19EXT01 FOR CONDITIONAL USE PERMIT NO. 14CUP02 TO ALLOW THE INSTALLATION OF A VERIZON WIRELESS TELECOMMUNICATION FACILITY ON THE SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE AND FINDING THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A The applicant, Spectrum Services Inc., the representative for Verizon Wireless, requested approval for a one (1) year extension of time for Conditional Use Permit No. 14CUP02 which was originally approved by the Planning Commission on June 7, 2016 subject to an original expiration date of June 7, 2019. The approved Conditional Use Permit No. 14CUP02 would allow the construction and operation of a wireless telecommunication facility (50 foot tall monopine and equipment) that will occupy a 463 square feet lease area within the existing Southern California Edison (SCE) substation site. B. The project site is located on the southwest corner of English Road and Peyton Drive. It is legally described as Assessor’s Parcel Number (APN) 1024-022-13, as shown in the latest records of the Office of the Tax Assessor of the County of San Bernardino. C. The project site has a General Plan designation of Institutional/Public Facility and is zoned Institutional-Public (I-2). D. The City of Chino Hills (City) reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) and determined that the project is exempt from CEQA review pursuant to Sections 15061 (b)(3) and 15303 (d) of the CEQA Guidelines. Conditional Use Permit No. 14CUP02 is to allow the installation of wireless facility within the existing SCE substation property. As the current application requests an extension of time for the project as it was approved, there is no potential for the application to cause a significant effect on the environment. 200/252 2 OF 4 Therefore, the proposed extension of time is exempt from CEQA pursuant to Section 15061(b)(3) Review for Exemption of the CEQA Guidelines. E.Conditional Use Permit No. 14CUP02 as approved by the Planning Commission of the City of Chino Hills at a duly noticed public hearing on June 7, 2016. F.The applicant submitted the one year time extension request on May 6, 2019, prior to the expiration of 14CUP02. G.The Planning Commission of the City of Chino Hills held a duly noticed public hearing on May 21, 2019, to review and consider the staff report prepared for the project, receive public testimony, and review all correspondence received on the project. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission does hereby make the following findings on the extension of Conditional Use Permit No. 14CUP02 pursuant to Sections 16.68.050 of the Development Code, as follows: A.FINDING: That an application requesting the extension is filed with the Planning Division no less than 30 days prior to the expiration of the Permit. FACT: The applicant filed the application requesting the extension with the Planning Division on May 6, 2019, more than thirty days before the June 7, 2019 expiration date. B.FINDING:That good cause exists to grant the extension. FACT:In order to improve the aesthetics of the corner of English Road and Peyton Drive, the applicant is conditioned to install landscaping (flowers, shrubs and trees) within the dirt path (SCE land) adjacent to the SCE chain link fence facing Peyton Drive and English Road (Exhibit C). Pursuant to Original Condition of Approval No. 24 (Exhibit B), SCE is required to grant a landscape maintenance easement to the City. For the past several months, City staff has been working through difficult negotiations with Verizon and SCE to execute the landscape maintenance easement agreement between SCE, Verizon, and the City of Chino Hills, for the purpose of the City maintaining the new landscaping that will be installed by the Verizon along the frontage of the SCE substation facing Peyton Drive. A draft landscape maintenance easement has been prepared and is anticipated to be presented to City 201/252 3 OF 4 Council within the next few months for its consideration. Therefore, good cause exists to extend Conditional Use Permit No. 14CUP02 another year. SECTION 3. The Planning Commission of the City of Chino Hills does hereby approve Extension of Time 19EXT01 for Conditional Use Permit No. 14CUP02, based on the findings included within this resolution and subject to the Conditions of Approval incorporated herein by reference. SECTION 4. The Planning Commission Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 21st day of May 2019. ___________________________ SHERAN VOIGT, CHAIR ATTEST: __________________________________ EMILY ORTIZ PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: ____________________________________ ELIZABETH M. CALCIANO ASSISTANT CITY ATTORNEY 202/252 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, EMILY ORTIZ, Planning Commission Secretary of the City of Chino Hills, do hereby certify that the foregoing Resolution No. PC 20 19-__ was duly passed and adopted at a regular meeting of the Chino Hills Planning Commission held on the 21st day of May 2019, by the following roll call vote, to wit: AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: EMILY ORTIZ PLANNING COMMISSION SECRETARY 203/252 City of Chino Hills 1 of 1 May 21, 2019 Exhibit “A” CITY OF CHINO HILLS Conditions of Approval Extension of Time 19EXT01 Verizon - Wireless Communications Facility SCE Substation (southwest corner of English Road and Peyton Drive) ONGOING/INFORMATIONAL: Community Development Department 1. This Conditional Use Permit No. 14CUP02 shall become null and void: A. Unless the commencement of substantial construction activity or any activity authorized by the approval has taken place within twelve months (12) months after the approval of said Extension of Time 19EXT01 for Conditional Use Permit No. 14CUP02. 2. All conditions of the Original Conditions of Approval for Conditional Use Permit No. 14CUP02 with the exception of Condition No.1 shall remain in effect (Exhibit “B”). END OF SEQUENTIAL CONDITIONS Project Manager: Kim Zuppiger 204/252 City of Chino Hills 1 of 4 June 7, 2016 Exhibit “B” CITY OF CHINO HILLS Conditions of Approval Conditional Use Permit 14CUP02 Verizon - Wireless Communications Facility SCE Substation (southwest corner of English Road and Peyton Drive) ONGOING/INFORMATIONAL: Community Development Department 1.This Conditional Use Permit (CUP) shall become null and void if all conditions of approval have not been complied with and the Permit is not used within three (3) years of the date of approval. The Planning Commission may grant one extension of time for a period not to exceed one (1) year, provided an application requesting the extension is filed with the Planning Division no less than 30 days prior to the expiration of the Permit. “Used” as referred to in this Condition means the commencement of substantial construction activity or any activity authorized by the approval. If an extension of time is not granted, the CUP shall expire and a new application shall be required. 2.The applicant or its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively “Claims”) arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project, or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et seq., for the project. If the City Attorney is required to enforce any conditions of approval, the applicant shall pay for all costs, including attorney’s fees. 3.The applicant and project shall comply with requirements of all Federal, State, County, and local agencies as are applicable to this project. 4.The project shall be insubstantial conformance with all of the Conditions of Approval and the project plans labeled as Exhibit “B”. No modification to the site plan, design plan, landscape plan or the Conditions of Approval shall be permitted without the approval of the Community Development Director or his/her designee. 5.All telecommunication equipment and other components of the wireless communications facility shall not bear any signs or advertising devices other than certification, warning, or other required seal or required signage. 6.The antennas, radome, equipment, and any other components of the wireless communications facility (monopine) shall be painted to blend in with the surrounding materials and colors of the existing pine trees, as approved by the City. Wireless communications facility equipment and components shall not be visible from the exterior of the facility. 205/252 Conditional Use Permit 14CUP02 Verizon Wireless Communications Facility (Monopine) Conditions of Approval City of Chino Hills 2 of 4 June 7, 2016 7.The wireless communications facility shall be maintained to provide a high-quality appearance, consistent with the approved design and these Conditions of Approval, at all times. 8.The exterior of all wireless communications facilities shall be comprised of non-reflective material(s), as approved by the City. 9.Any amounts of flammable or combustible liquids or any hazardous materials stored or used on the site must be reviewed and approved by the Chino Valley Fire District. 10.No portion or extension of any telecommunication facility, including without limitation any guy wires, shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted. 11.No communication facility shall be located in a required parking area, vehicle maneuvering area, or pedestrian circulation area in such a manner that it interferes with, or in any way impairs, the utility of intended function of such area. 12.No wireless communications facility or accessory equipment installed or operated as part of the wireless communications facility shall interfere with any City emergency transmission, signal, or form of communication. 13.If the project (Conditional Use Permit 14CUP02) is ever discontinued, abandoned, or no longer in operation, the owner and/or operator of the facility shall remove the wireless communications facility and return the project site to its original condition pursuant to Section 16.44.130 Facility Removal of the Chino Hills Development Code. 14.The permissible construction hours and operations for the project shall be as follows: Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday, and shall be prohibited on Sundays and City listed Federal holidays in order to minimize disruption to existing residential neighborhoods. Construction activities entirely within the existing building that do not cause significant noise, vibration, or other impact at the exterior of the building may be permitted outside of the construction hours, with the approval of the Community Development Director or his/her designee. Such approval may be revoked by the Community Development Director or his/her designee if the Community Development Director’s determines that surrounding properties and/or uses are adversely impacted by the construction activities. 15.During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from existing residential dwellings. 16.All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers. 17.All areas within the project site shall be maintained free of trash and debris. 18.Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 of the City’s Development Code and shall be in compliance with all requirements as stated in the Municipal Code. 19.Any graffiti shall be removed within seventy-two (72) hours of being reported. Further, the operator of the facility shall apply a coating to the enclosure walls that facilitates the removal of any graffiti. 206/252 Conditional Use Permit 14CUP02 Verizon Wireless Communications Facility (Monopine) Conditions of Approval City of Chino Hills 3 of 4 June 7, 2016 20.Trust Deposit Accounts shall show no deficits. If the Trust Deposit Account(s) associated with the project shows a negative balance, the project construction shall cease, including inspections, until such time as the sufficient funds are deposited to return the account(s) to a positive balance. Engineering Department: 21.Applicant shall contract 8” curb and gutter with a 6 wide PCC sidewalk include any necessary asphalt pavement improvements along the south side of English Road as show on the approved site plan. 22.Applicant shall obtain an encroachment permit prior to any construction occurring within the public right of way of English Road. A trust deposit account shall be established with the permit to cover all inspection costs. 23.SCE service pedestal shall be placed along the south side right of way for English Road adjacent to the property line. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 24.Southern California Edison (property owner) shall grant a maintenance easement to the City of Chino Hills for the purpose of maintenance of new landscaping materials as shown on the project plans. 25.The applicant shall install landscaping as shown on the plans. 26.All landscape areas (planted will be covered with a 3” minimum mulch. 27.The property/applicant shall be responsible for water bills associated with irrigation for all landscape maintenance. 28.Any modification of the landscape and irrigation shall be submitted to Community Development Department for review and approval. Building and Safety Division 29.The applicant shall submit construction drawings for review and approval by the Building and Safety Division. 30.The construction plans shall include all required attachment methods for all equipment/antennas located within the enclosure and/or mounted on the building roof/exterior. THE ITEMS BELOW ARE SPECIAL CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO FINAL SIGN OFF OF SAID PERMIT: Chino Valley Fire Department 31.Equipment shall not interfere with Fire District 800 Mhz Radio Systems. Non- compliance will subject any permits to revocation. 32.Prior to the installation of the proposed back-up generator, plans shall be submitted for review, approval and issuance of permit for said install. 33.Knox Box or lock shall be provided for access to equipment enclosure. 207/252 Conditional Use Permit 14CUP02 Verizon Wireless Communications Facility (Monopine) Conditions of Approval City of Chino Hills 4 of 4 June 7, 2016 PRIOR TO COMMENCEMENT OF OPERATION: Building and Safety Division 34. All site electrical must be inspected and approved by the Building and Safety Division prior to commencement of operation. 35. All required approvals from other Divisions/Departments shall be obtained prior to commencement of operation. END OF SEQUENTIAL CONDITIONS Project Manager: Kim Zuppiger 208/252 Exhibit "C"209/252 210/252 211/252 212/252 213/252 214/252 215/252 216/252 217/252 218/252 219/252 220/252 221/252 222/252 223/252