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HomeMy WebLinkAbout2009-01-27 City Council Agenda Item No. 11 CITY OF LADE 6 LSINORE DREAM EXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JANUARY 27, 2009 SUBJECT: CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW - "ROYAL STREET COMMUNICATIONS CELLULAR TOWER FACILITY CO- LOCATING AT A HEIGHT OF SIXTY FIVE FEET (65') ON AN EXISTING TOWER" Background On November 18, 2008, the Planning Commission approved, by a majority vote, two (2) resolutions approving the design and co- location of a total of eight (8) antennae, which consists of six (6) panel antennas, one (1) microwave antenna and one (1) GPS antenna to be located at a height of sixty five feet (65') on an existing telecommunication tower. The existing tower facility has an ultimate height of seventy five feet (75'). The new co- located facility also proposes an approximate two hundred and twenty (220) square foot equipment shelter and landscaping improvements within the M -1 (Limited Manufacturing) Zoning District. Planning Commission approval of the foregoing was predicated upon a series of conditions of approval, including condition of approval number 9. Condition of approval number 9 reads: "The applicant shall construct a stealthed wireless communication structure which thoroughly conceals the existing and proposed antenna panels. Said structure shall be reviewed and approved by the Community Development Director or designee prior to issuance of grading or building permits." The applicant objected to condition of approval number 9 at the Planning Commission hearing. The Planning Commission took testimony from both the applicant and staff regarding the stealthing requirement. Because the Planning Department routinely requires stealthing of all wireless telecommunication facilities, the Planning Commission voted to approve the Project subject to condition of approval number 9. Agenda Item No. 11 Page 1 of 40 CUP 2008 -17 and Minor Design Review January 27, 2009 Page 2 of 3 CUP 2008 -17 and Minor Design Review January 27, 2009 Page 3 of 3 Attachments: 1. Vicinity Map 2. Conditions of Approval 3. Staff Report and Minutes for the Planning Commission, November 18, 2008 4. Appeal of Planning Commission Action Form 5. Applicant Appeal Letter Dated November 14, 2008 6. Photos of existing structure with antennae panels located off of the 91 Freeway (submitted by the applicant at the November 18, 2008 Planning Commission Hearing) 7. Photos of existing structure (non - stealth in design) located at McVicker Park (submitted by the applicant at the November 18, 2008 Planning Commission Hearing) 8. Full Size Plans Page 3 of 3 Agenda Item No. 11 Page 3 of 40 VICINITY MAP CONDITIONAL USE PEMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW N 76 , 47 6' c PROJECT SITE PINNELL ST PLANNING COMMISSION Agenda Item No. 11 Page 4 of 40 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2008-17 AND A MINOR DESIGN REVIEW FOR "ROYAL STREET COMMUNICATIONS WIRELESS CO- LOCATED CELLULAR TOWER FACILITY" GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the above referenced project. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80.020 of the Lake Elsinore Municipal Code. 3. Conditional Use Permit No. 2008 -17 shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of two years, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. 4. Any violation or non - compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit. 5. The applicant shall at all times comply with Section 17.78 (Noise Ordinance) of the Lake Elsinore Municipal Code. 6. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 7. In the event the telecommunication facility ceases to operate, the applicant or property owner shall remove the facility and convert the site to its original condition, or a better condition as determined by the Community Development Director or Designee. 8. The applicant shall be required to maintain and /or repair the telecommunication facility including the proposed antennas and facility equipment per the discretion of the Community Development Director or his designee. 9. The applicant shall construct a stealthed wireless communication structure which thoroughly conceals the existing and proposed antenna panels. Said structure shall be reviewed and approved by the Community Development Director or designee prior to issuance of grading or building permits. 10. The applicant shall stucco the proposed CMU masonry wall on all exterior elevations. In addition, the applicant shall plant climbing vines against the CMU walls so as to grow on and soften the appearance of the walls. 11. The applicant shall plant six (6) live twenty four inch (24 ") box eucalyptus trees outside the walls of the facility which will create a more natural appearance of a group of trees. Agenda Item No. 11 Page 5 of 40 CONDITIONS OF APPROVAL Page 2of2 CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW FOR — ROYAL STREET COMMUNICATIONS 12.AII exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property. PRIOR TO BUILDING PERMITS 13.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof of compliance with this condition shall be presented to the Senior Building Inspector prior to issuance of building permits and final approval. 14. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. ENGINEERING DIVISION 15. The applicant shall obtain an encroachment permit for any work performed in public right of way. 16. The applicant shall obtain approval of a traffic control plan for any work performed in public right of way. 17.The applicant shall obtain permission from adjacent property owners prior to grading or encroaching onto properties not part of this project. 18. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. 19.If grading exceeds 50 cubic yards, grading plans shall be prepared by a California Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. Any change in on -site drainage will require an approved grading plan. 20. The applicant shall obtain and record a utility and /or access easements to the facility if access to the site crosses separately owned properties. 21. Drainage shall be conveyed to the public right of way. 22. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system or adjacent properties. 23. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Agenda Item No. 11 Page 6 of 40 The following vote re Ited: AYES : C RMAN ZANELLI COM ■ SSIONER GONZALES COMMI - IONER MENDOZA COMMISSI a ER O'NEAL NOES: NONE BSENT: VICE- CHAIRMAN FLO' . S ABS IN: NONE PUBLIC HEARINGS 3. Conditional Use Permit No. 2008 -17 and a Minor Design Review 'Royal Street Communications Cellular Tower Facility" Chairman Zanelli opened the Public Hearing at 6:11 p.m. Project Planner Coury provided the Commission with the reading of the Staff Report. He indicated the cell tower would be located off Baker Street. He stated the applicant is purposing to plant six (6) live Eucalyptus trees that would surround the facility in order to help screen the project. He noted the applicant is objecting to Condition # 9 that requires stealthing the cell tower and stated the applicant submitted a letter of objection dated November 14 2008. He stated staff recommends approval of the project based on the Findings and is subject to the Conditions of Approval. He stated the applicant is available to answer any questions the Commission may have. John Beke, applicant stated their business revolves around co- location on existing structures whenever possible. He indicated this structure is part of the expansion in the City's coverage area. He indicated their proposal is to attach three (3) small antennas to an existing pole on a parcel that is industrially zoned. He stated the City does not have a wireless ordinance that regulates the treatment of applications. He stated he agrees to the Conditions of Approval with the exception of Conditions #9 which requires stealthing of the cell tower. He stated he feels that having a cell tower stealthed would actually make the cell tower more noticeable than what is proposed. He further stated that he would agree to remove the microwave dish from the proposal. Commissioner O'Neal asked staff to clarify the purpose of having a cell tower constructed as stealth. Project Planner Coury stated having the cell tower stealthed would upgrade the use of the facility. He stated it has been staffs position to require cell towers being stealthed in design. Chairman Zanelli closed the Public Hearing at 6:23 p.m. Agenda Item No. 11 Page 7 of 40 Commissioner O'Neal asked the applicant how much it would cost to stealth the cell tower. John Beke stated, if he had to erect the pole, it would cost approximately $180,000. Commissioner Gonzales indicated that in the area of the proposed cell tower they are planning to build condominiums. He stated, since there is currently no ordinance, he would not agree to have the cell tower stealthed. Commissioner Mendoza stated that he is aware that the City does not have a wireless ordinance, however pointed out that this project is a Conditional Use Permit which goes with the land. He pointed out that the recent cell towers that have been approved have been stealthed and therefore agreed with staffs recommendations. Chairman Zanelli requested staff to explain why the City does not have a cell tower ordinance, but does require the cell towers to be stealthed. Acting Community Development Director Weiner stated the request is to intensify. the use, and make the cell tower blend in with the existing surrounding areas. Chairman Zanelli requested staff to advise the Commission on the development plans for that area. Acting Community Development Director Weiner stated the area is zoned light industrial and limited infrastructure. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to adopt Resolution Number 2008 -96, approving Conditional Use Permit No. 2008- 17. The following vote resulted: AYES : CHAIRMAN ZANELLI COMMISSIONER O'NEAL COMMISSIONER MENDOZA NOES: COMMISSIONER GONZALES ABSENT: VICE- CHAIRMAN FLORES ABSTAIN: NONE It was moved by Commissioner Mendoza, and seconded by Commissioner O'Neal to adopt Resolution Number 2008 -97, approving a Minor Design Review for the design and construction of a co- located wireless antenna tower facility. Agenda Item No. 11 Page 8 of 40 The following vote resulted: AYES : CHAIRMAN ZANELLI COMMISSIONER O'NEAL COMMISSIONER MENDOZA NOES: COMMISSIONER GONZALES ABSENT: VICE - CHAIRMAN FLORES ABSTAIN: NONE 4. Negative Declaration No. 2008 -13 and Tentative Tract Mao No. 013 for Finance and Conve ance Pursos: Chairman Zanelli opened the •• . •lic Hearing at 6:31 p.m. Project Planner Miller provided the . ommissioner a brief overview of the proje She noted that development would n.. be allowed until the applicant submits a ubsequent Tentative Tract Map, all . esign review requirements and the e 'ronmental clearances. She stated that ce the map shall only be used for finan '-I purposes, staff recommends approva of the project. She stated the applican available to answer any questions the C. •• mission may have. Bob Krause, - • plicant stated they are anxious to • ove forward with the development, an Mated this would help put together a gre- •roject that could be approved by staff an • e Commission. Chairman Zanelli closed the 'ublic Hearing at 6 :35 p.m. It was moved by Commissio -r Mendoza, and seconded by Com •'ssioner Gonzales to adopt Resolution Num • - r 2008 -98, recommending to the City ncii adoption of Negative Declaration No. 2 18-13. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALE COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE • = ENT: VICE - CHAIRMAN FLORES ABSTAIN: NONE Agenda Item No. 11 Page 9 of 40 LADE coLSINOU DREAM EXTREME., REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 18, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW - "ROYAL STREET COMMUNICATIONS CELLULAR TOWER FACILITY" APPLICANT: JOHN BEKE, ROYAL STREET COMMUNICATIONS, INC., 2913 EL CAMINO REAL #561, TUSTIN, CA 92782 OWNER: FREDRICK & CATHERINE CASTRO, 17866 LASH STREET, LAKE ELSINORE, CA 92530 PROJECT REQUEST The applicant is requesting a Conditional Use Permit and Minor Design Review for the design and co- location of a total of eight (8) antennae, which consists of six (6) panel antennas, one (1) microwave antenna and one (1) GPS antenna to be located at a height of sixty five feet (65') on an existing antenna tower. The existing tower facility has an ultimate height of seventy five feet (75'). The new co- located facility also proposes an approximate two hundred and twenty (220) square foot equipment shelter and landscaping improvements within the M -1 (Limited Manufacturing) Zoning District. Review is pursuant to Chapter 17.56 (M -1 Limited Manufacturing District), 17.82 (Design Review), and Chapter 17.74 (Conditional Use Permit) of the Lake Elsinore Municipal Code. PROJECT LOCATION The project site is located south of Baker Street between Riverside Drive and Pierce Street, Assessor Parcel Number (APN) 378 - 020 -039. Agenda Item No. 11 Page 10 of 40 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW ROYAL STREET COMMUNICATIONS CELLULAR TOWER FACILITY NOVEMBER 18, 2008 ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Existing M -1 (Limited Manufacturing) Limited Industrial Site Monopole Facility North Vacant M -1 (Limited Manufacturing) Limited Industrial South Water Tank M -1 (Limited Manufacturing Limited Industrial West Single Family M -1 (Limited Manufacturing) Limited Industrial Residence East Vacant R -1 (Single Family Residential) Limited Industrial BACKGROUND Royal Street Communications is proposing to co- locate wireless antenna panels on ann existing seventy five foot (75') telecommunication pole so as to provide cellular telephone coverage along the Interstate 15 corridor as well as the residential and commercial communities in the surrounding area. It should be noted that the existing pole is visible from Collier Avenue and the 1 -15 Freeway. The project site has a zoning designation of M -1 Limited Manufacturing. The Limited Manufacturing District, Lake Elsinore Municipal Code (LEMC) Section 17.56.030.A, states that uses located within one hundred feet (100') of a residential district may have outdoor operational characteristics and /or have the potential to impact those surrounding properties and shall therefore require additional approval and consideration. In addition, the Limited Manufacturing District (Section 17.56.030.J) further identifies structures proposed to exceed the height of the district (a height of forty feet) shall require additional approval and consideration. Such uses shall require a Conditional Use Permit pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.74 (Conditional Use Permits). Since project submittal, staff has worked with the applicant regarding the design and location of the tower. An agreeable solution has not been achieved regarding "stealthing" the existing wireless facility, which consists of a seventy five foot (75') tall steel utility pole and antenna panels PROJECT DESCRIPTION The proposed wireless antenna panels will be co- located on the existing utility pole and the equipment will be housed within a 220 square foot lease area and will consist of the following improvements: Agenda Item No. 11 Page 11 of 40 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW ROYAL STREET COMMUNICATIONS CELLULAR TOWER FACILITY NOVEMBER 18, 2008 • Six (6) antennae, divided equally into three (3) sectors located at the top of the top of the existing tower, and proposed to be flush mounted to the existing pole. • One two -foot (2') diameter microwave dish to be located on the existing tower which provides linkage to landline telephone service. • One (1) GPS antenna to be located on the existing tower for emergency - 911 compliance. • Coaxial lines connecting the tower antennas to an equipment shelter. • One (1) prefabricated concrete shelter housing electronic equipment and battery backup cabinets. The lease area containing the facility equipment will be screened and secured with an 8'0" tall masonry stucco finish wall. Two (2) access gates will be located along the north side of the lease area. Staff has conditioned the project to stucco and plant climbing vines against the CMU walls so as to grow on and soften the appearance of the walls. To further enhance the aesthetics of the project, the applicant has agreed to plant six (6) live twenty four inch (24 ") box eucalyptus trees outside the walls of the facility which will create a more natural appearance of a group of trees rather than just the one stealth tower. ANALYSIS 1. Facility Site: The proposed site plan meets all applicable development standards and criteria outlined in the Limited Manufacturing Zoning District including setbacks. 2. Transmission /Calling Coverage: After extensive research regarding potential site placement, Royal Street Communications has concluded that due to the height requirements and the coverage objective of the selected search ring, there are no other practical locations for the telecommunications facility within the immediate area. 3. Tower Height: The applicant has indicated that in order to provide the desirable service, the height of the antennas must be a minimum of sixty -five feet (65'). Section 17.56.030.J of the Lake Elsinore Municipal Code allows for a project to exceed the maximum building height of the Zoning District subject to a Conditional Use Permit. Staff believes the proposed co- location and tower height meets the intent of the Limited Manufacturing Zoning District and will not result in incompatibility issues with surrounding properties and planned land uses given the location of the proposed facility and that sufficient setbacks have been achieved from surrounding properties. Agenda Item No. 11 Page 12 of 40 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW ROYAL STREET COMMUNICATIONS CELLULAR TOWER FACILITY NOVEMBER 18, 2008 4. Stealthinq Improvements: Staff has conditioned the project to be stealthed subject to the review and approval of the Director of Community Development. Staff is encouraging the existing tower to be stealthed as a "mono- pine" facility. It is staffs opinion that mono -pine facilities are satisfactory at concealing antennae panels, especially for co- location purposes. The aesthetics of the facility will be further enhanced with the planting of six (6) live twenty four inch (24 ") box eucalyptus trees outside the walls of the facility creating a more natural grouping of trees in the immediate area. It should be noted that the applicant is objecting to the stealthing of the facility. It is the applicant's position that the facility is an existing wireless antennae pole and the proposed project is requesting only to co- locate to the existing facility, not construct a new tower. Staff understands the applicant's position, however, feels that co- location on existing facility subjects that facility to additional review, conditions and stealthing criteria. 5. Decorative Landscaping & Fencing: Staff believes the conditioning of the project for stucco finish masonry screen walls, wall vines and foundation plantings will all serve to screen the ground mounted equipment from view. In addition, the camouflaged cellular tower and six (6) new live eucalyptus trees will all serve to give the facility a more natural appearance that will blend with the surrounding natural landscape. 6. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, Royal Street Communications technicians visit the facility approximately once every four (4) weeks. Additionally, no increase in ambient noise level is anticipated as there are no external air conditioning units needed or proposed for this facility. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15303 (New Construction or Conversion of Small Structures), staff has determined that the proposed project will not have a significant effect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATION a. Waive further reading and adopt a resolution approving Conditional Use Permit No. 2008 -17, and b. Waive further reading and adopt a resolution approving the Minor Design Review Agenda Item No. 11 Page 13 of 40 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW ROYAL STREET COMMUNICATIONS CELLULAR TOWER FACILITY NOVEMBER 18, 2008 Prepared by: Kirt A. Coury Project Planner Approved by : Tom Weiner, Acting Director of Community Development ATTACHMENTS 1. Vicinity Map 2. Resolution No. 2008 - approving Conditional Use Permit No. 2008 -17 3. Resolution No. 2008- approving a Minor Design Review for Co- Location of a Wireless Cellular Tower Facility 4. Conditions of Approval 5. Signed Acknowledgement of Draft Conditions form 6. Exhibits: 'A': Applicant Project Description Letter dated September 23, 2008 'B': Site Plan (reduction) `C': Enlarged Site Plan (reduction) `D': Elevations (reduction) `E': Color Photo Simulations `F': Full Size Plans Agenda Item No. 11 Page 14 of 40 RESOLUTION NO. 2008 -96 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008 -17 WHEREAS, John Beke of Royal Street Communications, Inc., has initiated proceedings for Conditional Use Permit No. 2008 -17, for the design and co- location of a sixty five foot (65') tall cellular antenna tower, two hundred and twenty (220) square foot equipment shelter, screen walls and associated landscaping improvements located at Assessor Parcel Number 363- 020 -039 (the "Facilities "); and WHEREAS, the project site has a zoning designation of M -1 (Limited Manufacturing). Section 17.56.030.A of the Lake Elsinore Municipal Code states that uses located within one hundred feet (100') of a residential district may have outdoor operational characteristics and /or have the potential to impact those surrounding properties and shall therefore require additional approval and consideration. In addition, Section 17.56.030.J of the Lake Elsinore Municipal Code further identifies structures proposed to exceed the height of the district shall require additional approval and consideration. Such uses shall require a Conditional Use Permit pursuant to Lake Elsinore Municipal Code section 17.74 (Conditional Use Permits); and WHEREAS, in Section 17.74 of the Lake Elsinore Municipal Code, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on November 18, 2008, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2008 -17 prior to rendering its decision and finds that the requirements of Chapters 17.56 and 17.74 of the Lake Elsinore Municipal Code (where applicable) have been satisfied. SECTION 2. The California Legislature has determined that certain classes of projects do not have a significant effect on the environment and are therefore exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: Agenda Item No. 11 Page 15 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -96 PAGE2OF5 "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines "). A Class 3 exemption exists for: "Construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure." The co- located antenna tower, equipment shelter, screen walls and associated landscaping improvements qualify for a Class 3 exemption because they involve the construction of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities. None of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 applies here. The Facilities will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Therefore, the Planning Commission hereby finds and determines that the Project is exempt from CEQA and the CEQA Guidelines. SECTION 3. That in accordance with the State Planning and Zoning Law, and the Lake Elsinore Municipal Code (where applicable), the Planning Commission makes the following findings for approval of CUP 2008 -17: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate and improve wireless communication coverage for the general public and City of Lake Elsinore residents in the general area. Furthermore, the proposed land use and conditioned design conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies have been afforded the opportunity to review the Conditional Use Permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation, design and maintenance of landscaping, walls, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the Agenda Item No. 11 Page 16 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -96 PAGE3OF5 general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Specific Plan. The proposed facility has been designed in consideration of the size and shape of the property and both existing and planned land uses in the vicinity. Adequate setbacks, security walls and screening have all been incorporated into the design of the facility to ensure that the proposed sixty five foot (65') tall co- located structure will not be incompatible with existing and planned surrounding land uses on adjacent properties. Moreover, the facility has been conditioned to be designed with camouflage techniques and landscaping improvements to enhance its aesthetics. 4. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 5. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code, the proposed co- located telecommunications facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on November 18, 2008. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2008 -17. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 18 day of November 2008. // -1 L,L . . Axel a hairman City of Lake Elsinore Agenda Item No. 11 Page 17 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -96 PAGE 4 OF 5 ATTEST: f 8w► t.� � - sa ---- -� Tom Weiner Acting Director of Community Development Agenda Item No. 11 Page 18 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -96 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008 -96 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18 day of November 2008, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Commissioner's Phil Mendoza, and Michael O'Neal NOES: Commissioner John Gonzales ABSENT: Vice - Chairman Jimmy Flores ABSTAIN: None Tom Weiner Acting Director of Community Development Agenda Item No. 11 Page 19 of 40 RESOLUTION NO. 2008 -97 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE DESIGN AND CONSTRUCTION OF A CO- LOCATED WIRELESS ANTENNA TOWER FACILITY WHEREAS, John Beke of Royal Street Communications, Inc., has initiated proceedings for a Minor Design Review for the design and co- location of a sixty five foot (65') tall cellular antenna tower, two hundred and twenty (220) square foot equipment shelter, screen walls and associated landscaping improvements located at Assessor Parcel Number 363- 020 -039 (the "Minor Design Review "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Minor Design Review requests for projects; and WHEREAS, on November 18, 2008, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Minor Design Review. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Minor Design Review and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code, where applicable. SECTION 2. The California Legislature has determined that certain classes of projects do not have a significant effect on the environment and are therefore exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines "). A Class 3 exemption exists for: "Construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure." The co- located antenna tower, equipment shelter, screen walls and associated landscaping improvements qualify for a Class 3 exemption because they involve the construction of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities. None of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 applies here. The facilities will not result in damage to Agenda Item No. 11 Page 20 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -97 PAGE2OF4 scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Therefore, the Planning Commission hereby finds and determines that the Project is exempt from CEQA and the CEQA Guidelines. SECTION 3. That in accordance with the State Planning and Zoning Law, and the Lake Elsinore Municipal Code (where applicable), the Planning Commission makes the following findings for the approval of the Minor Design Review: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Minor Design Review complies with the goals and objectives of the General Plan in that the approval of this cellular telecommunications facility project will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses as well as improve wireless communication coverage for the general public and City of Lake Elsinore residents in the general area. 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Minor Design Review is appropriate to the site and surrounding developments in that the cellular telecommunications facility has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. Further, the project, as conditioned, will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects in that the cellular tower will be and other additional landscape improvements have been added including six (6) live eucalyptus trees and perimeter plantings which serve to enhance the aesthetics of the proposed facility. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a Class 3 categorical exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the telecommunications facility blends into the existing natural landscape and creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. Agenda Item No. 11 Page 21 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -97 PAGE3OF4 The Project will not result in any significant adverse environmental impacts given the attached conditions of approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on November 18, 2008. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves the proposed Minor Design Review. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 18 day of November 2008. Axel Zanelli, C airman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 11 Page 22 of 40 PLANNING COMMISSION RESOLUTION NO. 2008 -97 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008 -97 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18 day of November 2008, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Commissioner's Phil Mendoza, and Michael O'Neal NOES: Commissioner John Gonzales ABSENT: Vice - Chairman Jimmy Flores ABSTAIN: None Tom Weiner Acting Director of Community Development Agenda Item No. 11 Page 23 of 40 CITY OF � LAI(E L o LSINOR � e) DREAM EXTREME, ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Conditional Use Permit No. 2008 -17 and a Minor Design Review for the design and co- location of wireless antennae panels at a height of sixty five feet (65') on an existing antenna tower facility with an approximate two hundred and twenty (220) square foot equipment shelter and landscaping improvements. The existing tower facility is located at 17425 Baker Street within the Limited Manuf (M -1) Zoning District. See 14 W 0L,) I hereby state that I have read and acknowledge th i Draft Conditions of Approval and do hereby agree to accept and abide by annal Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an ' appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code (LEMC). Date: /0- Applicant's Signature: /1,.1a — 1 —/ Print Name: r7y/ 4 96(6 Address: 2280 Ake V -4:52° Phone Number: 9d9- t7, -69f5 7Z5' ) While _ Lim 0� �l. i �cIi e liar o w f r erpovi � am' '/ 7 Q G� 7' Agenda Item No. 11 Z � Y1 Page 24 of 40 ROYAL STREET COMMUNICATIONS metroPCS September 23, 2008 City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, California RE: CUP 2008 -17 Project Description / Letter of Intent To Whom It May Concern: This is a formal letter of intent to the City of Lake Elsinore, which specifically details the proposed operation of a Royal Street Communications (MetroPCS) wireless telecommunications facility. Efforts are currently underway in Riverside County to establish the required infrastructure to have an operational wireless communication system as required by the FCC. MetroPCS is currently seeking approval of a Conditional Use Permit to allow our co- location on an existing 75' Crown Castle pole. MetroPCS would like to attach eight (8) antennas on the existing tower and four (4) equipment cabinets on the ground near the existing compound. Therefore, MetroPCS is seeking a permit to co- locate on an existing vertical element rather than constructing a new site along Interstate 15 in the City of Lake Elsinore. MetroPCS proposes to install a total of eight (8) antennae being six (6) panel antennas, one (1) microwave antenna and one (1) gps antenna. The antenna will be mounted on an existing tower that is 75 -feet in height. The center of MetroPCS' panel antennas will be at 63 -feet and microwave dish at 57'. MetroPCS will also attach one (1) GPS antenna to the equipment cabinet. All antennas, cable and connecting hardware will be painted to match the existing tower color. This project will also consist of the installation of four (4) equipment cabinets that will house the associated electronic equipment. The cabinets will be located inside a new CMU walled compound attached to the existing compound. The installation of the antennas and shelter will have no impacts to the surrounding environment in that it MetroPCS will use existing access roads and not disturb any vegetation. MetroPCS also proposed planting six (6) 24" box Eucalyptus trees at staggered heights around the facility. In identifying the proposed location, MetroPCS' network deployment personnel have selected a site that not only meets the technical objectives of RF engineering, but concurrently provides the best siting option with regard to other key criteria that include, but are not limited to: accessibility, utility connections, zoning compatibility, liability and risk assessment, site acquisition, maintenance and construction costs. At present, MetroPCS has no service in Lake Elsinore. The proposed site will provide wireless telecommunications services to MetroPCS customers who live, work, and travel throughout this part of Lake Elsinore. Please feel free to contact me at your earliest convenience with any comments questions or concerns at 909 - 896 -0945. Thank you for your time and attention to this matter. C. dially� John Be e MetroPCS MetroPCS /Crown Cast /e Collocation Page 1 LA3374A Alberhill Creek \ • • EXHIBKI Page 25 of 40 I 11 0 9_< , II >< 11 — U H r, a g o z €° m Q .f.6-- II— n • a U L, 3 , o 8 8 °I E. m i w F ' OM Lz3 10; Aa .' - .1 _s -.', .13.10.1 R 3ra, A1111:10.1 AV.. 1sa,irr r5 I �� _�����- S��z������: - \\ — \_ _ ; `\ 111\1 1 al \ - r '\ \! - I i 26 eW € \ -€ \ 1 e I i �� Q u a Wi y ;. i b ga F i I !. I I i It I � I WE I i 1 I I 1 H ti 3 I 1 c u l W j ° ¥ i N v I i I I 1 ti i I I 1..; � c,,,,,,, z m °zj i; 1 m i Z"&,' j 1 �o io • No m i�ZO in N I ..I I .J 6 curia I ._ i :j • z -... 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Gu 040 to A. yy S s _ _ _!1" - C . _ t k � ' e 14 , .E " ^ y , - _ 'L' Lg o y s }iii &,< W OW ag li yyo� " s° t_,- D �o ; i e sN 8 �3 8 t< §V5 > W a6 - 0 Acenda Item No. 11 Page 29 of 40 1 ca u II — E g Z A. < oa rcg ao 2 g � r...:, w tqto$3 0 F ¢"' O N �Y U,gd z 55 A c k �,R1 `€ o= x= a ° Z € �' - Q t " :1 " : ".#. o ILO R d� _ 3s II 1 0..110, I� > . a i - s ° ° w w to a ° o tf S ; W W n I I if ° s Y g W P— i i it Yi " GWa ° °e o � m r�o r -° ' ; r° ,° 'oo 6'o - r 1 °i a ii 625 ° G , ' Q „fie !1" ,1 gg�� W 2M 4 ;i" a W 5 G e 1 1� --- r _- - 0 sahliiiii .,.,:k o 27 1 ., a K° Y '3 Gi 1 ;$1 1 1111 W W * 5 Y P W N ed..' !!: .. :., 1 11 £ 4° 111 W =_8 Eli O''' a R§ •illl ,1 H 252 ° Q ° a ;i�'t1.1 �, 2g, ` g, Ili �p t� o �' „-..,:r.3,'%-'-.A, r _ .-” aF of Wd " ffi " t -ar t om/ v.? iii * k �.._ of 1 '��s� ; 1 x r a S I - f u l c a r a W i any, - t ?,� . < / �: I k Sao s� t7 o � w 4t g $ elit _ _ � W , t il t _� ! Et_ °: 1-7.4E 3 li,,I=k5E � Y3 ` /gyp[ 1 28 t 111i111l11.1, W q mow 11.1 ■• 41 i1i1i1 lo g al' eri * r, -- � , G IIJi J i i i ft i i j i j ' 88o _� 3� ms f 4 -4 - - f . 4 L. § 3 r.. g '.°E �j:h €€ 0'7 EW C s: a V- y 9Y et ads PW Psi $ "5 W ° W �„ °W g Agenda Item No 11 ° � oe ar Page 30 of 40 �� N .0 o E ±a .x«t: a y � a 3', , :::: •••• 4. '',..., - 3 1 if•!Itt,„' - ;•6 , - tj Qcl \ r� m a tie , ? 0 x " # 2 n.b ` ,, , . , . :,:f ,,,,,,: le Ld W r u J� ' o W a 4' m 1 J ., IZ < 0 (1 In �n In N F 0� Y CO Q x t hi W crt U 1- II) N. W " C 0 Y Z m Z o w t Q "fid k J W 3 W 0 J 1 N W M Z m Q ❑ W 11'11 a U ! A N roar as { f , 4' , W ill C U f. v ' C . � ! '.-�'' • mi, k • Z Z N U Page 31 of 40 w 0 � .J E s z :a , R` It _ k wee ib i,, 0 F f z 0 V W W LZ 9 U J _J / I M W m J " ' N N 1 m 1 al L3 n W z U ° a Z 4 Z " I- • W W O W i Q Q J G h V r el 0° W M • I- Y W Z a 3 m Q �► ° N 2 t .2 + J , • i kt E '' ,-,--„/ rj , / , C m - ' ,, O V V F Z o i f ? 7 / X ,._ w genda Item No. 11 Page 32 of 40 r� I _ _ 1 1 P For Official Use Only LADE � LSIN.OU Date Received: o 0, v A aa�" , ?` DREAM EXTREME. Received By: i . / 1 City Clerk's Office Date Fee Paid: ///g4,/g- *pp, do 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 // � APPEAL OF PLANNING COMMISSION ACTION F• 1 ' ��� Th ►Policy 100 -8: The ur ose of this Poli e Y eft B 10 B 0 p p cy is to provide a standardized procedure for consider.t c ta Is from Planning Commission decisions. Within 15 days of a Planning Commission decision, any persd y appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy i -- attached with further important information. Applicant Information Name: 0.1 U N1+/ fag 745 - /v, /" ° C Date: 6 4T Mailing Address: . 3 S O (,, i i/7 1a e f e * _ City: i l7/A - State: (2fr4 Zip Code: 4 4 - 2 Phone No.: i w , fir ' ,' � Fax No.: 779/ � .5O � � 0-6/ Subject of Appeal Information Subject of Appeal: /49r 26?/ � Y ' ' Project No.(s): r / ?' 7 /1 ;' Li / hire9,5 s 4 ■ /, 7 . , Project Applicant: R , 3 ,- .et om 74 ail /074 2 L 3 1. -- I- e Project Location: Date of Planning Commission Action: //-- Ar' '' (,) I I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Planning Commission, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. Ls, ,y) (//77/77 9 73 &I I red, Se r I 1 bd - e--- ow f77 A I C ,.� / €— e /' 8 / r r / Z J /f /.4`/ ./ GAL, s r ,/ --/-he_ i:ole ,4 (ex sla - g 1/ 4 „, ,r (: .7 Signature: , ! ,�-.- .--- f ,e -� - Agenda Item No 11 Af Page 33 of 40, iwv cuuo u4:oarM NKUM — CKUWN CASTLE 805- 560 -7422 T -370 P.002/005 F -669 5 (0 Castillo Strcct Tel 805 957,1 b3) .! N Suite 303 C,4' '—p Fax 805 957,1634 INTERNATIONAL .. Santa Barbara, CA 93101 www.crowneastle.com November 14, 2008 Mr. Axel Zanelli, Chairman City of Lake Elsinore Planning Commission Lake Elsinore Cultural Center 183 North Main Street Lake Elsinore, CA 92530 Subject: MetroPCS Collocation on Existing Crown Castle Monopole 1 7425 Baker Street, AP _ _ N 378 020 039 Planning Commission Hearing of November 18, 2008 Dear Chairman Zanelli and Members of the Planning Commission_ Request Crown Castle, USA ( "Crown ") is the owner of the wireless communications site being considered for collocation purposes by MetroPCS y S (Metro ), located at 17425 Baker Street, Lake Elsinore. Crown joins Metro in objecting to staff's imposition of Condition 9, requiring the existing monopole to be completely replaced as a condition to granting Metro's request for a simple collocation. Crown maintains that this condition is arbitrary and unwarranted based on the facts and specific evidence of this case, Background The existing facility was approved in 1999 under CUP 99 -8. Since 2000, the facility has served as a vital telecommunications link for the existing wireless provider and the citizens of the City of Lake Elsinore. The project was approved under a CEQA Categorical Exemption, pursuant to Section 15303 Class 3_ As noted in the original staff report, the project is located in a predominately rural area of mostly vacant parcels that are zoned M -1. Crown is unaware of any complaints as to the operation, appearance or placement of this facility since its installation. Royal Street. Communications (`.•Metro ") filed a wireless collocation application and proposed to attach six "flush mount" wireless antennas and a small microwave antenna to an existing wireless communications facility located at 17425 Baker Street. The application also proposed pp p posed to place ground- mounted telecommunications equipment adjacent to the facility. No other physical improvements or changes to the site are Agenda Item No. 11 Page 34 of 40 14 uud 84:58PM FROM -CROWN CASTLE 805- 560 -7422 T -370 P.003/005 F -669 proposed, and no additional increase in tower height is being requested. As noted in the staff report for the November 18 hearing, the existing facility and the proposed improvements to the existing facility meet all applicable development standards and criteria contained in the Limited Manufacturing Zoning District. Moreover, the ro osed colloc ' p p anon romote st the deployment of telecommunications services pursuant to the Telecommunications Act of advanced 996. Unfortunately, staff is recommending a complete replacement and redesign of the existing facility in order for Metro to move forward with this simple Both Metro and Crown strenuously object to this recommendation collocation reasons set on request. endation for the below. There is No CEQA Nexus to Require such a Drastic Condition The "project" being considered under CEQA is described on p. 1 of the Staff Report. The project is essentially the flush- mounting of six (6) panel antennas on an existing monopole and installing ancillary ground equipment to support the antenna propagation. Appropriately, Metro's project was found to be exempt under CEQA pursuant to CEQA Section 15303 Class 3. Furthermore, in staffs Analysis Section on p. 3 of the Staff Report, staff expounds upon the CEQA determination by stating that the proposed plan "meets all applicable development standards and criteria" of the City of Lake Elsinore. Given staff's conclusion above, Crown questions staffs drastic recommendation that the entire site be redesigned, including a wholesale replacement of the approved and lawfully constructed monopole. There are simply no identified environmental issues or community concerns in the record to Iead staff to this conclusion. Therefore, Crown maintains that staff has not provided a logical nexus to require such a burdensome condition. The Requirement to "Stealth" is Arbitrary Staff is recommending that the Commission approve the proposed collocation on the condition that MetroPCS replace the existing monopole with a "stealthed" monopole, presumably a faux tree. The Commission is reminded that the city does not have a wireless telecommunications ordinance, nor does the city have lawfully adopted wireless policies or guidelines. Consequently, staff's recommendation is completely arbitrary. In coming to this conclusion, staff does not cite any adopted criteria or ordinance language that supports the recommendation. Furthermore, Condition 9 is so vague the applicant is only instructed to develop a "stealthed" structure that will be approved at a "later date "_by the Community._ Development Director. This vague language provides no assurances to the applicants or Crown as to what is truly being required. Crown maintains that this recommendation therefore, should not be adopted by the Planning Commission. Agenda Item No. 11 Page 35 of 40 wr cuuo U4:aarM rRUAq LASILt 805- 560 -7422 T -370 P.004/005 F -669 it The Requirement to Stealth is Not Supported by Substantial Evidence Even if the city could require MetroPCS to stealth the monopole as a condition of approval, such a requirement must be supported by substanti al evidence impacts Y report fails to identify any impacts that warrant The staff an t this mitigation, g n, especially such drastic mitigation. Therefore, the requirement to completely tear down and replace this communications facility is unnecessary and extremely burdensome and not supported by any substantial evidence in the record. Furthermore, there is no practical, compelling public reason that staff has identified ntrfied that warrants replacing the existing monopole with a "stealth" facility. Staff has not provided any visual analysis whatsoever, or even stated in the staff report that the project as constructed, posses a negative visual impact. Completely tearing down the existing pole and replacing it with a faux tree is anticipated to cost anywhere from $125,000 to $150,000. This excessive cost makes the project virtually have already. agreed to plant additional landscaping and improve impractical. he appearance of the masonry wall that surrounds the site, Additionally, Metro has agreed to "flush mount" the six antennas rather than installing the antennas on a "wagon wheel" array. The Telecommunications Act section c 332 7 ()( )(B)(iii) states the following: "fAjny decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record" 47 U.S.C. § 332(c)(7)(B)(iii). Staff has provided no basis to deny Metro's submitted request. The Proposed Collocation is Compatible with the M -1 Zone and Existing Land Uses Staff provides no evidence that the existing facility i; is incompatible tY ble wi p th the surrounding area. To the contrary, the staff report indicates on p. 2 that all surrounding properties have a General Plan Designation of "Limited Industrial" and the only residence near the site appears to have been allowed to have been constructed in an M -1 zone. Furthermore, it appears that this residence was built after the monopole had been. installed. There are no statements and evidence regarding incompatibility. On p. 2 of the Staff Report, in the ".Background" section, staff argues that Section 17.56.030.A provides a basis to further scrutinize Metro's project because it addresses uses within 100 feet of a residential district. We maintain this argument is not relevant. The "use" exists --the original project was unanimously endorsed in 1999. Furthermore, the height issue described in the same section is moot, as Metro does not propose to increase the height of the tower with their installation. Finally, we point out that the General Plan designation of the property that is within 100 feet of the site is not Residential, but Limited Industrial. Since the General PIan Designation takes preference • over the zoning designation we would argue that Section 17.56.030.A does not apply. Agenda Item No. 11 Page 36 of 40 i4 +,v - zuuu 04:59PM FROM -CROWN CASTLE 805-560-7422 T -370 P.005/0O5 F -669 Summary The city has no lawful basis with which to impose such a significant and costly condition on MetroPCS or the site owner, Crown Castle. Staff has not provided any evidence other that an "opinion" that a stealthed facility is warranted. Furthermore, staff has not defined what the facility would consist of or look like, nor provided any assurance that the Community Development Director would support any specific applicant- provided designs. The city does not have an adopted wireless communications ordinance, nor does the cit y have adopted wireless guidelines or policies. Therefore, staff's recommendation is an arbitrary opinion, one with significant financial implications to both the applicant and Crown. Furthermore, staff's recommendation is not supported on the basis of either the CEQA analysis or the project's consistency with adopted ordinances. In sum, the condition requiring MetroPCS to stealth the facility is unwarranted and not supported by substantial evidence. We hereby respectfully request that the Planning Commission approve the project as proposed by Metro by eliminating Condition 9 from consideration. Sincerely, CRD CASTLE / RNATIONAL Jo :than Dohm, AICP Zot ing Manager, West Area Cc: Joe Parker, Esq., Ross, Dixon & Bell John Beke, MetroPCS Kirk Coury, City of Lake Elsinore Agenda Item No. 11 Page 37 of 40 CITY OF i�� LADE oLSINOU _a DREAM EXTREME August 21, 2008 Mr. John Beke Royal Street Communications 2913 El Camino Real, #561 Tustin, CA 92782 SUBJECT: CONDITIONAL USE PERMIT NO. 2008 -17 AND A MINOR DESIGN REVIEW FOR A WIRELESS ANTENNA FACILITY Dear Mr. Beke: Thank you for submitting your application for the above referenced project. Unfortunately the project has been deemed incomplete. This letter is intended to provide guidance and describe those plan features which conflict with the City's Zoning Code, as well as offer suggestions to improve your overall project design. Upon re- submittal of your project, please include the following it- ADDITIONAL INFORMATION AND CLARIFICATION 1. The project fee deposit sheet identifies fees d- the` r`� -7 . s e Conditional Use Permit) and $2,050 ( esi • ould b 050 forth � •� ti 7 :�'� that the Conditional Use Permit requires ee &f` '.5,600. Please dep. an additional $2,800 to cover the assoc' ost " n Environmental fee de os� �r of $1,500 is required to cover anticip, -nvi ; t, ,wry al processing costs. r p project p a� project purpose; 2. Provide a complete ro'ect descri � nar �� . e details of the ro'ect i.e. operations, maintenance, etc.). 3. Landscape Plan: • Provide a conceptual Iandstr<'e •r � �r.. udi �' andscape lege • Show trees, shrubs, etc. an p e of propo -E 1, pin; ) • Provide enough Iandscapin, to „ V iew • call uipment and cmu wall. 4. Provide a photo simulation accu P atel E ow this projepwill look from 15. 5. Identify the existing general ..�� ; , � e des �' � E . 951.674.3124 ' " mo t ' 130 S. MAIN STREET LAKE ELSINORE, CA 92530 4 1� WWW.LAKE-ELSINORE.ORG Agenda Item No. Page 38 of 40 CUP 2008 -17: Royal Street Communications August 21, 2008 Page 2 of 2 DESIGN COMMENTS The following offers suggestions to improve the Site Plan and Elevations. Site Plan 6. Identify and label the area designated for service /maintenance vehicle access and parking. Elevations 7. It should be noted that the project will be required to be "stealth" in design. Staff believes that a grouping of trees would appear more realistic and natural rather than one lone tree. Is water available to the site? If so, three live trees (varying in height and size) should be planted in staggered locations around the perimeter of the facility. If not, staff requests that three faux trees be erected. Please modify the plans accordingly. 8. Identify and label all proposed materials, and provide a detailed color and materials board. COMMENTS FROM OTHER PUBLIC AGENCIES I have not yet received comments from the other departments or agencies. I will forward their comments when I receive them. Please contact me at (951) 674 -3124 ext. 274, or via e-mail at kcoun, jake- elsinore.orq if you have any questions on our review comments. We are also available to meet with you at your convenience to further discuss your project. Sincerely, CITY OF LAKE ELSINORE www.lake-elsinore.org Kirt A. oury Project Planner c: Rolfe Preisendanz, Director of Community Development Tom Weiner, Planning Manager Agenda Item No. 11 Page 39 of 40 � \ • \ :r \ w . ? , \ \ \\ \ \ ' \ , ''%\\\''' '''''.\ \ \' » \ \ \\ \ \ \ \\ \ \ { . \. . \ ^ \ , ° . . ... \�\ \ y \ . ` : \ ' > » \< d\ ) : ' \ \ ' 2 - : ¥ N . 4 y �� • .. P w r. e „r qq « w x • • • • �P► _ • 4P :x. r �, u . ,4 /• - I , ! d 'fix II r k , i III ye .raq rM 1 i1 0 , p ;1P f 1 F Ye 1 ° ail ^ ( t 1 t:t wale rn11 ,. .. .... ,•�... _ /4114 mar 9 v r • t 1 4 X 3 1^