HomeMy WebLinkAboutCity Council Agenda Item No. 6CITY OF F5
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MAY 12, 2009
SUBJECT: COMMUNICATIONS SITE LEASE AGREEMENT— MCVICKER PARK
Background
Royal Street Communications is proposing to construct a wireless antenna facility and
replace an existing ball field light pole located at McVicker Park site to provide cellular
telephone coverage to the residential development surrounding McVicker Canyon Park
Road and Grand Avenue.
At the April 21, 2009, Planning Commission meeting, the Commission approved
Conditional Use Permit No. 2008 -21 and Resolution No. 2009 - approving a Minor
Design Review for the design of a Wireless Mono -Light Pole Cellular Tower.
The proposed unmanned wireless telecommunication facility will replace an existing ball
field light pole at the McVicker Park (lower baseball field) and will consist of the
following improvements:
• An ultimate 80 -foot tall light pole will be disguised as a mono -light pole
tower with six (6) antennae panels to be located at an approximate height
of seventy feet (70').
• One two -foot (2') diameter microwave dish to be located on the mono -light
pole tower which provides linkage to landline telephone service.
• One (1) GPS antenna to be located on the mono -light pole tower for
emergency -911 compliance.
• Coaxial lines connecting the tower antennas to an equipment shelter.
• Four (4) equipment cabinets housing electronic equipment are proposed
within the within the equipment enclosure area.
• One (1) temporary generator that will provide power during outage
periods.
Agenda Item No. 6
Page 1 of 47
Communications Site Lease Agreement - McVicker Parks & Recreation
May 12, 2009
Page 2
The enclosure area containing the facility equipment will be screened and secured
within a proposed 8'0" tall masonry wall. A four foot (4') wide access gate will be located
along the north side of the enclosure area. Climbing vines will be planted against the
masonry walls and low shrubs and ground cover will be planted in areas surrounding
the walls so as to grow on and soften the appearance of the walls.
Discussion
After receiving approval from the Planning Commission, Royal Street Communications
submitted the attached Communications Site Lease Agreement to the City for Council's
review and approval.
Based on the lease agreement, Royal Street Communications will be responsible for all
cost associated with the installation, operation, and maintenance of all equipment. The
term of the agreement is for five (5) years with four (4) additional terms of five (5) years
each. Royal Street Communications will pay the City $18,000 which represents the
first twelve (12) months of rent. After the first year, payment will be $1,500 per month
and will increase by fifteen percent (15 %) each five (5) year term. The agreement
contains a thirty (30) day termination clause requiring Royal Street communications to
restore the location to its original condition.
The City currently has two similar cell tower lease agreements with Verizon and T-
Mobile for wireless communication towers at McVicker Park, and Swick and Matich
Park. Staff supports this installation of the cell tower at McVicker Park, since the design
is using a tower similar to the existing athletic field light poles.
Attached for the Council's review are pictures and design concept of the proposed cell
tower to be placed at the lower field.
Fiscallmpact
This project will have a positive impact to the City's general fund in the amount of
$18,000 annually.
Recommendation
Authorize the City Manager to sign the Communications Site Lease Agreement and all
necessary documents to finalize the agreement with Royal Street Communications to
install a wireless cellular tower and eq ipment enclosure at McVicker Park.
Prepared by: Ray Gonzales
Director of Parks and Recreation
Approved by: Robert A. BradylllJ�jjl)
Attachment: Communications Site Lease Agreement
Report to the Planning Commission April 21, 2009
Agenda Item No. 6
Page 2 of 47
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT ( "Lease Agreement ") dated as
of 2009 is made by and between Royal Street Communications California,
LLC, a Delaware limited liability company ( "Lessee ") and the City of Lake Elsinore, a California
municipal corporation ( "Lessor ").
RECITALS
This Lease Agreement is entered into based upon the following facts, circumstances and
understandings:
A. Lessor owns certain real property legally described in Exhibit "A" attached hereto
and commonly known as 29355 Grand Ave., Lake Elsinore, CA, 92530; Assessor's Parcel Number 391-
830 -011 ( "Lessor's Real Property "). Subject to the foregoing terms and conditions, Lessee desires to
lease a portion of Lessor's Real Property with any necessary easements over other portions of Lessor's
Real Property and/or shared use of Lessor's easements over other real property necessary for Lessee's
access and utilities to the leased area, as depicted on Exhibit `B" attached hereto (the "Premises ").
B. Lessee desires to construct and operate a wireless communications site at the
Premises, which includes the removal of an existing light pole and use of a new light pole pursuant to the
terms of this Lease Agreement.
C. Based on the terms and conditions set forth below, Lessor is willing to lease the
Premises to Lessee for Lessee's proposed use subject to the terms and conditions of this Lease
Agreement.
WHEREFORE, in consideration of the Premises set forth above and the terms and
conditions set forth herein, the parties, intending to be legally bound, hereto agree as follows:
1. Grant of Lease. Lessor hereby leases to Lessee the Premises for the Permitted Uses as
set forth in Section 2 subject to the following terms and conditions.
2. Permitted Uses.
(a) Lessee's Facility. The Premises shall be used by Lessee for the operation of a
wireless communications site. Under this Lease Agreement, Lessee may install, place, use and operate
on the Premises such antennas, radio transmitting and receiving equipment, conduits, wires, batteries,
back -up generators, utility lines and facilities, supporting structures, storage facilities, telephone
facilities, microwave equipment, and related equipment (collectively "Lessee's Facilities ") as Lessee
deems necessary for the operation of its wireless communications site at the Premises. Further, Lessee
may perform construction, maintenance, repairs, additions to, and replacement of Lessee's Facilities as
necessary and appropriate for its ongoing business and has the right to do all work necessary to prepare,
modify and maintain the Premises to accommodate Lessee's Facilities and as required for Lessee's
communications operations at the Premises.
Site No.: LA3409A Page 1 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 3 of 47
(b) Light Pole. Use of the Premises pursuant to this Lease Agreement shall include
the removal of an existing light pole (the "Existing Light Pole ") and installation of a new light pole as
part of Lessee's Facilities (the "New Light Pole ") both as shown on Exhibit B. Once removed, Lessee
shall deliver the Existing Light Pole to the City Maintenance Yard, located at 521 N. Langstaff Street,
Lake Elsinore CA 92530 or such other location within the City of Lake Elsinore as directed by Lessor
with notice as provided in Paragraph 22 prior to the start of construction of Lessee's Facilities. During
the Term and any Renewal Term (as these terms are further defined herein) of this Lease Agreement,
Lessee grants Lessor a license to maintain lights on the New Light Pole (the "Lights ") pursuant to the
terms of this Paragraph 2(b). Lessee shall install the Lights on the New Light Pole to look and perform
in substantially the same manner as lights looked and performed on the Existing Light Pole on the date of
its removal, for the benefit of Lessor. Provided the Lights are installed as provided herein, Lessor shall
accept the Lights and installation on an "as -is- where -is" basis and disclaims any and all warranties
including but not limited to, the implied warranty of merchantability and the implied warranty of fitness
for a particular purpose. Any maintenance of the Lights requiring Lessor to climb or access the interior
of the New Light Pole will require prior notice to Lessee, sufficient to permit Lessee to be present during
such maintenance should Lessee so choose. Upon the expiration or earlier termination of this Lease
Agreement, Lessee shall have the option, at its sole discretion, to either convey the New Light Pole to
Lessor, to re- install the Existing Light Pole and the Lights on the Existing Light Pole (on the conditions
that the Existing Light Pole is available and the City approves use of the Existing Light Pole), or install a
replacement light pole of substantially similar quality to the Existing Light Pole and install the Lights
thereon. Lessor shall accept the New Light Pole, the Existing Light Pole or the replacement light pole
(as Lessee so chooses subject to the aforementioned conditions) and its and the Lights' installation
thereon, on an "as -is- where-is" basis and disclaims any and all implied warranties, including but not
limited to, the implied warranty of merchantability and the implied warranty of fitness for a particular
purpose, provided the final product looks and performs substantially as the Existing Light Pole and lights
thereon looked and performed on the date that the Existing Light Pole was removed.
3. Conditions Precedent: Prior Approvals. Lessee's performance under this Lease
Agreement is conditioned upon Lessee obtaining, at no expense to Lessor, all governmental licenses,
permits and approvals enabling Lessee to construct and operate wireless communications facilities on the
Premises ("Required Permits ") without conditions which are not standard or typical for premises where
wireless communications facilities are located. Prior to the commencement of construction of any
improvements on the Premises, Lessee shall, without limitation, apply for and secure all Required
Permits, and ensure all costs, charges and fees associated therewith are paid, . Lessor agrees to cooperate
with Lessee's reasonable requests for Lessor's signatures as real property owner on permit applications,
for allowing site inspections by governmental agencies required in connection with reviewing permit
applications, and for cooperative assistance in obtaining such necessary approvals, provided that such
cooperation and assistance shall be at no expense to Lessor and upon the express understanding that the
execution of this Lease Agreement does not constitute the granting of or a commitment to obtain any
required land use permits, entitlements or approvals associated therewith required by Lessor.
4. Term. The term of this Lease Agreement ( "Term ") shall be five (5) years commencing
on the date Lessee begins construction of Lessee's Facilities on the Premises or twelve (12) months from
the date of full execution of this Lease Agreement, whichever occurs first ( "Commencement Date ").
Lessee shall promptly deliver written notice to Lessor of the Commencement Date. Lessee shall have the
right to extend the Term of this Lease Agreement for four (4) additional terms (each a "Renewal Term ")
of five (5) years each. The terms and conditions for each Renewal Term shall be the same terms and
Site No.: LA3409A Page 2 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530 -
Execution Copy 3.31.09
Agenda Item No. 6
Page 4 of 47
conditions as in this Lease Agreement, except that the Rent shall be increased as set forth herembelow.
This Lease Agreement shall automatically be extended for each successive five (5) year Renewal Term
unless Lessee notifies Lessor in writing of Lessee's intention not to extend this Lease Agreement at least
thirty (30) days prior to the expiration of the first Term or any Renewal Term.
5. Rent. Prior to the date that Lessee begins construction of Lessee's Facilities on the
Premises or within forty -five (45) days following the full execution of this Lease Agreement by both
Lessee and Lessor, whichever is earlier, Lessee shall deposit with Lessor the sum of Eighteen Thousand
and 00 /100 Dollars ($18,000.00) which represents the first twelve (12) months' Rent (as defined below)
(the "Rental Deposit "). The Rental Deposit shall be held by Lessor as a credit toward the Rent (as
defined below) for the first twelve (12) months of this Lease Agreement. Should this Lease Agreement
be terminated for any reason other than Lessee default at any time prior to the end of the twelfth (1211)
month of this Lease Agreement, Lessor shall refund to Lessee any portion of the Rental Deposit
representing the time from the date of termination to the end of the twelfth (12th) month. Beginning on
the thirteenth (131i1 month of the Term, Lessee shall pay Lessor, in advance, One Thousand Five Hundred
Dollars ($1,500.00) ( "Rent") per month. Rent shall be payable on the first day of each month, in
advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices and Deliveries. If the
beginning of the thirteenth (13`h) month of the Term is other than the first day of a calendar month,
Lessee may pay the prorated Rent for the remainder of that 13th month, and thereafter Lessee shall pay a
full month's Rent on the first day of each calendar month, except that payment shall be prorated for the
final fractional month of this Lease Agreement, or if this Lease Agreement is terminated before the
expiration of any month for which Rent should have been paid. Rent shall be adjusted as of the
If (51)
anniversary of the Commencement Date of the Term and of any five (5) year Renewal Term by an
increase of fifteen percent (15 %) of the Rent paid during the previous Term or five (5) year Renewal
Term.
6. Due Diligence Contingency and Pre - Commencement Date Access to Premises.
Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease
Agreement and prior to the Commencement Date, to enter the Premises for the purpose of making
necessary inspections, taking measurements and conducting engineering surveys (and soil tests where
applicable) and other reasonably necessary tests to determine the suitability of the Premises for Lessee's
Facilities ( "Due Diligence "), and for the purpose of preparing the Premises for the installation or
construction of Lessee's Facilities. During any Due Diligence activities or pre - construction work, Lessee
shall have insurance which covers such activities as set forth in Section 16, Insurance and shall be subject
to the indemnity provisions as set forth in Section 20, Indemnifications. Lessee will notify Lessor of any
proposed tests, measurements or pre - construction work and will coordinate the scheduling of such
activities with Lessor. If in the course of its Due Diligence, Lessee determines that the Premises are
unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease
Agreement prior to the Commencement Date by delivery of written notice thereof to Lessor as set forth
in Section 13, Termination.
7. On2oin2 Access to Premises. Throughout the Term and any Renewal Term of this
Lease Agreement, Lessee shall have the right of access without escort to the Premises for its employees
and agents twenty-four (24) hours a day, seven (7) days per week, at no additional charge to Lessee. hi
exercising its right of access to the Premises herein, Lessee agrees to cooperate with any reasonable
security procedures utilized by Lessor at Lessor's Real Property and further agrees not to unduly disturb
or interfere with the business or other activities of Lessor or of other tenants or occupants of Lessor's
Real Property. Lessor shall maintain all existing access roadways or driveways extending from the
Site No.: LA3409A Page 3 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 5 of 47
nearest public roadway to the Premises in a manner sufficient to allow for Lessee's access to the
Premises. Lessor shall be responsible for maintaining and repairing such roadways and driveways at
Lessor's sole expense, except for any damage caused by Lessee's use of such roadways or driveways. If
Lessee causes any such damage, Lessee shall promptly repair the same at its sole expense. Except those
constructed by Lessee, Lessor, not Lessee, shall be responsible for the maintenance and compliance with
laws of all towers and structures located on the Premises, including compliance with Part 17 of the
Federal Communications Commission's Rules.
8. Lessee's Work, Maintenance and Repairs. All of Lessee's construction and
installation work at the Premises shall be performed at Lessee's sole cost and expense and in a good and
workmanlike manner. Lessee shall submit copies of the site plan and specifications to the Lessor for
prior approval, which approval will not be unreasonably withheld, conditioned or delayed. Lessor shall
give such approval or provide Lessee with its requests for changes within fifteen (15) business days of
Lessor's receipt of Lessee's plans. If Lessor does not provide such approval or request for changes
within such fifteen (15) business day period, Lessor shall be deemed to have approved the plans. Lessor
shall not be entitled to receive any additional consideration in exchange for giving its approval of
Lessee's plans. Lessee shall maintain Lessee's Facilities and the Premises in neat and safe condition,
free of graffiti, and in compliance with all applicable codes and governmental regulations. Lessee shall
not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee,
its employees, agents, contractors or subcontractors. Upon the expiration, cancellation or termination of
this Lease Agreement, Lessee shall restore the Premises to its original condition, less ordinary wear and
tear and that which is not caused by Lessee, subject to Paragraph 2(b) above; however, Lessee shall not
be required to remove any foundation supports for Lessee's Facilities or conduits which have been
installed by Lessee more than three (3) feet below grade. The foregoing provision shall survive the
expiration, cancellation or termination of this Lease Agreement.
9. Title to Lessee's Facilities. Title to Lessee's Facilities and any equipment placed on the
Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the property of
Lessee and are not fixtures. Lessee has the right to remove all Lessee's Facilities at its sole expense on
or before the expiration or termination of this Lease Agreement. Lessor acknowledges that Lessee may
enter into financing arrangements including promissory notes and financial and security agreements for
the financing of Lessee's Facilities (the "Collateral ") with a third party financing entity and may in the
future enter into additional financing arrangements with other financing entities. In connection
therewith, Lessor (i) consents to the installation of the Collateral to the extent that the Collateral is part
of the approved Lessee's Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise,
whether arising at law or otherwise, including, but not limited to any statutory landlord's lien; and
(iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or
distress for any Rent due or to become due and that such Collateral may be removed at any time without
recourse to legal proceedings.
10. Utilities. Lessee shall have the right to install utilities, as shown on Exhibit B, at
Lessee's expense, and to improve the present utilities on or near the Premises (including, but not limited
to the installation of emergency back -up power). Subject to Lessor's approval of the location, which
approval shall not be unreasonably withheld, conditioned, or delayed, Lessee shall have the right to place
utilities on (or to bring utilities across) Lessor's Real Property in order to service the Premises and
Lessee's Facilities, provided that such utilities are as shown on Exhibit B. Upon Lessee's request, Lessor
shall provide licenses or, if necessary to the installation, easement(s) evidencing the right to place
Site No.: LA3409A Page 4 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 6 of 47
utilities. Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use,
operation and maintenance of Lessee's Facilities.
Upon Lessee's request, Lessor shall allow Lessee to install sub - metering equipment on
existing Lessor utility service(s) for a period not to exceed six (6) months following the date Lessee
begins construction of Lessee's Facilities on the Premises. Lessee agrees to install, at Lessee's cost, the
required equipment, meters and connections and will reimburse Lessor for Lessee's use of utilities at a
rate equal to Lessor's unit cost for the utilities. Lessee shall pay the cost of utility service provided to the
Premises and attributable to Lessee's use ("Utility Charge "). Lessee shall pay the estimated cost of the
Utility Charge monthly in advance with the Rent. The parties estimate the Utility Charge at the
commencement of construction to be Two Hundred Fifty Dollars ($250.00) per month. . During the
term of this Lease Agreement, at Lessor's request (which request shall not be more frequent than twice),
Lessee shall calculate the actual Utility Charge based on the readings from the privately installed sub -
meter at Lessor's property. If the actual Utility Charge varies from the estimated Utility Charges paid,
the parties shall reconcile past payments of utility charges and adjust future estimates of the Utility
Charge to reflect Lessee's actual usage.
11. Interference with Communications. Lessee's Facilities and operations shall not
interfere with the communications configurations, frequencies or operating equipment which exists on
Lessor's Real Property on the effective date of this Lease Agreement ( "Pre- existing Communications "),
and Lessee's Facilities and operations shall comply with all non - interference rules of the Federal
Communications Commission ("FCC "). Upon written notice from Lessor of apparent interference by
Lessee with Pre - existing Communications, Lessee shall have the responsibility to promptly terminate
such interference or demonstrate to Lessor with competent information that the apparent interference in
fact is not caused by Lessee's Facilities or operations. Lessor shall not, nor shall Lessor permit any other
tenant or occupant of any portion of Lessor's Real Property to, engage in any activities or operations
which interfere with the communications operations of Lessee described in Section 2, above, provided,
however, that Pre- Existing Communications shall not be deemed interference. Interference with Lessee's
communications operations shall be deemed a material breach by Lessor, and Lessor shall have the
responsibility to promptly terminate said interference. hi the event any such interference does not cease
promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee,
and therefore Lessee shall have the right to bring a court action to enjoin such interference or to
terminate this Lease Agreement immediately upon notice to Lessor. Lessor agrees to incorporate
equivalent provisions regarding non - interference with Pre-existing Communications into any subsequent
leases, licenses or rental agreements with other persons or entities for any portions of Lessor's Real
Property.
12. Taxes. Lessee shall pay personal property taxes assessed against Lessee's Facilities, and
Lessor shall pay when due all real property taxes and all other taxes, fees and assessments attributable to
Lessor's Real Property, provided however, that Lessee shall pay any possessory interest taxes levied
against Lessee's interest in the Premises. This provision constitutes written notice to Lessee pursuant to
California Revenue and Taxation Code section 107.
13. Termination. This Lease Agreement may be terminated by Lessee effective
immediately without further liability by delivery of written notice thereof to Lessor prior to the
Commencement Date for any reason resulting from Lessee's Due Diligence, or if a title report obtained
by Lessee for Lessor's Real Property shows any defects of title or any liens or encumbrances which may
adversely affect Lessee's use of the Premises for Lessee's intended use, or for any other or no reason.
Site No.: LA3409A Page 5 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 7 of 47
This Lease may be terminated without further liability on thirty (30) days prior written notice as follows:
(i) by either party upon a default of any covenant, condition, or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee if it does
not obtain licenses, permits or other approvals necessary to the construction or operation of Lessee's
Facilities ( "Permits"), is unable to obtain such Permits without conditions which are not standard or
typical for premises where wireless communications facilities are located or is unable to maintain such
licenses, permits or approvals despite reasonable efforts to do so; (iii) by Lessee if Lessee is unable to
occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory
agency, including, but not limited to, a take back of frequencies; or (iv) by Lessee if Lessee determines
that the Premises are not appropriate for its operations for economic, environmental or technological
reasons, including, without limitation, signal strength or interference.
14. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged
so as in Lessee's judgment to hinder its effective use of Lessor's Property for the ongoing operation of a
wireless communications site, Lessee may elect to terminate this Lease Agreement without further
liability of Lessee as of the date of the damage or destruction by so notifying Lessor no more than thirty
(30) days following the date of damage or destruction. In such event, all rights and obligations of the
parties which do not survive the termination of this Lease Agreement shall cease as of the date of the
damage or destruction.
15. Condemnation. If a condemning authority takes all of Lessor's Real Property, or a
portion which in Lessee's reasonable opinion is sufficient to render the Premises unsuitable for Lessee's
ongoing operation of a wireless communications site, then this Lease Agreement shall terminate without
further liability of Lessee as of the date when possession is delivered to the condemning authority. In
any condemnation proceeding each party shall be entitled to make a claim against the condemning
authority for just compensation recoverable under applicable condemnation law. Sale of all or part of the
Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of
eminent domain shall be treated as a taking by a condemning authority.
16. Insurance. Lessee shall maintain the following insurance: (1) Commercial General
Liability with limits of One Million Dollars ($1,000,000.00) per occurrence, (2) Automobile Liability
with a combined single limit of One Million Dollars ($1,000,000.00) per accident, (3) Workers
Compensation as required by law, and (4) Employer's Liability with limits of One Million Dollars
($1,000,000.00) per occurrence. Lessee shall provide to Lessor a certificate of insurance evidencing the
coverage required by this paragraph prior to entry upon the Premises.
17. Assignments or Transfers. Lessor may assign or transfer this Lease Agreement to any
person or entity without any requirement for prior approval by Lessee, provided that such assignee or
transferee agrees in writing to fulfill the duties and obligations of the Lessor in said Lease Agreement,
including the obligation to respect Lessee's rights to nondisturbance and quiet enjoyment of the Premises
during the remainder of the Term and any Renewal Term hereof. Lessee may assign or transfer this
Lease Agreement without prior approval by Lessor to any of Lessee's partners, shareholders, members,
subsidiaries, or affiliates, to any entity in which Lessee or any of its affiliates holds an ownership
interest, or to a person or entity acquiring by purchase, merger or operation of law a majority of the value
of the assets of Lessee or to any entity whose business is the ownership of telecommunication towers.
Lessee shall not assign or transfer this Lease Agreement to any other person or entity without the prior
written approval of Lessor, which approval shall not be unreasonably withheld, conditioned, or delayed.
Lessee may assign or transfer this Lease Agreement upon written notice to Lessor provided that any such
Site No.: LA3409A Page 6 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
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assignee assumes all of Lessee's obligations hereunder. Notwithstanding anything to the contrary
contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer
without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing
entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has
obligations evidenced by loans, bonds, debentures, notes or similar instruments, or (iii) has obligations
under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of
guaranties thereof.
18. Subleases. Lessee shall have no right to sublet, sublicense or otherwise transfer all or
any part of the Premises except as provided in Section 17.
19. Nondisturbance and Quiet Enioyment; Subordination; Estoppel Certificates.
(a) Lessor represents that Lessor owns the Lessor's Real Property in fee simple and
has rights of access thereto and that Lessor's Real Property is free and clear of all liens, encumbrances
and restrictions except those of record as of the date of this Lease Agreement.
(b) So long as Lessee is not in default under this Lease Agreement, Lessee shall be
entitled to quiet enjoyment of the Premises during the term of this Lease Agreement or any Renewal
Term, and Lessee shall not be disturbed in its occupancy and use of the Premises.
(c) This Lease Agreement shall be subordinate to each and every deed of trust,
mortgage or other security instrument which may now or hereafter affect Lessor's Real Property and to
any renewals, extensions, supplements, amendments, modifications or replacements thereof. In
confirmation of such subordination, Lessee shall execute and deliver promptly any certificate of
subordination that Lessor may reasonably request, provided that such certificate acknowledges that this
Lease Agreement remains in full force and effect, recognizes Lessee's right to nondisturbance and quiet
enjoyment of the Premises so long as Lessee is not in default under this Lease Agreement, only contains
true and accurate statements and Lessee's liability shall be capped at the remaining rent under this Lease
Agreement. If any mortgagee or lender succeeds to Lessor's interest in Lessor's Real Property through a
foreclosure proceeding or by a deed in lieu of foreclosure, Lessee shall attorn to and recognize such
successor as Lessor under this Lease Agreement.
(d) At any time upon not less than ten (10) days' prior written notice by Lessor,
Lessee shall execute, acknowledge and deliver to Lessor or any other party specified by Lessor a
statement in writing certifying that this Lease Agreement is in full force and effect, if true, and the status
of any continuing defaults under this Lease Agreement.
20. Indemnifications.
(a) Lessee's Indemnity. Lessee shall indemnify, defend, and hold Lessor, its
employees, successors and assigns harmless from and against any and all loss, cost, claim, liability,
action, damage, injury to or death of any person (including reasonable attorneys' fees) ( "Claims "),
arising out of or connected with Lessee's or its agent's, contractor's, guest's or invitee's use of the
Premises, except to the extent Claims arise out of (i) the sole negligence or willful misconduct of Lessor,
its employees, successors and assigns; (ii) violation of law by Lessor that is the sole cause of the damage;
or (iii) breach of any duty or obligation by Lessor under this Lease Agreement that is the sole cause of
the damage.
Site No.: LA3409A Page 7 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 9 of 47
(b) Lessor's Indemnity. Lessor shall indemnify, defend, and hold Lessee, its
employees, successors and assigns harmless from and against any and all Claims, arising out of or
connected with Lessor's Real Property to the extent caused solely by Lessor due to (i) the negligence or
willful misconduct of Lessor, (ii) violation of law by Lessor; or (iii) breach of any duty or obligation by
Lessor under this Lease Agreement.
(c) Survival of Indemnity Provisions. The indemnity provisions of this section
shall survive the expiration, cancellation or expiration of this Lease Agreement.
21. Hazardous Materials. Lessee agrees that it will not use, generate, store or dispose of
any Hazardous Material on, under, about or within the Lessor's Real Property in violation of any law or
regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge,
any third parry has used, generated, stored or disposed of, or permitted the use, generation, storage or
disposal of, any Hazardous Material (defined below) on, under, about or within Lessor's Real Property in
violation of any law or regulation, and (2) that Lessor will not, and will not permit any third parry to use,
generate, store or dispose of any Hazardous Material on, under, about or within Lessor's Real Property in
violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless
the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities,
claims and /or costs (including reasonable attorneys' fees and costs) arising from any breach of any
representation, warranty or agreement contained in this paragraph. As used in this paragraph,
"Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by
the state in which Lessor's Real Property is located to cause cancer and /or reproductive toxicity, and /or
any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement.
22. Notices and Deliveries. Any notice or demand required to be given herein shall be
made by certified or registered mail, return receipt requested, or reliable overnight delivery service to the
address of the respective parties set forth below:
Lessor: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530 -4109
Attn: City Manager
Telephone: (951) 673 -3124
With a copy to: Director of Parks and Recreation
130 S. Main Street
Lake Elsinore, CA 92530 -4109
Lessee: Royal Street Communications California, LLC
2913 El Camino Real # 561
Tustin, CA 92782
Attn: Property Manager
Telephone: (714) 730 -3100
Site No.: LA3409A Page 8 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 10 of 47
With a copy to: Royal Street Communications
2435 N. Central Expressway, #1200
Richardson, TX 75080
Attn: Property Manager
Lessor or Lessee may from time to time designate any other address for notices or deliveries by written
notice to the other party.
23. Miscellaneous.
(a) Severability. If any provision of the Lease Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this Lease
Agreement or the application of such provision to persons other than those as to whom it is held invalid
or unenforceable shall not be affected, each provision of this Lease Agreement shall be valid and
enforceable to the fullest extent permitted by law, and the parties shall negotiate in good faith to amend
this Lease Agreement to retain the economic effect of the invalid or unenforceable provisions.
(b) Binding Effect. Each party represents and warrants that said party has full
power and authority, and the person(s) executing this Lease Agreement have full power and authority, to
execute and deliver this Lease Agreement, and that this Lease Agreement constitutes a valid and binding
obligation of each party, enforceable in accordance with its terms, except as enforceability may be
limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting the
enforcement of creditor's rights generally and by general equitable principles (whether enforcement is
sought in proceedings in equity or at law). This Lease Agreement shall be binding on and inure to the
benefit of the successors and permitted assignees of the respective parties.
(c) Waivers. No provision of this Lease Agreement shall be deemed to have been
waived by a party unless the waiver is in writing and signed by the party against whom enforcement of
the waiver is attempted. No custom or practice which may develop between the parties in the
implementation or administration of the terms of this Lease Agreement shall be construed to waive or
lessen any right to insist upon strict performance of the terms of this Lease Agreement.
(d) Governing Law. This Lease shall be governed by and construed in accordance
with the laws of the State in which the Premises are located.
(e) Attorneys' Fees and Costs. The prevailing party in any legal claim arising
hereunder shall be entitled to its reasonable attorneys' fees and court costs.
(f) Survival. Terms and conditions of this Lease Agreement which by their sense
and context survive the termination, cancellation or expiration of this Lease Agreement will so survive.
(g) Memorandum of Lease. Lessor acknowledges that a Memorandum of
Agreement substantially in the form annexed hereto as Exhibit C will be recorded by Lessee in the
Official Records of the County where the Property is located.
(h) Entire Agreement: Amendments. This Lease Agreement constitutes the entire
agreement and understanding between the parties regarding Lessee's lease of the Premises and
supersedes all prior and contemporaneous offers, negotiations and other agreements concerning the
Site No.: LA3409A Page 9 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 11 of 47
subject matter contained herein. There are no representations or understandings of any kind not set forth
herein. Any amendments to this Lease Agreement must be in writing and executed by duly authorized
representatives of both parties.
(i) No Presumptions Regarding Preparation of Lease Agreement. The parties
acknowledge and agree that each of the parties has been represented by counsel or has had full
opporhmity to consult with counsel and that each of the parties has participated in the negotiation and
drafting of this Lease Agreement. Accordingly it is the intention and agreement of the parties that the
language, terms and conditions of this Lease Agreement are not to be construed in any way against or in
favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in
connection with the preparation of this Lease Agreement.
(SIGNATURE PAGE FOLLOWS]
Site No.: LA3409A Page 10 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 12 of 47
IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by
their duly authorized representatives on the dates set forth below and acknowledge that this Lease
Agreement is effective as of the date first above written.
LESSOR:
The City of Lake Elsinore,
a California Municipal Corporation
By:
Robert Brady, City Manager
Date
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
LESSEE:
Royal Street Communications California, LLC,
a Delaware limited liability comp
By:
(sisat1 h tine Bryden
Print NameNetwork Development Manager
Title: y
Date:
Site No.: LA3409A Page I I of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Item No. 6
Page 13 of 47
1W4 n YiI\
DESCRIPTION OF LESSOR'S REAL PROPERTY
to the Lease Agreement dated 2009, by and between the City of Lake
Elsinore, as Lessor, and Royal Street Communications California, LLC, a Delaware limited liability
company, as Lessee.
Lessor's Property of which Premises are a part is described as follows:
Assessor's Parcel Number: 391 - 830 -011
All that certain real property located in the County of Riverside, State of California, being more
particularly described as follows: a portion of
Parcel 4 of Parcel Map 25347 as shown by map on file in book 162 pages 76 through 78, inclusive of Parcel Maps,
records of Riverside County.
Excepting therefrom those portions conveyed to the Riverside County Flood Control and Water Conservation District by
deeds recorded March 13, 2002 as Instnunent No. 02- 129208 and 02- 129209 of Official Records.
(End of Legal Desentuton)
as shown on Exhibit B.
Site No.: LA3409A
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Page 12 of 15
SNIT /9�
Agenda Item
Page 14 of 47
EXHIBIT B
DESCRIPTION OF PREMISES
to the Lease Agreement dated 1 2009, by and between the City of Lake
Elsinore„ as Lessor, and Royal Street Communications California, LLC, a Delaware limited liability
company, as Lessee.
The Premises consist of those specific areas described/shown below or attached where Lessee's lease
area, light pole, conduits, equipment and cables occupy Lessor's Real Property. The Premises and the
associated utility connections and access, including easements, ingress, egress, dimensions, and locations
as described/shown, are approximate only and may be adjusted or changed by Lessee at the time of
construction to reasonably accommodate sound engineering criteria and the physical features of Lessor's
Real Property.
See the attached drawings dated 1.29.09, Sheets C -I and C -2 and drawings dated 2.26.09, Sheets A -1, A-
2, A -3 and A -4, identified with Site Name: McVicker Light Pole and Site Number: LA3409A, prepared
by Connell Design Group, LLC.
In addition to the approximately 300 square feet depicted on the attached drawings, the Premises also
includes any necessary airspace for antennas and support structures.
(A final drawing or copy of a property survey or site plan depicting the above
shall replace this Exhibit B when initialed by Lessor or Lessor's designated agent
and may be modified from time to time when initialed by both Lessor and Lessee)
Site No.: LA3409A Page 13 of 15
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Agenda Ite
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EXHIBIT C
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Royal Street Communications California, LLC
ADDRESS
ADDRESS
Attn.: Property Manager
This Memorandum of Agreement is entered into on this day of _, by
and between the City of Lake Elsinore, a(an) , with an office at 130 S. Main Street, Lake
Elsinore, CA, 92530 -4109 (hereinafter referred to as "Lessor "), and Royal Street Communications California, LLC,
a Delaware limited liability company, with an office at 2913 El Camino Real, 9 561, Tustin, CA 92782 (hereinafter
referred to as "Lessee ").
Lessor and Lessee entered into a Communications Site Lease Agreement [ "Agreement'] on the _
day of , for the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on , or
whichever first occurs ( "Commencement Date ") and terminating on the
anniversary of the Commencement Date, with _ O successive five (5) year
options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year
first above written
LESSOR:
the City of Lake Elsinore,
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
Site No.: LA3409A
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
LESSEE:
Royal Street Communications California, LLC,
a Delaware limited liability company
By: _
Name:
Title:
Date:
Page 14 of 15
Agenda Item No. 6
Page 22 of 47
State of California
County of
0
before me, Notary Public personally appeared
on the basis of satisfactory evidence to be the person(s) whose name(s)
instrument and acknowledged to me that he /she /they executed the s
capacity(ies), and that by his/her /their signature(s) on the instrument th e
behalf of which the person(s) acted, executed the instrument.
who proved to me
is /are subscribed to the within
ame in his/her /their authorized
person(s), or the entity upon
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
State of California
County of
On
before me, Notary Public personally appeared
who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Site No.: LA3409A
Site Address: 29355 Grand Ave., Lake Elsinore, CA, 92530
Execution Copy 3.31.09
Page 15 of 15
Agenda Item No. 6
Page 23 of 47
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
Project Request
DREAM EXTREMEn
REPORT TO THE PLANNING COMMISSION
HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
TOM WEINER,
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
APRIL 21, 2009
CONDITIONAL USE PERMIT NO. 2008 -21 AND A MINOR
DESIGN REVIEW — FOR THE DESIGN OF A MONO -LIGHT
POLE STRUCTURE
ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC.,
2913 EL CAMINO REAL, STE.561, TUSTIN, CA 92782
CITY OF LAKE ELSINORE, 130 S. MAIN STREET, LAKE
ELSINORE, CA 92530
The applicant is requesting a Conditional Use Permit and Minor Design Review for the
design of six (6) antennae panels to be located on an existing ball field light pole at an
approximate height of seventy feet (70'), one (1) microwave antenna and one (1) GPS
antenna. Review is pursuant to Chapter 17.184 (Design Review), Chapter 17.168
(Conditional Use Permit) and the Public Institutional Section of the Land Use Element of
the Lake Elsinore General Plan.
Proiect Location
The project site is located in McVicker Park at the southwest corner of McVicker
Canyon Park Road and Grand Avenue, Assessor Parcel Number (APN) 391 - 830 -011.
ry+n .en�a It No. 6
PAWS' j o�
Planning Commission Staff Report
Conditional Use Permit No. 2008 -21 and a Minor Design Review
April 21, 2009
Environmental Setting
Background
Royal Street Communications is proposing to construct a wireless antenna facility and
replace an existing ball field light pole located at the McVicker Park site so as to provide
cellular telephone coverage to the residential development surrounding McVicker
Canyon Park Road and Grand Avenue.
The project site has a land use designation of Public Institutional. The Lake Elsinore
Municipal Code (LEMC) recognizes that certain uses may require outdoor operation
and /or have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses shall require a Conditional Use
Permit pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.168 (Conditional
Use Permits).
Project Description
The proposed unmanned wireless telecommunication facility will replace an existing ball
field light pole at the McVicker Park site and will consist of the following improvements:
• An ultimate 80 -foot tall light pole will be disguised as a mono -light pole
tower with six (6) antennae panels to be located at an approximate height
of seventy feet (70').
• One two -foot (2') diameter microwave dish to be located on the mono -light
pole tower which provides linkage to landline telephone service.
• One '(1) GPS antenna to be located on the mono -light pole tower for
emergency -911 compliance.
kGEfbD,r1,Agpy*.Ite No.6
PAGE
EX1STlNC-
ZON1N
OENEl t PLIN
_x
AND USE `
Project
k(
McVicker Park
PI (Public Institutional)
Public Institutional
Site
Site
North
Single Family
R -1 (Single Family
La Laguna Specific Plan
Residential
Residential)
South
Vacant and
R -1 (Single Family
Low Density (LD) and Low
Single Family
Residential)
Medium Density (LMD)
Residential
Residential
West
Fire Station
PI (Public Institutional
Public Institutional
East
Single Family
R -1 (Single Family
Low Medium Density
Residential
Residential)
I Residential (LMD)
Background
Royal Street Communications is proposing to construct a wireless antenna facility and
replace an existing ball field light pole located at the McVicker Park site so as to provide
cellular telephone coverage to the residential development surrounding McVicker
Canyon Park Road and Grand Avenue.
The project site has a land use designation of Public Institutional. The Lake Elsinore
Municipal Code (LEMC) recognizes that certain uses may require outdoor operation
and /or have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses shall require a Conditional Use
Permit pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.168 (Conditional
Use Permits).
Project Description
The proposed unmanned wireless telecommunication facility will replace an existing ball
field light pole at the McVicker Park site and will consist of the following improvements:
• An ultimate 80 -foot tall light pole will be disguised as a mono -light pole
tower with six (6) antennae panels to be located at an approximate height
of seventy feet (70').
• One two -foot (2') diameter microwave dish to be located on the mono -light
pole tower which provides linkage to landline telephone service.
• One '(1) GPS antenna to be located on the mono -light pole tower for
emergency -911 compliance.
kGEfbD,r1,Agpy*.Ite No.6
PAGE
Planning Commission Staff Report
Conditional Use Permit No. 2008 -21 and a Minor Design Review
April 21, 2009
• Coaxial lines connecting the tower antennas to an equipment shelter.
• Four (4) equipment cabinets housing electronic equipment are proposed
within the within the quipment enclosure area.
• One (1) temporary generator that will provide power during outage
periods.
The enclosure area containing the facility equipment will be screened and secured
within a proposed 8'0" tall masonry wall. A four foot (4') wide access gate will be located
along the north side of the enclosure area. Climbing vines will be planted against the
masonry walls and low shrubs and ground cover will be planted in areas surrounding
the walls so as to grow on and soften the appearance of the walls.
Analysis
1. Facility Site: The proposed site plan meets all applicable standards and criteria
outlined in the zoning district of the LEMC and the Land Use Element of the Lake
Elsinore General Plan.
2. Transmission /Calling Coverage: After extensive research regarding potential site
placement and opportunity for co- location, 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 feet (60') and
extending as high as sixty eight feet (68'). The ultimate height of the mono -light pole
is approximately eighty feet (80'). It should be noted that the mono -light pole will
replace an existing ball field light pole, and the proposed height is the same as the
other remaining ball field lights. Staff believes the proposed tower height and design
meets the intent of the LEMC 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.
4. Stealthing Improvements: The proposed mono -light pole tower will function in
operation and design as a ball field light pole. Appearance and character will serve to
conceal the antennas from view as much as possible.
5. Decorative Fencing: The proposed equipment will be housed within a block wall
area.
6. Landscaping: Staff believes the proposed masonry screen walls, wall vines and
foundation plantings will all serve to screen the ground mounted equipment from
view.
/ OLa Fi i1Agen�da I m No. 6
Planning Commission Staff Report
Conditional Use Permit No. 2008 -21 and a Minor Design Review
April 21, 2009
7. 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
Wireless 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. The applicant is
proposing to place a backup power generator onsite which would only be utilized
during power outages. Staff has added a recommended condition of approval
requiring that the generator comply with City Noise Ordinance provisions.
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
It is recommended that the Planning Commission adopt Resolution No. 2009 -_
approving Conditional Use Permit No. 2008 -21 and Resolution No. 2009 -_ approving
a Minor Design Review for the design of a Wireless Mono -Light Pole Cellular Tower.
This recommendation is based on the findings, exhibits and conditions of approval
attached to this Staff Report.
PREPARED BY: Kirt A. Coury,'�G
Project Planner
APPROVED BY: Tom Weiner
Acting Director of Community Development
Attachments
1. Vicinity Map
2. Resolution No. 2009 -_ approving Conditional Use Permit No. 2008 -21
3. Resolution No. 2009 -_ approving a Minor Design Review for the design of a
Wireless Mono -Light Pole Cellular Tower
4. Conditions of Approval
5. Signed Acknowledgement of Conditions Form
6. Exhibits:
'A': Site Plan (reduction)
'B': Enlarged Site Plan (reduction)
'C': Elevations (reduction)
'D': Conceptual Landscape Plan
E': Color Photo Simulations
F': Full Size Plans
f,OI:t;DXA iTE9, tt�. a I No. 6
PitCE Pa
VICINITY MAP
CUP 2008 -21
MINOR DESIGN REVIEW
APN 391 - 830 -011
PLANNING COMMISSION
21 APRIL 2009
Agenda Item 6
AGENDA EMbfit2& A7 —
PASE. .S 837 d-2
RESOLUTION NO. 2009-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008 -21
WHEREAS, Royal Street Communications, California, LLC., has initiated
proceedings for Conditional Use Permit No. 2008 -21, for the design and construction of
an eighty foot (80') tall cellular mono -light pole antenna tower, and equipment located at
a ball field within McVicker Park, (Assessor Parcel Number 391 - 830 -011) (the "Project ");
and
WHEREAS, 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 April 21, 2009, 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 Project.
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 -21 prior to rendering its decision and finds that the requirements of Chapters
17.168 and 17.184 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.:
"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."
Agenda e_2oa6
AGE t` A a € Ee
PLANNING COMMISSION RESOLUTION NO. 2009 -_
PAGE 2 OF 4
The mono -light pole antenna tower, equipment and improvements qualify for a
Class 3 exemption because they involve the construction of one new light pole, which is
a small facility and structure, on an existing ball park.
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 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 -21:
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. Furthermore, the proposed land use 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 and maintenance of the
facility, regulations of points of vehicular ingress and egress and control of
potential nuisances, so as to eliminate any negative impacts to the 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.
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 eighty foot (80) tall structure will not be
incompatible with existing and planned surrounding land uses on adjacent
Agenda Item No. 6
AOEfi A €TET.?@9e of 47
pA(;q 1 b 3
PLANNING COMMISSION RESOLUTION NO. 2009-_
PAGE 3OF4
properties. Moreover, the facility has been designed as and will function as a ball
field light pole at a height consistent with the other ball field lights..
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 17.184.070 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 the Lake Elsinore Municipal Code, the proposed telecommunications
facility has been scheduled for consideration and approval of the Planning
Commission at the regularly scheduled meeting on April 21, 2009.
SECTION 4. Based upon the evidence presented, the above findings, and the
conditions of approval, the Planning Commission hereby approves Conditional Use
Permit 2008 -21.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 21St day of April 2009, by the
following vote:
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Item No. 6
I°tGEND- A, ffErti HPag@a1 of 4Z
PLANNING COMMISSION RESOLUTION NO. 2009 -_
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. 2009- was adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21St
day of April 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tom Weiner
Acting Director of Community Development
A enda IteT No. 6
iL
AOE€ I . . - E L D
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN
REVIEW FOR THE DESIGN AND CONSTRUCTION OF A VERIZON
MONOPINE WIRELESS ANTENNA TOWER FACILITY
WHEREAS, Royal Street Communications, California, LLC., has initiated
proceedings for a Minor Design Review for the design and construction of an eighty foot
(80') tall cellular mono -light pole antenna tower, equipment and associated
improvements located at a ball field within McVicker Park, (Assessor Parcel Number
391 - 830 -011) (the "Project "); 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 April 21, 2009, 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 Project.
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 design for
the Project and has found it acceptable. The Planning Commission finds that the
requirements of Chapters 17.74 and 17.82 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.:
"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 mono -light pole antenna tower, equipment and improvements qualify for a
Class 3 exemption because they involve the construction of one new light pole, which is
a small facility and structure, on an existing ball park.
None of the exceptions to the categorical exemptions set forth in CEQA
Guidelines section 15300.2 applies here. The improvements will not result in damage to
scenic resources, including trees (except those dead or dying), and is not located on
Agenda Item No. 6
AGENDA € i E a Rage 33 of 47
PAGf 10 OF D-2-
PLANNING COMMISSION RESOLUTION NO. 2009-
PAGE 2 OF 4
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 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 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.
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 a
camouflage design have been provided thereby creating interest and varying
vistas as a person moves along abutting streets. Further, the project, as
proposed, 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 has been camouflaged as a ball
field light pole.
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.
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
Agenda Item No. 6
AGriNLtAY70', f �
PAGq II OF 3a
PLANNING COMMISSION RESOLUTION NO. 2009-_
PAGE 3 OF 4
incorporated into the approval of the Project to ensure development of the
property in accordance with the objectives of Chapter 17.184.
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 April 21, 2009.
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 this 21St day of April 2009, by the
following vote:
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Item No. 6
AGENDA €TEE tageXof 47
pmk I�
PLANNING COMMISSION RESOLUTION NO. 2009-_
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. 2009- was adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21St
day of April 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
Tom Weiner
Acting Director of Community Development
Agenda Item No. 6
AcFj,c � i € -m`41 d?! g 6 of 47
PEE, 3 �a
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2008 -21
AND A MINOR DESIGN REVIEW FOR
"ROYAL STREET COMMUNICATIONS
MONOLIGHT POLE 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 project attached hereto.
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 of the LEMC.
3. Conditional Use Permit No. 2008 -21 shall lapse and shall become void two (2) years
following the date on which the use permit became effective, unless prior to the
expiration, 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 (LEMC).
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 shall remove
the facility and convert the site to its original condition.
8. The applicant agrees to allow co- location of other antenna equipment by other wireless
communication carriers at this site when considered feasible subject to an agreement
between the applicant, other carriers and the property owners.
9. 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.
Planning Commission
Agenda Item No. 6
AGENDA iTEM ft e 7 of 47
PAGDE 14 &�s t IN o
Conditions of Approval
Page 2 of 3
Conditional Use Permit No. 2008 -21
and a Minor Design Review for — Royal Street Communications
10. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare
onto neighboring property.
11.The proposed mono -light pole structure shall be reviewed and approved by the
Community Development Director or designee prior to issuance of grading or building
permits.
PRIOR TO BUILDING PERMITS
12.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water
District. Proof shall be presented to the Senior Building Inspector prior to issuance of
building permits and final approval.
13. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
14.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site
identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00
P.M., Monday through Friday with no construction activity to occur on Saturdays,
Sundays or legal holidays) and a statement that complaints regarding the operation can
be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124.
The sign shall be installed prior to the issuance of a grading permit.
ENGINEERING DIVISION
15.The applicant shall obtain an encroachment permit for any work performed in public
right -of -way.
16. The applicant shall obtain permission from adjacent property owners prior to grading or
encroaching onto properties not part of this project.
17. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid
prior to issuance of building permit.
18.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.
19. The applicant shall obtain and record a utility and /or access easements to the facility if
access to the site crosses separately owned properties.
Planning Commission
,, • ,� . ,,: ►, a :•
Conditions of Approval
Page 3 of 3
Conditional Use Permit No. 2008 -21
and a Minor Design Review for — Royal Street Communications
20. Drainage shall be conveyed to the public right of way.
21.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.
22. 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.
COMMUNITY SERVICES DEPARTMENT
23.The applicant shall ensure the equipment enclosure's interior and exterior walls are kept
in good repair and graffiti free. Should it become necessary, the applicant authorizes
city personnel to remove graffiti at its discretion.
Planning Commission
Agenda Item No. 6
AGENDA FlFE?FA9@ 8 f
PACE_ ° a 2-
CITY OF i/`�,
LADE C LSINOP E
- -�_` DREAM EXTREME-
ACKNOWLEDGMENT OF
"DRAFT" CONDITIONS OF
APPROVAL
Subject: Conditional Use Permit No. 2008 -21 and a Minor Design Review for
the design and construction of wireless antennae mono -light pole at
an ultimate height of eighty feet (80') with equipment shelter
improvements. The existing light pole structure is located at a ball
field at McVicker Park located at the southwest corner of McVicker
Canyon Park Road and Grand Avenue.
I hereby state that I have read and acknowledge the Draft Conditions of Approval
and do hereby agree to accept and abide by all final 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
17.180 of the Lake Elsinore Municipal Code (LEMC).
Date: Applicant's Signature:
Print Name:
Address:
Phone Number:
AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT
RECEIVED THE SIGNED ACKNOWLEDGMENT FORM.
Agenda Item No. 6
AGENDA ti -tc.?g age of 47
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Agenda Item _No. _6_
Page 46 of 47