HomeMy WebLinkAboutPC Reso No 2011-10RESOLUTION NO. 2011 -10
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN
REVIEW FOR THE T- MOBILE TELECOMMUNICATIONS FACILITY AT
THE TUSCANY HILLS PARK
WHEREAS, T- Mobile West Corporation (the "Developer"), filed an application
with the City of Lake Elsinore requesting approval of a Minor Design Review ( "the
Design "), in conjunction with Conditional Use Permit No. 2010 -06, which are
collectively referred to herein as the "Project'; and
WHEREAS, the Developer proposes the Project on a leased portion of property
located at the Tuscany Hills Park, at the northwest corner of Summerhill Drive and La
Strada, and known as Assessor's Parcel No. 349 - 280 -035 (the "Site "); and
WHEREAS, the Developer proposes to construct a seventy one foot (71') tall
monopole wireless telecommunications tower and an unmanned, 360 square foot
enclosed equipment storage facility on the Site; and
WHEREAS, in accordance with the California Environmental Quality Act
(California Public Resources Code Section 21000 et seq.: "CEQA "), the State CEQA
Guidelines (Title 14, California Code of Regulations Section 15000 et seq.: "CEQA
Guidelines "), the Project is categorically exempt from CEQA and the CEQA Guidelines
pursuant to a Class 3 categorical exemption for new construction or conversion of
small structures; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and making decisions regarding minor
design reviews, conditional use permits, and monopole applications in the City; and
WHEREAS, notice of the Design and Project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on April 19, 2011.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered a Minor Design
Review for the T- Mobile telecommunications facility at the Tuscany Hills Park prior to
making a decision and has found it acceptable.
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.:
PLANNING COMMISSION RESOLUTION NO. 2011 -10
PAGE 2OF4
"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 proposed monopole wireless telecommunications tower, equipment shelter,
screen fencing and associated 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 City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for a Minor Design Review for
a telecommunications facility at the Tuscany Hills Park:
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 in the general area.
2. The project complies with the design directives contained in the LEMC
17.184.060 and all other applicable provisions of the 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. Further, the project, as
conditioned, will compliment the quality of existing development and will create
a visually pleasing, non - detractive relationship between the proposed
PLANNING COMMISSION RESOLUTION NO. 2011 -10
PAGE 3 OF 4
development and existing projects in that the cellular tower will be stealth in
design and blend into the existing environment.
3. Conditions and safeguards pursuant to LEMC 17.184.070, including
guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development of
the property in accordance with the objectives of this chapter and the planning
district in which the Site is located.
Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the
Project has been scheduled for consideration and approval of the Planning
Commission on April 19, 2011.
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to the resolution approving Conditional Use Permit
No. 2010 -06, the Planning Commission hereby approves a Minor Design Review for
the telecommunications facility at the Tuscany Hills Park.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2011.
John Gonzales, airman
City of Lake Elsinore
ATTEST:
obert A. Brady
ity Manager
PLANNING COMMISSION RESOLUTION NO. 2011 -10
PAGE 4OF4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Robert A. Brady, City Manager of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2011 -10 as adopted by the Planning Commission of the City
of Lake Elsinore at a regular meeting held on the 19 day of April 2011, and that the
same was adopted by the following vote:
AYES: CHAIRMAN GONZALES, COMMISSIONER JORDAN,
COMMISSIONER MORSCH, COMMISSIONER O'NEAL
NOES: NONE
ABSENT: COMMISSIONER MENDOZA
ABSTAIN: NONE
obert A. Brady
City Manager
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2010-06
AND A MINOR DESIGN REVIEW FOR
"T- MOBILE WEST CORPORATION"
MONOLIGHT POLE CELLULAR TOWER
LOCATED AT THE TUSCANY HILLS PARK
General Conditions
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
applicable provisions of the Lake Elsinore Municipal Code (LEMC).
3. Conditional Use Permit No. 2010 -06 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 City's Noise Ordinance contained in Chapter
17.176 of the 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 or property
owner shall remove the facility and convert the site to its original condition.
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. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare
onto neighboring property.
Planning Commission Aproved
April 19, 2011
Conditions of Approval
Page 2 of 3
Conditional Use Permit No. 2010 -06
and a Minor Design Review for— T- Mobile West Corporation
10. The proposed mono -light pole structure and equipment shelter area (including walls and
landscaping) shall be reviewed and approved by the Community Development Director
or designee prior to issuance of grading or building permits.
PRIOR TO BUILDING PERMITS
11.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.
12. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
13. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Environmental Health Department have been
met.
14. Prior to issuance of building permits, applicant shall pay all appropriate fees.
15.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
16.The applicant shall obtain an encroachment permit 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.
Planning Commission Approved
April 19, 2011
Conditions of Approval
Page 3 of 3
Conditional Use Permit No. 2010 -06
and a Minor Design Review for —T- Mobile West Corporation
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.
COMMUNITY SERVICES DEPARTMENT
24. 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.
25. The applicant shall obtain written lease agreement approval for the identified facility and
equipment to be located at the Tuscany Hills Park site prior to the issuance a building
permit.
Planning Commission Approved
April 19, 2011