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HomeMy WebLinkAboutPC Reso No 2011-12RESOLUTION NO. 2011 -12 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE AT &T MOBILITY TELECOMMUNICATIONS FACILITY AT 28555 CIELITO DRIVE WHEREAS, AT &T Mobility (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 -09, which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on a leased portion of property located at 28555 Cielito Drive, on the west side of Cielito Drive, and north of Running Deer Road, and known as Assessor's Parcel Nos. 389 - 290 -001 (the "Site'); and WHEREAS, the Developer proposes to construct a thirty foort (30') tall monopine wireless telecommunications tower and an unmanned, 230 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 AT &T Mobility Telecommunications Facility at 28555 Cielito Drive 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 -12 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 monopine 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 28555 Cielito Drive: 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 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. 2011-12 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 -09, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility at 28555 Cielito Drive. 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. 6'� '-�p ' e" ' I" John Gonzales, airman City of Lake Einore ATTEST: bert A. Brady ity Manager PLANNING COMMISSION RESOLUTION NO. 2011 -12 PAGE 4 OF 4 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 -12 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: VICE CHAIRMAN MENDOZA ABSTAIN: NONE obert A. Brady City Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2010-09 AND A MINOR DESIGN REVIEW FOR "AT &T WIRELESS COMMUNICATIONS" MONOPINE CELLULAR TOWER FACILITY LOCATED AT 28555 CIELITO DRIVE 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 -09 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 agrees to allow co- location of other antenna equipment by other wireless communication carriers at this site and it is considered feasible, subject to agreements between the applicant, other carriers and the property owner's terms. 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 Approved April 19, 2011 Conditions of Approval Page 2 of 3 Conditional Use Permit No. 2010 -09 and a Minor Design Review for —AT &T Wireless 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 applicant shall provide a wrought iron fence (or upgraded material) and prefabricated shelter screening the equipment area subject to the review and approval of the Community Development Director or designee. 12.The proposed monopine structure shall have branches and material which thoroughly conceal and stealth the newly added antenna panels and shall be reviewed and approved by the Community Development Director or designee prior to issuance of grading or building permits. Prior to Building Permits 13.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 14. Prior to issuance of building permit's, applicant shall provide assurance that all requirements of the Riverside County Environmental Health Department have been met. 15. Prior to issuance of building permits, applicant shall pay all appropriate fees. 16.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 17.The applicant shall obtain an encroachment permit for any work performed in public right of way. 18. The applicant shall obtain permission from adjacent property owners prior to grading or encroaching onto properties not part of this project. Planning Commission Approved April 19, 2011 Conditions of Approval Page 3 of 3 Conditional Use Permit No. 2010 -09 and a Minor Design Review for —AT &T Wireless Communications 19. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. 20. 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. 21.The applicant shall obtain and record utility and /or access easements to the facility if access to the site crosses separately owned properties. 22. Drainage shall be conveyed to the public right of way. 23. 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. 24. 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 25. 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 Approved April 19, 2011