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HomeMy WebLinkAboutPC Reso No 2011-31RESOLUTION NO. 2011 -31 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011 -02 WHEREAS, Metro PCS (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2011 -02 (the "CUP "), in conjunction with a Minor Design Review ( "the Design "), which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on a leased portion of property located at 506 West Graham Avenue, at the southwest corner of Graham Avenue and Lindsay Street, and known as Assessor's Parcel No. 374 - 251 -014 (the "Site "); and WHEREAS, the Developer proposes to construct a wireless telecommunications facility on the roof of an existing building on the Site; and WHEREAS, the Planning Commission desires to permit the construction and operation of a wireless telecommunications facility on the Site subject to the issuance of a conditional use permit; and WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code provides that certain uses have operational characteristics that, depending on 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 reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, notice of the 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 September 6, 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 Conditional Use Permit No. 2011 -02 for the Metro PCS Telecommunications Facility 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 PLANNING COMMISSION RESOLUTION NO. 2011- 31 PAGE 2OF5 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 proposed wireless telecommunication facility equipment, towers, screen walls 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 the approval of Conditional Use Permit No. 2011 -02: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the Site is located. Issuance of this Conditional Use Permit will facilitate and improve wireless communication coverage for the general public and City of Lake Elsinore residents in the general area. Furthermore, the proposed land use and conditioned design conforms to the objectives of the General Plan. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies have been afforded the opportunity to review the Conditional Use Permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation, design and maintenance, regulations of points of vehicular ingress and egress and control PLANNING COMMISSION RESOLUTION NO. 2011- 31 PAGE 3 OF 5 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 by this title. 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 and screening have all been incorporated into the design of the facility to ensure that the proposed 30 foot tall structure will not be incompatible with existing and planned surrounding land uses on adjacent properties. Moreover, the facility has been conditioned to be designed with camouflage techniques and improvements to enhance its aesthetics. 4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. Conditions have been applied relating to the installation and maintenance of the facility and regulations of points of vehicular ingress and egress, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 5. In approving the subject use at the specific location, there will be no adverse effect 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. 6. Adequate conditions and safeguards pursuant to LEMC 17.168.050 have been incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to the LEMC, the proposed telecommunications facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on September 6, 2011. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the Planning Commission hereby approves Conditional Use Permit No. 2011 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2011 -31 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED this 6th day of September, 2011. Shell an, Chairperson City of Lake Elsinore ATTEST: /lert A. Br dy City Manager PLANNING COMMISSION RESOLUTION NO. 2011- 31 PAGE 5 OF 5 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 -31 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6 th day of September 2011, and that the same was adopted by the following vote: AYES: CHAIRPERSON JORDAN, VICE CHAIRPERSON O'NEAL, COMMISSIONER GONZALES, COMMISSIONER MORSCH NOES: NONE ABSENT: COMMISSIONER MEN ABSTAIN: NONE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2011-02 AND A MINOR DESIGN REVIEW FOR METRO PCS CELLULAR TOWER FACILITY LOCATED AT 506 WEST GRAHAM AVENUE 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. 2011 -02 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 all antennas and equipment related to this approval. All rooftop tower structures and screen walls shall remain in place. 8. The applicant agrees to allow co- location of other antenna equipment by other wireless communication carriers at this site if it is considered feasible, subject to approval by the City and 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 September 6, 2011 Conditions of Approval Page 2 of 3 Conditional Use Permit No. 2011 -02 and Minor Design Review — Metro PCS 10. If applicable, 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 screen walls and three tower elements, as shown on the proposed plans, screening the equipment area subject to the review and approval of the Community Development Director or designee. Prior to Building Permits 12.Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 13.Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Environmental Health Department have been met. 14. Prior to issuance of building permits, the 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. Enaineerina Division 16.The applicant shall obtain an encroachment permit for any work performed in public right of way. 17. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. 18.The applicant shall obtain and record utility and /or access easements to the facility if access to the site crosses separately owned properties. 19. Drainage shall be conveyed to the public right of way. Planning Commission Approved April 19, 2011 Conditions of Approval Page 3 of 3 Conditional Use Permit No. 2011 -02 and Minor Design Review — Metro PCS 20.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. 21. 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 22.The applicant shall ensure all screen 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