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HomeMy WebLinkAboutPC Reso No 2011-32RESOLUTION NO. 2011 -32 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE METRO PCS TELECOMMUNICATIONS FACILITY AT 506 WEST GRAHAM AVENUE WHEREAS, Metro PCS (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. 2011 -02, 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 new wireless telecommunications facility on the roof of an existing building 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, and conditional use permits 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 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 a Minor Design Review for the Metro PCS Telecommunications Facility at 506 West Graham Avenue 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.: "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: PLANNING COMMISSION RESOLUTION NO. 2011- 32 PAGE 2OF4 "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 telecommunications 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 a Minor Design Review for a telecommunications facility at 506 West Graham Avenue: 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 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 PLANNING COMMISSION RESOLUTION NO. 2011 -32 PAGE 3 OF 4 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 September 6, 2011. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility at 506 West Graham Avenue. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of September, 2011. Shell an, Chairperson City of Lake Elsinore ATTEST: Robert A. Bra City Manager PLANNING COMMISSION RESOLUTION NO. 2011- 32 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 -32 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 MENDOZA ABSTAIN: NONE City Manager 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. 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 including the proposed antennas and facility Community Development Director or his designee. or repair the telecommunication facility equipment per the discretion of the 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