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HomeMy WebLinkAboutItem No. 5CITY OF ink LADE LSIIYORE DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: SEPTEMBER 6, 2011 SUBJECT: CONDITIONAL USE PERMIT NO. 2011 -02 AND A MINOR DESIGN REVIEW — A REQUEST TO INSTALL FIVE EQUIPMENT CABINETS AND SIX (6) WIRELESS ANTENNA PANELS CONCEALED BEHIND A SCREEN WALL ON THE ROOF OF AN EXISTING OFFICE BUILDING LOCATED AT 506 WEST GRAHAM AVENUE (APN: 374 -251 -014) APPLICANT: METRO PCS NETWORKS CALIFORNIA, LLC, CORE DEVELOPMENT SERVICES, 2903 SATURN STREET, SUITE H, BREA, CA 92821 OWNER: BULLEN & BLACKMORE, P.O. BOX 115, LAKE ELSINORE, CA 92530 Project Request/Location The applicant is requesting approval of a Conditional Use Permit and Minor Design Review to install five (5) equipment cabinets and six (6) antenna panels and associated equipment concealed behind a screen wall on the roof of an existing office building located at 506 West Graham Avenue (APN; 374 - 251 -014). Review is pursuant to Chapter 17.116 (Commercial Office District), Chapter 17.168 (Conditional Use Permit) and Chapter 17.184 (Design Review) of the Lake Elsinore General Plan. Environmental Setting PC September 6, 2011 Item No.5 Page 1 of 21 EXISTING LAND USE ZONING GENERAL PLAN Project Site Existing Building Commercial Office (CO) General Commercial (GC) North Existing Building Commercial Office (CO ) General Commercial (GC). South Existing Building Single-Family Residential (R1 Single-Famil Residential (R1 East Existing Building Public Institutional PI _ Public Institutional PI West Existing Building Commercial Office (CO ) General Commercial (GC) PC September 6, 2011 Item No.5 Page 1 of 21 Planning Commission Staff Report Conditional Use Permit No. 2011 -02 and a Minor Design Review September 6, 2011 Project Description The project site has a zoning designation of Commercial Office (CO). Consistent with the City's policy for telecommunications facilities, Metro PCS has submitted applications for a Minor Design Review and Conditional Use Permit for the proposed roof top equipment. 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). The proposed unmanned wireless telecommunication facility will consist of the following improvements: • A 30 -foot tall rooftop tower element with five (5) equipment cabinets and six (6) antennae panels to be located at an approximate height of 26 feet. Three (3) towers are proposed along the building rooftop to conceal the proposed antennae panels. • One (1) GPS antenna to be located on the tower for emergency -911 compliance. • Two (2) Metro PCS roof mounted mechanical units • Coaxial lines connecting the tower antennas to an equipment shelter The enclosure area containing the facility equipment as well as existing equipment, will be screened and secured behind a proposed 4 -foot tall screen wall along the perimeter of the rooftop. Analysis 1. Facility Site: The proposed site plan meets all applicable standards and criteria outlined in the CO District of the LEMC. 2. Transmission /Calling Coverage: After extensive research regarding potential site placement and opportunity for co- location, Metro PCS 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 26 feet. The ultimate height of the rooftop tower structure is 30 feet. It should be noted that the tower is a new facility, and not a co- location. Staff believes the proposed tower height and design meets the intent of the LEMC and will not result in incompatibility issues with PC September 6, 2011 Item No.5 Page 2 of 21 Planning Commission Staff Report Conditional Use Permit No. 2011 -02 and a Minor Design Review September 6, 2011 surrounding properties. Staff feels the project is compatible with adjacent planned land uses given the location of the proposed facility and the on -site existing building. 4. Stealthing Improvements: The proposed equipment will be housed within decorative building tower elements and concealed behind a decorative screen wall. The new screen wall will also shield the air conditioning units and equipment that exist on the roof of the building. The decorative tower elements and screen wall will match the color and materials of the building. 5. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, Metro PCS technicians will visit the facility approximately once every four (4) weeks. In addition, the project proposes two (2) external air - conditioning units. All proposed equipment will be either in the building or on the roof. No exterior ground mounted equipment is proposed. It should be noted that staff has added a recommended condition of approval requiring that the identified units 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. 2011 - adopting MSHCP Consistency Findings, Resolution No. 2011 -_ approving Conditional Use Permit No. 2011 -02 and Resolution No. 2011 -_ approving a Minor Design Review for the design of a Wireless Antenna Cellular Facility. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: Kirt A. Coury,4& Project Planner APPROVED BY: Warren Morelion, AICP \v� Planning Manager PC September 6, 2011 Item No.5 Page 3 of 21 Planning Commission Staff Report Conditional Use Permit No. 2011 -02 and a Minor Design Review September 6, 2011 Attachments 1. Vicinity Map 2. Resolution No. 2011 - adopting MSHCP Consistency Findings 3. Resolution No. 2011 -_ approving Conditional Use Permit No. 2011 -02 4. Resolution No. 2011 -_ approving a Minor Design Review for the design of a Wireless Antenna Cellular Facility 5. Conditions of Approval 6. Signed Acknowledgement of Conditions Form 7. Exhibits: 'A': Full Size Plans 'B': Color Photo Simulations PC September 6, 2011 Item No.5 Page 4 of 21 VICINITY MAP CONDITIONAL USE PERMIT NO. 2011 -02 AND A MINOR DESIGN REVIEW FOR METRO PCS LOCATED AT 506 WEST GRAHAM AVENUE PC September 6, 2011 Item No.5 Page 5 of 21 RESOLUTION NO. 2011- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) 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, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of considering and approving, conditionally approving or denying requests for variances, conditional use permits, and minor design reviews; and WHEREAS, public 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PC September 6, 2011 Item No.5 Page 6 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 4 SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines, 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the RiparianiRiverine Areas and Vernal Pools Guidelines. No Riparian /Riverine habitat or Vernal Pools exist on the Site. There are no areas which can retain water and therefore, no potential for fairy shrimp to occur on site. Therefore, the Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further Section 6.1.2 investigations or actions are necessary. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The cellular antennae panels are proposed on top of a roof of an existing building. There are no sensitive plant species or communities that exist on site. None are expected to occur as there is no suitable habitat on site. Furthermore, the Project is located outside of any Narrow Endemic Plant Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The cellular antennae panels are proposed on top of a roof of an existing building. In addition, the project site is not located in an area that requires PC September 6, 2011 Item No.5 Page 7 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 4 focused and additional surveys under Section 6.3.2 of the MSHCP. Therefore, no further actions are required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Property is located outside of any MSHCP Conservation Area or U. S. Fish and Wildlife Service proposed Additional Reserve Lands. The Project is consistent with Section 6.1.4 of the MSHCP and no further actions are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The cellular antenna panels are proposed on top of a roof of an existing building. No further action regarding Section 6.3.1 of the MSHCP for vegetation mapping is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The cellular antenna panels are proposed on top of a roof of an existing building. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. Based upon the project location and findings, the proposed Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby adopts findings that the Project is consistent with the MSHCP. SECTION 4. 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. Shelly Jordan, Chairperson City of Lake Elsinore PC September 6, 2011 Item No.5 Page 8 of 21 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 4 OF 4 ATTEST: Robert A. Brady City Manager 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 - 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: NOES: ABSTAIN: Robert A. Brady City Manager PC September 6, 2011 Item No.5 Page 9 of 21 RESOLUTION NO. 2011- 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 PC September 6, 2011 Item No.5 Page 10 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 4 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 PC September 6, 2011 Item No.5 Page 11 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 4 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. PC September 6, 2011 Item No.5 Page 12 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 6th day of September, 2011. Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Robert A. Brady City Manager 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 -_ 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: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC September 6, 2011 Item No.5 Page 13 of 21 RESOLUTION NO. 2011 -12 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: PC September 6, 2011 Item No.5 Page 14 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 4 "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: 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 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 PC September 6, 2011 Item No.5 Page 15 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - 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. Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC September 6, 2011 Item No.5 Page 16 of 21 PLANNING COMMISSION RESOLUTION NO. 2011 - 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 -_ 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: I_\'1 *5 NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC September 6, 2011 Item No.5 Page 17 of 21 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 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 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 PC September 6, 2011 Item No.5 Page 18 of 21 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. Engineering 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 PC September 6, 2011 Item No.5 Page 19 of 21 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 PC September 6, 2011 Item No.5 Page 20 of 21 CITY OF LADE LS I I`IOIZE — � 0 DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Conditional Use Permit No. 2011 -02 and a Minor Design Review to construct a thirty foot (30') tall wireless telecommunications structure and related equipment on the rooftop of an existing building located at 506 West Graham 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. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore Date: Property Owner's Signature Print Name: Address: Phone Number: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC September 6, 2011 Item No.5 Page 21 of 21