Loading...
HomeMy WebLinkAboutItem No. 3CITY OF ��x LADE L LSIIYOIZE —� DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 19, 2011 SUBJECT: CONDITIONAL USE PERMIT NO. 2010 -09 AND A MINOR DESIGN REVIEW — FOR THE DESIGN OF A WIRELESS MONOPINE CELLULAR TOWER APPLICANT: AT &T MOBILITY, MARC MYERS, DERRA DESIGN, 250 EL CAMINO REAL, #216, TUSTIN, CA 92780 OWNER: SONYA JIMENEZ, 28555 CIELITO DRIVE, LAKE ELSINORE, CA 92530 Project Request The applicant is requesting a Conditional Use Permit and Minor Design Review to construct a wireless telecommunications facility in the form of a monopine on property located at 28555 Cielito Drive. Review is pursuant to Chapter 17.64 (Rural Residential District), Chapter 17.168 (Conditional Use Permit) and Chapter 17.184 (Design Review) of the Lake Elsinore General Plan. Project Location The project site is located at 28555 Cielito Drive, Assessor Parcel Number (APN) 389- 290 -001. PC April 19, 2011 Item No. 3 Page 1 of 22 Planning Commission Staff Report Conditional Use Permit No. 2010 -09 and a Minor Design Review April 19, 2011 Environmental Setting Background AT &T Mobility is proposing to construct a thirty foot (30') tall monopine wireless telecommunications structure and equipment storage facility enclosed by wrought iron fencing. The project site has a zoning designation of R -R (Rural Residential. Consistent with the City's policy for telecommunications facilities, AT &T Mobility has submitted applications for a minor design review and conditional use permit for the proposed monopine. 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). Project Description The proposed unmanned wireless telecommunication facility will consist of the following improvements: ■ An ultimate thirty foot (30') tall structure will be disguised as a monopine tower with twelve (12) antennae panels to be located at an approximate height of twenty five feet (25). • Twenty four (24) TMAs will be located on the monopine tower which boosts the signal and telephone service. • One (1) GPS antenna to be located on the monopine tower for emergency -911 compliance. PC April 19, 2011 Item No. 3 Page 2 of 22 EXISTING LAND" ZONING GENERAL PLAN USE Project Vacant Rural Residential (RR) Low Medium Density Site Residential (LM) North Vacant Mineral Resources and Future Specific Plan Related Manufacturing District (M -3) South Vacant/Single Rural Residential (RR) Low Medium Density Family Residential Residential (LM) East Vacant/Single Rural Residential (RR) Low Medium Density Family Residential Residential (LM) West Vacant Open Space (OS) Future Specific Plan Background AT &T Mobility is proposing to construct a thirty foot (30') tall monopine wireless telecommunications structure and equipment storage facility enclosed by wrought iron fencing. The project site has a zoning designation of R -R (Rural Residential. Consistent with the City's policy for telecommunications facilities, AT &T Mobility has submitted applications for a minor design review and conditional use permit for the proposed monopine. 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). Project Description The proposed unmanned wireless telecommunication facility will consist of the following improvements: ■ An ultimate thirty foot (30') tall structure will be disguised as a monopine tower with twelve (12) antennae panels to be located at an approximate height of twenty five feet (25). • Twenty four (24) TMAs will be located on the monopine tower which boosts the signal and telephone service. • One (1) GPS antenna to be located on the monopine tower for emergency -911 compliance. PC April 19, 2011 Item No. 3 Page 2 of 22 Planning Commission Staff Report Conditional Use Permit No. 2010 -09 and a Minor Design Review April 19, 2011 • Coaxial lines connecting the tower antennas to an equipment shelter. • One (1) 230 square foot prefabricated equipment shelter housing electronic equipment is proposed within the within the equipment enclosure area. • One (1) temporary generator that will provide power during outage periods. The enclosure area containing the facility equipment will be screened and secured within a proposed six foot (6) tall wrought iron fence area. A four foot (4) wide access gate will be located along the east side of the enclosure area. Staff believes that given the location of the facility over 150 feet from Cielito Drive and 1,000 feet from Running Deer, and given that the existing vegetation will remain undisturbed, the enclosure will be "hidden" and an unlikely target for graffiti. Analysis 1. Facility Site: The proposed site plan meets all applicable standards and criteria outlined in the Rural Residential (R -R) District of the LEMC. 2. Transmission /Calling Coverage: After extensive research regarding potential site placement and opportunity for co- location, AT &T Mobility 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 twenty five feet (25'). The ultimate height of the monopine structure is thirty feet (30'). It should be noted that the monopine tower is a new facility, and not a co- location. Staff believes the proposed tower height and design meets the intent of the Lake Elsinore Municipal Code and will not result in incompatibility issues with surrounding properties. Staff feels the project is compatible with adjacent planned land uses given the location of the proposed facility and that sufficient setbacks have been achieved from surrounding properties. 4. Stealthing Improvements: The proposed monopine tower will function in operation and design as a faux pine tree. Appearance and character will serve to conceal the antennas from view as much as possible. 5. Decorative Fencing: The proposed equipment will be housed within a wrought iron fenced area. 6. Landscaping As previously indicated, staff believes that given the location of the facility over 150 feet from Cielito Drive and 1,000 feet from Running Deer, and given that the existing vegetation will remain undisturbed, the enclosure will be "hidden" and an unlikely target for graffiti. PC April 19, 2011 Item No. 3 Page 3 of 22 Planning Commission Staff Report Conditional Use Permit No. 2010 -09 and a Minor Design Review April 19, 2011 7. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, AT &T Mobility technicians visit the facility approximately once every four (4) weeks. In addition, the project proposes two (2) external air - conditioning units. It should 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 - approving Conditional Use Permit No. 2010 -09 and Resolution No. 2011 -_ approving a Minor Design Review for the design of a Wireless Monopine Cellular Tower. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: REVIEWED BY APPROVED BY Attachments 1. Vicinity Map Kirt A. Coury, Project Planner Justin Carlson, Redevelopment Analyst Robert A. Brady City Manager 2. Resolution No. 2011 -_ approving Conditional Use Permit No. 2010 -06 3. Resolution No. 2011 -_ approving a Minor Design Review for the design of a Wireless Monopine Cellular Tower 4. Conditions of Approval 5. Signed Acknowledgement of Conditions Form 6. Exhibits: 'A': Site Plan (reduction) 'B': Enlarged Site Plan (reduction) 'Cl: Elevations (reduction). 'D': Color Photo Simulations 'E': Full Size Plans PC April 19, 2011 Item No. 3 Page 4 of 22 VICINITY MAP 28555 CIELITO DRIVE CONDITIONAL USE PERMIT NO. 2010 -09 AND A MINOR DESIGN REVIEW APRIL 19TH, 2011 PC April 19, 2011 Item No. 3 Page 5 of 22 PLANNING COMMISSION RESOLUTION NO. 2011- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010 -09 WHEREAS, AT &T Mobility (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2010 -09 (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 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 thrity foot (30') tall monopine wireless telecommunications tower and an unmanned, 230 square foot enclosed equipment storage facility 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 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 Conditional Use Permit No. 2010 -09 for the AT &T Mobility Telecommunications Facility prior to making a decision and has found it acceptable. PC April 19, 2011 Item No. 3 Page 6 of 22 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 2 OF 5 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: "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 the approval of Conditional Use Permit No. 2010 -09: 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 and the Tuscany Hills Specific Plan in which the site is located. 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 PC April 19, 2011 Item No. 3 Page 7 of 22 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 5 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 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, security fencing and screening have all been incorporated into the design of the facility to ensure that the proposed thirty foot (30) 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. PC April 19, 2011 Item No. 3 Page 8 of 22 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 4 OF 5 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 April 19, 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. 2010 -09. 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, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC April 19, 2011 Item No. 3 Page 9 of 22 PLANNING COMMISSION RESOLUTION NO. 2011 - 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 - 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: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC April 19, 2011 Item No. 3 Page 10 of 22 RESOLUTION NO. 2011- 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 of seq.: PC April 19, 2011 Item No. 3 Page 11 of 22 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 2 OF 4 "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: 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 PC April 19, 2011 Item No. 3 Page 12 of 22 PLANNING COMMISSION RESOLUTION NO. 2011- 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. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC April 19, 2011 Item No. 3 Page 13 of 22 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 19 day of April 2011, and that the same was adopted by the following vote: AYES: NOES: F �� ,' ABSTAIN: Robert A. Brady City Manager PC April 19, 2011 Item No. 3 Page 14 of 22 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 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. 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 PC April 19, 2011 Item No. 3 Page 15 of 22 Conditions of Approval Page 2 of 3 Conditional Use Permit No. 2010 -09 and a Minor Design Review for — AT &T Wireless Communications 10.AII 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 permits, 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. 19. Capital Improvement fees and mitigation fees (LFMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. Planning Commission PC April 19, 2011 Item No. 3 Page 16 of 22 Conditions of Approval Page 3 of 3 Conditional Use Permit No. 2010 -09 and a Minor Design Review for —AT &T Wireless Communications 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 PC April 19, 2011 Item No. 3 Page 17 of 22 CITY OF LADE F _29LSIf10R E DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Conditional Use Permit No. 2010 -09 and a Minor Design Review to construct a thirty foot (30') tall monopine wireless telecommunications structure and equipment storage facility enclosed by wrought iron fencing on property located at 28555 Cielito Drive. 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 April 19, 2011 Item No. 3 Page 18 of 22 \ W ■ ( /ƒ � . |, . \ � I ;§ IN - - #, ) ' � \� 323 4 1 � i i PC April 19, 2011 #mom a Page eaa j q #| 7 / . �()) § c �A �± ua PC April 19, Item No. Pag a2 ` ,. \ 182 &\ ] E\ .!)y ® ;2 ®!> z \ ,± j =: ))[: i !: < f z R c ƒ \ � I , / 1 v , j q #| 7 / . �()) § c �A �± ua PC April 19, Item No. Pag a2 : 1 q w PC April aA,#mNo.3 Pag @2 A |� _ 2 , [ m s R � ) }� ( 2 ! •� °' § w \ �,: \ \ � E . ) 061 2 / � $ }� D |§\ | �(() ) § _ ) g% m ° / u 22 \� (jA .. } : 1 q w PC April aA,#mNo.3 Pag @2 _ PC April 19, 201 , #mom a Page 2of 2 r . } §( |� \ ![ § \ (7 \ p ,! | |!• . /\ z 0 .. § ) ] } / \ w � / \ / R 2 {2 ed m 2 / � ! � \\ � \ \ } om Q) i, O R O ){ §§ � . N 0 ;% \ § ¥ ZZ 2 [ U\ co u 2 �( g PC April 19, 201 , #mom a Page 2of 2