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HomeMy WebLinkAboutConditions of ApprovalCITY OF i�� LADE L LSIRORE 1 DREA April 29, 2009 Royal Street Communications California, LLC 2913 El Camino Real, Suite 561 Tustin, CA 92782 Subject: Conditional Use Permit No. 2008 -21 and Minor Design Review for the design of a Mono -light Pole Structure To Whom It May Concern: At their regularly scheduled meeting held on April 21, 2009, the Lake Elsinore Planning Commission approved the subject project. As such, staff is transmitting a form entitled "Acknowledgment of Conditions" for your signature. Please return the "Acknowledgment of Conditions" form prior to the issuance of any permits. If you have any questions, please contact the Planning Division at (951) 674 -3124 extension 289 or email the project planner at kcoury(a elsinore.org Sincerely, , l �i2ti �r.PJULIiYU�� Kristine Herrington Office Specialist Enc: Conditions of Approval Acknowledgement of Conditions 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W.LAKE- ELSINORE.ORG CITY OF LADE C L j9,P LSII`IOIZE DREAM RE: Conditional Use Permit No. 2008 -21 and Minor Design Review for the design of a Mono -light Pole Structure I hereby state that I acknowledge the Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter dated April 29, 2009. All 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 Planning Commission of the City of Lake Elsinore on April 21, 2009. Date: Owner's Signature: Print Name: Address: Phone Number: 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W. LAKE -ELS I NORE.OR,G CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2008-21 AND A MINOR DESIGN REVIEW FOR "ROYAL STREET COMMUNICATIONS MONOLIGHT POLE CELLULAR TOWER FACILITY" 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 provisions of Chapter 17.80 of the LEMC. 3. Conditional Use Permit No. 2008 -21 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 Section 17.78 (Noise Ordinance) of the Lake Elsinore Municipal Code (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 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 when considered feasible subject to an agreement between the applicant, other carriers and the property owners. 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 April 21, 2009 Conditions of Approval Page 2 of 3 Conditional Use Permit No. 2008 -21 and a Minor Design Review for — Royal Street Communications 10.All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property. 11.The proposed mono -light pole structure shall be reviewed and approved by the Community Development Director or designee prior to issuance of grading or building permits. PRIOR TO BUILDING PERMITS 12.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Senior Building Inspector prior to issuance of building permits and final approval. 13. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 14.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 15.The applicant shall obtain an encroachment permit for any work performed in public right -of -way. 16. The applicant shall obtain permission from adjacent property owners prior to grading or encroaching onto properties not part of this project. 17. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. 18. 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. 19.The applicant shall obtain and record a utility and /or access easements to the facility if access to the site crosses separately owned properties. Planning Commission Approval April 21, 2009 Conditions of Approval Page 3 of 3 Conditional Use Permit No. 2008 -21 and a Minor Design Review for — Royal Street Communications 20. Drainage shall be conveyed to the public right of way. 21.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. 22. 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 23. 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 Approval April 21, 2009