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HomeMy WebLinkAboutItem No. 2CITY OF LADE Cq?, LSII` 0R E DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING ^DIRECTOR OF COMMUNITY DEVELOPMENT `4 V DATE: AUGUST 18, 2009 PROJECT: CONDITIONAL USE PERMIT NO. 2009 -06 AND A MINOR DESIGN REVIEW - "ROYAL STREET COMMUNICATIONS" WIRELESS CELLULAR TOWER FACILITY APPLICANT: ROYAL STREET COMMUNICATIONS, LLC, 2913 EL CAMINO REAL, SUITE 561, TUSTIN, CA 92782 OWNER: ELSINORE WATER DISTRICT, P.O. BOX 1019, LAKE ELSINORE, CA 92531 -1019 Proiect Request The applicant, Royal Street Communications, has filed applications for a Conditional Use Permit and a Minor Design Review in order to enable it to locate six (6) new telecommunication panels at an approximate height of twenty one feet (21') at an existing water tank facility that is owned by Elsinore Water District. Review of the applications is pursuant to Chapter 17.80 (R -2 Medium Density Residential), Chapter 17.168 (Conditional Use Permit), and Chapter 17.184 (Design Review), of the Lake Elsinore Municipal Code, where applicable. Proiect Location The project site is located at 17701 Sunnyslope Avenue, Assessor Parcel Number(s) 375 - 224 -017, -018, -026 and -031. AGENDA ffE 1 P.O. PACE c>a Planning Commission Staff Report Conditional Use Permit No. 2009 -06 and a Minor Design Review — Royal Street Communications Cellular Tower Facility August 18, 2009 Environmental Setting Background Royal Street Communications is proposing to co- locate six (6) panel antennas, one (1) microwave antenna, one (1) GPS antenna, and four (4) equipment cabinets at an existing water tank facility in Country Club Heights. The antennas will be hidden inside of three (3) transparent faux posts at a height of eighteen feet (18'). The radio equipment will be located adjacent to the proposed post that is located at the northwest corner of the property. The cabinets are mounted on a raised concrete slab and screened from view by the existing ten foot (10') CMU and wrought iron fence. The project site has a zoning designation of R -2 (Medium Density Residential). According to Section 17.80.040, antennas, satellite dishes, and similar devices are accessory uses that may be located on the same lot with a permitted use provided that the antenna, satellite dishes, and similar devices are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building. Consistent with the City's policy for telecommunications facilities, the applicant has submitted applications for minor design review and conditional use permit for the proposed co- location. Project Description The proposed unmanned wireless telecommunication facility will be located adjacent to an existing 250 square foot lease area and will consist of the following improvements: • Location of six (6) antennae panels, divided equally into six (6) sectors, at a height of eighteen feet (18') on an existing water tank facility. The AGE1UD,' ITE d NO. PAG6 OF c�2 EXISTING LAND .ZONING GENERAL PLAN - SE Project Existing Water R-2 Medium Specific Plan Area J Site Tank Facility Density Residential (Country Club Heights) North Vacant R -2 Medium Specific Plan Area J Density Residential (Country Club Heights) South Vacant R -2 Medium Specific Plan Area J Density Residential (Country Club Heights) West Vacant R -2 Medium Specific Plan Area J Density Residential (Country Club Heights) East Vacant R -2 Medium Specific Plan Area J Density Residential (Country Club Heights) Background Royal Street Communications is proposing to co- locate six (6) panel antennas, one (1) microwave antenna, one (1) GPS antenna, and four (4) equipment cabinets at an existing water tank facility in Country Club Heights. The antennas will be hidden inside of three (3) transparent faux posts at a height of eighteen feet (18'). The radio equipment will be located adjacent to the proposed post that is located at the northwest corner of the property. The cabinets are mounted on a raised concrete slab and screened from view by the existing ten foot (10') CMU and wrought iron fence. The project site has a zoning designation of R -2 (Medium Density Residential). According to Section 17.80.040, antennas, satellite dishes, and similar devices are accessory uses that may be located on the same lot with a permitted use provided that the antenna, satellite dishes, and similar devices are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building. Consistent with the City's policy for telecommunications facilities, the applicant has submitted applications for minor design review and conditional use permit for the proposed co- location. Project Description The proposed unmanned wireless telecommunication facility will be located adjacent to an existing 250 square foot lease area and will consist of the following improvements: • Location of six (6) antennae panels, divided equally into six (6) sectors, at a height of eighteen feet (18') on an existing water tank facility. The AGE1UD,' ITE d NO. PAG6 OF c�2 Planning Commission Staff Report Conditional Use Permit No. 2009 -06 and a Minor Design Review — Royal Street Communications Cellular Tower Facility August 18, 2009 antenna panels will be mounted inside of a transparent monopole extension. The proposed material will match the color of the perimeter walls so as to be stealthed from view. • One two -foot (2') diameter microwave dish on the same transparent extensions. This improvement will provide linkage to landline telephone service. • Placement of one (1) GPS antenna on the same existing Royal Street Communications equipment tower for emergency -911 compliance. • Coaxial lines connecting the tower antennas to an equipment shelter. • Four (4) equipment cabinets housing electronic equipment within the existing equipment enclosure area. • One (1) temporary generator that will provide power during outage periods. The lease area containing the facility equipment will be screened and secured within an existing 10' tall wrought iron and masonry wall. Access gates will be located along the east side of the lease area. It should be noted that the area does not have water irrigation service. Typically staff would condition the project to provide landscaping to the site. Since no irrigation exists or is available, and the site having minimal visibility from the right of way, staff did not believe such a condition was needed. Analysis 1. Facility Site: The proposed site plan meets the applicable standards and criteria outlined in the R -2 Medium Density Residential District of the LEMC. The antenna and related facilities qualify as an accessory use pursuant to 17.80.040. The antenna and related facilities will be attached to the existing water tower, which is a permitted use in the R -2 zone. In addition, the antenna and related facilities are compatible with the residential character of the neighborhood because they will enhance the telecommunications services available to residents of Country Club Heights. Cell phone and landline telephone services will be improved if the facilities are built. Finally, the antenna and related facilities will be mounted inside of a transparent monopole, the color of which will match the walls of the existing water tower. Ancillary facilities needed to support the various antenna will be encapsulated by 4 equipment cabinets which will blend in with the surrounding facilities used to support the water tower. 2. Transmission /Calling Coverage: After extensive research regarding potential site placement and opportunity for co- location, Royal Street Communications has AGEfgDAIT s PAGE 3 0� as Planning Commission Staff Report Conditional Use Permit No. 2009 -06 and a Minor Design Review — Royal Street Communications Cellular Tower Facility August 18, 2009 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 level of service, the height of the antennas must be a minimum of eighteen feet (18'). Given (1) the height of the water tank structure and location, and (2) that the proposed panels will be stealthed from view, the proposed location of the panels satisfies the intent of the R -2 Medium Density Residential zoning designation and will not result in incompatibility issues with surrounding properties and planned land uses. 4. Stealthing Improvements: The existing water tank and block wall will serve to conceal, to the maximum extent feasible, the antennas from view. 5. Fencing: The leasing area already exists and is secured by an existing ten foot (10') tall block wall and wrought iron fence. 6. Landscaping As previously noted, water and irrigation are not available to the site. 7. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, Royal Street Communications technicians visit the facility approximately once every four (4) weeks. Additionally, no increase in ambient noise level is anticipated as there are no external air conditioning units needed or proposed for this facility. The applicant is proposing to place a backup power generator onsite which would only be utilized during power outages. Staff has added a recommended condition of approval requiring that the generator 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 1. Adopt Resolution No. 2009 -_ approving Conditional Use Permit No. 2009 -06, and 2. Adopt Resolution No. 2009 -_ approving a Minor Design Review for a Cellular Tower Facility AGENDA ITE VI Na. a- PAGE 4 ter a � Planning Commission Staff Report Conditional Use Permit No. 2009 -06 and a Minor Design Review — Royal Street Communications Cellular Tower Facility August 18, 2009 Prepared By: Kirt A. Coury,, Ci Project Planner Approved By: Tom Weiner Attachments Acting Director of Community Development 1. Vicinity Map 2. Resolution No. 2009 -_ approving Conditional Use Permit No. 2009 -06 3. Resolution No. 2009 -_ approving a Minor Design Review for a Cellular Tower Facility 4. Conditions of Approval 5. Acknowledgement of Conditions Form (signed copy to be provided at the Planning Commission meeting) 6. Exhibits: `A': Site Plan (reduction) 'B': Enlarged Site Plan (reduction) `C': Elevations (reduction) 'D': Color Photo Simulations `E': Full Size Plans AGENDA ITEM NO. 9L PAGE S 0fr 2La CONDITIONAL USE PERMIT NO. 2009 -06 AND MINOR DESIGN REVIEW FOR THE LOCATION OF A WIRELESS ANTENNAE PANELS LOCATED AT 17701 SUNNYSLOPE AVENUE E t few AGENDA REA € O. P PAGE � OF > PLANNING COMMISSION RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009 -06 WHEREAS, Monica Moretta representing Royal Street Communications, Inc., has initiated proceedings for Conditional Use Permit No. 2009 -06, for the design and co- location of six new telecommunication panels at an approximate height of twenty one feet (21') at an existing water tank tower site, and equipment shelter, located at 17701 Sunnyslope Avenue (the "Facilities "); and WHEREAS, the site upon which the Facilities are proposed to be co- located has a zoning designation of R -2 (Medium Density Residential); and WHEREAS, according to Section 17.80.040, antennas, satellite dishes, and similar devices are accessory uses that may be located on the same lot with a permitted use provided that the antenna, satellite dishes, and similar devices are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building; and WHEREAS, Chapter 17.168 of the LEMC provides that certain uses have operational characteristics that, depending upon 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 considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on August 18, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2009 -06 prior to rendering its decision and finds that the requirements of Chapters 17.80 and 17.168 of the LEMC have been satisfied. 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: AGENDA ITEM NO. __-_ PAGE - 7 O� as PLANNING COMMISSION RESOLUTION NO. 2009 -_ 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 antenna tower, equipment shelter, and 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 State Planning and Zoning Law, and the LEMC, the Planning Commission makes the following findings for approval of CUP 2009 -06: 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 purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or 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 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. AGEN0 OTEA N0. PAGE PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 3OF4 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 Specific Plan. 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 twenty one foot (21) 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. In approving the subject use, there will be no adverse affect 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. 5. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to the LEMC, the proposed co- located telecommunications facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 18, 2009. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2009 -06. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 18 day of August 2009. Jimmy Flores, Chairman City of Lake Elsinore ACiEWA I'6"MI N0. � RACv 9 2 a PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 4 OF 4 ATTEST: Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18 day of August 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development AG�-PiOA I- -79 fd0. PA GO 10 e" I 22- RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE DESIGN AND CONSTRUCTION OF A WIRELESS ANTENNA TOWER FACILITY WHEREAS, Monica Moretta of Royal Street Communications, Inc., has initiated proceedings for a Minor Design Review for the design and co- location of six new telecommunication panels at an approximate height of twenty one feet (21') at an existing water tank tower site, and equipment shelter, located at 17701 Sunnyslope Avenue (the "Minor Design Review "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Minor Design Review requests for projects; and WHEREAS, on August 18, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Minor Design Review. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Minor Design Review and has found it acceptable. The Planning Commission finds and determines that the Minor Design Review is consistent with the Chapter 17.184 of the Lake Elsinore Municipal Code. 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 antenna tower, equipment shelter, and 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 AQENDA ITEM 0. A PAGE II OF �� PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE 2 OF 4 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 State Planning and Zoning Law, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Minor Design Review: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific 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 General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore 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 water tower. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a Class 3 categorical exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the telecommunications facility blends into the existing natural landscape and creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not result in significant adverse environmental impacts given the attached conditions of approval. PACE __12-__ 0F a; - PLANNING COMMISSION RESOLUTION NO. 2009 -_ PAGE 3 OF 4 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. 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 August 18, 2009. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves the proposed Minor Design Review. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 18 day of August 2009. Jimmy Flores, Chairman City of Lake Elsinore /e 'V611:1419 Tom Weiner Acting Director of Community Development AGENDA ITEM PAGE OF � PLANNING COMMISSION RESOLUTION NO. 2009 -_ PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18` day of August 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development RAOr 14 of a a CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009 -06 AND A MINOR DESIGN REVIEW FOR "ROYAL STREET COMMUNICATIONS WIRELESS CELLULAR TOWER FACILITY" LOCATED AT 17701 SUNNYSLOPE 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. 2009 -06 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. 10. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property. Planning Commission Approval August 18, 2009 AGENDA iTELI ISO. Ppnc 15 t1 ay Conditions of Approval Page 2 of 2 Conditional Use Permit No. 2009 -06 and a Minor Design Review for — Royal Street Communications 11.The proposed structure shall have materials 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 12. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Engineerinq Division 13.The applicant shall obtain an encroachment permit for any work performed in public right of way. 14. The applicant shall obtain permission from adjacent property owners prior to grading or encroaching onto properties not part of this project. 15. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. 16. 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. 17. The applicant shall obtain and record utility and /or access easements to the facility if access to the site crosses separately owned properties. 18. Drainage shall be conveyed to the public right of way. 19. 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. 20. 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. Planning Commission Approval August 18, 2009 AGENDA ITEM N0, 0P PAGE I G of a CITY OF ��� LADE VLSI 0R.E �- DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Conditional Use Permit No. 2009 -06 and a Minor Design Review for the location of wireless antenna panels at a height of twenty one feet (21) at an existing water tank site with an equipment shelter area. The existing facility is located at 17701 Sunnyslope 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. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.180 of the Lake Elsinore Municipal Code (LEMC). Date: Applicant's Sign Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. 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