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HomeMy WebLinkAboutItem No. 3CITY OF LADE LSII`IORJE DREAM EXTREME. REPORT TO PLANNING COMMISSION TO FROM: DATE: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT AUGUST 18, 2009 PROJECT: CONDITIONAL USE PERMIT NO. 2009 -05, AND A MINOR DESIGN REVIEW FOR A TELECOMMUNICATIONS FACILITY AT THE OUTHUIJSE RV PARK APPLICANT:ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC, 2913 EL CAMINO REAL, #561, TUSTIN, CA 92782, ATTN: MONICA MORETTA, SEQUOIA DEPLOYMENT SERVICES, INC. OWNER: JOHN & DARLENE OUTHUIJSE, THE OUTHUIJSE INC., 9140 ROSE STREET, BELLFLOWER, CA 90706 Project Request The applicant requests approval to construct a wireless telecommunications facility in the existing Outhuijse RV Park, Campground and Bar, at 32310 Riverside Drive. Project Location The project site is located on the south side of Riverside Drive, between Eisenhower Drive and Lake Crest Drive, on Assessor Parcel No. 379 -100 -016. Environmental Setting Agenda Itemm No. 3 Page / o —C� EXISTING:LANDaJSE ., t, ? ZQNING!. , ,,, " :GENERAL"P,LAN Project Outhuijse RV Park, CP — Commercial Future Specific Plan, Site Campgrounds & El Vaquero Park and Lake Edge Bar R — Recreation Agenda Itemm No. 3 Page / o —C� PLANNING COMMISSION STAFF REPORT CUP 2009 -05 & MDR AUGUST 18, 2009 North Single family residential R2 — Medium Medium and Medium Density, & R3 — High Density Residential High Density Residential South Lake Elsinore N/A Lake Elsinore East Vacant and channel CP, R Future SP, Lake Edge West Vacant R Future SP, Lake Edge Project Background On October 30, 2008, Royal Street Communications submitted a Minor Design Review for a telecommunications facility in the Seers Plaza shopping center on the north side of Riverside Drive. Staff worked with the applicant's agent, Ms. Monica Moretta of Sequoia Deployment Services, to find a location at the center that did not decrease parking spaces and that adequately buffered adjacent single family homes. Instead, Ms. Moretta submitted a Minor Design Review and Conditional Use Permit No. 2009 -05, for the same project, but located within the Outhuijse RV Park and Campground site. The site originally operated as Kay's Barn by Conditional Use Permit No. 81 -9 which expired in 1994. According to testimony from the property owner John Outhuijse in 2002, he and is family purchased the property and business in 2001. Mr. Outhuijse obtained approval to continue the use as a campground, as well as operating the bar including the sale of alcoholic beverages and an outdoor seating area and barbecue, by Conditional Use Permit No. 2002 -01. Project Description Royal Street Communications proposes to construct a 55 -foot tall monopine with a 400 square foot unmanned telecommunications equipment storage facility at the campground, consuming approximately two RV spaces 85 feet from the centerline of Riverside Drive. Analysis Minor Design Review Setback The LEMC requires an average 25 -foot setback along the front in the Commercial Park zone. The applicant redesigned the site plan to ensure that when Riverside Drive is widened to its ultimate width, the telecommunications facility will still comply with this requirement. Agenda Item No. J Page -;L of PLANNING COMMISSION STAFF REPORT CUP 2009 -05 & MDR AUGUST 18, 2009 Landscaping Staff has conditioned the project to provide landscaping and irrigation on all four sides of the storage facility to soften the impact of the masonry wall enclosure. Staff has also conditioned the project to improve the existing landscaping at the site by clearing weeds and debris, trimming and pruning the palms, removing overgrown fronds, and replanting dead or missing plants, shrubs, and groundcover. Other Site Improvements The Conditions of Approval for the underlying Conditional Use Permit No. 2002 -01 shall apply to this project. Staff has conditioned the project to restore the trash enclosure at the site to current City standards, with proper materials, cover, and adjacent landscaping. All signage erected without the proper approval and City permit shall be removed. The pavement on the drive aisle, from Riverside Drive to the Lake, shall be restored. Conditional Use Permit No. 2009 -05 Monopine Heiaht The LEMC allows for a maximum 50 -foot height for structures in the Commercial Park zone. However, the LEMC for this zone allows by conditional use permit, structures exceeding the maximum height. The antennae are at the 50 -foot height limitation, while the fronds of the monopine and their attachment to the top of the pole goes another five feet. The applicant claims that the overall height is proposed in order to provide for future co- location by another carrier. Staff believes that the impact of the additional five feet increase in height to accommodate the design is minimal. General Plan Designation and Telecommunications Facility Use Projects within a site designated by the General Plan for future specific plans, and in which no specific plan has been approved, require the approval of a conditional use permit in accordance with Section 17.88.100 of the LEMC. Furthermore, the Commercial Park zone in which the proposal lies, allows by conditional use permit other uses than those listed that the Planning Commission finds by resolution to be in accord with the purposes of the zone. The purpose of the Commercial Park zone is to reserve appropriate locations to accommodate the needs of tourists and recreational enthusiasts. Uses that are permitted should be environmentally sensitive and capable of contributing to the long -term quality and viability of the area. Royal Street's objective is to serve the northwest area of Lake Elsinore, particularly to the high school students across Riverside Drive, and visitors to the area. The facility has Agenda Item No. 3 Page � of � PLANNING COMMISSION STAFF REPORT CUP 2009 -05 & MDR AUGUST 18, 2009 a stealth design that blends with the existing mature trees found at the site and surrounding area. Environmental Determination 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 (Ca. Pub. Res. Code Sec. 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 Cal. Code Regs. Sec. 15000 et seq.: "CEQA Guidelines "). A Class 3 categorical 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, 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 exemption set forth in CEQA Guidelines Sec. 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 Sec. 65962.5 (hazardous and toxic waste sites). Staff recommends that the Planning Commission determine that a Notice of Exemption for Conditional Use Permit No. 2009 -05 and a Minor Design Review can be approved. Recommendation Staff recommends that the Planning Commission: Adopt a resolution approving Conditional Use Permit No. 2009 -05, and 2. Adopt a resolution approving a Minor Design Review for a telecommunications facility at the Outhuijse RV Park. Prepared By: Carole K. Donahoe, AICP Planning Consultant Approved By: Tom Weiner \" Acting Director of Community Development Agenda Item No. 3 Page L t of PLANNING COMMISSION STAFF REPORT CUP 2009 -05 & MDR AUGUST 18, 2009 Attachments: 1. Exhibit'A' - Vicinity Map 2. Resolution No. 2009 - approving Conditional Use Permit No. 2009 -05 a. Conditions of Approval 3. A Minor Design Review for a telecommunications facility at the Outhuijse RV Park a. Exhibit 'B' —Site Plan (Sheet A -2) b. Exhibit 'C' — Floorplan of Equipment Storage (Sheet A -3) c. Exhibit 'D' —Elevations (Sheet A -4 and A -5) 4. Draft Acknowledgement of Conditions 5. Draft Notice of Exemption Agenda Item No. 3 Page 1 5 of VICINITY MAP CONDITIONAL USE PERMIT 2009 -05 AND A MINOR DESIGN REVIEW APN 379 - 100 -016 PLANNING COMMISSION 18AUGUST2009 AGENDA1 3 RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009-05 WHEREAS, Royal Street Communications (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2009 -05 (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 an existing recreational vehicle park located at 32310 Riverside Drive, on the south side of Riverside Drive, between Lake Crest Drive and Eisenhower Drive, and known as Assessor's Parcel No. 379 - 100 -016 (the "Site "); and WHEREAS, the Project proposes the construction of a 55 -foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility; and WHEREAS, projects, within a site designated by the General Plan for future specific plans and no specific plan has been approved, require the approval of a conditional use permit in accordance with Section 17.88.100 of the City of Lake Elsinore Municipal Code; and WHEREAS, the Commercial Park zone in which the Site lies, allows by conditional use permit other uses that the Planning Commission finds by resolution to be in accord with the purpose of the zone; and WHEREAS, the Commercial Park zone in which the Site lies, allows by conditional use permit structures exceeding the maximum height permitted by the zone; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving 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 August 18, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Agenda Item No. Page 7 of iy PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 2OF5 SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2009 -05 for the Royal Street Communications 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 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. 2009 -05: 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. The General Plan designates the Site for Future Specific Plan, Lake Edge. However, a specific plan has not been approved for this area. The General Plan allows for Interim Development that meets the LEMC through the submittal of a conditional use permit. The Site is already developed with an existing RV park, campground and bar. The Project is located in the C -P Commercial Park District, whose intent is to reserve appropriate locations to accommodate the needs of tourists and Agenda Item No. 3 Page $ of - 9 - V- PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 3 OF 5 recreational enthusiasts. The Project proposes to blend into the existing RV park by stealthing as a monopine. The applicant's object is to provide network coverage to the nearby Riverside Drive Lake High School, residential and commercial development surrounding Riverside Drive and Grand Avenue, and for visitors to the northwestern portion of the City. 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 of the City, or injurious to property or improvements in the neighborhood or the City. The project provides telecommunications network coverage to serve the needs of the City's residents and visitors. The project has been designed and constructed to be compatible with adjacent uses. 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 project has been designed to be compatible with adjacent uses. The facility has been located outside the 25 -foot front yard setback required by the Commercial Park District. Development standards of the City shall be complied with through the conditions of approval. 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. 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 Project is conditioned to comply with all development standards of the City's Zoning Code. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. 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. The project has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval. Agenda Ite No. 3 Page q of PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 4 OF 5 SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution approving Conditional Use Permit No. 2009 -05, the Planning Commission hereby approves Conditional Use Permit No. 2009 -05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 3 Page 1 0 of PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE5OF5 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 Agenda Item No. 3 Page H of PLANNING DIVISION The Minor Design Review will expire two (2) years from the date of approval unless within that period of time a building permit is issued and construction commenced and diligently pursued toward completion, or an extension of time is granted by the City of Lake Elsinore. Conditional Use Permit No. 2009 -05 is tied to the Minor Design Review, and will expire with the expiration of the MDR. The project shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 17), unless modified by approved Conditions of Approval. 3. The project shall comply with all applicable conditions of the underlying Conditional Use Permit No. 2002 -01 unless superceded by these conditions. 4. 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, concerning the project attached hereto. 5. The City intends to file a Notice of Exemption with the Riverside County Clerk's office within five (5) business days from the approval of this project by the Planning Commission. A check payable to the County of Riverside, in the amount of $64.00, has been submitted to the Planning Department prior to the public hearing to pay for the cost of such filing. 6. All site improvements shall be constructed as indicated on the approved revised site plan and building elevations for the Minor Commercial Design Review, or as specified by these Conditions of Approval. Any revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. This project lies within Project Area 2, Area 'A' of the Redevelopment Agency. However, fees or other RDA requirements have been waived because the project is an additional commercial development in an existing commercial business. 8. Prior to permit issuance, the applicant shall provide written confirmation that they have met all requirements requested by the Elsinore Valley Municipal Water District, and have obtained agency approval of the project. 9. Any violation or noncompliance with the Conditions of Approval shall be cause for Page 1 of 3 Agenda Item No. 3 Page /2� of - the revocation of this Design Review and Conditional Use Permit. 10. The applicant shall replace any trees or other existing plants disturbed by the construction of the project. 11. The Conditions of Approval for this project shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 12. The enclosure shall be painted with an anti - graffiti material, and shall use wrought iron for gates. No chain link or barbed wire will be allowed. 13. Construction Landscape Plans and Irrigation Details for the project is required. These drawings shall be submitted along with a cost estimate for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Landscaping shall be provided adjacent to the storage facility on all four sides to soften the effect of the concrete masonry wall surrounding the facility. b. The plans shall provide for ground cover, shrubs, trees, and ivy and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. Plans shall address the maintenance of existing landscaping on the property by clearing weeds and debris, trimming and pruning the palms, removing overgrown fronds, and replanting dead or missing plants, shrubs and groundcover. The aforementioned maintenance shall be completed prior to the issuance of building permits. 14. The existing trash enclosure on the property shall be replaced or restored to meet current City standards, with proper materials, cover, and landscape screening. 15. All signage erected on the property without the proper approval and City permit shall be removed. Page 2 of 3 Agenda Item No. 3 Page _a of� 16. The pavement on the existing drive aisle, from Riverside Drive to the Lake, shall be restored. 17. In the event that the telecommunications facility ceases to operate for more than one (1) year, the applicant shall remove the equipment. 18. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance and removal of equipment. 19. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the Certificate of Occupancy. The bond shall cover ten (10 %) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate to install landscaping. 20. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. ENGINEERING DIVISION 21. The applicant shall obtain an encroachment permit and submit a traffic control plan for any work performed in the public right -of -way. 22. 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. 23. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R Inc. for the removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing activities, or all other phases of construction. 24. The applicant shall accept and properly dispose of all drainage flowing onto or through the project site. (End of Conditions) Page 3 of 3 Agenda Item No. Page of RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS TELECOMMUNICATIONS FACILITY AT THE OUTHUIJSE RV PARK WHEREAS, Royal Street Communications (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. 2009 -05, which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Design on a leased portion of an existing recreational vehicle park located at 32310 Riverside Drive, on the south side of Riverside Drive, between Lake Crest Drive and Eisenhower Drive, and known as Assessor's Parcel No. 379 - 100 -016 (the "Site "); and WHEREAS, the Design proposes the construction of a 55 -foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility; 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 August 18, 2009. 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 Royal Street Communications Telecommunications Facility at the Outhuijse RV Park 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.: Agenda Item No. Page L of a PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 2OF4 "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 The Outhuijse RV Park: 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 General Plan designates the Site for Future Specific Plan, Lake Edge. However, a specific plan has not been approved for this area. The General Plan allows for Interim Development that meets the LEMC through the submittal of a conditional use permit. The Project includes Conditional Use Permit No. 2009- 05. The Project is located in the C -P Commercial Park District, wherein structures that exceed the maximum height of 50 feet require the submittal of a conditional use permit. Furthermore, the C -P zone allows, by CUP, "other uses that the Planning Commission finds by resolution to be in accord with the purpose of the Commercial Park zone. The Project includes Conditional Use Permit No. 2009 -05. Agenda Item No. 3 Page Ho of PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 3 OF 4 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 Commercial Park district requires that no accessory structure be located in the 25 -foot front setback area. The Project applicant revised their original submittal to move the facility outside the setback area. 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. The Project is conditioned to comply with the C -P development standards of the City's Zoning Code. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. The applicant has signed a Draft Acknowledgment of Acceptance of Conditions. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution for Conditional Use Permit No. 2009- 05, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility at The Outhuijse RV Park. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of August, 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No 3 Pagel - 7 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 18th 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 Agenda Item No. 3 Page I � of 0 \ � s \ \ � A P G %pp[pp[�tlh `iN" b a b I �a - e s a 11 9 dPtSb� \i i �fi C. Fly a� h am` ACENDA a &ak o Z O € N 0 \ � s \ \ � A P G %pp[pp[�tlh `iN" b a b I �a - e s a 11 9 dPtSb� \i i �fi C. 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Minor Commercial Design Review No. 2009 -05 and Conditional Use Permit No. 2009 -05 for the Royal Street Communications Facility at the Outhuijse RV Park I hereby state that I /We: acknowledge the draft Conditions of Approval for the above named project. IfWe understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. 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. The decision of the Planning Commission shall be forwarded to the City Council for their consideration pursuant to the provisions of Chapter 17 of the Lake Elsinore Municipal Code (LEMC). Date: Applicant's Signature: , zdmal c L Print Name: SUC'At\i -bF'Wr(2= Address: 2C11 FL('llkt /1�IC)2 - R ) S p tt , j C sal Phone Number; 7 Z AGENDA 1TFiA ND. PAGE 3 OF City of Lake Elsinore Notice of Exemption Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674 -3124 (909) 471 -1419 fax Filed With: ❑ Office of Planning and Research ❑x County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Conditional Use Permit No. 2009 -05 and a Mmor Design Review for a telecommunications facility at The Outh4se RV Park Project Location (Specific): 32310 Riverside Drive, on the south side of Riverside Drive, between Eisenhower and Lake Crest Drive Project Location (City): City of Lake Elsinore Project Location (Count}): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The project is a wireless, unmanned telecommunications facility with monopine and associated equipment storage. The project site lies within an existing recreational vehicle park, campground and bar. Name of Public Agency Approving Project: Cityof Lake Elsinore Name of Person / Agency Administrating Project: Carole K. Donahoe, AICP, Project Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑x Categorical Exemption (state type and section number): Section 15300, Class 3, for the 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. Reasons why project is exempt: The proposed monopine 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 complied pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Contact Person: Carole K. Donahoe, AICP Project Planner Signed: Tom Weiner Telephone Number: (951) 674 -3124 Extension 287 Title: Acting Community Development Director AGENDA ITEM PAGE a 0+