Loading...
HomeMy WebLinkAboutItem No. 2CITY OF i�� LADE LSIHORf DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 17, 2009 PROJECT: CONDITIONAL USE PERMIT NO. 2009 -07, VARIANCE NO. 2009 -02, & MINOR DESIGN REVIEW FOR A TELECOMMUNICATIONS FACILITY AT 422 RANCHO DRIVE APPLICANT: ROYAL STREET COMMUNICATIONS LLC, 2913 EL CAMINO REAL, #561, TUSTIN, CA 92782, ATTN: MS. MONICA MORETTA OF SEQUOIA DEPLOYMENT SERVICES OWNER: EASTERN MUNICIPAL WATER DISTRICT, 2270 TRUMBEL ROAD, PERRIS, CA 92572 Project Request The applicant, Royal Street Communications, has filed applications for Conditional Use Permit No. 2009 -07, Variance No. 2009 -02, and a Minor Design Review. These entitlements would enable Royal Street to construct a wireless telecommunications facility in the form of a monopine on property located at 422 Rancho Drive, which property is owned and operated by the Eastern Municipal Water District. Review of the applications is pursuant to Chapter 17.76 (R -1 Single Family Residential), Chapter 17.168 (Conditional Use Permit), and Chapter 17.184 (Design Review), of the Lake Elsinore Municipal Code. Project Location The project site is located on the west side and directly adjacent to Interstate 15 and its southbound onramp from Main Street. The site is on the south side of Rancho Drive, east of Pottery, and known as Assessor Parcel Nos. 377 - 320 -005 and -006. Agenda Item No. a" Page I of2u: PLANNING COMMISSION STAFF REPORT CUP 2009 -07, VARIANCE 2009 -02, MDR NOVEMBER 17, 2009 Environmental Setting Project Background Royal Street Communications proposes to construct a seventy-five (75) foot tall monopine wireless telecommunications facility and a four (4) cabinet equipment storage facility on a raised concrete pad inside a walled enclosure of dark wrought iron and metal mesh screening on property owned by Eastern Municipal Water District. This is a new site, and not a co- location. The project site has a zoning designation of R -1 (Single Family Residential). Consistent with the City's policy for telecommunications facilities, Royal Street Communications has submitted applications for a minor design review and conditional use permit for the proposed monopine. In addition, the applicant has filed a request for variance from the building height limitation established for the R -1 zone. Conditional Use Permit No. 2009 -07 & MDR (ED 422 Rancho Drive Antennas are not permitted as of right in the R -1 zone. Moreover, antennas are not listed as conditionally permitted uses in the R -1 zone. However, Lake Elsinore Municipal Code Section 17.76.030 gives the Planning Commission discretion to conditionally permit any other use that the Planning Commission finds is consistent with the character of the surrounding neighborhood and is in accord with the intent of the R -1 zoning district. The express purpose of the R -1 zone is comprised of quality single - family residences available public services and infrastructure." public services and infrastructure to residents goal of the R -1 zone. to "accommodate low density projects developed in an urban environment with (LEMC Section 17.76.010.) Provision of of the City of Lake Elsinore is a primary Agenda Item No. Page ,2_ of EXISTING LAND USE ZONING GENERAL PROPOSED . .. ,. PLAN.;• , UPDPTE Project Vacant & underground R -1 Single Medium Density Commercial Site water pipes Family Residential, 12 Residential dus /ac North Scattered single family R -1 Medium Density Medium residences, vacant Densit South Vacant C -2 General Medium Density Commercial Commercial East Interstate 15 Freeway Interstate 15 N/A N/A and southbound onram West Vacant C -2 General Medium Density Commercial Commercial Project Background Royal Street Communications proposes to construct a seventy-five (75) foot tall monopine wireless telecommunications facility and a four (4) cabinet equipment storage facility on a raised concrete pad inside a walled enclosure of dark wrought iron and metal mesh screening on property owned by Eastern Municipal Water District. This is a new site, and not a co- location. The project site has a zoning designation of R -1 (Single Family Residential). Consistent with the City's policy for telecommunications facilities, Royal Street Communications has submitted applications for a minor design review and conditional use permit for the proposed monopine. In addition, the applicant has filed a request for variance from the building height limitation established for the R -1 zone. Conditional Use Permit No. 2009 -07 & MDR (ED 422 Rancho Drive Antennas are not permitted as of right in the R -1 zone. Moreover, antennas are not listed as conditionally permitted uses in the R -1 zone. However, Lake Elsinore Municipal Code Section 17.76.030 gives the Planning Commission discretion to conditionally permit any other use that the Planning Commission finds is consistent with the character of the surrounding neighborhood and is in accord with the intent of the R -1 zoning district. The express purpose of the R -1 zone is comprised of quality single - family residences available public services and infrastructure." public services and infrastructure to residents goal of the R -1 zone. to "accommodate low density projects developed in an urban environment with (LEMC Section 17.76.010.) Provision of of the City of Lake Elsinore is a primary Agenda Item No. Page ,2_ of PLANNING COMMISSION STAFF REPORT CUP 2009 -07, VARIANCE 2009 -02, MDR NOVEMBER 17, 2009 The proposed telecommunications facility would improve, and in some instances provide, cell phone service to residents and passers- through of the area. With many people throughout California relying solely on cell phone service and eliminating land lines, quality of cell phone service for consumers is of high importance. Bettering services available to Lake Elsinore's residents is consistent with the goals of the R -1 zoning district. Royal Street Communications proposes to construct six (6) panel antennas and one (1) GPS antenna mounted on a 75 -foot high monopine, and a four (4) cabinet equipment storage facility on a raised concrete pad inside a walled enclosure of dark wrought iron and metal mesh screening. Staff believes that, given the location of the facility over 150 feet from Rancho Drive and 1000 feet from Pottery, and given that the existing vegetation will remain undisturbed, the enclosure will be "hidden" and an unlikely target for graffiti. The project has been conditioned to pave the access roadway from Rancho Drive. Variance No. 2009 -02 The applicant has applied for a variance requesting relief from Section 17.76.100 of the Lake Elsinore Municipal Code, which limits building height to thirty (30) feet in the R -1 zone. The applicant is requesting permission to build its monopine to a height of seventy -five (75) feet. The project site sits below the grade of the Interstate 15 freeway. In order to provide adequate network coverage along the freeway corridor, the proposed antennas must "see" other sites in the Royal Street network. Royal Street's Radio Frequency Engineer has examined the three height options: 65, 75, and 85 feet. The Radio Frequency Engineer determined that the proposed 75 -foot height is an ideal height to satisfy Royal Street's coverage needs. The Site Justification report, including the Coverage Predictions, is enclosed in your packets. The proposed 75 -foot height exceeds the 30 -foot maximum height of buildings in the R -1 zone. However, because the proposed tower is to be stealthed as a monopine, it will blend in with the existing mature trees at the site that are similar in size and height. A series of photographic simulations are provided in your packets for consideration. Recommendation Staff recommends that the Planning Commission: 1. Approve Conditional Use Permit No. 2009 -07 to permit the construction and operation of a telecommunications facility consisting of a stealthed monopine with six panel antennas and one GPS antenna, and a four - cabinet equipment storage enclosure. Agenda It No. aZ Page of PLANNING COMMISSION STAFF REPORT CUP 2009 -07, VARIANCE 2009 -02, MDR NOVEMBER 17, 2009 2. Approve Variance No. 2009 -02, granting relief from Lake Elsinore Municipal Code Section 17.76.100. 3. Approve the Minor Design Review @ 422 Rancho Drive. Prepared By: Carole K. Donahoe, AICPdjy Planning Consultant Approved By: Tom Weiner Acting Director of Community Development Attachments: 1. Exhibit 'A' -Vicinity Map 2. Resolution No. 2009-_ adopting MSHCP Consistency Findings 3. Resolution No. 2009 - approving Conditional Use Permit No. 2009 -07 a. Conditions of Approval b. Exhibit 'B' —Site Plan (Sheet A -1) c. Exhibit 'C' —Elevations (Sheets A -3, A -4 and A -2) 4. Resolution No. 2009 - approving Variance No. 2009 -02 5. Resolution No. 2009 - approving the Minor Design Review @ 422 Rancho Drive 6. Exhibit'D' — Royal Street Coverage Prediction Study (Enclosure) 7. Exhibit 'E' — Photo Simulations (Enclosure) 8. Draft Acknowledgement of Conditions 9. Draft Notice of Exemption Agenda Item No. Page 4 Of VICINITY MAP VARIANCE NO. 2009 -02, CONDITIONAL USE PERMIT NO. 2009 -07 AND MINOR DESIGN REVIEW: 422 RANCHO DRIVE APN 377 - 320 -005 __ r ti0 PLANNING COMMISSION AlOUNsA TZ;. H0, 2- NOVEMBER 17, 2009 mo 5 cr- -3;L^ RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Royal Street Communications LLC (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2009 -07, Variance No. 2009 -02, and a Minor Design Review @ 422 Rancho Drive (collectively, the "Project "); and WHEREAS, the Developer proposes the Project on a leased portion of property owned by the Eastern Municipal Water District located at 422 Rancho Drive, on the south side of Rancho Drive, east of Pottery Street, and west of the Interstate 15 freeway, on parcels commonly identifiable as Assessor's Parcel Nos. 377 - 320 -005 and - 006 (the "Site "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of considering and approving, conditionally approving or denying requests for variances, conditional use permits, and minor design reviews; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 17, 2009. AGENDA ITEM a PA0E---�—OF PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 2 OF 5 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 application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. A General Biological Resources Assessment and Focused Burrowing Owl Survey was prepared for the Site, which included field surveys conducted on July 18, 2009, and revisions to the report dated October 25, 2009. The report revealed that no Riparian /Riverine habitat or Vernal Pools exist on the Site. It was determined that there are no areas which can retain water and therefore, no potential for fairy shrimp to occur on site. Therefore, the Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further Section 6.1.2 investigations or actions are necessary. A determination of wetlands and waters subject to jurisdiction of the U. S. Army Corps of Engineers under Section 404 of the Clean Water Act and California Department of Fish and Game under Section 1602 et seq. of the California Fish and Game Code was made on the Site. There are no wetlands or jurisdictional areas within the Project footprint or access roads. Limited raptor nesting and raptor foraging habitat exists within and /or adjacent to the proposed Project. The loss of this habitat is not significant due to the limited amount of `Take." AGENDA ITEM Ia�J. oZ PAGE ` 7 OF _,1_a_ _ PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 3 OF 5 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Assessment reported that no sensitive plant species or communities were observed on site. None are expected to occur as there is no suitable habitat on site. Furthermore, the Project is located outside of any Narrow Endemic Plant Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The Focused Burrowing Owl survey indicates that no burrowing owls, sign or potential burrowing owl habitat (i.e. ground squirrel burrows) were detected within the footprint area, zone of influence or access roads. No ground squirrel burrows were detected on site. Requirements for focused and additional surveys under Section 6.3.2 of the MSHCP have been met and no further actions are required. 6. The proposed project is consistent with the UrbaNWildlands Interface Guidelines. The Property is located outside of any MSHCP Conservation Area or U. S. Fish and Wildlife Service proposed Additional Reserve Lands. The Project is consistent with Section 6.1.4 of the MSHCP and no further actions are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The Site is disked on a regular basis for weed abatement. No further action regarding Section 6.3.1 of the MSHCP for vegetation mapping is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Property encompasses areas that would be subject to the Fuels Management Guidelines, and the site is adjacent to some vacant parcels that may require on -going brush abatement to reduce fire risk. The City has a program in place to address brush abatement when necessary. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 3a- PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 4 OF 5 10. The proposed project is consistent with the MSHCP. Based upon Survey findings, the proposed Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby adopts findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November, 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development AGENDAihry 1NO. ;L PAGE 0 1 OF _33 __ PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 5 OF 5 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 17th day of November 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Tom Weiner Acting Director of Community Development AGE- NCAi fzE . PAC 10 _ o RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009 -07 WHEREAS, Royal Street Communications (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2009 -07 (the "CUP "), in conjunction with a Minor Design Review ( "the Design ") and Variance No. 2009 -02 (the 'Variance"), which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on a leased portion of property owned by the Eastern Municipal Water District located at 422 Rancho Drive, on the south side of Rancho Drive, west of the Interstate 15 freeway, and east of Pottery Street, and known as Assessor's Parcel Nos. 377 - 320 -005 and -006 (the "Site "); and WHEREAS, the Developer proposes to construct a 75 -foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility on the Site; and WHEREAS, Section 17.76.020 of the Lake Elsinore Municipal Code does not permit, as of right, antenna or telecommunications facilities; and WHEREAS, Section 17.76.030 of the Lake Elsinore Municipal Code does not enumerate antenna or telecommunications facilities as permitted subject to the issuance of a conditional use permit; and WHEREAS, however, Section 17.76.030(F) gives the Planning Commission discretion to permit any other use in the R -1 zone subject to the issuance of a conditional use permit so long as the use is consistent with the intent of the R -1 zone and is compatible with the surrounding uses; 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 Agenda Item No. a Page H ofal PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 2 OF 5 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 November 17, 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 Conditional Use Permit No. 2009 -07 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 -07: 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. Agenda Item No. a— Page 13 of Ati PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE 3 OF 5 The General Plan designates the Site Medium Density Residential. However, the site is owned by the Eastern Municipal Water District, who has developed the site with water pipelines. The District has no pending development plans, but future uses may include additional water storage facilities. The District indicated that they do not plan to sell the property. 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. The project provides telecommunications network coverage to serve the needs of the City's residents, visitors, and the touring public who travel on Interstate 15. 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 existing, future, and adjacent uses. The enclosure is generally hidden from view, from existing streets and the freeway, by its location surrounded by existing mature trees and vegetation. 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. The project has been conditioned to pave an access road with asphalt concrete over native soil a minimum width of 12 feet, for maintenance vehicles that will visit the site. 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. Agenda Item No. a Page 1 - 3 of Ma PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 4OF5 The project has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval. 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. 2009 -07. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November, 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. ; Page � of S? PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 5 OF 5 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 17` day of November 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: t: Tom Weiner Acting Director of Community Development Agenda Item No. Page 15 of 7 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009 -07 (a- 422 RANCHO DRIVE, APN 377 - 320 -005 AND -006 PLANNING DIVISION 1. 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 -07 is tied to the Minor Design Review, and will expire with the expiration of the MDR. 2. 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 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. 4. 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, should be submitted to the Planning Department prior to the public hearing to pay for the cost of such filing. 5. All site improvements shall be constructed as indicated on the approved revised site plan and building elevations for the Minor 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. 6. This project lies within Project Area 3, Parcel No. 9 of the Redevelopment Agency. However, fees or other RDA requirements do not apply to commercial or industrial development. 7. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Minor Design Review and Conditional Use Permit. 8. The applicant shall replace any trees or other existing plants disturbed by the construction of the project. 9. 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. Page 1 of 3 !Agenda Item No. a' Page J I#— of A ? -a CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 AND A MINOR DESIGN REVIEW 10. 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. In the event that graffiti occurs on any portion of the enclosure, the applicant shall remove the graffiti immediately and restore the enclosure with proper paint. 11. In the event that the telecommunications facility ceases to operate for more than one (1) year, the applicant shall remove the equipment. 12. 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. 13. 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 14. The applicant shall obtain an encroachment permit for any work performed in the public right -of -way. 15. If applicable, 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 accept and properly dispose of all drainage flowing onto or through the site. 18. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the City's storm drain system. 19. 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 Page 2 of 3 Agenda Item No. ;I Page 1"7 of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 AND A MINOR DESIGN REVIEW during cleaning, demolition, clear and grubbing activities, or all other phases of construction. 20. The access road shall be paved with asphalt concrete over native soil with a minimum width of 12 feet. 21. The applicant shall dedicate additional right -of -way on Rancho Drive, along the property frontage, such that the centerline to property line is 30 feet and that the cul -de -sac radius is per City standard. FIRE DEPARTMENT — No comments, corrections or conditions. ADMINISTRATIVE SERVICES DIVISION — No comments nor conditions. (End of Conditions) Page 3 of 3 Agenda Item No. 0 - Page -it- of h� a �. E 2 P �O V O 0 i u i e I i I i I 1 LL! Q b O z 2 4 4 0 rn Cn f-y LL H Z Z O Q O z oz �a p� RUV_ eg U O � m w h� a �. E 2 P �O V O 0 i u i e I i I i I 1 LL! Q b O z 2 4 4 0 rn Cn f-y LL H �IJ O Q Z Z �z z oz �a p� U $$ b Y 8 2 4 e i §1 III. Q h e I e i e I e I i it \ e I h e I 0 . PAOE 0 1 mom @@� a nDm x.ain Wn�ims nDm nam nDm A $ p i g i p � 5 @ s � gg 11 fly g l ��e %� Y r w y g 5 b y gy p d g� 9 NO: I f ✓11 ,� aiL � % � ��� �1� v � -3 ui E3 oN J ,c LU O rM W A` /( l! LL 1�-1 E Dm n O pso- O ❑ �a v e� 0 . PAOE 0 1 QF'z 3m�o G N o ! eY g $ p N8� �. p @e@xex 5y 5�5 y f $ vet 4 €& qN q NO F! ca yil l _ l� " Y � n]a @$ I g o o �S ap nla im'wh mus'n]a tle e $ YH O nla� Q W h.4 F 7 n y , n N l u } eg$ � tl�+@ tl� Y�€T Y�� mdirMn nDa �• nla nDa y d uj y UJ t -o g• LL Z Z CL U R 11 � ��� �� egg � �� w g�d�gPpgg���g° Li' PI 1 1 E 'scJ. o I�E WDE k f — n o . z� o O s 999 999 s Ee.s Op s �) ; =o �' s' N N O a a s a a a a a a rl s €€rgs gggg gggY I9 i t f' I II - - - - -' - - - - -- i I — I � � o yy y z 2 Jb�' ;off J� 6 P •a �0 ~� �� §� ¢ J� 2�8 s y mom 'Tk � LLl Q Q wnrv¢ ^-^ O z rti � Aarrviae .c. aoiass 0 N LL H O Lu Q LrWh Pf, 1bbMibd �� H z LL_ O z �� pg a y@ y Z < AGES M a !' RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2009 -02 WHEREAS, Royal Street Communications (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2009 -02 ( "the Variance "), in conjunction with Conditional Use Permit No. 2009 -07 (the "CUP "), and 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 owned by the Eastern Municipal Water District located at 422 Rancho Drive, on the south side of Rancho Drive, west of the Interstate 15 freeway, and east of Pottery Street, and known as Assessor's Parcel Nos. 377 - 320 -005 and -006 (the "Site "); and WHEREAS, the Developer proposes to construct a 75 -foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility on the Site; and WHEREAS, Lake Elsinore Municipal Code Section 17.76.100 limits building height within the R -1 zoning district to thirty (30) feet; and WHEREAS, through Variance No. 2009 -02 the Developer requests relief from the maximum height requirement in the R -1 zone and permission to construct its monopine at seventy -five (75) feet; 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 variances; 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 November 17, 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 Variance No. 2009 -02 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.: Agenda Item No. 0 Page 21 of _a PLANNING COMMISSION RESOLUTION NO. 2009- 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 the approval of Variance No. 2009 -02: 1. Adequate conditions and safeguards pursuant to LEMC 17.172.050 have been incorporated into the approval of the variance to ensure development of the property 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 Medium Density Residential and lies within the R -1 Single Family Residential planning district. However, the site is owned by the Eastern Municipal Water District, who has developed the site with water pipelines. The District has no pending development plans, but future uses may include additional water storage or energy dissipation facilities. The District indicated that they do not plan to sell the property. 2. There are special circumstances, pursuant to the purpose of this chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. Agenda Item No. Page 44 of a PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 3 OF 4 The nature of the use and the existing site conditions create a situation where the parcel could not have future development other than for additional water storage or energy dissipation facilities, which is not typical of residential uses. The existing trees along the property line adjacent to the Interstate 15 freeway have grown to heights and densities that are atypical in residential zones. The proposed 75 -foot tall monopine will blend in with these trees. The site sits below the grade of the freeway onramp. Therefore, in order for the proposed monopine to "see" other sites in the network, the tower must exceed the R -1 maximum height of 30 feet for buildings. 3. In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose of this chapter and enable reasonable development of the property. Granting relief from the maximum building height for a telecommunications tower adjacent to the freeway is a reasonable deviation for such use. 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 -07, the Planning Commission hereby approves Variance No. 2009 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November, 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. Page 5 of Aa- 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 17 day of November 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. a' Page ,;�k 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 422 RANCHO DRIVE 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 -07 and Variance No. 2009 -02, which are collectively referred to herein as the 'Project'; and WHEREAS, the Developer proposes the Design on a leased portion of property located at 422 Rancho Drive, on the south side of Rancho Drive, west of the Interstate 15 freeway, east of Pottery Street, and known as Assessor's Parcel Nos. 377 - 320 -005 and -006 (the "Site "); and WHEREAS, the Design proposes the construction of a 75 -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, variances, 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 November 17, 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 422 Rancho 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 Agenda Item No. a' Page Q of PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE2OF4 from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 at seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 at 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 422 Rancho Drive: 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 Medium Density Residential. However, the property is owned and operated by the Eastern Municipal Water District, who has developed the site with water pipelines. The District has no pending development plans, but future uses may include additional water storage or energy dissipation facilities. The District indicated that they do not plan to sell the property. Agenda Item No. Page - 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 Project applicant reevaluated and revised their original submittal decreasing the height of the monopine from 85 to 75 -feet, which is the lowest point at which they can maximize coverage by their wireless system. The applicant sought relief from the 30 -foot maximum height in the R -1 zone, with the submittal of Variance No. 2009 -02. 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 R -1 development standards of the City's Zoning Code and Variance No. 2009 -02. 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 approving Conditional Use Permit No. 2009 -07, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility at 422 Rancho Drive. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November, 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. Page A9 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 17th day of November 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. a � Page 10 of 75- CITY OF LADE LSIH0R,E DREAM EXTREME ACKNOWLEDGEMENT OF DRAFT CONDITIONS RE: Conditional Use Permit No. 2009 -07 and Minor Design Review for a telecommunications facility located at 422 Rancho Drive (APN: 377 - 320 -005 & -006) I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We 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 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 Lake Elsinore Municipal Code (LEMC). Date: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. AGEtt'W: e' 4 '. :). PAZ-P _ = 1 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 ❑O County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Variance No. 2009 -02, Conditional Use Permit No. 2009 -07 and a Minor Design Review for a telecommunications facility at 422 Rancho Drive Project Location (Specific): 422 Rancho Drive, on the south side of Rancho Drive, west of the Interstate 15 freeway, east of Pottery Street. Project Location (Cit} : City of Lake Elsinore Project Location (Count}: Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The project is a wireless, unmann telecommunications facility stealthed as a monopine and associated equipment storage. The project site is owned by Eastern Municipal Water District and contains underground water pipelines. 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)) • 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 CIQA Guidelines section 15300.2 applies here. The facilities will not result in damage to scenic resources, including trees and other vegetation, and is not located on any site identified in Government Code section 65962.5 (hazardous and toxic waste sites). Contact Person: Carole K. Donahoe, AICP Project Planner Telephone Number: (951) 674 -3124 Extension 287 Signed: Tom Weiner Title: Acting Conamuni iW Development D rector PAGES OF .