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HomeMy WebLinkAboutItem No. 2CITY OF �h� LADE LSIROR DREAM EXTREME,. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 1, 2009 SUBJECT: PLANNING COMMISSION CONSIDERATION OF A WIRELESS TELECOMMUNICATION FACILITY AS A CONDITIONAL USE WITHIN THE NEIGHBORHOOD COMMECIAL (C -1 /SP) ZONING DISTRICT OF THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN AND CONDITIONAL USE PERMIT NO. 2009 -09 AND A MINOR DESIGN REVIEW: TO ESTABLISH AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY WITHIN A PREVIOULSY APPROVED 50 -FOOT TALL FREESTANDING SIGN STRUCTURE, TO EXCEED THE MAXIMUM STRUCTURAL HEIGHT LIMIT OF THE ZONE AND TO CONSTRUCT ASSOCIATED ACCESSORY EQUIPMENT ON PROPERTY LOCATED AT 31569 CANYON ESTATES DRIVE (APN: 363 - 910 -001, 002,003). APPLICANT: ROYAL STREET COMMUNICATIONS C/O SEQUOIA DEVELOPMENT SERVICES INC. ONE VENTURE, SUITE 200, IRVINE, CA 92618 OWNER: KIPP P. DUBBS/TRJ ASSOCIATES INC. 23187, LA CADENA DRIVE, SUITE 102, LAGUNA HILLS, CA 92653 Project Request The applicant is requesting thatthe Planning Commission find wireless telecommunication facilities in accord with the purpose of the Neighborhood Commercial (C -1 1SP) zoning district within the Canyon Creek "Summerhill" Specific Plan and to have characteristics similar to other conditional uses in the zone. In addition, the applicant is requesting approval of a Conditional Use Permit (CUP) and a Minor Design Review to establish and operate a wireless telecommunication facility within a previously approved 50 -foot tall sign AGENDA MIN 40. PAG9 t1F Conditional Use Permit No. 2009 -09 December 1, 2009 Page 2 of 6 structure, to exceed the maximum 35 -foot height limit in the zone and to construct associated accessory equipment. Project review is pursuant to the Canyon Creek "Summerhill" Specific Plan C -1 /SP Neighborhood Commercial zoning district, Chapters 17.168 (Conditional Use Permits) and 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC). Background On September 19, 2006, the Planning Commission reviewed and recommended City Council approval of Commercial Design Review No. 2006 -04 for the "Plaza at Lakeview" office complex consisting of a 33,240 square -foot professional office building and a 31,900 square -foot medical office building with related improvements on a 5.19 acre site. Subsequently, on October 10, 2006, the City Council considered the Planning Commission's recommendation and approved Commercial Design Review No. 2006 -04. On May 6, 2008, the Planning Commission approved Uniform Sign Program No. 2007 -10. The Program included various building mounted and free standing signs including a 50 -foot tall double -faced freeway oriented pylon sign. The property owner and Royal Street Communications are now requesting to incorporate a wireless telecommunication facility into the design of the previously approved (yet to be constructed) sign structure and to construct associated accessory equipment on the project site. Setting OCi4TION EXISTII Gl ZOIVIN w�= � GEI�ER� 02 N Project Site Office Neighborhood Commercial Canyon Creek Specific Plan (C -1 /SP) "Summerhill" Specific Plan North Residential Single - Family Residential Canyon Creek (R -1) "Summerhill" Specific Plan South Interstate 15 Free a East Hotel /Office Neighborhood Commercial Canyon Creek Specific Plan (C -1 /SP) "Summerhill" Specific Plan West Vacant Neighborhood Commercial Canyon Creek Specific Plan (C -1 /SP) "Summerhill" Specific Plan Agenda Item Page of Conditional Use Permit No. 2009 -09 December 1, 2009 Page 3 of 6 Land Use Consistency The subject property is located within the Canyon Creek "Summerhill" Specific Plan and has a zoning designation of Neighborhood Commercial (C- 1 /SP). Section 010 of the Specific Plan identifies the following purpose for the (C -1 /SP) zone: "To provide opportunities for administrative and professional offices as well as ancillary uses and those additional uses which through appearance and operation are harmonious with the character of an office environment and provide locations for general retail uses which offer the sale of goods and services to the general public and which, through characteristics of their operation, serve primarily the day -to -day shopping needs of local residents." Wireless telecommunication facilities are not specifically listed as either a permitted or conditional use within the Neighborhood Commercial (C -1 /SP) zone nor are they specifically prohibited. Neighborhood Commercial (C -1 /SP) Zoning District Section 030.N. allows the Planning Commission to permit other uses not specifically listed as conditional uses in the C -1 /SP zone when the use is determined to be in accord with the purpose of the zoning district and has similar characteristics to those uses currently listed. The Planning Commission has previously approved other telecommunications facilities in Commercial zones throughout the City subject to the issuance of a Conditional Use Permit. Therefore, staff believes the proposed wireless telecommunication facility should be allowed as a conditional use within the CA zoning district of this Specific Plan. Proposed Conditional Use Permit & Minor Design Review The applicant is proposing to construct and operate the use within a previously approved 50 -foot tall double sided, three - hundred forty -seven square foot freeway oriented pylon sign structure. The sign is to be located within a landscaped area at the southwest corner of the project site between the property line and onsite parking lot. In addition, the applicants are requesting to construct an approximately two- hundred fifty square foot equipment enclosure adjacent to the sign structure which will house an emergency generator and equipment cabinets. The telecommunication facility will be completely hidden within the sign structure. The only modification to the previously approved sign structure will be the use of a transparent material in front of the cellular antennas. A non- exclusive twelve -foot wide access easement will be recorded achieving access from the site entrance to the proposed telecommunication facility. 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 Canyon Creek "Summerhill" Specific Plan and the C -1 /SP zoning district. Agendc34tem Page of Conditional Use Permit No. 2009 -09 December 1, 2009 Page 4 of 6 Analysis Facility Siting: Staff believes the proposed use, with the attached conditions of approval, meets all applicable development standards including setbacks, height and screening and criteria outlined in both the (C -1 /SP) Neighborhood Commercial Zoning District of the Canyon Creek "Summerhill" Specific Plan, Chapter 17.168 (Conditional Use Permits) and Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC). Transmission /Calling Coverage: After extensive research regarding potential site placement, Royal Street Communications has concluded that due to the height requirements and the coverage objective of the selected search ring, there are no other practical locations for the telecommunications facility within the immediate area. In addition, the applicant attempted to work with the landlord of the property to the west of the project site which has an existing cellular monopole on it. However, the landlord was not interested in allowing the applicant to co- locate on the existing tower facility. Other potential sites that were considered included the Holiday Inn Express and the existing storage facility to the west of the project site. The applicant was unable to reach an agreement for co- location with Holiday Inn Express and the storage facility because agreeable lease terms could not be reached and /or the property owner was not interested. 3. Height of Telecommunications Facility: The applicant has indicated that in order to provide desirable service, the overall height of the telecommunications facility must be a minimum fifty feet (50') above grade. The Canyon Creek "Summerhill" Specific Plan Section 060 allows a maximum structure height of thirty -five feet (35') within the C -1 /SP zoning district. Section 030.E further allows for structures to exceed the maximum height requirement subject to the issuance of a Conditional Use Permit. Sign Program 2007 -10 permits a fifty (50) sign; however, a conditional use permit was not issued for this height deviation when Sign Program 2007 -10 was originally approved. The applicant is now requesting a conditional use permit to allow the height of the pylon sign to be fifty feet (50') above grade. Staff believes the proposed height increase will not result in incompatibility issues with surrounding properties and planned land uses given that the telecommunications facility will be fully incorporated into a previously approved fifty -foot (50') tall freeway oriented pylon sign structure and will have sufficient setbacks from surrounding properties. 4. Stealthing Improvements: The proposed telecommunications facility will be located entirely within a previously approved, but yet to be constructed, freeway oriented sign structure and will be completely screened from view. The telecommunications facility will require only minor modifications to the previously approved freeway oriented freestanding pylon sign structure. However, the visual effects resulting from the material modification will be negligible. The location, size and colors used for the sign structure will not be modified in association with this project. Agenda Item Page of Conditional Use Permit No. 2009 -09 December 1, 2009 Page 5 of 6 5. Decorative Landscaping & Fencing: The conceptual landscape plan indicates that a decorative concrete planter will be constructed around the base of the sign structure. The planter will be filled with a variety of shrubs including, but not limited to Varigated Pittisporum, Daylily and New Zealand Plax. In addition, four (4) twenty -four inch box Strawberry Trees will be planted around the sign just outside the planter area all of which will serve to enhance the aesthetics of the facility which is visible from the Interstate 15 freeway corridor. Moreover, the adjacent equipment enclosure walls will be surrounded with vines and shrubbery which will serve to soften the structure and blend with the adjacent existing landscaping. 6. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, Cingular Wireless technicians visit the facility approximately once or twice a month for routine maintenance visits. Additionally, no increase in ambient noise level is anticipated as there are no external air conditioning units needed or proposed forthis facility. The applicants are 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 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 etseq.: "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 wireless telecommunications facility, equipment enclosure, 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, 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 -09 and a Minor Design Review can be approved. Agenda Item CZ Page - of Conditional Use Permit No. 2009 -09 December 1, 2009 Page 6 of 6 Recommendation a. Adopt a Resolution No. 2009 -_ adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b. Adopt a Resolution No. 2009 -_ permitting telecommunication facilities as a conditional use within the Canyon Creek "Summerhill" Neighborhood Commercial C- 1 /SP zoning district, allowing the facility to exceed the maximum structure height allowed in the zone and approving Conditional Use Permit No. 2009 -09 for the operation of a wireless telecommunications facility within a proposed 50 -foot tall freestanding sign structure and associated accessory equipment based on the Findings, Exhibits, and proposed Conditions of Approval. c. Adopt a Resolution No, 2009 -_ approving a Minor Design Review to construct a wireless telecommunications facility within a proposed 50 -foot tall freestanding sign structure and associated accessory equipment, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Matthew C. Ha Senior Planner •1 Approved By: Tom Weiner; W Acting Director of Community Development Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval 6. Full Size Plans 7. Project Simulation Photos 8. Coverage Prediction Maps Agend Item Page (o m of :S5 VICINITY MAP CONDITIONAL USE PERMIT NO. 2009 -09 AND MINOR DESIGN REVIEW ROYAL STREET COMMUNICATIONS TELECOMMUNICATION FACILITY APN 363- 910 -001, 002, 003 PLANNING COMMISSION DECEMBER 1, 2009 AG.idDAlFfll4f?• PAGE 2 ._ OP 16.7 RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Royal Street Communications, c/o Sequoia Development Services Inc, has submitted application for a telecommunications facility and associated equipment (the "Project') on property located at 31569 Canyon Estates Drive (APN: 363- 910 - 001,002,003); 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 December 1, 2009. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: AGENDA ITEM NO.�� PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 2 OF 5 SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Implementing Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed project site lies within Criteria Cells #4646 and #4647. However, based upon a verbal "common law vested rights agreement' between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Accordingly, the current proposed project would also be subject to this same agreement. City Planning Staff conducted a site reconnaissance survey in 2006 in association with the previous development of the site to ensure that no issues could be raised regarding consistency with the MSCHP's other "Plan Wide Requirements" The only requirements potentially applicable to the proposed project are the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The proposed project site has already been graded and developed as approved under the previous agreement and no habitat is present on site, including riparian /riverine areas or vernal pools. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, according to the City's MSHCP Implementing Resolution, the site is exempt from the MSHCP and therefore it was not processed through a Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The proposed project is exempt from the MSHCP. Notwithstanding the foregoing, a site reconnaissance survey was conducted in 2006 in connection with the site development approvals and no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources were identified on the proposed project site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable to the proposed project. Agenda Item No. Page 1 1 of d 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 proposed project is exempt from the MSHCP. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the proposed project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The proposed project is exempt from the MSHCP. Further, the MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project is exempt from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The proposed project is exempt from the MSHCP. Further, the entire proposed project site has been graded and developed. There are no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project is exempt from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions or approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. At the time the project site was previously developed, the project was required to pay the City's MSHCP Local Development Mitigation Fee. 10.The proposed project is consistent with the MSHCP. As stated in No. 1 above, the proposed project is exempt from the MSHCP based upon a "common law vested rights agreement" between the City and the Agenda Item No. -I- Page 10 of as- PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE 4 OF 5 previous landowner. That exemption continues to apply to the current proposed project. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of December, 2009, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Jimmy Flores, Chairman Lake Elsinore Planning Commission ATTEST Tom Weiner Acting Director of Community Development Agenda Iterp No. Page H of 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 1 st day of December 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. ';�' Page 1.�- of= RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TELECOMMUNICATIONS FACILITIES AS A CONDITIONAL USE WITHIN THE C -1 1SP NEIGHBORHOOD COMMERCIAL ZONING DISTRICT OF THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN AND APPROVING CONDITIONAL USE PERMIT NO. 2009-09 WHEREAS, Royal Street Communications, has initiated proceedings to request the approval of Conditional Use Permit No. 2009 -09 (the "CUP "), in order to establish and operate a fifty -foot (50') tall telecommunications facility within a previously approved freestanding freeway oriented sign structure which exceeds the maximum height requirements of the C -1 /SP zoning district in conjunction with a Minor Design Review ( "the Design "), which are collectively referred to herein as the "Project'; and WHEREAS, the project is proposed on a leased portion of property located at 31569 Canyon Estates Drive, and known as Assessor's Parcel No. 363- 910 -001, -002, -003 (the "Site "); and WHEREAS, telecommunications facilities are neither a permitted use nor conditionally permitted use in the C -1 /SP Neighborhood Commercial zoning district; and WHEREAS, however, the Canyon Creek "Summerhill" Specific Plan authorizes the Planning Commission of the City of Lake Elsinore to find uses not listed as either a permitted or conditionally permitted use in the specific plan designated district to be conditionally permitted if the Planning Commission finds that the use comports with the purpose of the specific plan designated district and is similar in characteristic to other conditional uses in the specific plan district; and WHEREAS, Canyon Creek "Summerhill" Specific Plan Section 060 allows a maximum structure height of thirty -five feet (35') within the C -1 /SP specific plan district; and WHEREAS, Canyon Creek "Summerhill" Specific Plan further provides in Section 030.E that structures may exceed the maximum height requirement subject to the issuance of a conditional use permit; 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 December 1, 2009. Agenda Item No. ,2- Page of a5 PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 2OF5 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 -09 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 wireless telecommunications facility, equipment enclosure, 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 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 -09: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the Site is located. The General Plan designates the Site Canyon Creek "Summerhill" Specific Plan. The Site is already fully developed with an existing professional office park complex. The Project is located in the C -1 1SP Neighborhood Commercial district, whose Agenda Item m L No. Page � of PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE 3 OF 5 intent is to reserve appropriate locations to accommodate professional offices and general retail uses which serve the needs of local residents. The Project proposes to blend into the existing office complex by being fully incorporated into a previously approved freestanding freeway oriented pylon sign structure and will be fully screened from public view. The applicant's objective is to provide cellular phone network coverage to the surrounding area for residents, businesses and visitors. 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. While the proposed fifty (50) foot tall cellular telecommunications facility exceeds the maximum structure height in the C -1 1SP zoning district by fifteen (15) feet, 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 walls and screening have all been incorporated into the design of the facility to ensure that the proposed Fifty (50) foot tall structure will not be incompatible with existing and planned surrounding land uses. Moreover, the facility will be fully screened from public view and will include landscaping improvements to enhance its aesthetics. 4. 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 Canyon Creek "Summerhill" Specific Plan and to the extent that the Specific Plan is silent, the City's Municipal Code. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. 5. 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 Item No. Page 15 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 this Resolution approving Conditional Use Permit No. 2009 -09, the Planning Commission hereby approves Conditional Use Permit No. 2009 -09. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of December, 2009, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. '?- Page ( (a 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 1 st day of December 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Tom Weiner Acting Director of Community Development Agenda Item No. Page J — 7 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 PLAZA OFFICE COMPLEX 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 -09, which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Design on a leased portion of an existing professional office park complex located at 31569 Canyon Estates Drive, and known as Assessor's Parcel No. 363- 901 - 001,002,003 (the "Site "); and WHEREAS, the Design proposes the construction and operation of a wireless telecommunications facility within a previously approved 50 -foot tall freeway oriented sign structure, to exceed to maximum allowed structure height and to construct associated accessory equipment; 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 wireless telecommunications facility 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 December 1, 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 Plaza professional office complex prior to making a decision and has found it acceptable. Agenda Item No. a Page - a of :? PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE2OF4 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 wireless telecommunications facility, equipment enclosure, 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 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 Plaza Professional Office Complex: 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 General Plan designates the Site as Canyon Creek "Summerhill" Specific Plan. The Planning Commission has allowed for telecommunication facilities as a conditional use in the Neighborhood Commercial C -1 1SP zoning district subject to the issuance of a conditional use permit. The Project includes Conditional Use Permit No. 2009 -09. The Project is located in the Neighborhood Commercial Specific Plan C1 1SP zoning district, wherein structures that exceed the maximum height of thirty -five feet require the submittal of a conditional use permit. However, adequate setbacks, security walls and screening have all been incorporated into the proposed 50 -foot tall telecommunications facility. Therefore, the facility will be compatible with existing and planned surrounding land uses and a Conditional Use Permit has been approved for the increased height of the facility. Agenda Ite No. Page of Z 5 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 proposed telecommunications facility will comply with all Canyon Creek "SummerhilP" Specific Plan and City Municipal Code development standards including but not limited to setbacks and height requirements. 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 Neighborhood Commercial Specific Plan C -1 1SP development standards of the Canyon Creek "SummerhilP' Specific Plan. 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, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility and associated accessory equipment at The Plaza Professional Office Complex. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of December, 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. Page ;� 0 of PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE4OF4 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 1 st day of December 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 ;)- I of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-09 AND A MINOR DESIGN REVIEW PLANNING DIVISION GENERAL CONDITIONS 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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2009 -09 and Minor Design Review located at 31569 Canyon Estates Drive (APN: 363- 910 -001, -002, -003). 2. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project approval. 3. The project shall comply with all applicable requirements of the Canyon Creek "Summerhill" Specific Plan, and to the extent that the Canyon Creek "Summerhill" Specific Plan is silent, the Lake Elsinore Municipal Code (Title 17), unless modified by approved Conditions of Approval. 4. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit and Design Review. 5. 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. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. CONDITIONAL USE PERMIT 7. In the event that the telecommunications facility ceases to operate for more than one (1) year, the applicant shall remove the equipment. 8. 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. Page 1 of 3 Agenda Item No. Page 'a lot -Y MINOR DESIGN REVIEW 9. 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 -09 is tied to the Minor Design Review, and will expire with the expiration of the MDR. 10. All site improvements shall be constructed as indicated on the approved 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. 11. The sign structure and enclosure walls shall be painted with an anti - graffiti material. In the event that graffiti occurs, the property owner shall remove the graffiti immediately. 12. The applicant shall replace any trees or other existing plants disturbed by the construction of the project in accordance with the approved Conceptual Landscape Plan. 13. Construction Landscape Plans and Irrigation Details for the project are 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. The plans shall provide for ground cover, shrubs, trees, and vines 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. 14. 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. Page 2 of 3 Agendalte No � . Page 3of - CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-09 AND A MINOR DESIGN REVIEW 15. Noise, associated with the proposed emergency generator, shall comply with the City's Noise Ordinance provisions. (End of Conditions) Page 3 of 3 Agenda Ite ^�. Z Page � ! of�S CITY OF ,/�� LAKQE C LS1I10FE !` DREAM EXTREME. Notice of Exemption Filed With: ❑ Office of Planning and Research 21 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 -09 and Minor Design Review: Wireless Telecommunications Facility for Royal Street Communications. Project Location (Specific): The proposed project site is located at 31569 Canyon Estates Drive (APN: 363 -910- 001,002,003). Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: Conditional Use Permit No. 2009.09 & Minor Design Review: The applicant is requesting Planning Commission consideration of wireless telecommunication facilities as a conditional use within the Canyon Creek "SummerhilP' Specific Plan Neighborhood Commercial C -1 /SP zoning district and approval of Conditional Use Permit (CUP) 2009 -09 and Minor Design Review to construct and operate a 50 -foot tall wireless telecommunications facility within a previously approved freeway oriented pylon sign structure, exceed the maximum allowable structure height and to construct associated accessory equipment on property located at 31569 Canyon Estates Drive (APN: 363 - 910 - 001,002,003). The project was approved by the Lake Elsinore Planning Commission on December 1, 2009. Project review is pursuant to the Canyon Creek "SummerhilP' Specific Plan C -1 /SP Neighborhood Commercial zoning district, Chapters 17.168 (Conditional Use Permits) and 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC). Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Matthew C. Harris, Senior Planner, City of Lake Elsinore Exempt Status: N 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 modification are made in the exterior of the structure. Reasons why project is exempt: The proposed telecommunications facility and associated improvements qualify for a Class 3 exemption because they involve the construction of limited numbers or 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. Contact Person: Matthew C. Harris, Senior Planner Telephone Number: (951) 674 -3124 x 279 Signed: Title: Acting Director of Community Development Tom Weiner AGa:NDA WO.� PAGOF-35_. O 33R T P .mgSk NO I ix. 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