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HomeMy WebLinkAboutItem No. 2CITY OF LADE L LSIIYOIZE DREAM EXTREME. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE ACTING PLANNING MANAGER DATE: APRIL 16, 2013 SUBJECT: REVIEW - A REQUEST BY LOS ANGELES SMSA, L.P. dba VERIZON WIRELESS FOR APPROVAL OF THREE MONO FAUX BOULDER UNMANNED WIRELESS ANTENNAE FACILITIES AND IMPROVEMENTS LOCATED IN THE 31800 BLOCK OF CEDARHILL LANE AT THE CANYON HILLS WATER TANK SITE APPLICANT LOS ANGELES SMSA, L.P. dba VERIZON WIRELESS, 15505 SAND CANYON AVENUE, IRVINE, CA 92168 OWNER: ELSINORE VALLEY MUNICIPAL WATER DISTRICT, 31315 CHANEY STREET, LAKE ELSINORE, CA 92531 Project Request The applicant requests approval of Conditional Use Permit No. 2012 -05 and related Minor Design Review for the design and installation of three "unmanned" Wireless Communication Facilities located on the Canyon Hills Water Tank Site. The project consists of twelve (12) antennas that will be located within three (3) "Faux Boulders ", which will simulate the existing boulder outcroppings in the area. Project Location The subject project is located on the Canyon Hills water tank site, in the 31800 block of Cedarhills Lane and is currently owned by Elsinore Valley Municipal Water District (EVMWD). (Attachment 1) PC April 16, 2013 Item No. 2 Page 1 of 17 PLANNING COMMISSION STAFF REPORT CUP NO. 2012 -05 — VERIZON WIRELESS APRIL 16, 2013 PAGE 2 OF 4 Environmental Setting The site is bounded on the north, east and west by vacant open space land within the Canyon Hills Specific Plan, and south by vacant single family residential land. Discussion The proposed plan indicates that there are three (3) existing "T- Mobile ", "Sprint ", and "Cingular" Wireless Antennas which are located at the north and east side of the communication facility and are stealthed by "rectangular" shape simulated boulders. The facility also includes a fenced equipment shelter that can be accessed by three (3) existing access easements. The twenty -foot (20') easement located between existing residential units provides ingress and egress to the existing electrical transformer. A second twelve -foot (12') easement provides access to the existing communication equipment, with the last easement providing access to the stealth antennas located at the east side of the hill. The proposed location currently includes an electrical transformer, a communications facility, an electrical equipment enclosure and the stealth antennas. The entire site is currently secured by a chain link fence. The project site area is only visible from the Cedarhill Lane area of Canyon Hills. Analysis Staff supports the proposed Conditional Use Permit application for the following reasons: 1. Transmission /Calling Coverage: After extensive research regarding potential site placement, Verizon Wireless has concluded that due to the height requirements and the coverage objective of the selected search ring, there are no other practical locations for Verizon Wireless. The applicant has indicated that in order to provide the desirable service, the antennas must be oriented in three (3) different directions PC April 16, 2013 Item No. 2 Page 2 of 17 t dN I111 vg E ERA T'EA [_[ -M Project Existing Water Canyon Hills Specific Plan Canyon Hills Specific Plan Site Tank North Vacant Canyon Hills Specific Plan Canyon Hills Specific Plan South Single Family Canyon Hills Specific Plan Canyon Hills Specific Plan Residential East Vacant Canyon Hills Specific Plan Canyon Hills Specific Plan West Vacant Canyon Hills Specific Plan Canyon Hills Specific Plan Discussion The proposed plan indicates that there are three (3) existing "T- Mobile ", "Sprint ", and "Cingular" Wireless Antennas which are located at the north and east side of the communication facility and are stealthed by "rectangular" shape simulated boulders. The facility also includes a fenced equipment shelter that can be accessed by three (3) existing access easements. The twenty -foot (20') easement located between existing residential units provides ingress and egress to the existing electrical transformer. A second twelve -foot (12') easement provides access to the existing communication equipment, with the last easement providing access to the stealth antennas located at the east side of the hill. The proposed location currently includes an electrical transformer, a communications facility, an electrical equipment enclosure and the stealth antennas. The entire site is currently secured by a chain link fence. The project site area is only visible from the Cedarhill Lane area of Canyon Hills. Analysis Staff supports the proposed Conditional Use Permit application for the following reasons: 1. Transmission /Calling Coverage: After extensive research regarding potential site placement, Verizon Wireless has concluded that due to the height requirements and the coverage objective of the selected search ring, there are no other practical locations for Verizon Wireless. The applicant has indicated that in order to provide the desirable service, the antennas must be oriented in three (3) different directions PC April 16, 2013 Item No. 2 Page 2 of 17 PLANNING COMMISSION STAFF REPORT CUP NO. 2012 -05 — VERIZON WIRELESS APRIL 16, 2013 PAGE 3OF4 in order to provide 360 degree coverage. With the surrounding residential development being at 1710 feet above sea level and the top of the hill being at 1810 feet above sea level, the ten -foot (10') high antennas will meet Verizon's height requirements. 2. Stealthing Improvements: The proposed "faux boulder" antennas, which resemble the existing boulder outcroppings in design, appearance and character will serve to conceal the antennas from view, as depicted in the photo simulations (Attachment 4), while giving the appearance of natural boulder clusters. Concealment of the antennas is further enhanced by the remote site location as well as underground cabling for the proposed facility. Views of the stealth antennas will be from a distance since the site location is not accessible to the public. It should be noted that since no viable source for water exists near the facility and also the site is an and environment, landscaping is not proposed. 3. Decorative Fencing: The proposed equipment cabinets will be located within an approximately 440 square foot lease area. Security for the lease area will be provided by the existing walls and a six -foot (6') high decorative wrought iron fence painted "Desert Tan" to match the existing habitat. 4. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, Verizon Wireless technicians visit the facility approximately once every four (4) to six (6) weeks. Additionally, no increase in ambient noise level is anticipated as there are no external air conditioning units needed or proposed for this facility. The applicant is responsible to maintain the site in its original condition and will be required to obtain an easement rights from EVMWD. Environmental Determination Staff has determined that the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15303 (New Construction or Conversion of Small Structures) because the proposed project consists of the construction and location of a limited number of new, small facilities or structures. Recommendation Adopt Resolution No. 2013 -_ approving Conditional Use Permit No. 2012 -05 and Resolution No. 2013 - approving a Minor Design Review for the design and construction of three Mono -Faux Boulder Unmanned Wireless Antenna Facilities and PC April 16, 2013 Item No. 2 Page 3 of 17 PLANNING COMMISSION STAFF REPORT CUP NO. 2012 -05 — VERIZON WIRELESS APRIL 16, 2013 PAGE 4OF4 associated improvements based on the Findings, Exhibits, and Conditions of Approval attached to this Staff Report. Prepared By: Kirt A. Coury, K<:-� Project Planner Approved By: Richard J. MacHott, LEED Green Associate�� Acting Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Verizon Wireless Architectural Booklets and Photo Simulations PC April 16, 2013 Item No. 2 Page 4 of 17 VICINITY MAP CUP 2012 -015 VERIZON WIRELESS PC April 16, 2013 Item No. 2 Page 5 of 17 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2012 -05 FOR THE METRO PCS TELECOMMUNICATIONS FACILITY AT THE CANYON HILLS WATER TANK SITE WHEREAS, Verizon Wireless ( "Developer "), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2012 -05 ( "CUP "), in conjunction with a Minor Design Review ( "Design "), which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on a leased portion of property located at the Canyon Hills Water Tank Site, and known as Assessor's Parcel No. 363- 200 -021 ( "Site'); and WHEREAS, the Developer proposes to construct three mono -faux boulder unmanned wireless antenna facilities and associated improvements located on the Canyon Hills water tank site; 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 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 April 16, 2013. 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. 2012 -05 for the Verizon Wireless Telecommunication Facilities 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.: PC April 16, 2013 Item No. 2 Page 6 of 17 PLANNING COMMISSION RESOLUTION NO. 2012- 05 PAGE 2OF5 "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 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." The proposed wireless telecommunication facility equipment, faux boulder towers, 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 as set forth in CEQA Guidelines Section 15300.2 are applicable. 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. 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. 2012 -05: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the Site is located. The wireless communication facility is consistent with the goals and objectives of the General Plan, which require that the City provide infrastructure and services to support existing and future land uses. Given the recent increase in wireless communications devices, demand for better service reception has resulted in a demand for more wireless communications facilities. The Project. will contribute to the overall number of facilities that service the City, its residents, and guests. As proposed, the wireless telecommunication facility will sit above the Canyon Hills water tank, within the Canyon Hills Specific Plan. According to the Specific Plan, the purpose of the area in which the facility will be located is to preserve environmental and scenic resources. The wireless communication facility is designed to blend in with the natural setting as a faux boulder facility which furthers the intent of this purpose. 2. The proposed use will not be detrimental to the general health, safety, PC April 16, 2013 Item No. 2 Page 7 of 17 PLANNING COMMISSION RESOLUTION NO. 2012- 05 PAGE 3OF5 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. All applicable City departments and agencies have been afforded the opportunity to review the Conditional Use Permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation, design and maintenance, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City 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 location for the proposed wireless communication facility is appropriate to the site and surrounding developments. The tower and antenna are shaped in the form of a faux boulder and will blend into the surrounding topography. Further the proposed wireless communication facility will complement the quality of the existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in architectural design, color and materials. 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 additional traffic generated by the approval of this wireless communication facility will not be significant. These facilities require minimal maintenance; but to the extent that they do, the site is served by an existing twenty (20) foot wide paved ingress /egress easement from Cedar Lane, which will allow service crews access to the wireless communication facility at the top of the hill. 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 proposed wireless communication facility is appropriate to the site and surrounding developments in that the tower and antennas have been designed with as faux boulders, which blend into the landscape and topography of the area. Further the proposed wireless communication facility will complement the quality of the existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing facility in architectural design, color and materials. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal PC April 16, 2013 Item No. 2 Page 8 of 17 PLANNING COMMISSION RESOLUTION NO. 2012- 05 PAGE 4 OF 5 Code ( "LEMC ") Section 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. Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on April 16, 2013. 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. 2012 -05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 16th day of April 2013. ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager Rick Morsch, Chairman City of Lake Elsinore PC April 16, 2013 Item No. 2 Page 9 of 17 PLANNING COMMISSION RESOLUTION NO. 2012- 05 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of April 2013, and that the same was adopted by the following vote: AYES NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Acting Planning Manager PC April 16, 2013 Item No. 2 Page 10 of 17 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE METRO PCS TELECOMMUNICATIONS FACILITY AT THE CANYON HILLS WATER TANK SITE WHEREAS, Verizon Wireless ( "Developer ") filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review ( "Design "), in conjunction with Conditional Use Permit No. 2012 -05, which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on a leased portion of property located at the Canyon Hills Water Tank Site, and known as Assessor's Parcel No. 363- 200 -021 ( "Site "); and WHEREAS, the Developer proposes to construct three mono -faux boulder unmanned wireless antenna facilities and associated improvements located on the Canyon Hills water tank site; 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 Conditional Use Permit and related Minor Design Review applications in the City of Lake Elsinore; 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 April 16, 2013. 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 Verizon Wireless Telecommunication Facilities 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.: PC April 16, 2013 Item No. 2 Page 11 of 17 PLANNING COMMISSION RESOLUTION NO. 2013- 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 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." The proposed wireless telecommunication facility equipment, faux boulder towers, 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 as set forth in CEQA Guidelines Section 15300.2 are applicable. 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. 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 Canyon Hills Water Tank Site: 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 Minor Design Review complies with the goals and objectives of the General Plan in that the approval of this cellular telecommunications facility project will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses as well as improve wireless communication coverage for the general public and City of Lake Elsinore residents in the general area. 2. The project complies with the design directives contained in the Lake Elsinore Municipal Code ( "LEMC ") Section 17.184.060 and all other applicable provisions of the Municipal Code. The Minor Design Review is appropriate to the site and surrounding developments in that the cellular telecommunications facility has been designed in consideration of the size and shape of the property. Further, the project, as conditioned, will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed PC April 16, 2013 Item No. 2 Page 12 of 17 PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 3 OF 4 development and existing projects in that the cellular tower will be stealth in design and blend into the existing environment. 3. Conditions and safeguards pursuant to LEMC Section 17.184.110, 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. Pursuant to Section 17.184.050 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on April 16, 2013. 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 at the Canyon Hills Water Tank Site. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 16th day of April 2013. ATTEST: Richard J. MacHoft, LEED Green Associate Acting Planning Manager Rick Morsch, Chairman City of Lake Elsinore PC April 16, 2013 Item No. 2, Page 13 of 17 PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of April 2013, and that the same was adopted by the following vote: AYES NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Acting Planning Manager PC April 16, 2013 Item No. 2 Page 14 of 17 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2012 -05 FOR "VERIZON WIRELESS FACILITY" GENERAL CONDITIONS 1. The proposed project (Conditional Use Permit No. 2012 -05) consists of installation of three "unmanned" Wireless Communication Facilities located on the Canyon Hills Water Tank Site. The project consists of twelve (12) antennas that will be located within three (3) "Faux Boulders ", which will simulate the existing boulder outcroppings in the area. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit project attached hereto.. PLANNING DIVISION 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the applicable provisions of the Lake Elsinore Municipal Code (LEMC). 5. Conditional Use Permit No. 2012 -05 shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. 6. Any violation or non - compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit. 7. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). 8. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 9. In the event the telecommunication facility ceases to operate, the applicant or property owner shall remove the facility and convert the site to its original condition or better at Planning Commission Approved February 6, 2007 PC April 16, 2013 Item No. 2 Page 15 of 17 Conditional Use Permit No. 2012 -05 — Verizon Conditions of Approval Page 2 of 3 the discretion of the Community Development Director or Designee. 10.The applicant shall re -paint and repair the wrought iron fence surrounding the identified lease area to its original `desert tan' color and condition. 11. The applicant shall be required to maintain and /or repair the telecommunication facility including the proposed antennas and facility equipment per the discretion of the Community Development Director or his designee. 12. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property. PRIOR TO BUILDING PERMITS 13.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Building Official or Designee prior to issuance of building permits and final approval. 14. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the City of Lake Elsinore Fire Marshal have been met. ENGINEERING DIVISION 15.The applicant shall obtain an encroachment permit for any work performed in public right of way. 16. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) if applicable, shall be paid prior to issuance of building permit. 17.If grading exceeds 50 cubic yards, grading plans shall be prepared by a Calif. 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. 18. The applicant shall treat the proposed faux rocks with anti - graffiti paint. 19. This project may require removal of large rocks or boulders. The applicant shall ensure that disturbed and /or relocated rocks and boulders are adequately stabilized from moving downhill. Planning Commission April 16, 2013 PC April 16, 2013 Item No. 2 Page 16 of 17 Conditional Use Permit No. 2012 -05 — Verizon Conditions of Approval Page 3 of 3 20.The applicant shall implement NPDES Best Management Practices (BMP's). The BMP's shall be listed on the construction plans. 21. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 22. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 23. The Engineering Division Inspection Permit shall be applied for and issued ($440). 24.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 25.Applicant shall obtain necessary rights of entry from adjacent property owners for construction of facilities, for construction along the boundary of the site and for access to the site. 26. Applicant shall record all necessary access easements to the site prior to grading permit issuance. 27. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 28. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement or mitigated by a method approved by the City Engineer. 29.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 30. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 31. The applicant shall obtain coverage under the General Permit — Construction is required for a cumulative disturbance of 1 acre or more. Planning Commission April 16, 2013 PC April 16, 2013 Item No. 2 Page 17 of 17