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HomeMy WebLinkAboutPC Reso No 2013-48RESOLUTION NO. 2013 -48 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.: PLANNING COMMISSION RESOLUTION NO. 2013- 48 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, comfort, or general welfare of persons residing or working within the neighborhood of PLANNING COMMISSION RESOLUTION NO. 2013- 48 PAGE 3OF5 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 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 PLANNING COMMISSION RESOLUTION NO. 2013- 48 PAGE 4OF5 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. Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013- 48 PAGE 5OF5 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 -48 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 CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J.'MacHott, LEED Green Associate Acting Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2012-05 FOR "VERIZON WIRELESS FACILITY" GENERAL CONDITIONS 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 Planning Commission Approved April 16, 2013 Conditional Use Permit No. 2012 -05 — Verizon Conditions of Approval Page 2 of 4 owner shall remove the facility and convert the site to its original condition or better at 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 Approved April 16, 2013 Conditional Use Permit No. 2012 -05 — Verizon Conditions of Approval Page 3 of 4 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. Planning Commission Approved April 16, 2013 Conditional Use Permit No. 2012 -05 — Verizon Conditions of Approval Page 4 of 4 31. The applicant shall obtain coverage under the General Permit — Construction is required for a cumulative disturbance of 1 acre or more. Planning Commission Approved April 16, 2013