HomeMy WebLinkAboutPC Reso No 2013-49RESOLUTION NO. 2013 -49
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.:
PLANNING COMMISSION RESOLUTION NO. 2013- 49
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"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
PLANNING COMMISSION RESOLUTION NO. 2013- 49
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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.
/' LI
,
Rick Morsch, Chairman
City of Lake Elsinore
ATTEST:
Richard J. MacHott, LEED Green Associate
Acting Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2013- 49
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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 -49 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
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
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