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HomeMy WebLinkAboutPC Reso No 2014-06RESOLUTION NO. 2014 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2013 -11; A REQUEST BY VERIZON WIRELESS FOR THE APPROVAL OF A MONOPALM UNMANNED WIRELESS ANTENNA, EQUIPMENT FACILITY AND RELATED IMPROVEMENTS LOCATED AT 21901 RAILROAD CANYON ROAD WITHIN THE PROPERTY OF THE EXISTING LAMBS FELLOWSHIP. WHEREAS, Verizon Wireless (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2013 -11 (the "CUP "), in conjunction with a Minor Design Review, which are collectively referred to herein as the "Project "; and WHEREAS, the Developer proposes the Project on a leased portion of the existing Lambs Fellowship property located at 21091 Railroad Canyon Road, and known as Assessor's Parcel No. 363- 180 -031 (the "Site "); and WHEREAS, the Developer proposes to construct a unmanned Monopalm wireless antenna and associated facilities and improvements; 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, 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 hearings held with respect to this item on February 18, 2014 and March 18, 2014. 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. 2013 -11 for the proposed 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 PLANNING COMMISSION RESOLUTION NO. 2014 -06 PAGE 2OF5 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 telecommunication facility equipment, faux Monopalm tree, and associated improvements qualify for a Class 3 exemption because they involve the construction of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities. None of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 applies here. The facilities will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Therefore, the Planning Commission hereby finds and determines that the Project is exempt from CEQA and the CEQA Guidelines. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Conditional Use Permit No. 2013 -11: 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 conforms to 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 be located on the east side of the driveway entrance of the existing Lambs Fellowship site located at 21901 Railroad Canyon Drive. 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 Monopalm tree which furthers the intent of this purpose. 2. The proposed use will not be detrimental to the general health, safety, PLANNING COMMISSION RESOLUTION NO. 2014 -06 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 Monopalm and will blend into the surrounding topography and landscape. Further the proposed wireless communication facility will complement the quality of the existing palm trees along Railroad Canyon Road 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. The proposed facility will require minimal maintenance, but to the extent that the site will be served via a 20' foot wide paved ingress /egress Verizon Wireless exclusive access easement, which will allow service crews and emergency vehicles access to the wireless communication facility. 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 antenna has been designed with as faux Monopalm, 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 facilities in architectural design, color and materials. 6. Adequate conditions and safeguards pursuant to LEMC 17.168.050 have PLANNING COMMISSION RESOLUTION NO. 2014 -06 PAGE 4OF5 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 the LEMC, the proposed telecommunications facility has been scheduled for consideration and approval of the Planning Commission at a duly noticed regularly scheduled meeting on February 18, 2014 and March 18, 2014. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby approves Conditional Use Permit No. 2013 -11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on the 18th day of March, 2014. pf s /bavid Blake, hairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -06 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -06 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18th day of March 2014, and that the same was adopted by the following vote: AYES: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSENT: COMMISSIONER JORDAN ABSTAIN: NONE Richard J.. ' acHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013-11 FOR "VERIZON WIRELESS FACILITY" GENERAL CONDITIONS 1. The proposed project (Conditional Use Permit No. 2013 -1) consists of an unmanned monopalm wireless telecommunication antenna, equipment facility and related improvements located at 21901 Railroad Canyon Road within the property of the existing Lambs Fellowship. 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. 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). 4. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 5. Conditional Use Permit No. 2013 -11 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. Planning Commission Approved Page 1 of 4 March 18, 2014 CONDITIONAL USE PERMIT NO. 2013 -11 21901 RAILROAD CANYON ROAD Conditions of Approval 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 the discretion of the Community Development Director or Designee. 10. 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. BUILDING AND SAFETY DIVISION PRIOR TO BUILDING PERMITS 11. All construction plans must be in accordance with the 2013 building codes. However, if the building permits are not obtained prior to February 18, 2015, the plans must be resubmitted to meet all current codes. 12. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 13.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. ENGINEERING DIVISION 14.The applicant shall implement best management practices during and after construction to prevent discharge of pollutants in to the City's storm drain system or adjacent properties. 15. 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 both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 16.The applicant shall accept and properly dispose of all drainage flowing onto or through the project site. Planning Commission Approved Page 2 of 4 March 18, 2014 CONDITIONAL USE PERMIT NO. 2013 -11 21901 RAILROAD CANYON ROAD Conditions of Approval 17.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. 18.A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake- elsinore.org). 19.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 20. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be in compliance with federal, state and local law and be approved by the City Engineer. 21.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 22.The applicant shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 23. Spill protection to protect diesel fuel entering the adjacent ground will be required. 24.Access road shall be paved with asphalt concrete over native soil with a minimum width of 12 feet. Ganyon Read adjaGent te the property frontage for a total Fight of way Gf 67' wide f Genterline to the pFejeGt property line on Ravi Read Canyon Read. (Deleted by • Commission on 1 Planning Commission Approved Page 3 of 4 March 18, 2014 CONDITIONAL USE PERMIT NO. 2013 -11 21901 RAILROAD CANYON ROAD Conditions of Approval 26. Kangaroo Rat fees will be due on the undisturbed acreage of the lease area. Kangaroo Rat fees are $500 /acre. LAKE ELSINORE FIRE MARSHAL 27. Fire Department vehicular access to the site must be a minimum of 20' -0" feet in width. 28. Please provide an all- weather surface that can support 75,000 lbs. over 2 axles. 29. The maximum grade on the access easement shall not exceed 15% at any point. 30.The applicant must provide a Fire Department turnaround that allows the rapid entry into and out of any driveway requiring access beyond 150' feet that does not provide circulation. 31. Please identify if a gate will be installed at the entrance of the easement driveway. 32. Fire Department Vehicular access is required within 150' feet of any portion of any building as measured along approved vehicular travel ways. Off -site roadway access shall be in accordance with the City of Lake Elsinore Engineering Department. Planning Commission Approved Page 4 of 4 March 18, 2014