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HomeMy WebLinkAboutPC Reso No 2014-07RESOLUTION NO. 2014 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW 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 a Minor Design Review, in conjunction with Conditional Use Permit No. 2013 -11, which are collectively referred to herein as the "Project "; and WHEREAS, the Developer proposes the Project on a leased portion of property located at 21091 Railroad Canyon Road within the property of the existing Lambs Fellowship Site, 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, 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 review applications in the City; 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 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 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 PLANNING COMMISSION RESOLUTION NO. 2014 -07 PAGE 2 OF 4 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, Monopalm tower, 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 a Minor Design Review for a telecommunications facility at 21091 Railroad Canyon Road within the property of the existing Lambs Fellowship 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 LEMC 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. 2014 -07 PAGE 3OF4 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 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. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on February 18, 2014 and March 18, 2014. 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 a telecommunications facility at 21091 Railroad Canyon Road within the property of the existing Lambs Fellowship Site. 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. David Blake, C airman City of Lake Elsinore Planning Commission ATTEST: Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -07 PAGE 4OF4 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 -07 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. VacHott, 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. 25. The owner shall dedicate in fee title to the City a 27' strip of right -of -way along Railroad Canyon Road adjacent to the property frontage for a total right -of -way of 67' wide from centerline to the project property line on Rail Road Canyon Road. 26. Kangaroo Rat fees will be due on the undisturbed acreage of the lease area. Kangaroo Rat fees are $500 /acre. Planning Commission Approved Page 3 of 4 March 18, 2014 CONDITIONAL USE PERMIT NO. 2013 -11 21901 RAILROAD CANYON ROAD Conditions of Approval 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 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 improvements located at 21901 Railroad existing Lambs Fellowship. antenna, equipment facility and related Canyon Road within the property of the 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. 16. 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. zt�rr_�r_i Ganyon Read adjaGent to the prepeFty frORtage fbF a total Fight of way of 67'wide from (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