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HomeMy WebLinkAboutCUP No. 2013-10 & Variance No. 2013-01 Staff ReportCITY OF LAKE � LS I R 1J0 E K � DREAM EXTREME. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairperson Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: July 17, 2014 SUBJECT: Conditional Use Permit No. 2013 -10 and Variance No. 2013 -01 & Minor Design Review - A Request by AT &T for Approval of a 75 -foot High Clock Tower Unmanned Wireless Antenna, Equipment Facility, and Improvements Located at 39423 Ardenwood Way within Rosetta Canyon Community Park. (APN: 347 - 120 -050) APPLICANT: Smart Link, LLC, dba AT &T 12900 Park Plaza Drive, 31d Floor, Cerritos CA 90703 OWNER: City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, CA 92530 Recommendation 1. Adopt Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Variance No. 2013 -01 for the Approval of a 75 -foot High Clock Tower Unmanned Wireless Antenna, Equipment Facility, and Improvements Located at 39423 Ardenwood Way. 2. Adopt Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Conditional Use Permit No. 2013 -10 for the Approval of a 75 -foot High Clock Tower Unmanned Wireless Antenna, Equipment Facility, and Improvements Located at 39423 Ardenwood Way, based on the Findings, Exhibits, and subject to the proposed Conditions of Approval 3. Adopt Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving a Minor Design Review Request by AT &T for the Approval of a 75 -foot High Clock Tower Unmanned Wireless Antenna, CUP NO. 2013 -10, VARIANCE NO. 2013 -01, and MDR JULY 17, 2014 PAGE 2OF4 Equipment Facility, and Improvements Located at 39423 Ardenwood Way, based on the Findings, Exhibits, and subject to the proposed Conditions of Approval. Proiect Request and Location The applicant, AT &T, has filed applications for a Conditional Use Permit, a Variance, and a Minor Design Review for the construction a 75 -foot high Clock Tower Unmanned Wireless Antenna, within the limits of the Rosetta Canyon Community Park located at 39423 Ardenwood Way, which property is owned and operated by the City of Lake Elsinore. More specifically the proposed 75 -foot high Clock Tower Antenna and equipment facility will be located between the tennis court and the Rosetta Canyon Park Fire Station. Review of these applications is pursuant to the Ramsgate Specific Plan and Chapters 17.168 (Conditional Use Permit), Chapter 17. 172 (Variance), and Chapter 17.184 (Design Review), and 17.112 (Non - Residential Development Standards) of the Lake Elsinore Municipal Code (LEMC). Proiect Background The applicant originally submitted a request for a 75 -foot high monoeucalyptus wireless antenna. However, after staff reviewed the proposed project, it was determined that although the existing trees will reach a maximum height of approximately 25 feet; the proposed 75 -foot high antenna would not blend in with the matured landscape. Therefore, the applicant and staff considered numerous design revisions in regards to the design, height, and location until a suitable design concept was achieved, which is the proposed Clock Tower. As part of this review, the applicant agreed with staff's request to include the "E" crest from the City's logo as part of the design. Environmental Setting The subject property is surrounded by single family residential development at the east, west and south, and by vacant residential lot at the north. EXI T1 1� 'Z0141NG ,' GENERAL : I:AN© USE 'PLAN Project site Community Park Rams ate SP Community Park Ramsgate SP North Vacant /Residential Ramsgate SP Medium High Density Ramsgate SP South Vacant /Residential Rams ate SP Medium Low Density Ramsgate SP East Residential Ramsgate SP Medium Low Density Ramsgate SP West Vacant/Residential Ramsgate SPApartment Density Ramsgate SP CUP NO. 2013 -10, VARIANCE NO. 2013 -01, and MDR JULY 17, 2014 PAGE 3OF4 Discussion The proposed plan indicates that a 75 -foot high Clock Tower will blend in with the architecture, color and design of the adjacent Rosetta Canyon Fire Station. The equipment facility which will include the generator, the equipment shelter and the clock tower antenna with the stealth antennas, will be enclosed by an 8' -0" foot high block wall and it will be accessed via an 8' -0" foot high solid metal gate. Analysis Conditional Use Permit No. 2013 -10 and Minor Design Review 1. Transmission /Calling Coverage: AT &T advised staff that after extensive research regarding potential site placement, AT &T concluded that due to its coverage objective, there are no other practical locations that meet both its coverage requirements and height requirements. This is the reason why a 75 -foot high antenna is proposed. 2. Stealthing Improvements: The proposed antennas will be placed inside the proposed 75 -foot high clock tower. This will serve to conceal the antennas from view, as depicted in the attached photo simulations. 3. Collocation: The applicant has indicated that collocation of other carriers will be allowed, which will reduce the potential aesthetic impact that any future additional telecommunications facilities would have on this area. 4. Decorative Fencing: The proposed equipment cabinets will be located within a 25'x45' or approximately 1,000 square foot lease area. Security for the lease area will be provided by an eight -foot (8') high block wall painted to match the adjacent Fire Station and accessory buildings. 5. Operation and Maintenance: There will be virtually no increase in traffic in the area as a result of this project. After construction, AT & T technicians will visit the facility approximately every four (4) to six (6) weeks for regular maintenance and the removal of any graffiti. Additionally, no increase in ambient noise level is anticipated as there are no external air conditionings units needed or proposed for this facility. Variance No. 2013 -01 The applicant has applied for a variance requesting relief from the height requirements specified by the Ramsgate Specific, which limits building height to 35 feet. The applicant is requesting permission to build a 75 -foot high Clock Tower building to enclose the proposed antennas, which would allow AT &A the opportunity to provide the adequate coverage needed to service their customers in the area. CUP NO. 2013 -10, VARIANCE NO. 2013 -01, and MDR J U LY 17, 2014 PAGE 4OF4 The project site will be the located between two existing AT &T antennas; one just over two miles to the southwest and the other is over two and one half miles to the northeast of the site. AT &T's Radio Frequency Engineer determined that the proposed location and the 75 -foot height is an ideal height to satisfy AT &T coverage needs. Although the proposed 75 -foot height clock tower will exceed the maximum height restriction of 35 -feet within the Ramsgate Specific Plan, the clock tower design will blend in with the adjacent Fire Station, because it incorporates the same architectural design, colors and materials as shown on the attached color photographic simulations. 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 Project is consists of the construction and location of a limited number of new small facilities and structures. Prepared By: Agustin Resendiz, Associate Planner Approved By: Richard J. MacHott, LEED Green Associate Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Variance Resolution 3. Planning Commission Conditional Use Permit Resolution 4. Planning Commission Minor Design Review 5. Conditions of Approval 6. Plans 7. Photo Simulations VICINITY MAP CONDITIONAL USE PERMIT NO. 2013-107 VARIANCE NO. 2013-01 AND MINOR DESIGN REVIEW CITY 0 F LAKE Co,),LSlfi0R,,E -- DREAM EXTREME RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2013 -01 FOR THE APPROVAL OF A 75 -FOOT HIGH CLOCK TOWER UNMANNED WIRELESS ANTENNA, EQUIPMENT FACILITY, AND IMPROVEMENTS LOCATED AT 39423 ARDENWOOD WAY. WHEREAS, AT &T (the "Applicant "), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2013 -01, in conjunction with Conditional Use Permit No. 2013 -10, and a Minor Design Review which are collectively referred to herein as the "Project "; and WHEREAS, the Applicant proposes the Project on a leased portion of Rosetta Canyon Community Park located at 39423 Ardenwood Way, also known as Assessor's Parcel No. 347 - 120 -050 (the "Site "); and WHEREAS, the Applicant proposes to construct a 75 -foot tall Clock Tower unmanned wireless antenna facility and associated improvements adjacent to the parking lot and between the tennis courts and the Rosetta Canyon Fire Station; and WHEREAS, through Variance No. 2013 -01 the Applicant requests relief from the Ramsgate Specific Plan, which limits building height to a maximum of 35 feet; and requests permission to construct its 75 -foot high Clock Tower unmanned wireless antenna; 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 variances; and WHEREAS, on June 17, 2014 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 Variance No. 2013 -01 for the proposed AT &T unmanned antenna, equipment facility, and associated improvements 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.: "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: PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 2 OF 4 "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 75 -foot high clock tower unmanned wireless antenna, equipment facility, 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. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Variance No. 2010 -01: 1. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.172.050 have been incorporated into the approval of the variance to ensure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The Ramsgate Specific Plan designates the Site as a Community Park for the residential community. The proposed Variance to deviate from the maximum permitted height complies with the Specific Plan because the approval of this unmanned wireless antenna will provide required service coverage for AT &T customers within the area. 2. There are special circumstances, pursuant to the purpose of Chapter 17.172 of the LEMC, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. The subject property has a unique setting given that if the proposed Clock Tower was placed anywhere else within the limits of the Rosetta Canyon Community Park it would not blend in with existing structures. Furthermore, due to the existing gap in AT &T's cell phone coverage, the elevation at the Rosetta Canyon Community Park will eliminate this coverage gap. Based on these PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 3 OF 4 conditions, it has been determined the Variance request to exceed the overall maximum height will not constitute a grant of special privileges. In addition, the proposed Clock Tower will not result in adverse impacts to adjacent properties. 3. In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose of this chapter and enable reasonable development of the property. Granting relief from the maximum building height of 35 -feet as established by the Ramsgate Specific Plan for an unmanned wireless antenna is a reasonable deviation for such use. SECTION 4. Based upon the evidence presented and the above findings, the Planning Commission hereby approves Variance No. 2013 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of June, 2013. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 4 OF 4 I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of June 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2013 -10 FOR THE APPROVAL OF A 75 -FOOT HIGH CLOCK TOWER UNMANNED WIRELESS ANTENNA, EQUIPMENT FACILITY, AND IMPROVEMENTS LOCATED AT 39423 ARDENWOOD WAY. WHEREAS, AT &T (the "Applicant "), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2013 -10, in conjunction with a Minor Design Review, which are collectively referred to herein as the "Project "; and WHEREAS, the Applicant proposes to construct a 75 -foot high Clock Tower unmanned wireless antenna facility and associated improvements on a leased portion of property located at 39423 Ardenwood Way within the existing Rosetta Canyon Community Park site, also known as Assessor's Parcel No. 347 - 120 -050 ; 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, on June 17, 2014 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 -10 for the proposed a 75 -foot high Clock Tower unmanned wireless antenna, equipment facility and associated improvements 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.: "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: PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 2 OF 5 "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, clock 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 the approval of Conditional Use Permit No. 2013 -10; for a telecommunications facility at 39423 Ardenwood Way within the Rosetta Canyon Community Park site: 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 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 be located at the Rosetta Canyon Community Park, more specifically between the tennis courts and the Rosetta Canyon Fire Station, which can easily be accessed from the parking lot. The wireless communication facility is designed to blend in with the existing buildings and accessory structures. 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 the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 3 OF 5 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. Further the proposed clock tower wireless communication facility will complement the quality of the existing buildings and accessory structures at the Rosetta Canyon Community Park 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 is easily accessible from the existing parking lot which will allow service crews and emergency vehicles access to the proposed 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 unmanned wireless antenna has been designed to be a Clock Tower Building, which blends with the existing development on site. 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 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 these findings for the term of the use. PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 4 OF 5 Pursuant to the LEMC, the proposed telecommunications facility has been considered by the Planning Commission at duly noticed public hearing held on June 17, 2014. 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. 2013 -10. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 17th day of June 2014. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 - 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 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of June 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW REQUEST BY AT &T FOR THE APPROVAL OF A 75 -FOOT HIGH CLOCK TOWER UNMANNED WIRELESS ANTENNA, EQUIPMENT FACILITY, AND IMPROVEMENTS LOCATED AT 39423 ARDENWOOD WAY. WHEREAS, AT &T (the "Applicant "), filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review, in conjunction with Conditional Use Permit No. 2013 -10, which are collectively referred to herein as the "Project "; and WHEREAS, the Applicant proposes to construct a 75 -foot high Clock Tower unmanned wireless antenna facility and associated improvements on a leased portion of property located at 39423 Ardenwood Way within the existing Rosetta Canyon Community Park site, also known as Assessor's Parcel No. 347 - 120 -050; 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, on June 17, 2014 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this. 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 the Minor Design Review for the proposed 75 -foot high Clock Tower unmanned wireless antenna, equipment facility and associated improvements 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.: "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: PLANNING COMMISSION RESOLUTION NO. 2014- _ PAGE 2 OF 4 "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, clock 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. 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 39423 Ardenwood Way within the property of the Rosetta Canyon Park 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 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 development and existing projects in that the cellular tower will be stealth in design and blend into the existing environment. PLANNING COMMISSION RESOLUTION NO. 2014- _ PAGE 3OF4 3. Conditions and safeguards pursuant to LEMC Section 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 considered by the Planning Commission at a duly noticed public hearing held on June 17, 2014. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby approves a Minor Design Review for a telecommunications facility at 39423 Ardenwood Way within the Rosetta Canyon Community Park. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 17th day of June 2014. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014- _ 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 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of June 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013 -10, VARIANCE NO. 2013-01, AND MINOR DESIGN REVIEW FOR "AT &T" GENERAL CONDITIONS 1. The proposed project is a request to construct a 75 -foot high Clock Tower unmanned wireless antenna facility and associated improvements on a leased portion of property, located at 39423 Ardenwood Way within the Rosetta Canyon Community Park site, also known as Assessor's Parcel No. 347 - 120 -050. 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. Conditional Use Permit No. 2013 -10 and related Minor Design Review shall lapse and shall become void two (2) years 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. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review approval. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 5. 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 6. Any violation or non - compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit in accordance with LEMC Chapter 17.168. 7. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). Planning Commission Page 1 of 5 June 3, 2014 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013 -10, VARIANCE NO. 2013 -01, AND MINOR DESIGN REVIEW FOR "AT &T" 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. All site improvements shall be constructed as indicated on the submitted plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by the conditions of approval. 10.All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee. 11. 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. 12. The Applicant shall comply with all applicable City codes and ordinances. 13.The project is required to obtain City Council approval of a lease agreement. The lease agreement shall set forth the terms applicable to the use of the subject property for a telecommunications facility. In the event that the City Council fails to approve said lease agreement the approval of Conditional Use Permit No. 2013 -10, Variance No. 2013 -01 and the related Minor Design Review shall lapse and become void. 14.The applicant shall install and maintain the "E" crest of the City's logo as part of the Clock Tower design as indicated on the plans. BUILIDING AND SAFETY DIVISION PRIOR TO BUILDING PERMITS 15. All construction plans must be in accordance with the 2013 building codes. However, if the building permits are not obtained prior to June 17, 2015, the plans must be resubmitted to meet all current codes. Planning Commission Page 2 of 5 June 17, 2014 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013 -10, VARIANCE NO. 2013 -01, AND MINOR DESIGN REVIEW FOR "AT &T" 16. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 17.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 18. 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. JIkJLeJNWSJ 19.Grading /erosion control 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. 20.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 21.The applicant shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 22.The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 23. 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. PRIOR TO BUILDING PERMIT 24. Applicant to submit plans showing relocation of irrigation lines in lease area. Planning Commission Page 3 of 5 June 17, 2014 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013-10, VARIANCE NO. 2013 -01, AND MINOR DESIGN REVIEW FOR "AT &T" PRIOR TO FINAL INSPECTION 25.Applicant to "as- built" existing Rosetta Canyon Park plans with changes to grading, landscaping, electrical and water /irrigation. LAKE ELSINORE FIRE MARSHAL 26. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 674 -3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 27.Automatic / Manual Gates - Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one -way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic /manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check frees. 28.Operating Permit Required - This project has been review and may require an operating permit in addition to the construction permit that has been conditioned for this project in accordance with 105.6 of The California Fire Code. PRIOR TO BUILDING PERMIT ISSUANCE 29. Plan Check Fee - Building plan check fee made payable to The City of Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). Planning Commission Page 4 of 5 June 17, 2014 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013 -10, VARIANCE NO. 2013 -01, AND MINOR DESIGN REVIEW FOR "AT &T" PRIOR TO BUILDING FINAL INSPECTION 30. Designated Fire Lanes - The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 31. Knox Rapid Entry Box - A rapid entry Knox Box shall be installed on the outside of the building. If a Knox box has already been installed provide keys to the tenant space for inclusion in the main building Knox Box. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building /facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 32. Fire Extinguishers - Minimum Install portable fire extinguishers complying with Section 906 of the 2010 California Fire Code with a minimum rating of 2A -10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from wall. Contact Fire Dept. for proper placement of equipment prior to installation. 33.Aboveground Fuel Tank Permits - Applicant and /or developer shall be responsible for obtaining aboveground fuel tank and dispenser tank permit, from the Riverside County Fire Department. Plans must be submitted along with our "Permit Application Form" for approval prior to installation. Contact the Fire Planning office for current plan check fees. 34. Battery Systems Permit - All battery systems that require permits shall be submitted to the fire department for review and approval. Planning Commission Page 5 of 5 June 17, 2014