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HomeMy WebLinkAboutPC Reso No 2014-18RESOLUTION NO. 2014 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2014 -04; REQUEST BY VERIZON WIRELESS FOR THE APPROVAL OF A MONOPALM UNMANNED WIRELESS ANTENNA, EQUIPMENT FACILITY, AND IMPROVEMENTS LOCATED AT 31089 RIVERSIDE DRIVE. WHEREAS, Verizon Wireless (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2014 -04, in conjunction with a Minor Design Review, which are collectively referred to herein as the "Project "; and WHEREAS, the Developer proposes to construct a 45 -foot high Monopalm tree unmanned wireless antenna, equipment facility and associated improvements on an existing overflow parking lot of an existing commercial center located at 31089 Riverside Drive, and known as Assessor's Parcel No. 379 - 224 -006; 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 3, 2014 at a duly notice 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. 2014 -04 for the proposed a 45 -foot high Monopalm tree 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 -18 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, 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. 2014 -04: 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 rear half of the existing overflow parking of an existing commercial center, which is accessed from Fraser Drive. 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, 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 PLANNING COMMISSION RESOLUTION NO. 2014 -18 PAGE 3OF5 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 Fraser Drive and Riverside Drive 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 an existing 20' foot wide paved ingress /egress driveway, 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 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 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 -18 PAGE 4 OF 5 Pursuant to the LEMC, the proposed telecommunications facility has been scheduled for the consideration and approval of the Planning Commission at the regularly scheduled meeting on June 3, 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. 2014 -04. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 3rd day of June 2014. Davidd',Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: i Richard J. M cHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -18 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 -18 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of June 2014, and that the same was adopted by the following vote: AYES: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY, COMMISSIONER JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. cHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2014 -04 FOR "VERIZON WIRELESS FACILITY" GENERAL CONDITIONS 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 2. 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). 3. Conditional Use Permit No. 2014 -04 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. 4. Any violation or non - compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit. 5. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). 6. 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. The Planning Commission shall notify, in writing the holder of the conditional use permit of its intention to hold a hearing to consider revocation of the use permit. Said notice shall be made at least 10 days prior to the actual date of the hearing. At the hearing, the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulations general provisions, or condition is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulations general provisions or condition. Within five days following the date of a decision of the Commission revoking a use permit, the secretary shall transmit to the applicant and City Council written notice of the decision. The decision shall become final 15 days followinq the date on which the use permit was revoked unless an appeal has been filed (Condition added for the proposed Conditional Planning Commission Approved June 3, 2014 Conditional Use Permit No. 2014 -04 Conditions of Approval Page 2of5 Use Permit and Minor Design Review by Planning Commission on June 3, 2014; as requested by the applicant) 7. 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. • 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. BUILIDING AND SAFETY DIVISION PRIOR TO BUILDING PERMITS 8. All construction plans must be in accordance with the 2013 building codes. However, if the building permits are not obtained prior to June 6, 2015, the plans must be resubmitted to meet all current codes. 9. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 10.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 11.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. 12. 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. 13.The applicant shall accept and properly dispose of all drainage flowing onto or through the project site. 14.All grading plan contours shall extend to minimum of 50 feet beyond property lines to Planning Commission Approved June 3, 2014 Conditional Use Permit No. 2014 -04 Conditions of Approval Page 3 of 5 indicate existing drainage pattern. 15. 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. 16.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 17.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). 18. Spill protection to protect diesel fuel entering the adjacent ground will be required. LAKE ELSINORE FIRE MARSHAL 19. 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. 20.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. Planning Commission Approved June 3, 2014 Conditional Use Permit No. 2014 -04 Conditions of Approval Page 4 of 5 21.0perating 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 22. 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). 23. Water System Verification- Written verification of the fire flow required shall be provided from the local water purveyor . This letter shall be dated within 1 year of the date of verification submittal. The letter shall include the location of the fire hydrant, the type of hydrant (6x4x2- 1/2x2 -1/2), and the exact flow at 20 psi. PRIOR TO BUILDING FINAL INSPECTION 24. 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. 25. 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. 26. 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. 27.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 Planning Commission Approved June 3, 2014 Conditional Use Permit No. 2014 -04 Conditions of Approval Page 5 of 5 approval prior to installation. Contact the Fire Planning office for current plan check fees. 28. Battery Systems Permit- All battery systems that require permits shall be submitted to the fire department for review and approval. Planning Commission Approved June 3, 2014