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HomeMy WebLinkAboutPC Reso No 2014-25RESOLUTION NO. 2014 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2013 -01 FOR THE APPROVAL OF A 70 -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 70 -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 70 -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 -25 PAGE 2OF4 "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 70 -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 -25 PAGE 3OF4 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. Da id Blake, Ch, '�iifman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -25 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 -25 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: 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. 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 70 -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 Approved Page 1 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" 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 with the 70 -foot high Clock Tower unmanned wireless antenna facility redesigned to include the following design changes: place a larger clock in the top section of the tower, place the "E" crest of the City's logo (smaller than the clock) below the clock, and paint the bands that are around the clock tower with a contrasting color. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any etheFrevisions to the approved site plan or building elevations, including the redesigned clock tower, 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. (Amended by the Planning Commission on June 17, 2014.) 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. Planning Commission Approved 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" 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. 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. PRIOR TO GRADING PERMIT 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. Planning Commission Approved 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" 24.Applicant to submit plans showing relocation of irrigation lines in lease area. 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. Planning Commission Approved 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 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). 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.Above Ground 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 Approved Page 5 of 5 June 17, 2014