HomeMy WebLinkAboutPC Reso No 2014-26RESOLUTION NO. 2014 -26
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 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 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 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 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 70 -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 -26
PAGE 2OF5
"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:
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 -26
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 -26
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.
vid lake, Cha} an
City of Lake Els' ore Planning Commission
ATTEST:
2l ��
Richard J. WacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2014 -26
PAGE 5OF5
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 -26 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
MORSCH, COMMISSIONER JORDAN, COMMISSIONER O'NEAL
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Richard J. Hoft, 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 other revisions 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.AI1 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"
PRIOR TO BUILDING PERMIT
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