HomeMy WebLinkAboutPC Reso No 2014-27RESOLUTION NO. 2014 -27
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 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 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 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, 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 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 -27
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 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 -27
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.
avi lake, C, airman
City of Lake ,Elsinore Planning Commission
ATTEST:
Richard J. acHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2014 -27
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 -27 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. NCacHott, 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 otheFrevisions 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"
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