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HomeMy WebLinkAboutPC Reso No 2019-45 (CUP 2019-05, Wireless Communications)RESOLUTION NO.20l9-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 20I9-05 TO ESTABLISH A NEW 7s-FOOT HIGH WTRELESS COMi'UNICATIONS FACILITY LOCATED AT 16401 LAKESHORE DRIVE (ApN: 379-2SO-O441 Whereas, Paul Kim, Eukon Group has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 20'19-15 (conditional use permit No. 2019-05 and Commercial Design Review No. 2019-07) for the construction of a new 7s-foot high wireless communications facility disguised as a pine tree consisting of 12 panel antennas, 56 Remote Radio units (RRUs), six (6) surge suppressors at 66 ft. centerline, and two (2) microwave antennas at 38 ft. centerline. The project will include ancillary ground equipment coniisting of two (2) GPS antennas and six (6) equipment cabinets located within an existing storage building, and one ( 'l) backup generator. Two (2) Iive pine trees (45 ft. and 35 ft. in heightfwiil be ptanted aiound the project area. Access to the facility will be provided via a non-exclusive access easement from Machado Street. The facility will be located within an existing self-storage facility located at the southwesterly corner of Lakeshore Drive and Machado Street, more specitically t 6+0t Lakeshore Drive (APN: 379-250-044); and, Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design ofthe use, may have the potential to negatively impact adjoining properties, businesses or residLnts 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, pursuant to the LEMC section 1 7.410.070 (Approving Authority) and seciion 17 .410.o30 (Multiple Applications), the Planning commission (commission) has'been delegated with the responsibility of reviewing and approving, conditionally approving, or denying the conditional use permit and the minor design review application; and, Whereas, on July '16, 201 9 and August 20, 20'l 9, at a duly noticed public Hearing, the commission has considered evidence presented by the community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMTUIISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the Project prior to making a decision and has found it acceptable. section 2: The commission finds that the proposed Project is exempt from the california Environmental Quality Act (Cal. Pub. Res. Code SS21000 et seq.: "CEeA") and the CEeA Guidelines (14 C.C.R. SS 15000 et seq.) pursuant to CEQA Guidelines Section 15332 tn-Fitt Development Projects. The Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, and is within the city's boundaries on a site less than five acres surrounded by urban uses. The subject property has no value as habitat for endangered, rare or threatened species. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. PC Reso. No. 2019-45 Page 2 of 3 section 3: That in accordance with california Planning and Zoning Law and the LEMC Section -lt.lls.olo c (Findings), the Commission makes the following findings regarding the Project: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the ob,ectives of the General Plan and the purpose of the planning district in which the site is located. The proposed facility is tocated in the General Commercial (GC) General Plan Land use designaiion and the Neighborhood Commercial (C-1) Zoning designation. The Proiect is pro;osing to construct a new wireless communications facility, which will prwide u7eless 'commun-bation se/y,ces (voice and data coverage) to the sunounding area. The proposed use is a permitted use subject to the approval of a Conditional llse Pemit in accordance with Section 17.415.140.C. of the LEMC. 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. The proposed use does not propose either directly or indirectly any detrimental effects to the exisiing surrounding community. The proiect has been conditioned as such to avoid any possrbTe negative lmpacts associated with the conversion and operation of the proposed facility. 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 proposed use has been analyzed and staff has determined that the proposed use meets all appticabte secflons of the LEMC and will complement the existing uses, based on the submitted plans and attached conditions of approval. 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 proposed use is tocated within an existing built environment, inclusive of streets. The ex,st ng streets are of adequate size to facilitate safe and convenient transpoftation to and from the site. 5. ln approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to paragraph B of LEMC 17 .415.070, 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. PC Reso. No.2019-45 Page 3 of 3 Pursuant to Section 17.415.070.8 of the LEMC, the Project was considered by the Commission at a duly noticed Public Heaing on July 16, 2019 and August 20, 2019, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby approves Planning Application No. 2019-15 (Conditional Use Permit No. 2019-05). Section 5: This Resolution shall take effect immediately its adoption. Passed and Adopted on this 20th day of August, 20'19, Chairman Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF LAKE ELSINORE ) l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-45 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of August 20, 2019, and that the same was adopted by the following vote. AYES: Commissioner's Gray, Armit, and Ross; and NOES: None ABSENT: Vice-Chair Klaarenbeek ABSTAIN: None Assistant Community Development Director