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HomeMy WebLinkAboutPC Reso No 2009-42 RESOLUTION NO. 2009-42 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009-06 I WHEREAS, Monica Moretta representing Royal Street Communications, Inc., has initiated proceedings for Conditional Use Permit No. 2009-06, for the design and co-location of six new telecommunication panels at an approximate height of twenty one feet (21') at an existing water tank tower site, and equipment shelter, located at 17701 SunnYsloPa Avenue (the "Facilities"); and WHEREAS, the site upon which the Facilities are proposed to be co-located has a zoning designation of R-2 (Medium Density Residential); and WHEREAS, according to Section 17.80.040, antennas, satellite dishes, and similar devices are accessory uses that may be located on the same lot with a permitted use provided that the antenna, satellite dishes, and similar devices are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building; and WHEREAS, Chapter 17.168 of the LEMC provides that certain uses have operational characteristics that, depending upon 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 considering and approving, conditionally approving, li or denying conditional use permits; and WHEREAS, on August 18, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2009-06 prior to rendering its decision and finds that the requirements of Chapters 17.80 and 17.168 of the LEMC have been satisfied. 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 at seq.: the "CEQA Guidelines"). A Class 3 exemption exists for: PLANNING COMMISSION RESOLUTION NO. 2009-42 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 antenna tower, equipment shelter, and screen fencing 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 State Planning and Zoning Law, and the LEMC, the Planning Commission makes the following findings for approval of CUP 2009-06: 1. 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. Issuance of this Conditional Use Permit will facilitate and improve wireless communication coverage for the general public and City of Lake Elsinore residents in the general area. Furthermore, the proposed land use and conditioned design conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or 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 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 FJ potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. PLANNING COMMISSION RESOLUTION NO. 2009-42 PAGE 3 OF 4 ~I 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 Specific Plan. The proposed facility has been designed in consideration of the size and shape of the property and both existing and planned land uses in the vicinity. Adequate setbacks, security fencing and screening have all been incorporated into the design of the facility to ensure that the proposed twenty one foot (21) tall structure will not be incompatible with existing and planned surrounding land uses on adjacent properties. Moreover, the facility has been conditioned to be designed with camouflage techniques and improvements to enhance its aesthetics. 4. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 5. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to the LEMC, the proposed co-located telecommunications facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 18, 2009. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2009-06. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 18th day of August 2009. mmy lores, Chairman City of Lake Elsinore ATTEST: N~ n Tom Weiner Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2009-42 PAGE 4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) 1, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-42 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18th day of August 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER AXEL ZANELLI NOES: COMMISSIONER MICHAEL O'NEAL ABSENT: NONE ABSTAIN: NONE t Tom Weiner Acting Director of Community Development ~I CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-06 AND A MINOR DESIGN REVIEW FOR "ROYAL STREET COMMUNICATIONS WIRELESS CELLULAR TOWER FACILITY" LOCATED AT 17701 SUNNYSLOPE AVENUE General Conditions 1. 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 project attached hereto. 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. 2009-06 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. ~i 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 City's Noise Ordinance contained in Chapter 17.176 of the 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. 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. 8. The applicant agrees to allow co-location of other antenna equipment by other wireless communication carriers at this site and it is considered feasible, subject to agreements between the applicant, other carriers and the property owner's terms. 9. 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. 10. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property. Planning Commission Approval August 18, 2009 Conditions of Approval Page 2 of 2 Conditional Use Permit No. 2009-06 and a Minor Design Review for - Royal Street Communications 11. The proposed structure shall have materials which thoroughly conceal and stealth the newly added antenna panels and shall be reviewed and approved by the Community Development Director or designee prior to issuance of grading or building permits. Prior to Building Permits 12.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Engineering Division 13.The applicant shall obtain an encroachment permit for any work performed in public right of way. 14. The applicant shall obtain permission from adjacent property owners prior to grading or encroaching onto properties not part of this project. 15. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85-26) shall be paid prior to issuance of building permit. 16. If grading exceeds 50 cubic yards, grading plans shall be prepared by a California 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. 17.The applicant shall obtain and record utility and/or access easements to the facility if access to the site crosses separately owned properties. I I 18. Drainage shall be conveyed to the public right of way. 19.The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system or adjacent properties. 20. 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. r Planning Commission Approval August 18, 2009