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HomeMy WebLinkAboutPC Reso No 2009-43 RESOLUTION NO. 2009-43 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE DESIGN AND CONSTRUCTION OF A WIRELESS ANTENNA TOWER FACILITY j WHEREAS, Monica Moretta of Royal Street Communications, Inc., has initiated proceedings for a Minor Design Review for the I 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 Sunnyslope Avenue (the "Minor Design Review"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been i delegated with the responsibility of considering and approving, conditionally approving, or denying Minor Design Review requests for projects; and WHEREAS, on August 18, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented jby the Community Development Department and other interested parties with respect to the Minor Design Review. 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 the proposed Minor Design Review and has found it acceptable. The Planning Commission finds and determines that the Minor Design Review is consistent with the Chapter 17.184 of the Lake Elsinore Municipal Code. 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: "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 PLANNING COMMISSION RESOLUTION NO. 2009-43 PAGE 2OF4 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 Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Minor Design Review: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific 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 the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore 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 water tower. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a 1 Class 3 categorical exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the telecommunications facility blends into the existing natural landscape and creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not result in significant adverse environmental impacts given the attached conditions of approval. I I i i PLANNING COMMISSION RESOLUTION NO. 2009-43 PAGE 3 OF 4 II 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on August 18, 2009. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves the proposed Minor Design Review. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. i PASSED, APPROVED AND ADOPTED on this 18"' day of August 2009. my Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2009-43 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-43 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 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. 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. 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. Planning Commission Approval August 18, 2009