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HomeMy WebLinkAboutPC Reso No 2009-44 RESOLUTION NO. 2009-44 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009-05 WHEREAS, Royal Street Communications (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2009-05 (the "CUP"), in conjunction with a Minor Design Review ("the Design"), which are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Project on a leased portion of an existing recreational vehicle park located at 32310 Riverside Drive, on the south side of Riverside Drive, between Lake Crest Drive and Eisenhower Drive, and known as Assessor's Parcel No. 379-100-016 (the "Site"); and WHEREAS, the Project proposes the construction of a 55-foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility; and WHEREAS, projects, within a site designated by the General Plan for future specific plans and no specific plan has been approved, require the approval of a conditional use permit in accordance with Section 17.88.100 of the City of Lake Elsinore Municipal Code; and WHEREAS, the Commercial Park zone in which the Site lies, allows by conditional use permit other uses that the Planning Commission finds by resolution to be in accord with the purpose of the zone; and WHEREAS, the Commercial Park zone in which the Site lies, allows by conditional use permit structures exceeding the maximum height permitted by the zone; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving conditional use permits; and WHEREAS, notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 18, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER r AS FOLLOWS: IAgenda Item No. _ Page of PLANNING COMMISSION RESOLUTION NO. 2009-44 PAGE 2OF5 SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2009-05 for the Royal Street Communications Telecommunications Facility 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 at 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 proposed monopine wireless telecommunications tower, equipment shelter, 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 City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Conditional Use Permit No. 2009-05: 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. The General Plan designates the Site for Future Specific Plan, Lake Edge. However, a specific plan has not been approved for this area. The General Plan allows for Interim Development that meets the LEMC through the submittal of a conditional use permit. The Site is already developed with an existing RV park, campground and bar. r The Project is located in the C-P Commercial Park District, whose intent is to reserve appropriate locations to accommodate the needs of tourists and Agenda Item No. Page of - PLANNING COMMISSION RESOLUTION NO. 2009-44 PAGE 3OF5 recreational enthusiasts. The Project proposes to blend into the existing RV park by stea/thing as a monopine. The applicant's object is to provide network coverage to the nearby Riverside Drive Lake High School, residential and ! commercial development surrounding Riverside Drive and Grand Avenue, and for visitors to the northwestern portion of the City. 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 of the City, or injurious to property or improvements in the neighborhood or the City. The project provides telecommunications network coverage to serve the needs of the City's residents and visitors. The project has been designed and constructed to be compatible with adjacent uses. 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 project has been designed to be compatible with adjacent uses. The facility has been located outside the 25-foot front yard setback required by the Commercial Park District. Development standards of the City shall be complied with through . the 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. 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 Project is conditioned to comply with all development standards of the City's Zoning Code. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. 6. Adequate conditions and safeguards pursuant to LEMC 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. The project has been circulated to City departments and outside agencies, and F1 appropriate conditions of approval have been applied for their approval. Agenda Item No. Page _ of _ PLANNING COMMISSION RESOLUTION NO. 2009-44 PAGE 4 OF 5 F1 SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution approving Conditional Use Permit No. 2009-05, the Planning Commission hereby approves Conditional Use Permit No. 2009-05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. / G my Flores, Chairman City of Lake Elsinore ATTEST: Ii _ Tom Weiner Acting Director of Community Development Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-44 PAGE 5OF5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of j Lake Elsinore, California, hereby certify that Resolution No. 2009-44 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 MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Tom Weiner Acting Director of Community Development I Agenda Item No. Page _ of u CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 r AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY (@- THE OUTHUIJSE RV PARK. APN 379-100-016 Revised by Plannino Commission. August 18. 2009 PLANNING DIVISION 1. The Minor Design Review will expire two (2) years from the date of approval unless within that period of time a building permit is issued and construction commenced and diligently pursued toward completion, or an extension of time is granted by the City of Lake Elsinore. Conditional Use Permit No. 2009-05 is tied to the Minor Design Review, and will expire with the expiration of the MDR. 2. The project shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 17), unless modified by approved Conditions of Approval. 3. The project shall comply with all applicable conditions of the underlying Conditional Use Permit No. 2002-01 unless superceded by these conditions. 4. 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 i Agents, concerning the project attached hereto. 5. The City intends to file a Notice of Exemption with the Riverside County Clerk's office within five (5) business days from the approval of this project by the Planning Commission. A check payable to the County of Riverside, in the amount of $64.00, has been submitted to the Planning Department prior to the public hearing to pay for the cost of such filing. 6. All site improvements shall be constructed as indicated on the approved revised site plan and building elevations for the Minor Commercial Design Review, or as specified by these Conditions of Approval. Any revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. 7. This project lies within Project Area 2, Area 'A' of the Redevelopment Agency. However, fees or other RDA requirements have been waived because the project is an additional commercial development in an existing commercial business. 8. Prior to permit issuance, the applicant shall provide written confirmation that they have met all requirements requested by the Elsinore Valley Municipal Water District, and have obtained agency approval of the project. Page 1 of 4 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY (M THE OUTHUIJSE RV PARK. APN 379-100-016 Revised by P/anningr Commission, August 18, 2009 9. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Design Review and Conditional Use Permit. 10. The applicant shall replace any trees or other existing plants disturbed by the construction of the project. 11. The Conditions of Approval for this project shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 12. The enclosure shall be painted with an anti-graffiti material, and shall use wrought iron for gates. No chain link or barbed wire will be allowed. 13. Construction Landscape Plans and Irrigation Details for the project is required. These drawings shall be submitted along with a cost estimate for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Landscaping shall be provided adjacent to the storage facility on all four sides to soften the effect of the concrete masonry wall surrounding the facility. b. The plans shall provide for ground cover, shrubs, trees, and ivy and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). eyeFgFewn fFeRds, and Feplanting dead 9F missing plan A- nf building PeFFAitS. Page 2 of 4 Agenda Item No. Page _of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY (M THE OUTHUIJSE RV PARK, APN 379-100-016 Revised by Planning Commission. August 18. 2009 d. The applicant or property owner shall cleanup existing landscape areas in the front eighty (80) feet of the project site from Riverside Drive. The cleanup shall include and be limited to 1) the removal of weeds and debris, 2) trimming and pruning of palm trees, 3) removal of dead palm fronts, and 4) removal of overgrowth. Work shall be completed prior to the issuance of a Certificate of Occupancy for the wireless facility. Upon completion of the cleanup, photo documentation shall be provided to the City, prior to a request for final inspection. Revised by Planning Commission, August 18, 2009 14. The applicant or property owner shall repair or replace the existing trash enclosure with materials and cover in compliance with current City standards. Work shall be completed prior to the issuance of a Certificate of Occupancy for the wireless facility. Upon completion of this work, photo documentation shall be provided to the City, prior to a request for final inspection. Revised by Planning Commission, August 18, 2009 shall he renneyed-. 15. The applicant or property owner shall obtain proper permits from the City for all signage, or remove non permitted signs from the property. Work shall be completed prior to the issuance of a Certificate of Occupancy for the wireless facility. Upon completion of this work, photo documentation shall be provided to the City, prior to a request for final inspection. Revised by Planning Commission, August 18, 2009 festered Deleted by Planning Commission, August 18, 2009 Page 3 of 4 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 F1 AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY Coil THE OUTHUIJSE RV PARK. APN 379-100-016 Revised by Planning Commission. August 18. 2009 17. In the event that the telecommunications facility ceases to operate for more than one (1) year, the applicant shall remove the equipment. 18. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance and removal of equipment. 19. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the Certificate of Occupancy. The bond shall cover ten (10%) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate to install landscaping. 20. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. ENGINEERING DIVISION 21. The applicant shall obtain an encroachment permit and submit a traffic control plan for any work performed in the public right-of-way. 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 or adjacent properties. 23. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R Inc. for the removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing activities, or all other phases of construction. 24. The applicant shall accept and properly dispose of all drainage flowing onto or through the project site. (End of Conditions) Page 4 of 4 Agenda Item No. Page _ of i