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HomeMy WebLinkAboutPC Reso No 2009-45 RESOLUTION NO. 2009-45 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS TELECOMMUNICATIONS FACILITY AT THE OUTHUIJSE RV PARK WHEREAS, Royal Street Communications (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review ("the Design"), in conjunction with Conditional Use Permit No. 2009-05, which are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Design 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 Design proposes the construction of a 55-foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility; 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 reviews, conditional use permits, and monopole applications in the City; and WHEREAS, notice of the Design and 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 AS FOLLOWS: SECTION 1. The Planning Commission has considered a Minor Design Review for the Royal Street Communications Telecommunications Facility at the Outhuijse RV Park prior to making a decision and has found it acceptable. F1 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.: Agenda Item No. Page _ of - PLANNING COMMISSION RESOLUTION NO. 2009-45 ~I PAGE 2OF4 "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 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 a Minor Design Review for a telecommunications facility at The Outhuijse RV Park: 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 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 Project includes Conditional Use Permit No. 2009- 05. The Project is located in the C-P Commercial Park District, wherein structures that exceed the maximum height of 50 feet require the submittal of a conditional use permit. Furthermore, the C-P zone allows, by CUP, "other uses that the Planning Commission finds by resolution to be in accord with the purpose of the Commercial Park zone. The Project includes Conditional Use Permit No. 2009-05. Agenda Item No. Page _ of - PLANNING COMMISSION RESOLUTION NO. 2009-45 PAGE 3 OF 4 2. The project complies with the design directives contained in the LEMC 17.184.060 and all other applicable provisions of the Municipal Code. The Commercial Park district requires that no accessory structure be located in the 25-foot front setback area. The Project applicant revised their, original submittal to move the facility outside the setback area. 3. Conditions and safeguards pursuant to LEMC 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. The Project is conditioned to comply with the C-P 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. The applicant has signed a Draft Acknowledgment of Acceptance of Conditions. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution for Conditional Use Permit No. 2009- 05, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility at The Outhuijse RV Park. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. - PASSED, APPROVED AND ADOPTED this 18th day of August, 2009. my Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. Page _ of - PLANNING COMMISSION RESOLUTION NO. 2009-45 PAGE 4 OF 4 F1 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. 2009-45 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 P Tom Weiner Acting Director of Community Development I I Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 n AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY THE OUTHUIJSE RV PARK. APN 379-100-016 Revised by Planning 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 r 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, 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 I CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY CM THE OUTHMSE RV PARK. APN 379-100-016 Revised by Planning 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. I 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 Fill 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"). I Page 2 of 4 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-05 ~I AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY 0 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 I completed prior to the issuance of a Certificate of Occupancy for the wireless I 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 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 !6. The pavement en the exi6ting dFive am6le, from Rivemide DIFive to the Lake, shall be festered n 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 AND A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS FACILITY 0 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