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Home My WebLink AboutPC Reso No 2015-58 (7.21.15)RESOLUTION NO. 2015-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2014-05 FOR DEVELOPMENT OF A NEW 50 -FOOT TALL MONOPALM UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AND EQUIPMENT FACILITY ON A VACANT LOT LOCATED APPROXIMATELY 400 FEET SOUTH OF THE INTERSECTION OF DIAMOND DRIVE AND MISSION TRAIL. WHEREAS, Spectrum Services, Inc., on behalf of Verizon Wireless ("Applicant"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2014-05 in conjunction with a Minor Design Review, which is referred to herein as the "Project"; and WHEREAS, the Developer proposes to construct a 50 -foot tall Monopalm to house twelve (12) paddle antennas and a two (2) parabolic antenna and associated improvements on a leased portion of property on a vacant lot located approximately 400 feet south of the intersection of Diamond Drive and Mission Trail, also known as Assessor's Parcel No. 363-150-034; 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 32 categorical exemption for projects characterized as in -fill development; and WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on 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, pursuant to LEMC Section 17.168.050 the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on June 2, 2015, July 7, 2015, and July 21, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2015-58 PAGE 2 OF 5 SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2014-05 for the proposed a 50 -foot high Monopalm tree unmanned wireless antcnna, cquipmcnt facility and associated improvements prior to making a decision and has found it acceptable. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2014-05 is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.: "CEQK) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and 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. 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. 2014-05; for the proposed for a telecommunications facility on a vacant lot located approximately 400 feet south of the intersection of Diamond Drive and Mission Trail, also known as Assessor's Parcel No. 363-150-034: 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 wireless communication facility complies with the goals and objectives of the General Plan, which require that the City provide infrastructure and services to support existing and future land uses. Given the recent increase in wireless communications devices, demand for better service reception has resulted in a demand for more wireless communications facilities. The Project will contribute to the overall number of facilities that service the City, its residents, and guests. 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. 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 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. 2015-58 PAGE 3OF5 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 site is a one-half acre vacant lot that is zoned CMU (Commercial Mixed Use). The proposed project will be located at the rear half of the lot, 1V- 9" feet from the rear of the building located on the adjacent lot and will be accessed from Diamond Drive via a 20 -foot wide non-exclusive easement with a hammerhead turn -around which will have a crushed gravel surface. The project will comply with all CMU development standards. 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 additional traffic generated by the approval of this wireless communication facility will not be significant. The proposed facility will require minimal maintenance; but to the extent that the site will be served via a 20 -foot wide paved ingress/egress easement, which will allow service crews and emergency vehicles access to the proposed wireless communication facility. 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. As proposed, the wireless telecommunication facility will be located at the rear half of the existing vacant lot with three (3) 30 -foot tall Date Palm trees will successfully stealth the proposed 50 -foot tall Monopalm antenna. The proposed wireless communication facility is appropriate to the site and surrounding developments in that the Monopalm antenna has been designed to blend into the landscape and topography of the area. Further the proposed wireless communication facility will complement the quality of the existing development and will create a visually pleasing, non -detractive relationship between the proposed and existing facilities in architectural design, color and materials. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code (LEMC) Section 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. Pursuant to LEMC Section 17.168.050, the proposed telecommunications facility has been considered by the Planning Commission at duly noticed public hearings held on June 2, 2015, July 7, 2015, and July 21, 2015. SECTION 4. Based upon the evidence presented and the above findings, the Planning Commission hereby approves Conditional Use Permit No. 2014-05. PLANNING COMMISSION RESOLUTION NO. 2015-58 PAGE 4 OF 5 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 21st day of July 2015. ao Shelly Jord , -Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015-58 PAGE 5OF5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015-58 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of July 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN JORDAN, COMMISSIONER GRAY, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: VICE CHAIR ARMIT Richard J. MacHott, LEED Green Associate Planning Manager