HomeMy WebLinkAboutPA 2019-50 - Exhibit A CUP Resolution (1)
RESOLUTION NO. 2019-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-14 TO
ESTABLISH A NEW 60-FOOT HIGH WIRELESS COMMUNICATIONS FACILITY
LOCATED AT 32533 Corydon (APN: 370-120-019)
Whereas, Greg Moorad, Plancom has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2019-50 (Conditional Use Permit No. 2019-14
and Commercial Design Review No. 2019-18) for the construction of a new 60-foot high wireless
communications facility disguised as a eucalyptus tree consisting of 12 panel antennas and 6
Remote Radio Units (RRUs). The project will include ancillary ground equipment consisting of two
(2) equipment cabinets located within a CMU block enclosure, and one (1) backup generator. The
facility will be located at the northeasterly corner of Corydon Drive and Palomar Street, more
specifically 32533 Corydon Drive (APN: 370-120-019).; and,
Whereas, Section 17.415.070 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 the Lake Elsinore Municipal Code (LEMC) Section 17.410.070 (Approving
Authority) and Section 17.410.030 (Multiple Applications), the Planning Commission
(Commission) has been delegated with the responsibility of reviewing and approving, conditionally
approving, or denying the conditional use permit and the minor design review application; and,
Whereas, on January 21, 2020, at a duly noticed Public Hearing, the Commission has considered
evidence presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Commission has considered the Project prior to making a decision and has found
it acceptable.
Section 2: The Commission finds that the proposed Project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. 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 California Planning and Zoning Law and the LEMC Section
17.415.070.C (Findings), the Commission makes the following findings regarding the Project:
PC Reso. No. 2020-____
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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 Project has a General Plan Land Use designation of Specific Plan (SP). The SP Land
Use designation does not specify uses within the SP designation nor does it provide for a
maximum Floor Area Ratio (FAR). The Project is proposing to construct a new wireless
communications facility, which will provide wireless communication services (voice and
data coverage) to the surrounding area and is therefore found consistent with the General
Plan.
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.
The proposed use does not propose either directly or indirectly any detrimental effects to
the existing surrounding community. The project has been conditioned as such to avoid
any possible negative impacts associated with the conversion and operation of the
proposed facility.
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 proposed use has been analyzed and staff has determined that the proposed use
meets all applicable sections of the LEMC and will complement the existing uses, based
on the submitted plans and attached 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.
The proposed use is located within an existing built environment, inclusive of streets. The
existing streets are of adequate size to facilitate safe and convenient transportation to and
from the site.
5. In approving the subject use at the specific location, there will be no adverse effect on
abutting properties or the permitted and normal use thereof.
The Project has been thoroughly reviewed and conditioned by all applicable City
departments thereby eliminating the potential for any adverse effects.
6. Adequate conditions and safeguards pursuant to paragraph B of LEMC 17.415.070,
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.
Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the
Planning Commission at a duly noticed Public Hearing on January 21, 2020, appropriate
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and applicable conditions of approval have been included to protect the public health,
safety and general welfare.
Section 4: Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby approves Planning Application No.
2019-50 (Conditional Use Permit No. 2019-14).
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 21st day of January, 2020.
Michael Carroll, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2019-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on January 21, 2020 and that the same
was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director