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Home My WebLink AboutPC Reso No 2008-106 RESOLUTION NO. 2008-106 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-20 WHEREAS, Monica Moretta, Sequoia Development., representing Royal Street Communications, has initiated proceedings for Conditional Use Permit No. 2008-20, for the design, construction, and co-location of a forty five (45) foot tall cellular monopine antenna tower, and equipment located within the Long Beach Equities Alberhill Ranch Specific Plan, (Assessor Parcel Number 390-120-010) (the "Project"); and WHEREAS, the project site has a zoning designation of Commercial Specific Plan within the Long Beach Equities Alberhill Ranch Specific Plan. The Development Standards subsection `Building Height' of the Long Beach Equities Alberhill Ranch Specific Plan allows a maximum building/structure height of forty five feet (45'). The proposed tower height and stealth design meets the intent of the Long Beach Equities Alberhill Ranch Specific Plan and will not result in incompatibility issues with surrounding properties and planned land uses; and WHEREAS, in Section 17.74 of the Lake Elsinore Municipal Code, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon 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, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on December 16, 2008, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. 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 Conditional Use Permit No. 2008-20 prior to rendering its decision and finds that the requirements of the Long Beach Equities Alberhill Ranch Specific Plan and Chapters 17.74 and 17.82 of the Lake Elsinore Municipal Code (where applicable) have been satisfied. 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: PLANNING COMMISSION RESOLUTION NO. 2008-106 PAGE 2OF4 "Construction and location of limited numbers of new, small facilities or 4 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 monopine antenna tower, equipment and 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 Long Beach Equities Alberhill Ranch Specific Plan, the State Planning and Zoning Law, and the Lake Elsinore Municipal Code (where applicable), the Planning Commission makes the following findings for approval of CUP 2108-20: 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. Issuance of this Conditional Use Permit will facilitate and improve wireless communication coverage for the general public and City of Lake Elsinore residents in the general area. Furthermore, the proposed land use conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or 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 and maintenance of the facility, 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. i PLANNING COMMISSION RESOLUTION NO. 2008-106 PAGE 3OF4 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 Specific Plan. The proposed facility has been designed in consideration of the size and shape of the property and both existing and planned land uses in the vicinity. Adequate setbacks, security walls and screening have all been incorporated into the design of the facility to ensure that the proposed forty five foot (45) tall structure will not be incompatible with existing and planned surrounding land uses on adjacent properties. Moreover, the facility has been designed with camouflage techniques and landscaping improvements to enhance its aesthetics. f 4. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 5. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.84.070 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. FJ[' Pursuant to the Lake Elsinore Municipal Code, the proposed telecommunications facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on December 16, 2008. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2008-20. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 16th day of December 2008. Axe anelli, C166ir an City of Lake Elsinore ATTEST: i Tom Weiner Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2008-106 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) 1, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008 - 106 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16'h day of December 2008, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Vice-Chairman Jimmy Flores, Commissioner's John Gonzales, Phil Mendoza, and Michael O'Neal NOES: None ABSENT: None ABSTAIN: None T Tom Weiner Acting Director of Community Development