HomeMy WebLinkAboutPC Reso No 2009-55RESOLUTION NO. 2009-55
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2009-07
WHEREAS, Royal Street Communications (the "Developer"), filed an
application with the City of Lake Elsinore requesting approval of Conditional Use
Permit No. 2009-07 (the "CUP"), in conjunction with a Minor Design Review ("the
Design") and Variance No. 2009-02 (the 'Variance"), which are collectively referred to
herein as the "Project"; and
WHEREAS, the Developer proposes the Project on a leased portion of property
owned by the Eastern Municipal Water District located at 422 Rancho Drive, on the
south side of Rancho Drive, west of the Interstate 15 freeway, and east of Pottery
Street, and known as Assessor's Parcel Nos. 377-320-005 and -006 (the "Site"); and
WHEREAS, the Developer proposes to construct a 75-foot tall monopine
wireless telecommunications tower and an unmanned, 400 square foot enclosed
equipment storage facility on the Site; and
WHEREAS, Section 17.76.020 of the Lake Elsinore Municipal Code does not
permit, as of right, antenna or telecommunications facilities; and
WHEREAS, Section 17.76.030 of the Lake Elsinore Municipal Code does not
enumerate antenna or telecommunications facilities as permitted subject to the
issuance of a conditional use permit; and
WHEREAS, however, Section 17.76.030(F) gives the Planning Commission
discretion to permit any other use in the R-1 zone subject to the issuance of a
conditional use permit so long as the use is consistent with the intent of the R-1 zone
and is compatible with the surrounding uses; and
WHEREAS, the Planning Commission desires to permit the construction and
operation of a wireless telecommunications facility on the Site subject to the issuance
of a conditional use permit; and
WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code 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, 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
Agenda Item No.
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PLANNING COMMISSION RESOLUTION NO. 2009-55
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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 November 17, 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 Conditional Use Permit
No. 2009-07 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
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 the approval of Conditional
Use Permit No. 2009-07:
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.
Agenda Item No.
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PLANNING COMMISSION RESOLUTION NO. 2009-55
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The General Plan designates the Site Medium Density Residential. However,
the site is owned by the Eastern Municipal Water District, who has developed
the site with water pipelines. The District has no pending development plans,
but future uses may include additional water storage facilities. The District
indicated that they do not plan to sell the property.
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 project provides telecommunications network coverage to serve the needs
of the City's residents, visitors, and the touring public who travel on Interstate
15.
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 existing, future, and
adjacent uses. The enclosure is generally hidden from view, from existing
streets and the freeway, by its location surrounded by existing mature trees and
vegetation.
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 project has been conditioned to pave an access road with asphalt concrete
over native soil a minimum width of 12 feet, for maintenance vehicles that will
visit the site.
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.
Agenda Item No.
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PLANNING COMMISSION RESOLUTION NO. 2009-55
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The project has been circulated to City departments and outside agencies, and
appropriate conditions of approval have been applied for their approval.
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached, the Planning Commission hereby approves
Conditional Use Permit No. 2009-07.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 17th day of November, 2009.
my Flores, Chairman
City of Lake Elsinore
ATTEST:
aw+
Tom 'Weiner
Acting Director of Community Development
Agenda Item No.
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PLANNING COMMISSION RESOLUTION NO. 2009-55
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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. 2009-55 was adopted by
the Planning Commission of the City of Lake Elsinore at a regular meeting held on the
17th day of November 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
mMn
Tom Weiner
Acting Director of Community Development
Agenda Item No.
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CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2009-07
AND A MINOR DESIGN REVIEW
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. 2009-07 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 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
Agents, concerning the project attached hereto.
4. 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,
should be submitted to the Planning Department prior to the public hearing to pay
for the cost of such filing.
5. All site improvements shall be constructed as indicated on the approved revised
site plan and building elevations for the Minor 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.
6. This project lies within Project Area 3, Parcel No. 9 of the Redevelopment Agency.
However, fees or other RDA requirements do not apply to commercial or industrial
development.
7. Any violation or noncompliance with the Conditions of Approval shall be cause for
the revocation of this Minor Design Review and Conditional Use Permit.
8. The applicant shall replace any trees or other existing plants disturbed by the
construction of the project.
9. 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.
Page 1 of 3
Agenda Item No.
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10. 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. In the event that graffiti
occurs on any portion of the enclosure, the applicant shall remove the graffiti
immediately and restore the enclosure with proper paint.
11. In the event that the telecommunications facility ceases to operate for more than
one (1) year, the applicant shall remove the equipment.
12. 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.
13. 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
14. The applicant shall obtain an encroachment permit for any work performed in the
public right-of-way.
15. If applicable, Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85-
26) shall be paid prior to issuance of building permit.
16. If grading exceeds 50 cubic yards, grading plans shall be prepared by a California
Registered Civil Engineer and approved prior to grading permit issuance. Prior to
any grading, the applicant shall obtain a grading permit and post appropriate
security.
17. The applicant shall accept and properly dispose of all drainage flowing onto or
through the site.
18. The applicant shall implement NPDES Best Management Practices during and
after construction to prevent discharge of pollutants into the City's storm drain
system.
19. 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
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Agenda Item No.
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CONDITIONS OF APPROVAL
during cleaning, demolition, clear and grubbing activities, or all other phases of
construction.
20. The access road shall be paved with asphalt concrete over native soil with a
minimum width of 12 feet.
21. The applicant shall dedicate additional right-of-way on Rancho Drive, along the
property frontage, such that the centerline to property line is 30 feet and that the
cul-de-sac radius is per City standard.
FIRE DEPARTMENT - No comments, corrections or conditions.
ADMINISTRATIVE SERVICES DIVISION - No comments nor conditions.
(End of Conditions)
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Agenda Item No.
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CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2009-07