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HomeMy WebLinkAboutPC Reso No 2009-56RESOLUTION NO. 2009-56 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2009-02 WHEREAS, Royal Street Communications (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2009-02 ("the Variance"), in conjunction with Conditional Use Permit No. 2009-07 (the "CUP"), and a Minor Design Review ("the Design"), 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, Lake Elsinore Municipal Code Section 17.76.100 limits building height within the R-1 zoning district to thirty (30) feet; and WHEREAS, through Variance No. 2009-02 the Developer requests relief from the maximum height requirement in the R-1 zone and permission to construct its monopine at seventy-five (75) feet; 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 variances; and 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 Variance No. 2009-02 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.: Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-56 PAGE 2 OF 4 "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 Variance No. 2009-02: 1. Adequate conditions and safeguards pursuant to LEMC 17.172.050 have been incorporated into the approval of the variance to ensure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The General Plan designates the Site Medium Density Residential and lies within the R-1 Single Family Residential planning district. 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 or energy dissipation facilities. The District indicated that they do not plan to sell the property. 2. There are special circumstances, pursuant to the purpose of this chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-56 PAGE 3OF4 The nature of the use and the existing site conditions create a situation where the parcel could not have future development other than for additional water storage or energy dissipation facilities, which is not typical of residential uses. The existing trees along the property line adjacent to the Interstate 15 freeway have grown to heights and densities that are atypical in residential zones. The proposed 75-foot tall monopine will blend in with these trees. The site sits below the grade of the freeway onramp. Therefore, in order for the proposed monopine to "see" other sites in the network, the tower must exceed the R-1 maximum height of 30 feet for buildings. 3. In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose of this chapter and enable reasonable development of the property. Granting relief from the maximum building height for a telecommunications tower adjacent to the freeway is a reasonable deviation for such use. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution approving Conditional Use Permit No. 2009-07, the Planning Commission hereby approves Variance No. 2009-02. 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. Immy Flores, Chairman City of Lake Elsinore ATTEST: 8tin Tom Weiner Acting Director of Community Development Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-56 PAGE 4 OF 4 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. 2009-56 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 L To Weiner Acting Director of Community Development Agenda Item No. _ Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 AND A MINOR DESIGN REVIEW PLANNING DIVISION 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. 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. 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. 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. _ Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 AND A MINOR DESIGN REVIEW 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 Page 2 of 3 Agenda Item No. Page _ of _ 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) Page 3 of 3 Agenda Item No. Page _ of _ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07