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HomeMy WebLinkAboutPC Reso No 2009-57RESOLUTION NO. 2009-57 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THE ROYAL STREET COMMUNICATIONS TELECOMMUNICATIONS FACILITY AT 422 RANCHO DRIVE WHEREAS, Royal Street Communications (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review ("the Design"), in conjunction with Conditional Use Permit No. 2009-07 and Variance No. 2009-02, which are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Design on a leased portion of property located at 422 Rancho Drive, on the south side of Rancho Drive, west of the Interstate 15 freeway, east of Pottery Street, and known as Assessor's Parcel Nos. 377-320-005 and -006 (the "Site"); and WHEREAS, the Design proposes the construction of a 75-foot tall monopine wireless telecommunications tower and an unmanned, 400 square foot enclosed equipment storage facility; 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 3 categorical exemption for new construction or conversion of small structures; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making decisions regarding minor design reviews, conditional use permits, variances, and monopole applications in the City; and WHEREAS, notice of the Design and 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 a Minor Design Review for the Royal Street Communications Telecommunications Facility at 422 Rancho Drive 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 Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-57 PAGE 2OF4 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 a Minor Design Review for a telecommunications facility at 422 Rancho Drive: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The General Plan designates the Site for Medium Density Residential. However, the property is owned and operated 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. Agenda Item No. _ Page _ of _ PLANNING COMMISSION RESOLUTION NO. 2009-57 PAGE 3 OF 4 2. The project complies with the design directives contained in the LEMC 17.184.060 and all other applicable provisions of the Municipal Code. The Project applicant reevaluated and revised their original submittal decreasing the height of the monopine from 85 to 75-feet, which is the lowest point at which they can maximize coverage by their wireless system. The applicant sought relief from the 30-foot maximum height in the R-1 zone, with the submittal of Variance No. 2009-02. 3. Conditions and safeguards pursuant to LEMC 17.184.070, 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. The Project is conditioned to comply with the R-1 development standards of the City's Zoning Code and Variance No. 2009-02. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. The applicant has signed a Draft Acknowledgment of Acceptance of Conditions. 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 a Minor Design Review for the telecommunications facility at 422 Rancho Drive. 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 ATT~ aw Tom Weiner Acting Director of Community Development Agenda Item No. _ Page _ of _ PLANNING COMMISSION RESOLUTION NO. 2009-57 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. 2009-57 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 Tom Weiner Acting Director of Community Development Agenda Item No. _ Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 (a) 422 RANCHO DRIVE. APN 377-320-005 AND -006 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. Page _ of 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 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-07 (a) 422 RANCHO DRIVE, APN 377-320-005 AND -006 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