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HomeMy WebLinkAboutPC Reso No 2009-65RESOLUTION NO. 2009-65 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 THE PLAZA OFFICE COMPLEX 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. 2009-09, which are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Design on a leased portion of an existing professional office park complex located at 31569 Canyon Estates Drive, and known as Assessors Parcel No. 363-901-001,002,003 (the "Site"); and WHEREAS, the Design proposes the construction and operation of a wireless telecommunications facility within a previously approved 50-foot tall freeway oriented sign structure, to exceed to maximum allowed structure height and to construct associated accessory equipment; 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, and wireless telecommunications facility 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 December 1, 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 the Plaza professional office complex prior to making a decision and has found it acceptable. Agenda Item No. _ Page _ of _ PLANNING COMMISSION RESOLUTION NO. 2009-65 PAGE 2OF4 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 wireless telecommunications facility, equipment enclosure, 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 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 The Plaza Professional Office Complex: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the zoning district in which the project is located. The General Plan designates the Site as Canyon Creek "Summerhill" Specific Plan. The Planning Commission has allowed for telecommunication facilities as a conditional use in the Neighborhood Commercial C-11SP zoning district subject to the issuance of a conditional use permit. The Project includes Conditional Use Permit No. 2009-09. The Project is located in the Neighborhood Commercial Specific Plan C11SP zoning district, wherein structures that exceed the maximum height of thirty-rive feet require the submittal of a conditional use permit. However, adequate setbacks, security walls and screening have all been incorporated into the proposed 50-foot tall telecommunications facility. Therefore, the facility will be compatible with existing and planned surrounding land uses and a Conditional Use Permit has been approved for the increased height of the facility. Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-65 PAGE 3OF4 The project complies with the design directives contained in the LEMC 17.184.060 and all other applicable provisions of the Municipal Code. The proposed telecommunications facility will comply with all Canyon Creek "SummerhilP" Specific Plan and City Municipal Code development standards including but not limited to setbacks and height requirements. 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 Neighborhood Commercial Specific Plan C-11SP development standards of the Canyon Creek "SummerhilP" Specific Plan. 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, the Planning Commission hereby approves a Minor Design Review for the telecommunications facility and associated accessory equipment at The Plaza Professional Office Complex. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of December, 2009. ii my lores, Chairman City of Lake Elsinore ATTEST- VMA Tom Weiner Director of Community Development Agenda Item No. Page _ of _ PLANNING COMMISSION RESOLUTION NO. 2009-65 PAGE 4OF4 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. 2009-65 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of December 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GONZALES, COMMISSIONER MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI NOES: COMMISSIONER PHIL MENDOZA ABSENT: NONE ABSTAIN: NONE OMn Tom Weiner Director of Community Development Agenda Item No. Page _ of PLANNING DIVISION GENERAL CONDITIONS 1. 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 to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2009-09 and Minor Design Review located at 31569 Canyon Estates Drive (APN: 363-910-001, -002, -003). 2. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project approval. 3. The project shall comply with all applicable requirements of the Canyon Creek "SummerhilP" Specific Plan, and to the extent that the Canyon Creek "SummerhilP" Specific Plan is silent, the Lake Elsinore Municipal Code (Title 17), unless modified by approved Conditions of Approval. 4. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit and Design Review. 5. 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. 6. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. CONDITIONAL USE PERMIT 7. In the event that the telecommunications facility ceases to operate for more than one (1) year, the applicant shall remove the equipment. 8. 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. Page 1 of 3 Planning Commission Approved December 1, 2009 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-09 MINOR DESIGN REVIEW 9. 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. 2009-09 is tied to the Minor Design Review, and will expire with the expiration of the MDR. 10. All site improvements shall be constructed as indicated on the approved site plan and building elevations for the Minor Commercial 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. 11. The sign structure and enclosure walls shall be painted with an anti-graffiti material. In the event that graffiti occurs, the property owner shall remove the graffiti immediately. 12. The applicant shall replace any trees or other existing plants disturbed by the construction of the project in accordance with the approved Conceptual Landscape Plan. 13. Construction Landscape Plans and Irrigation Details for the project are required. These drawings shall be submitted along with a cost estimate for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. The plans shall provide for ground cover, shrubs, trees, and vines and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. 14. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the Certificate of Occupancy. The bond shall cover ten (10%) of the actual cost of Page 2 of 3 Planning Commission Approved December 1. 2009 Agenda Item No. _ Page _ of CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2009-09 labor, equipment and material as shown on the approved Cost Estimate to install landscaping. 15. Noise, associated with the proposed emergency generator, shall comply with the City's Noise Ordinance provisions. (End of Conditions) Page 3 of 3 Planning Commission Approved December 1, 2009 Agenda Item No. _ Page _ of