HomeMy WebLinkAboutPC Reso No 2009-64RESOLUTION NO. 2009-64
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
TELECOMMUNICATIONS FACILITIES AS A CONDITIONAL USE
WITHIN THE C-1/SP NEIGHBORHOOD COMMERCIAL ZONING
DISTRICT OF THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN
AND APPROVING CONDITIONAL USE PERMIT NO. 2009-09
WHEREAS, Royal Street Communications, has initiated proceedings to request
the approval of Conditional Use Permit No. 2009-09 (the "CUP"), in order to establish
and operate a fifty-foot (50') tall telecommunications facility within a previously approved
freestanding freeway oriented sign structure which exceeds the maximum height
requirements of the C-1/SP zoning district in conjunction with a Minor Design Review
("the Design"), which are collectively referred to herein as the "Project"; and
WHEREAS, the project is proposed on a leased portion of property located at
31569 Canyon Estates Drive, and known as Assessor's Parcel No. 363-910-001,
-002, -003 (the "Site"); and
WHEREAS, telecommunications facilities are neither a permitted use nor
conditionally permitted use in the C-1/SP Neighborhood Commercial zoning district; and
WHEREAS, however, the Canyon Creek "Summerhill" Specific Plan authorizes
the Planning Commission of the City of Lake Elsinore to find uses not listed as either a
permitted or conditionally permitted use in the specific plan designated district to be
conditionally permitted if the Planning Commission finds that the use comports with the
purpose of the specific plan designated district and is similar in characteristic to other
conditional uses in the specific plan district; and
WHEREAS, Canyon Creek "Summerhill" Specific Plan Section 060 allows a
maximum structure height of thirty-five feet (35') within the C-1/SP specific plan district;
and
WHEREAS, Canyon Creek "Summerhill" Specific Plan further provides in Section
030.1- that structures may exceed the maximum height requirement subject to the
issuance of a conditional use permit; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and approving conditional use permits;
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
December 1, 2009.
Agenda Item No.
Page _ of
PLANNING COMMISSION RESOLUTION NO. 2009-64
PAGE 2OF5
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. 2009-09 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 wireless telecommunications facility, equipment enclosure, 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 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. 2009-09:
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.
The General Plan designates the Site Canyon Creek "SummerhilP" Specific Plan.
The Site is already fully developed with an existing professional office park
complex.
The Project is located in the C-11SP Neighborhood Commercial district, whose
Agenda Item No. _
Page _ of _
PLANNING COMMISSION RESOLUTION NO. 2009-64
PAGE 3 OF 5
intent is to reserve appropriate locations to accommodate professional offices
and general retail uses which serve the needs of local residents. The Project
proposes to blend into the existing office complex by being fully incorporated into
a previously approved freestanding freeway oriented pylon sign structure and will
be fully screened from public view. The applicant's objective is to provide cellular
phone network coverage to the surrounding area for residents, businesses and
visitors.
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 of 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 and visitors. 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.
While the proposed fifty (50) foot tall cellular telecommunications facility exceeds
the maximum structure height in the C-11SP zoning district by fifteen (15) feet,
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 Fifty (50) foot tall structure will not be
incompatible with existing and planned surrounding land uses. Moreover, the
facility will be fully screened from public view and will include landscaping
improvements to enhance its aesthetics.
4. 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
Canyon Creek "Summerhill" Specific Plan and to the extent that the Specific Plan
is silent, the City's Municipal Code. These standards and conditions have been
prepared and reviewed to benefit the public health, safety and welfare.
5. 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.
The project has been circulated to City departments and outside agencies, and
appropriate conditions of approval have been applied for their approval.
Agenda Item No.
Page _ of
PLANNING COMMISSION RESOLUTION NO. 2009-64
PAGE 4OF5
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to this Resolution approving Conditional Use Permit
No. 2009-09, the Planning Commission hereby approves Conditional Use Permit No.
2009-09.
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, by the
mmy Flores, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Director of Community Development
Agenda Item No.
Page _ of
PLANNING COMMISSION RESOLUTION NO. 2009-64
PAGE 5OF5
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. 2009-64 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
Tom Weiner
Director of Community Development
Agenda Item No.
Page _ of
PLANNING DIVISION
GENERAL CONDITIONS
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
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2009-09
(ED THE PLAZA OFFICE COMPLEX, APN 363-910-001, -002, -003
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%a) 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
0- THE PLAZA OFFICE COMPLEX, APN 363-910-001, -002, -003
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