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PC19-454RESOLUTION NO. PC 19.454 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO.2018.078 FOR A WIRELESS COMMUNICATION FACILITY CONCEALED AS A 70' GLOCK TOWER PROPOSED AT WHEATFIELD PARK (30627 MENIFEE ROAD; APN: 364-070-026) Whereas, on March 29, 2018 the applicant, Smartlink, filed a formal application with the City of Menifee for a Conditional Use Permit (CUP 2018-078) to allow for the construction and operation of a wireless communication facility concealed as a 7O-foot- tall clock tower that is proposed to be attached to the existing multi-purpose building at the site, including a 715 square foot lease area to be located at the existing Wheatfield Park; and Whereas, on August 14, 2019, the Planning Commission of the City of Menifee held a duly noticed public hearing on Conditional Use Permit No. 2018-078, considered all public testimony as well as all materials in the staff report and accompanying documents, which a hearing was publicly noticed by a publication in the Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the project boundaries, and to persons requesting public notice; and, Whereas, at the August 14, 2019 Planning Commission public hearing, based on the public testimony as well as all materials in the staff report and accompanylng documents, the City of Menifee Planning Commission instructed staff to prepare a resolution with denial findings for Conditional Use Permit No. 2018-078 and continued the public hearing until September 11, 2019; and, Whereas, at the September 11, 2019 Planning Commission public hearing, based on the public testimony as well as all materials in the staff report and accompanying documents, the City of Menifee Planning Commission denied Conditional Use Permit No. 2018-078; and, NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1:Consisfency with the General Plan. The projecf is consisfent with the General Plan Land Use Map, and applicable General Plan objectives, policies, and programs: Consistencv with General Plan The General Plan land use of the subject site is the Menifee Village Specific Plan No. 158 (SP #158). More specifically, the site is located within Planning Area 2-2 of the Specific Plan. Planning Area 2-2 is designated as Sports Park which allows a variety of active recreational uses. The proposed Project would consist of a wireless communications facility concealed as a 70' clock tower that will be attached to the existing multi-purpose building and a 715 square foot lease area to be located at an existing sports park. The City's Wireless Communications Facilities code allows for stand alone wireless communication facilities in all recreational and Open Space zones when concealed or disguised. Conditional Use Permit No. 2018-O78 Page 2 of 5 Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group, and the project area is developed/disturbed. The project would be subject to the payment of fees consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the project would not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Although the proposed project is allowed within the General Plan designation of SP #158 and is consistent with the MSHCP plan, the project is inconsistent with the following City of Menifee General Plan goals and policies: Land Use Preserue, protect, and enhance established rural, esfafe, and residential neighborhoods by providing sensifive and well-designed transitions (building design, landscape, etc.) between fhese neighborhoods and adjoining areas. Open Space and Gonservation OSC-8.5 A comprehensive sysfem of high quality parks and recreation programs that meefs the diverse needs of the community. The project proposes a wireless communication facility that will be concealed as a 70' clock tower and would be attached to the existing multi-purpose building at Wheatfield Park. Currently, the existing park contains ballfield lights that are approximately 50-60 feet in overall height which are the only structures located at the park or in the immediate vicinity of the project site that are of a similar height. However, the height of the ballfield lights are still approximately 10-20 feet lower than the proposed clock tower height and the poles of the ballfield lights are not as large in size as the proposed tower; therefore, the ballfield lights are less visually intrusive than the proposed tower. The proposed clock tower would be the only structure of its mass and height in the immediate vicinity of the project site. There is an existing wireless communications facility located to the south of the project site on Bell Mountain; however, that facility is still approximately a mile away from the project site. The addition of the wireless communication facility would degrade the overall a a Conditional Use Permit No. 2018-078 Page 3 of 5 Section 2: o aesthetic q uality of the existing park, adjacent residential neighborhoods and surrounding areas and would be in conflict with LU-1 .4 and OSC-8.5. Project Design CD-3.3 Minimize visual impacts of public and private facilities and support structures through sens/frve sife design and construction. This includes, but is not limited to: appropriate placement of facilities; undergrounding, where possib/e; and aesthetic design (e.9., cell tower stealthing). The project proposes a stealth wireless communication facility that would be concealed as a 70' clock tower and attached to the existing multi-purpose building on-site. The proposed location of the tower interior to the site and attached to the existing main building somewhat minimizes the potential visual impacts of the tower. However, given the overall proposed height of 70' and the overall size of the proposed structure, visual impacts would still occur as the structure would be the only structure of this height and size in the immediate vicinity for quite a distance; therefore, creating an inconsistency with General Plan Policy CD-3.3. Due to the inconsistencies with the above mentioned General PIan policies, the project is not consistent with applicable General Plan objectives, policies, and programs and the Planning Commission cannot make this finding. Consisfency with the Zoning Code. The projecf is consisfent with the zone designation Map, and applicable development standards within the zone designation: The zoning classification of the project site is Specific Plan as the subject site is located within Planning Area 2-2 of SP #158. As mentioned above, Planning Area 2-2 is designated as Sports Park which allows a variety of active recreational uses. The proposed Project would consist of a wireless communications facility concealed as a 70' clock tower that will be attached to the existing main building at the subject site. The Project also proposes a 715 square foot lease area that will enclose the supporting equipment for the facility. The Project is proposed at an existing sports park within the City. Chapter 9.08 of the City's Municipal Code (MMC), Siting of Wireless Communications Facilities, allows for stand alone wireless communication facilities in all recreational and Open Space zones when concealed or disguised. MMC Section 9.08.050 "General Requirements for All Telecommunication Facilities and Antennas" (A) requires that facilities "Be consistent with the applicable general plan, any specific plan, zoning, design guidelines, and the permit requirements of any agency which has jurisdiction over the project. As noted in Section 1 above, the project is not consistent with General Plan Policies LU-1.4, OSC-8.5 and CD-3.3. Therefore, the project is not consistent with this standard of MMC Chapter 9.08. Conditional Use Permit No. 2018-O78 Page 4 of 5 Section 3: ln addition, MMC Section 9.08.050 (D) requires that facilities "Be sited to minimize their visibility as much as possible with maximum screening of support equipment and facilities." Although the facility is proposed to be a concealed facility, the 70 foot height of the clock tower/wireless facility is highly visible and surrounding development is not of comparable heights. The facility is situated in the center of a park, surrounded by sports fields. Development around the park consists of single-family residential development, not exceeding 2-stories in height, and a school, which alsois approximately 2-stories in height. Therefore, the project is not consistent with this standard of MMC 9.08. The zoning of parcels surrounding the subject site includes the Menifee Village Specific Plan to the north, east and west and the One-Family Dwellings (R-1) zone to the south. The proposed project, a wireless communications facility concealed as a clock tower, is not compatible with surrounding residential zoning due to height and visibility. The maximum height allowed in the R-1 zone is three stories, not to exceed 40 feet. Therefore, the Planning Commission cannot make this finding Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The proposed project is aesthetically incompatible with the surrounding uses and neighborhoods in the area. The project proposes a 70' wireless communications facility that will be concealed as a clock tower and will be attached to the existing multi-purpose building at the site. The project site is surrounded by existing residences and vacant land to the north and existing residences to the south and east of the site. Bel! Mountain Middle School and Mount San Jacinto Community College are located directly to the west of the site. As previously mentioned, the existing park contains ballfield lights that are approximately 50-60 feet in overall height which are the only objects located at the park or in the immediate vicinity of the project site that are of a similar height. However, the overall height of the ballfield lights are still approximately 10-20 feet lower than the proposed clock tower height. The poles of the ballfield lights are not as Iarge in size as the proposed tower; therefore, the ballfield lights are less visually intrusive than the proposed tower. The overal! height and mass of the proposed tower causes the proposal to be aesthetically incompatible with other properties or Iand uses in the project vicinity. Given the incompatibility with the surrounding uses and neighborhoods, the project applicant should sufficiently consider alternatives to the project including alternative project sites where a clock tower of this size would be compatible with other properties or land uses in the immediate area. Therefore, the Planning Commission cannot make this finding. Conditional Use Permit No. 2018-078 Page 5 of 5 Section 4:Compliance with CEQA. Processing and denial of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed use has been determined to be Statutorily Exempt ("Projects Which Are Disapproved") under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15270. CEQA does not apply to projects which a public agency rejects or disapproves. BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby denies Conditional Use Permit No. 2018-078 subject to the following: 1 . The Findings set out above are true and correct. 2. Conditional Use Permit No. 2018-078 is hereby denied. PASSED, APPROVED AND ADOPTED this the 11th day of SEPTEMBER, 2019. arrman Attest: nie Roseen, Deputy City Clerk Approved as to form: Ajit tnd, Assistant City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC19-454 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 11 of September 2019 by the following vote: SS ) ) ) Ayes: Noes: Absent: Abstain: Phillips, Thomas, Kanruin Diederich, Madrid None None nie Roseen, CMC Deputy City Clerk :MEru tFeE .rl 7 orTY O3. =