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PC - 2009-04 - Approving Conditional Use Permit 07-1111 to Increase Height of an Unmanned Wireless Monocypress Tree Located at 7839 Emerson Place09 PC RESOLUTION 09-04 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 07-1111 (MODIFICATION), TO INCREASE THE HEIGHT OF AN UNMANNED WIRELESS MONOCYPRESS TREE FROM 40'-0" TO 44'-6," LOCATED AT 7839 EMERSON PLACE IN THE R-2 (LIGHT MULTIPLE RESIDENTIAL) ZONE. (APN: 5287-020-039) WHEREAS, on February 4, 2009, T-Mobile USA filed an application to modify Conditional Use Permit 07-1111, to increase the height of an unmanned wireless monocypress tree from 40'-0" to 44'-6," located at 7839 Emerson Place; and WHEREAS, 7839 Emerson Place is located in the R-2 (Light Multiple Residential) zone; and WHEREAS, Section 17.112.020(15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, on February 26, 2009, forty-three (43) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 07-1111 (Modification); and WHEREAS, on March 2, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 07-1111 (Modification); and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. regulations of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 07-1111 (Modification), to allow the height modification of unmanned wireless monocypress tree, from 40'-0" to 44'-6," located at 7839 Emerson Place, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on March 2, 2009, by the following vote: YES: CAM, GAY NO: NONE ABSENT: NONE ABSTAIN: NONE KUNIOKA, LOPEZ AND VUU SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 2nd day of March, 2009. Daniel Lopez, Chair n CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 2nd day of March, 2009 by the following vote: YES: CAM, GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 2nd day of March, 2009. Sheri Bermejo, Secretary • EXHIBIT "B" 0 CONDITIONAL USE PERMIT 07-1111 (MODIFICATION) (APN: 5287-020-039) CONDITIONS OF APPROVAL March 2, 2009 1. Conditional Use Permit 07-1111 (Modification) is approved to increase the height of an unmanned wireless monocypress tree from 40'-0" to 44'-6", to be developed in accordance with the photo simulation marked Exhibit "C", dated February 4, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 2. Approval of Conditional Use Permit 07-1111 (Modification) shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. Conditional Use Permit 07-1111 (Modification) is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30-calendar days before expiration of the initial 6 month approval period. Otherwise, Conditional Use Permit 07-1111 (Modification) shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Conditional Use Permit 07-1111 (Modification) is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the -expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this Conditional Use Permit 07-1111 (Modification). 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning • 0 I Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or any legal holidays. 11. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Conditional Use Permit 07-1111 (Modification). 12. No portion of the lot, outside of the building, shall be used for storage of any type. All trash and debris shall be contained within approved trash enclosure. 13. The site shall be maintained in a clean, weed, and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. Any new litter and graffiti shall be removed within twenty-four (24) hours. 14. All utilities and connection cables shall be underground. The under- grounding of these utilities shall consider all future connections to the satisfaction of the Planning Division. 15. Safety standards developed by the American National Standards Institute (ANSI) shall be followed through all stages of construction and operation of this facility. 16. The applicant shall adhere to all requirements and regulations of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. 17. The equipment shelter shall be 6'-0" high and be constructed of concrete block with a stucco finish to match the existing building in texture and color. Y 18. All existing shade structures and canopies onsite shall be removed from the site. 19. The landscape planter located along the north property line shall be improved with additional landscaping (colorful and drought tolerant trees, shrubs, flowers and ground cover). All landscape planters onsite shall be maintained with adequate landscaping on a regular basis. 20. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or emergency exits. 21. All side and rear yard fencing height shall be increased to a total of six (6) feet. 22. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction. of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 23. At no time shall any travel trailer be utilized for living purposes. 24. A new trash enclosure shall be installed directly south of the equipment shelter. The trash enclosure walls shall be 6'-0" tall and be constructed of concrete block with a stucco finish to match the existing building in texture and color. The trash enclosure shall also have steel self-closing doors. A decorative trellis cover shall have decorative cut beams. 25. No start-up generators shall be permitted onsite. 26. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.