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PC - 2009-17 - Approving conditional use Permit 02-881 at 7403 Hellman AvenuePC RESOLUTION 09-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02-881 (MODIFICATION), TO UPGRADE THE EXISTING SPRINT PCS MONOPALM BY ADDING THREE (3) MICROWAVE DISHES AND A NEW EQUIPMENT CABINET, LOCATED AT 7403 HELLMAN AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5286-008-030). WHEREAS, on July 22, 2009, T-Mobile USA submitted an application to modify Conditional Use Permit 02-881 to upgrade the existing Sprint PCS monopalm by adding three microwave dishes and a new equipment cabinet, located at 7403 Hellman Avenue; and WHEREAS, 7403 Hellman Avenue is located in the C-3; Medium Commercial 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; and 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, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on July 23, 2009, twenty-nine (29) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in six (6) 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 02-881 (Modification); and WHEREAS, on August 3, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02-881 (Modification); and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 02-881 (Modification) is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 of the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 02-881 (Modification) according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: Staff finds this request to be consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The applicant is proposing to upgrade an existing 55'-0" tall unmanned monopalm wireless communication tower, which consists of twelve (12) panel antennas, three (3) 2'-0" diameter microwave dish antennas, one (1) Global Positioning Systems (GPS) antenna, and equipment cabinets at the northeast corner of the subject site. The applicant has taken appropriate measures to minimize visual impacts to the surrounding properties by camouflaging the tower as a palm tree and hiding the antennas within the proposed artificial palm fronds. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The site is designated in the General Plan as Commercial. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. On the zoning map, it is designated as C-3 (Medium Commercial), which permits the construction of communication towers with approval of a Conditional Use Permit. Conditions have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. Therefore, the project is not anticipated to be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use is silent in nature and will not endanger or otherwise constitute a menace to the surrounding properties. Furthermore, conditions of approval have been incorporated upon the issuance of this permit requiring the overall maintenance of the site. 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. SECTION 3. The Planning Commission HEREBY APPROVES the modification of Conditional Use Permit 02-881, to upgrade the existing Sprint PCS monopalm by adding three (3) microwave dishes and a new equipment cabinet, located at 7403 Hellman Avenue, 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 August 3, 2009, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ 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 3rd day of August; 2009.°T -Diana Herrera, Chairwoman 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 3`d day of August, 2009 by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE ~et~eZl~s Sheri Bermejo, S cretary EXHIBIT "B" CONDITIONAL USE PERMIT 02-881 (Modification) (APN: 5286-008-030) CONDITIONS OF APPROVAL August 3, 2009 1. Conditional Use Permit 02-881 (Modification) is approved to upgrade the existing Sprint PCS monopalm by adding three (3) microwave dishes and an equipment cabinet to be developed in accordance with the plans marked Exhibit "C", dated July 22, 2009, and photographic simulations. 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 02-881 (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 02-881 (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 02-881 (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 02-881 (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 Conditional Use Permit 02-881 (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 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 departments for review. 9. 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 02-881 (Modification). 10. 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. 11. 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. 12. 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. 13. 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. 14. Safety standards developed by the American National Standards Institute (ANSI) shall be followed through all stages of construction and operation of this facility. 15. 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. 16. All landscape planters shall be 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. 17. 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. 18. 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. Such striping shall be maintained in a clear, visible, and orderly manner. 19. The parking space markers shall be re-painted periodically to City standards to the satisfaction of the Planning Division, including double striping, wheel stops and handicapped parking/markings. 20. At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City for authorizing enforcement. 21. No start-up generators shall be permitted onsite. 22. Vinyl slats shall be placed in the chain link fence to provide better screening from public view. The slats shall be green color and maintained and replaced as needed. 23. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.