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PC - 2009-18 - Conditional Use Permit 05-1015 - Upgrade to Existing Nextel Monopalm - 7421 Garvey AvePC RESOLUTION 09-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 05-1015 (MODIFICATION), TO UPGRADE THE EXISTING NEXTEL MONOPALM BY ADDING THREE (3) MICROWAVE DISHES, LOCATED AT 7421 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5286-020-026). WHEREAS, on September 1, 2009, Sprint Nextel submitted an application to modify Conditional Use Permit 05-1015 to upgrade the existing Nextel monopalm by adding three microwave dishes, located at 7421 Garvey Avenue; and WHEREAS, 7421 Garvey 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 September 10, 2009, twenty-seven (27) 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 05-1015 (Modification); and WHEREAS, on September 21, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 05-1015 (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 05-1015 (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 05-1015 (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 50'-0" tall unmanned monopalm wireless communication tower, which consists of fifteen (15) panel antennas, two (2) Global Positioning Systems (GPS) antennas, and an equipment shelter. 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 Mixed Use: Residential/Commercial (31-45 du/acre). 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 05-1015, to upgrade the existing Nextel monopalm by adding three (3) microwave dishes, located at 7421 Garvey 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 September 21, 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 21" day of September, 2009. 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 21St day of September, 2009 by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE e~C'>f~u~. F~~~ cyn_Pa C1 Sheri Bermejo, Sec airy EXHIBIT "B" CONDITIONAL USE PERMIT 05-1015 (Modification) (APN: 5286-020-026) CONDITIONS OF APPROVAL September 21, 2009 1. Conditional Use Permit 05-1015 (Modification) shall be in compliance and remain in compliance with all Conditions of Approval for Conditional Use Permit 05-1015, in addition to the Conditions of Approval for CUP 05-1015 (Modification). 2. Conditional Use Permit 05-1015 (Modification) is approved to upgrade the existing Nextel monopalm by adding three (3) microwave dishes to be developed in accordance with the plans marked Exhibit "C", dated September 1, 2009, and photographic simulations. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 3. Approval of Conditional Use Permit 05-1015 (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. 4. Conditional Use Permit 05-1015 (Modification) is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30-calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Conditional Use Permit 05-1015 (Modification) has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 6. Conditional Use Permit 05-1015 (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 05-1015 (Modification). 7. 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. 8. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 9. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 10. 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 05-1015 (Modification). 11. All antennas and microwave dishes shall be re-painted green with a matte finish. 12. Additional palm fronds shall be added to the monopalm to screen the microwave dishes to the reasonable satisfaction of the Planning Division, taking into consideration structural limitations. 13. Prior to the issuance of building permits, all non-operable vehicles, stored vehicles, trailers or non-rental related material shall be removed from the site.