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PC - 2009-22 - Conditional use permit 09-09 for installation of an unmanned wireless monopine tree at 8366 Grand AvePC RESOLUTION 09-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 09-09 FOR THE INSTALLATION OF AN UNMANNED WIRELESS 60'-0" TALL MONOPINE TREE, LOCATED IN THE SAN GABRIEL COUNTY WATER DISTRICT YARD AT 8366 GRAND AVENUE IN THE R-1 (SINGLE- FAMILY RESIDENTIAL) ZONE (APN: 5389-001-901 and 5389-001-902). WHEREAS, on October 29, 2009, Royal Street Communications California, LLC submitted a Conditional Use Permit application for the installation of an unmanned wireless 60'-0" tall monopine tree, located at 8366 Grand Avenue; and WHEREAS, 8366 Grand Avenue is located in the R-1 Residential Zone; and WHEREAS, Section 17.112.020 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: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding property; 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 November 5, 2009, fifty-five (55) 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 09-09; and WHEREAS, on November 16, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 09-09; 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 09-09 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 09-09 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: This request is consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The applicant is proposing to install an unmanned wireless 60'-0" tall monopine tree which will consist of six (6) panel antennas, one (1) parabolic dish antenna, one (1) Global Positioning Systems (GPS) antenna, and four (4) radio equipment cabinets. The applicant has taken appropriate measures to minimize visual impacts to the surrounding properties by camouflaging the tower as a pine tree and screening the antennas with faux branches. Furthermore, conditions of approval have been added which will require the planting of three (3) additional 36" box pine trees to improve the aesthetics of the facility. 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 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. C. The granting of such conditional use permit will not adversely affect the General Plan of the City. FINDING: The site is designated in the General Plan as Public Facilities. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will not be in conflict with established neighborhood districts. On the zoning map, it is designated as R-1 (Single-Family Residential), which permits the construction of communication towers with approval of a Conditional Use Permit. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 09-09, to allow the installation of an unmanned wireless 60'-0" tall monopine tree at 8366 Grand 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 November 16, 2009, by the following vote: YES: ALARCON, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: ENG 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 16th day of November, 2009. Diana Hererra, 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 16th day of November, 2009 by the following vote: YES: ALARCON, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: ENG , Sheri Bermejo, Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 09-09 (APN:5389-001-901 & 5389-001-902) CONDITIONS OF APPROVAL November 16, 2009 1. The following conditions of approval must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate req uest. 2. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Conditional Use Permit 09-09 is approved for the installation of an unmanned wireless 60'-0" tall monopine tree, to be developed in accordance with the plans marked Exhibit "C", dated October 29, 2009 and photographic simulations. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 4. Approval of Conditional Use Permit 09-09 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. 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 09-09 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 Planned Development Review has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 7. Conditional Use Permit 09-09 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 09-09. 8. 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 aside, 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. 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 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. 12. 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. 13. Safety standards developed by the American National Standards Institute (ANSI) shall be followed through all stages of construction and operation of this facility. 14. 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. 15. The leasehold space shall be surrounded by a new 7'-0" tall decorative earth toned colored split faced block wall with a 4'-0" wide decorative screened wrought iron access gate. Vine pockets will also be installed around the walls to soften the appearance of walls. 16. A minimum of three (3) new 36-inch box pine trees shall be planted within twenty (20) feet of the monopine. 17. All antennas and support structures shall be painted to match the faux pine tree trunk and tree branches. All painted equipment shall have a matte finish. 18. 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. 19. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.