PC - 2010-01 - Approving Conditional Use Permit 96-672 for 9063 Mission DrivePC RESOLUTION 10-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96-672 (MODIFICATION),
FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT
FOR AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY,
LOCATED AT 9063 E. MISSION DRIVE IN THE R-1 (SINGLE FAMILY
RESIDENTIAL) ZONE. (APN: 8592-018-904).
WHEREAS, on October 29, 2009, Sprint Nextel submitted an application to
modify a Conditional Use Permit for the installation of three replacement antennas,
three new round microwave "backhaul" dishes, and one new equipment cabinet at an
existing wireless telecommunications facility, located at 9063 E. Mission Drive; and
WHEREAS, 9063 E. Mission Drive is located in the R-1 (Single Family
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 the following findings required for granting such a permit:
The granting of such conditional use permit will be in harmony with the elements
or objectives of the General Plan.
The establishment, maintenance or conduct of the use for which the conditional
use permit is sought will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of the persons residing or working in the
neighborhood thereof; and
The granting of such conditional use permit will not be detrimental or injurious to
the property and improvements in the neighborhood or the general welfare.
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
findings by which a Conditional Use Permit may be granted; and
WHEREAS, on January 5, 2010, ninety-two (92) 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 special public hearing for Conditional Use Permit 96-
672 (Modification), and on January 8, 2010 notice was published in the San Gabriel
Valley Tribune; and
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WHEREAS, on January 19, 2010, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 96-672 (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 96-672 (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 96-672 (MOD) according
to the findings of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan.
FINDING: The site is designated in the General Plan as Public Facilities and
developed with a public high school. The proposed use is in conformity with the
General Plan in that the Public Facilities land use designation is intended for
educational facilities and utilities. A wireless telecommunication facility is essentially a
private utility that provides a public benefit of telephone and broadband internet service
to residents of the City. The proposed modifications to the existing wireless
telecommunications facility on public school property will improve an important utility
service to the community.
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.
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C. The Conditional Use Permit applied for is authorized by the provisions of this
title and that the granting of such conditional use permit will not be injurious to the
property or improvements in the neighborhood or to the general welfare of the city.
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 install three replacement panel antennas, three new round "backhaul"
dishes, and one new equipment cabinet at an existing wireless telecommunications
facility. The existing rooftop antenna array has been part of the visual landscape for
approximately 14 years and the proposed modifications to the existing rooftop wireless
telecommunications facility will not increase the size of the existing facility, nor will it
alter the visual appearance of the facility from surrounding area. Consequently, the
modified facility will not be detrimental or injurious to the property or improvements in
the area. Additionally, the proposed project will improve the broadband wireless
telecommunication services available in the neighborhood.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 96-672 (Modification), to allow the installation of three replacement antennas,
three new "backhauP" dishes, and one new equipment cabinet at an existing wireless
telecommunications facility at 9063 E. Mission Drive, 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 January 19, 2010, by the following vote:
YES: ALARCON, ENG
NO: None
ABSENT: None
ABSTAIN: None
HERRERA, HUNTER, RUIZ
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 19th day of January, 2010.
Diana Herrera, Chairwomen
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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 19th day of
January, 2010 by the following vote:
YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ
NO: None
ABSENT: None
ABSTAIN: None
(4A I ~k (V -
a on , secretary
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EXHIBIT "B"
CONDITIONAL USE PERMIT 96-672 (Modification)
(APN: 8592-018-904)
CONDITIONS OF APPROVAL
January 19, 2010
1. Conditional Use Permit 96-672 (Modification) is approved for the installation of a
three (3) panel antennas (one per sector), three (3) new microwave "backhaul"
dishes (one dish per sector), and one new equipment cabinet, 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.
2. Approval of Conditional Use Permit 96-672 (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 96-672 (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 Conditional Use Permit 96-672
(Modification) has been unused, abandoned or discontinued for a period of six
(6) months it 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. The Conditional Use Permit 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.
6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead
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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. Prior to the issuance of a Building Permit, 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 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 federal 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 shall conform to Federally-recognized standards through all
stages of construction and operation of the 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 new panel antennas and round "backhaul" dishes shall be painted to match
the existing antennas.
16. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
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