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PC - 2010-02 - Approving Conditional Use Permit 01-827 for 8500 Artson StreetPC RESOLUTION 10-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 01-827 (MODIFICATION), FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 8500 ARTSON STREET IN THE A-1 (LIGHT AGRICULTURAL) ZONE (APN: 5288-01-5029). WHEREAS, on October 15, 2009, Sprint Nextel submitted an application to modify a Conditional Use Permit for the installation of three (3) replacement antennas, three (3) new microwave "backhaul" dishes, one (1) new GPS antenna, and one (1) new equipment cabinet at an existing wireless telecommunications facility, located at 8500 Artson Street; and WHEREAS, 8500 Artson Street is located in the A-1 (Light Agricultural) 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 criteria by which a Conditional Use Permit may be granted; and WHEREAS, on January 5, 2010, forty-four (44) 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 special public hearing for Conditional Use Permit 01- 827 (Modification), and on January 8, 2010, the notice was published in the San Gabriel Valley Tribune; and 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 01-827 (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 01-827 (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 01-827 (Modification) according to the Criteria 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 Southern California Edison transmission towers. The proposed use is in conformity with the General Plan in that the Public Facilities land use designation applies to land uses that area operated and maintained for public benefit, such as utilities and private utility easements. The additional equipment will provide new 'AG" high speed internet access which will benefit Rosemead residents and commuters who travel along and around the surrounding roadways. 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 Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not be injurious to the property or improvements in the neighborhood or to the general welfare of the city. FINDING: The modification to an existing wireless telecommunication tower will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. The applicant is proposing to install three (3) replacement panel antennas, three (3) microwave "backhaul" dishes, one new (1) GPS antenna, and one new equipment cabinet at an existing wireless telecommunications facility. The wireless telecommunication facility is located within the Southern California Edison Right of Way and will not impact any of the existing uses. In addition, the wireless telecommunication facility has operated without incident since 2001. The modifications to the existing wireless telecommunications facility will not increase the size of the existing facility, nor will it alter the existing visual environment of the surrounding area. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 01-827 (Modification), to allow the installation of three (3) replacement antennas, three (3) new microwave "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility at 8500 Artson Street, 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, 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 19th day of January, 2010. Diana Herrera, Chairwomen 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 1g`h day of January, 2010 by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE Stan W , Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 01-827 (MOD) (APN: 5288-01-5029) CONDITIONS OF APPROVAL January 19, 2010 1. Conditional Use Permit 01-827 (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), one (1) new GPS antenna, and one new equipment cabinet, to be developed in accordance with the plans marked Exhibit "C", dated December 9, 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 01-827 (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 01-827 (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 01-827 (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 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 prior to the issuance of building permits. 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 microwave "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.