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PC - 2010-22 - Conditional Use Permit 10-02 for the installation of New Antennas and Equipment for An Existing Wireless Telecommunications Facilty at 9117 Garvey PC RESOLUTION 10-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 10-02, FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 9117 E. GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE. (APN: 8595-016-001). WHEREAS, on March 31, 2010, Clearwire submitted a conditional use permit application to modify an existing 53'-0" tall monopine wireless telecommunications facility to install one new ground-mounted equipment cabinet within a new equipment enclosure area adjacent to an existing equipment enclosure lease area and to add three new 4'-0" tall panel antennas and three new 2'-0" diameter parabolic microwave dishes at a height of 46-0" on the existing monopine, located at 9117 E. Garvey Avenue; and WHEREAS, 9117 E. Garvey Avenue is located in the C-3 (Medium Commercial) 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 July 9, 2010, thirty-eight (38) 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 1 the date, time and location of the special public hearing for Conditional Use Permit 10- 02, and on July 9, 2010 notice was published in the San Gabriel Valley Tribune; and WHEREAS, on July 19, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 10-02; 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 10-02 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 10-02 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 Commercial and developed with a two commercial buildings. The proposed use is in conformity with the General Plan, in that C-3 zoning is a corresponding zone district with the commercial General Plan land use category. 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). 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. The existing wireless telecommunications facility has operated without incident since 2007. 2 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: The co-location 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 a new antenna array with three new panel antennas and three new round "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility. The new equipment will be similar in size and shape to the existing antennas on the monopine. The monopine has been part of the visual landscape for approximately three years and the proposed modifications to the existing monopine will not increase the size of the existing facility, nor will it significantly 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 10-02, to allow the installation of a new antenna array with three new 4'-0" tall panel antennas, three new 2'-0" diameter "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility at 9117 E. 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 July 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 July, 2010. William Alarc n, ~i ' 3 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 July, 2010 by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE Rrvt/ Stan o g, Secretary 4 EXHIBIT "B" CONDITIONAL USE PERMIT 10-02 (APN: 8595-016-001) CONDITIONS OF APPROVAL July 19, 2010 1. Conditional Use Permit 10-02 is approved for the installation of a three (3) 4'-0" tall panel antennas (one per sector), three (3) new 2'-0" diameter microwave "backhaul" dishes (one dish per sector), and one new equipment cabinet, to be developed in accordance with the plans marked Exhibit "C", dated July 2, 2010, 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 10-02 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 10-02 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 10-02 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 5 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. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. 16. The new panel antennas and round "backhaul" dishes shall be painted to match the existing antennas. 17. The applicant shall relocate the existing pine tree at the rear of the property into the new landscape area as depicted on the plans In Exhibit C, dated July 2, 6 2010. The transplantation shall be accomplished within a single day under the supervision of a licensed arborist. 18. 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 10-02. 19. The developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties ten days prior to construction commencement and provide a copy of the notice to the Planning Division. 7