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PC - 2002 - 41 - Approving Conditional Use Permit 02-881, for the Construction of an Unmanned Telecommunications Facility (Palm Tree Cellular Tower), to be Located at 7403 Hellman Avenueo • PC RESOLUTION 02 -41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -881, FOR THE CONSTRUCTION OF AN UNMANNED TELECOMMUNICATIONS FACILITY (PALM TREE CELLULAR TO W ER), TO BE LOCATED AT7403 HELLMAN AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE. (APN: 5286- 008 -030). WHEREAS, on July 15, 2002, Sprint PCS Assets, LLC, submitted a conditional use permit application for the construction of an unmanned telecommunications facility, a palm tree cellular tower, located at 7403 Hellman Avenue in the C -3, Medium Commercial zone; and WHEREAS, 7403 Hellman 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 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 August 8, 2002, thirty -two (32) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 10 public locations, specifying the availability of the application, plus the date, time and locationof the public hearing for Conditional Use Permit 02 -881; and WHEREAS, on August 19, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02- 881; 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 02 -881 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 02 -881 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood thereof, FINDING: As City policy, a new operator must obtain a CUP in order for the construction and installation of an unmanned wireless telecommunications facility. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. This project will provide a seamless communication infrastructure network that is necessary in today's cellular usage. B. 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 property or improvements in the neighborhood. FINDING: The proposed use is located within a commercial area of the City, and is being located on the site of an existing medical office building. 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. 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 will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring staff inspection of the proposed structure prior to installation and the overall maintenance of the site. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Pen 02- 881, to allow the installation of an unmanned wireless telecommunications facility, on property located at 7403 Hellman Avenue, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on August 19, 2002, by the following vote: YES: ALARCON, ORTIZ, BREEN, HERRERA NO: NONE ABSENT: LOI 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 16'" day of September 2002. Due Loi, Chairman CERTIFICATION Q • 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 September 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: Rosemead Planning Commission Conditional Use Permit 02 -881 August 19, 2002 Page 4 of 5 EXHIBIT A CONDITIONAL USE PERMIT 02 -881 7403 Garvey Avenue (Sprint PCS Assets, LLC) CONDITIONS OF APPROVAL August 19, 2002 1. Conditional Use Permit 02 -881 is approved for one (1) year from the date of these conditions. At least thirty (30) days prior to the end of this one (1) year period, the applicant shall file a written extension request to the Planning Department. 2. Approval of Conditional Use Permit 02 -881 is for an unmanned wireless telecommunications facility and shall not take effect for any purpose until the applicant has filed with the City of Rosemead an notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions, within ten (10) days of approval. 3. The following conditions must be complied with to the satisfaction of the Director of Planning, prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 4. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 5. The property shall be developed in accordance with the plan marked Exhibit "B" except where otherwise noted. Any modification shall require Planning Department approval. 6. 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. 7. 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. 8. 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. 9. All utilities and connection cables shall be underground. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 10. That safety standards developed by the American National Standards Institute (ANSI) be followed through during all stages of construction and operation of this facility. 11. That 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. 12. Simulated palm tree bark must be installed on the base of the monopalm pole, subject to review and approval by the Planning Department. The simulated bark must begin at ground level and extend to a height that coincides with the bottom of the simulated palm fronds or 20 feet, whichever is higher: Rosemead Planning Commission Conditional Use Permit 02 -881 August 19, 2002 Page 5 of 5 13. The final design of the monopalm and equipment lease area shall be submitted for review and approval by the Planning Department prior to issuance of building permits. The type, density, and color of the palm fronds and bark material shall be subject to Planning Department review and approval. 14. All antennas, antenna support structures, bracing, dishes, simulated palm branches, the main pole, or other exposed surfaces shall be painted or camouflaged to blend in with the appearance of a real palm tree. 15. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. 16. The proposed monopalm and associated equipment shall be continually maintained and appear in good condition. 17. Any substantiated complaints regarding radio, television, or other wireless interference shall require a change in the wireless telecommunications transmission signal and /or equipment, subject to a public hearing before the Planning Commission. 18. No form of video transmission shall be allowed unless approved by the Planning Commission. 19. Planning staff shall inspect the assembled structure prior to going "on air" to ensure that the palm fronds adequately screen the antenna array. 20. Antenna array shall be painted to match the palm fronds. 21. Fronds shall extend beyond the area of the proposed antenna array. 22. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.