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PC - 2002 - 20 - Approving Conditional Use Permit 02-864 for the Installation of a 400 foot Underground Water Line and a 100000 Gallon Backwash Water Tankr. t • PC RESOLUTION 02 -20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 02 -864 FOR THE INSTALLATION OF A 400 -FOOT UNDERGROUND WATER LINE AND A 100,000 GALLON BACKWASH WATER TANK WITHIN AN EXISTING PUBLIC UTILITY FACILITY WITHIN THE R -1; SINGLE FAMILY RESIDENTIAL ZONE, TO BE LOCATED AT 2450 CHARLOTTE AVENUE (APN: 5283-017-270,-271). WHEREAS, City of Monterey Park has filed an application the installation of a 400 -foot underground water line and 100,000 gallon backwash water tank within an existing public utility facility within the R -1; Single Family Residential Zone, for property located at 2450 Charlotte Avenue, on February 14, 2002; and WHEREAS, 2450 Charlotte Avenue is located in the R -1; Single Family Residential Zone; and WHEREAS, Section 17.112.020(14) of the Rosemead Municipal Code (RMC) allows "Public utility or public service building, electrical distribution substations, and related structures and uses [in any zone]" upon the granting of a conditional use permit (CUP); and 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 17.108.020 of the Rosemead Municipal Code authorize the Planning Commission to conditionally approve or deny conditional use permit applications; and WHEREAS, on March 20, 2002, notices were posted in 10 public locations and notices were sent to forty -nine (49) property owners within a 300 -foot radius from the subject property specifying the availability of the application packet, plus the date, time and location of the public hearing for Conditional Use Permit 02 -864; and WHEREAS, on April 1, 2002, the Planning Commission held a duly noticed and advertised public hearings to receive oral and written testimony relative to Conditional Use Permit 02 -864; 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 because the applicant has conducted an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment and has concluded that the proposed project would have no such effect on the environment. On March 20, 2002, the City of Monterey Park approved by a unanimous vote a Negative Declaration for this proposed project. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts and prerequisite conditions do exist to justify approving Conditional Use Permit 02 -864 in accordance with Section 17.112.020(14) of the Rosemead Municipal Code as follows: A. The conditional use permit applied for is authorized by the provision of this title and that the granting of such conditional use permits will not adversely affect the established character of the 0 E surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: As City policy, a new operator must obtain a CUP in order for the installation of a public utility service device. Conditions have been adopted that ensure that this project will not create problems to the surrounding properties. The proposed development will be within an existing public utility facility that accommodates like structures as those proposed. The scheduled operation of the proposed backwash water tank will be limited to three times annually. 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 applicant has taken steps to mitigate any potential problems that may occur during the construction and operation of this proposed project. In addition, the applicant has met with the neighboring residents to resolve their concerns related to the current operation of the water well facility. C. Granting of this conditional use permit will not adversely affect the comprehensive general plan; 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: installation of gravel along the driveway [100 feet from the entrance] and the replacement of the fence doors. SECTION 3 . The Planning Commission HEREBY APPROVES a Conditional Use Permit 02 -864 for the installation of a 400 -foot underground water line and 100,000 gallon backwash water tank within an existing public utility facility within the R -1; Single Family Residential Zone, located at 2450 Charlotte 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 April 1, 2002, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOI, HERRERA 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 15" day of April 2002. William Alarcon, Chairman V 0 0 CERTIFICATION I, William Crowe, Secretary of the Rosemead Planning Commission, 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 15th day of April 2002, by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary • *osemead Planning Commission Conditional Use Permit 02 -864 April 1, 1002 Page 5 of 5 EXHIBIT A CONDITIONAL USE PERMIT 02 -864 2450 North Charlotte Avenue (City of Monterey Park Water Well No. 6) CONDITIONS OF APPROVAL April 1, 2002 1. Conditional Use Permit 02 -864 is approved for the installation of a 400 -foot water line and a 100,000 - gallon back wash water tank a water public utility facility. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 02 -864 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. 3. Conditional Use Permit 02 -864 is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 02 -864 shall become null and void. 4. 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. 5. The hours of construction shall be limited from 7 a.m. to 5 p.m., Monday through Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 6. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 7. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 307 -0463 for assistance. 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. 9. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 10. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. 11. The site plan shall not be altered without prior approval from the Planning Commission. The layout shall adhere to Exhibit `B ", dated March 11, 2002. 12. The noise level of this proposed development shall comply with the noise control elvels in Chapter 8.36 of the Rosemead Municipal Code. 13. Replacement of existing gateway at driveway approach. 14. Installation of gravel onto 100 feet of the driveway approach, beginning from the entrance gate north. 15. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.