CC - 2009-11 - Denying Appeal in Relation to Conditional Use Permit 08-08City Council Report
March 10, 2009
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ATTACHMENT A
RESOLUTION 2009-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING
APPEAL AND UPHOLDING THE LANGUAGE IN CONDITION OF
APPROVAL NUMBER FIVE (5) OF CONDITIONAL USE PERMIT 08-08,
AS APPROVED AND ADOPTED BY THE PLANNING COMMISSION ON
DECEMBER 15, 2008, LOCATED AT 2244 WALNUT GROVE AVENUE IN
THE C-3; MEDIUM COMMERCIAL ZONE (APN: 5281-029-800).
WHEREAS, on October 13, 2008, Verizon Wireless filed a Conditional Use Permit
application for the co-location of an unmanned wireless telecommunications facility on an
existing 75-footltall T-Mobile monopine tree, located at 2244 Walnut Grove Avenue; and
WHEREAS, on December 15, 2008, the Rosemead Planning Commission
approved Conditional Use Permit 08-08 and adopted Resolution 08-31, making findings
and determinations with regard to the approvals;
WHEREAS, on January 5, 2009, Verizon Wireless filed an appeal to the City Clerk's
office, requesting to modify condition of approval number five (5) of Conditional Use Permit
08-08;
WHEREAS, this property located at 2244 Walnut Grove Avenue is located in the C-
3; Medium Commercial Zone;
WHEREAS, Section 17.112.020 (15) 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:
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, not be detrimental or injurious to the property and
improvements in the neighborhood or to the general welfare of the City.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.124.070 of the Rosemead Municipal Code authorizes the City Council to
approve, disapprove, or modify the decision of the Planning Commission, and its decision
shall be final on applications;
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March 10, 2009
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WHEREAS, on February 5, 2009, public hearing notices were posted in seven (7)
public locations, specifying the availability of the application, plus the date, time and
location of the public hearing for Conditional Use Permit 08-08 APPEAL;
WHEREAS, on February 10, 2009, the City Council held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 08-08 APPEAL;
WHEREAS, the City Council has sufficiently considered all testimony presented to
them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rosemead as follows:
SECTION 1. The City Council HEREBY DETERMINES that Conditional Use Permit
08-08 is Categorically Exempt from environmental review as a Class 3 Exemption
pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Conditional Use Permit 08-08 according to the Criteria of
Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. 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 adversely affect the
established character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property is located.
FINDING: Staff finds this request is consistent with land uses in the general area
with no foreseeable negative impacts to the adjacent neighborhood. The applicant is
proposing to co-locate an unmanned wireless telecommunications facility on an existing T-
Mobile monopine that will consist of twelve (12) panel antennas and four (4) equipment
cabinets mounted on a concrete pad within a 20'-0" X 27'-0" leasehold area at the base of
the tower. Staff believes that the applicant has taken the appropriate measures to
minimize impacts to the surrounding properties. The proposed wireless facility can take
advantage of the tower's elevation, while not impacting the functuality of the structure.
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 site is designated in the General Plan as Open Space. The
proposed use is in conformity with the General Plan, in that the policies of the General
Plan encourage complementary uses that will not be in conflict with established
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March 10, 2009
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neighborhood districts. On the zoning map, it is designated as C-3 (Medium Commercial),
which permits the construction of communication towers with approval of a Conditional
Use Permit.
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 is silent in nature and 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 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.
SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do
exist to justify in upholding the language in condition of approval number five (5) of
Conditional Use Permit 08-08, as approved and adopted by the Planning Commission on
December 15, 2008 as follows:
A. The purpose of a conditional use permit is to give the City the discretion to
impose special development requirements, which 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, to ensure that the use will not be
detrimental to its surroundings.
FINDING: If the applicant's project or scope of work changes from that which was
approved by to the Planning Commission, the City needs to reserve the right to modify or
add conditions to ensure that future impacts on surrounding uses continue to be mitigated.
SECTION 4. The City Council HEREBY UPHOLDS the language in condition of
approval number five (5) of Conditional Use Permit 08-08, as approved and adopted by the
Planning Commission on December 15, 2008.
SECTION 5. This resolution is the result of an action taken by the City Council on
February 10, 2009, by the following vote:
YES:
CLARK, LOW, NUNEZ, AND TRAN
NO:
NONE
ABSENT:
TAYLOR
ABSTAIN:
NONE
City Council Report
March 10, 2009
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SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant, the appellant and the Rosemead Planning
Division.
PASSED, APPROVED and ADOPTED this 10th
'An
Gloria Molleda, City Clerk
APPROVID AS TO FORM.
of February, 2009.
11--
, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
1, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2009-11 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
DENYING APPEAL AND UPHOLDING THE LANGUAGE IN
CONDITION OF APPROVAL NUMBER FIVE (5) OF CONDITIONAL
USE PERMIT 08-08, AS APPROVING AND ADOPTED BY THE
PLANNING COMMISSION ON DECEMBER 15, 2008, LOCATED AT
2244 WALNUT GROVE AVENUE IN THE C-3; MEDIUM
COMMERCIAL ZONE (APN:5281-029-800).
was duly and regularly approved and adopted by the City Council on 10th of March,
2009, by the following vote to wit:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
`Gloria Molleda
City Clerk
City Council Report
March 10, 2009
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2009-11 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, UPHOLDING THE LANGUAGE IN
CONDITION OF APPROVAL NUMBER FIVE (5) OF CONDITIONAL USE PERMIT 08-08,
AS APPROVED AND ADOPTED BY THE PLANNING COMMISSION ON DECEMBER 15,
2008, LOCATED AT 2244 WALNUT GROVE AVENUE IN THE C-3; MEDIUM
COMMERCIAL ZONE (APN: 5281-029-800).
was approved at a regular meeting of the City Council on the 27th day of December, 2005,
and that thereafter, said Resolution was duly adopted and passed at a regular meeting of
the City Council on the 27th day of December, 2005, by the following vote, to wit:
AYES: COUNCIL MEMBERS: CLARK, LOW, NUNEZ, AND TRAN
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: TAYLOR
Gloria Molleda, City Clerk
City Council Report
March 10, 2009
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CONDITIONAL USE PERMIT 08-08
(APN: 5281-029-800)
CONDITIONS OF APPROVAL
December 15, 2008
1Conditional Use Permit 08-08 is approved for the co-location of an unmanned
wireless telecommunications facility on an existing T-Mobile monopine to be
developed in accordance with the plans marked Exhibit "C", dated December
1, 2008 and photographic simulations. Any revisions to the approved plans
must be resubmitted for review and approval by the City of Rosemead
Planning Division.
2.1a Approval of Conditional Use Permit 08-08 shall not take effect for any purpose
i'i 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.
ii
3.Conditional Use Permit 08-08 is approved for a period of six (6) months from
the Planning Commission approval date. The applicant shall initiate the
proposed use, or request an extension within 30-calendar days before the
expiration of the six (6) month approval period. Otherwise, Conditional Use
Permit 08-03 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. !IIII Conditional Use Permit 08-08 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 Conditional Use Permit 08-08.
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
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March 10, 2009
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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 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 legal 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. Any new litter and graffiti shall be
removed within twenty-four (24) hours.
12. No start-up generators shall be permitted onsite.
13. 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.
14. Safety standards developed by the American National Standards Institute
(ANSI) shall be followed through all stages of construction and operation of
this facility.
15. 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.
16. Violation of the conditions of approval may result in citation and/or the initiation
of revocation proceedings