Loading...
CC - Item 3J - Conditional Use Permit 08-08 Appeal• ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER &AA& + DATE: MARCH 10, 2009 SUBJECT: RESOLUTION 2009-11 CONDITIONAL USE PERMIT 08-08 APPEAL SUMMARY On December 15, 2008, the Planning Commission approved Conditional Use Permit 08- 08, to allow the co-location of an unmanned wireless telecommunications facility on an existing T-Mobile monopine at 2244 Walnut Grove Avenue, in the C-3 (Medium Commercial) zone. • 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. 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. At this meeting, the City Council upheld the language in condition of approval number five (5), as approved and adopted by the Planning Commission on December 15, 2008. Staff Recommendation Staff recommends that the City Council ADOPT Resolution 2009-11. Prepared Sub d Lily Trinh Br S ki Assistant Planner Assistant City Manager Attachment A: Resolution 2009-11 Attachment B: City Council Staff Report, dated February 10, 2009 • ITEM NO. 3 T APPROVED FOR CITY COUNCIL AGENDA: 0 City Council Report March 10, 2009 • Page 2 of 8 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-foot tall 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 mo I the decision o the Manning Uornmwion, and its decision shall be final on applications; City Council Report March 10, 2009 • Page 3 of 8 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. ~ l Pi 8 ~ FINDING. • proposed use is Tne site is designate in conformity with the d in the Gen General Plan, )e - ela all 89 in that the policies of the General Plan encourage complementary uses that will not be in conflict with established City Council Report March 10, 2009 • Page 4 of 8 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 • Page 5 of 8 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 day of February, 2009. John Tran, Mayor Gloria Molleda, City Clerk • 0 City Council Report March 10, 2009 Page 6 of 8 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 0 0 City Council Report March 10, 2009 Paqe 7 of 8 CONDITIONAL USE PERMIT 08-08 (APN: 5281-029-800) CONDITIONS OF APPROVAL December 15, 2008 1. Conditional 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. Approval of Conditional Use Permit 08-08 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 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. 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 agontc officem, and PMpInyeec frnm any rlaim ar•tinn nr . 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 City Council Report March 10, 2009 • Page 8 of 8 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 • ATTACHMENT B 1 ROSEMEAD CITY COUNCIL • STAFF DEPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER Ot, ~ DATE: FEBRUARY 10, 2009 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 08-08 2244 WALNUT GROVE AVENUE SUMMARY On December 15, 2008, the Planning Commission approved Conditional Use Permit 08- 08, to allow the co-location of an unmanned wireless telecommunications facility on an existing T-Mobile monopine at 2244 Walnut Grove Avenue, in the C-3 (Medium Commercial) zone. On January 5, 2009, the City Clerk's office received an appeal letter, included in this report as Attachment A, from Verizon Wireless, requesting to modify condition of approval number 5, which states: 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. Verizon Wireless is requesting that condition of approval number 5 be modified to: 0 addition to, and not in lieu of, the right of the city, its Planning Commission, and City 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 modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances are defined as a change in enzon Wireless use of the Premises. This reservation of right to review is in Council to review and revoke or modify any permit granted or approved under the rrEM No. 4 -P APPROVED FOR CITY COUNCIL AGENDA: 0 City Council Report • February 2, 2009 Page 2 of 2 Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 08-08. Staff Recommendation Staff recommends that the City Council UPHOLD the language in Condition of Approval Number 5 of Conditional Use Permit 08-08, as approved and adopted by the Planning Commission on December 15, 2008. . ANALYSIS The purpose of a Conditional Use Permit is to give the City the discretion to impose special development requirements to ensure that the use will not be detrimental to its surroundings. Staff believes that the language stated in condition of approval number 5 should not be modified. If the applicant's project or scope of work changes from that which was proposed 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. The language proposed by Verizon Wireless limits the definition of changed circumstances to changes in use, which is vague, and which will result in future debates on what constitutes a Verizon Wireless change of use, thereby limiting the City's ability to modify or add conditions, if needed, to address changes in impacts. On December 15, 2008, the City of Rosemead Planning Commission conducted a duly noticed public hearing. At this public hearing, the Commissioners did not receive any comments from the audience. Neither the applicant, nor their representative, was present at the meeting. The Commission unanimously approved Conditional Use Permit 08-08 and adopted Resolution 08-31. The Planning Commission Staff Report, the Planning. Commission Resolution and the Planning Commission Minutes have been included in this report as Attachments B through D respectively. LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. y~ 4,eared b nh Assistant Planner B City Manager • Attachment A: Appeal Letter Attachment B: Planning Commission Staff Report, dated December 15, 2008 Attachment C: Planning Commission Resolution 08-31 Attachment D: Draft Planning Commission minutes, dated December 15, 2008