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HomeMy WebLinkAbout1705 (2) e e ~ RESOLUTION NO. 1705 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 200~003 AND ARCHITECTURAL DESIGN REVIEW NO. 2003-044 FOR A 506 SQ.FT. WIRELESS COMMUNICATIONS EQUIPMENT ENCLOSURE AND A FIFTY-FOOT (50') TALL MONOPOLE ANTENNA STRUCTURE CAMOUFLAGED AS A PALM TREE (MONOPALM) AT 20.E. FOOTHILL BOULEVARD. WHEREAS, on March 18, 2004, a conditional use permit application was filed by SBA Network Services, Inc. for a 506 sq.ft. wireless communications equipment enclosure and a fifty-foot (50') tall monopole antenna structure camouflaged as a palm tree (monopalm) (Development Services Department Case No. CUP 2004-003 and ADR 2003-044) at property commonly known as 20 E. Foothill Boulevard; and WHEREAS, a public hearing was held on April 27, 2004, at which time all interested persons were given full opportunity to be h~ and to present evidence. NOW THEREFORE, THE PLANNING COMMISSION OF THE CTIY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: I. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed proj ecl. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use.Pennit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all relat~d zoning requirements as set forth in the Arcadia Municipal Code. e -- - 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends, SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 2004~003 and Architectura1 Design Review No. ADR 2003-044, for aS06 sq.ft. wireless communications equipment enclosure and a fifty-foot (50') tall monopole antenna structure camouflaged as a palm tree (monopalm) at 20 E. Foothill Boulevard, upon the following conditions: 1. Two (2) forty-foot (40') tall live palm trees shall be planted by the monopalm. 2. The concrete masonry wall and landscaping around the facility shall match the existing trash enclosure and landscaping adjacent to the site. 3. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services, Public Works Services, Development Services, and the Fire Department. 4. The proposed wireless communications facility including its colors and materials shall be maintained in a manner that is consistent with the plans and materials submitted and approved for CUP 2004-003 and ADR 2003-044. 5. Noncompliance withthe plans,provisions and conditions of approval for CUP 2004-003 shall be grounds for immediate suspension or revocation of any approvals. 6. Approval of CUP 2004-003 and ADR 2003-044 shall not take effect until the property owner(s), and applicants have e"ecuted and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding 2 1705 e - - against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, orCity Staff, which action is brought within the time period provided for in Govemment Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to repreSent the City, its officers, employeeS, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of April 27, 2004, by the followmg vote: AYES: NOES: SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 27th day of April, 2004, by the following votes: AYES: NOES: ChaiI1l1an, Planning Commission City of Arcadia ATTEST: Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 3 1705