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HomeMy WebLinkAbout1770 I RESOLUTION NO. 1770 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 07-13 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 07-12 FOR A 362 SQUARE FOOT WIRELESS COMMUNICATIONS EQUIPMENT ENCLOSURE AND A FIFTY-FIVE FOOT (55') TALL MONOPOLE ANTENNA STRUCTURE CAMOUFLAGED AS AN ELM TREE AT 123 W. COLORADO BOULEVARD. WHEREAS, on November 21, 2007,. a conditional use permit application was filed by Pete Shubin, representing Royal Street . Communications California, LLC, on behalf of MetroPCS, for a 362 sq.ft. wireless communications equipment enclosure and a fifty-five foot (55') tall monopole antenna structure camouflaged as an elm tree (Development Services Department Case No. ClJP 07-13 and ADR 07-12) at property commonly known as 123 W. Colorado Boulevard; and WHEREAS, a public hearing was held by the Planning Commission on January 22, 2008, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW THEREFORE, THE PLANNING COMMISSION OF THE . CITY OF ARCADIA RESOLVES AS FOLLOWS: i . . SECTION I. 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 ect. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit 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 related zoning requirements as set forth in the Arcadia Municipal Code. 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. 2 1770 , 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 orthe habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 07-13 and Architectural Design . Review No. ADR 07-12, for a 362 sq. ft. wireless communications equipment enclosure and a fifty-five foot (55') tall monopole antenna structure camouflaged as an elm tree at 123 W. Colorado Boulevard, upon the following conditions: 1. The overall height of the mono-elm structure shall be limited to fifty-five feet (55 '). 2. The antennas for this CUP shall be limited to 6 panel antennas and a 2-foot diameter microwave dish that shall be mounted at or below a height of fifty feet (50'), as measured to the top ofthe antennas. . 3 1770 , 3. All the colors, materials and amounts of simulated foliage for the mono-elm shall be subject to the approval of the Public Works Services Director. Per the request of the Public Works Services Department, a section of the existing six-foot (6') high chain-link fence shall be replaced, and the existing twelve-foot (12') tall Eucalyptus tree to the south of the proposed enclosure shall be replaced with a 36"-box Australian Willow tree. 4. Shrubs shall be planted along the south and east elevations of the equipment enclosure to enhance its appearance, subject to the approval of the Development Services Director and the Public Works Services Director. . 5. Any expansion of the proposed installation including additional antenna panels on the subject mono-elm would require a separate Conditional Use Permit. 6. 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. 7. The proposed wireless communications facility including its colors and materials shall be maintained in a manner that is consistent with . 4 1770 , the plans and materials submitted and approved for CUP 07-13 and ADR 07 -12. 8. Noncompliance with the plans, provIsIOns and conditions of approval for CUP 07-13 and ADR 07-12 shall be grounds for immediate suspension or revocation of any approvals. 9. Approval of CUP 07-13 and ADR 07-12 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance ofthese conditions of approval. . 10.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 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, or City Staff, which action is brought within the time period provided for in Government 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, 5 1770 , . . 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. II.The proposed screen wall shall be limited to a maximum height of 8'-0" as measured from the adjacent grade. All portions of the proposed enclosure cover shall be mounted below the top of this wall. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 12th day of February, 2008 W B~ Chairman, Planning Commission ATTEST: ~)~~~ ----- Secretary, Planning Commission APPROVED AS TO FORM: ~r~ Stephen P. Deitsch, City Attorney 6 1770 , . . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I, JASON KRUCKEBERG, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1770 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to. by the Secretary at a regular meeting of said Planning Commission held on the 12th day of February,2008 and that said Resolution was adopted by the following vote, to wit: AYES: Planning Commissioners Beranek, Hsu and Parrille ABSTAIN: Planning Commissioner Baerg ABSENT: Planning Commissioner Baderian ~/ seCreuiiY of the PI~ Commission e MEMORANDUM Development Services Department January 8, 2008 To: Arcadia Planning Commission From: Jason Kruckeberg, Development Services DirectoQ1L B~m Kasama, Acting Senior Planner Subject: Resolution No. 1769 - CUP 07-12 and ADR 07-21 for a new church/meeting hall at 630 E. Live Oak Avenue . Attached is Planning Commission Resolution No. 1769 for Conditional Use Permit No. CUP 07-12 and Architectural Design Review No. ADR 07-21 for a new church/meeting hall at 630 E. Live Oak Avenue. Wording has been added to the conditions of approval to address concerns raised by the Planning Commission at the December 11, 2007 meeting. These additions to the conditions of approval are highlighted on the copies of the Resolution in the Commissioner's agenda packets. If there are any questions prior to the January 8, 2008 meeting, please contact Jim Kasama at (626) 574-5423. Thank you. AttaChment .