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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
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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:
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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.
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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.
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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
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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.
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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,
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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:
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Secretary, Planning Commission
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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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
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seCreuiiY of the PI~ Commission
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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
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