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HomeMy WebLinkAbout1834RESOLUTION NO. 1834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -01 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 11- 01 FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY AT CAMINO GROVE PARK — 1410 S. SIXTH AVENUE. WHEREAS, on January 25, 2011, an application was filed by Shannon Vitale of Core Development Services for Verizon Wireless for an unmanned wireless communications facility at Camino Grove Park — 1410 S. Sixth Avenue, Development Services Department Case No. CUP 11 -01 and Architectural Design Review No. ADR 11 -01; and WHEREAS, a public hearing was held by the Planning Commission on March 22, 2011, 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: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 22, 2011 are true and correct. SECTION 2. This Commission finds: 1. 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. The proposed use is consistent with the existing zoning and General Plan Land Use Designation of the subject property and will not conflict with the existing uses at the subject site. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Arcadia Municipal Code Section No. 9275.1.11 authorizes a wireless communication facility with an approved Conditional Use Permit in any zone. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The subject site is located in an underutilized area of the park, and will be adequate in size and shape to accommodate the antennas. 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. The subject site is bordered by an arterial designed to accommodate high volumes of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A wireless communications facility is a use that is consistent with the Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -01 and Architectural Design Review No. ADR 11- 01 for an unmanned wireless communications facility at Camino Grove Park — 1410 S. Sixth Avenue, subject to the following conditions: 1. The antennas for this CUP shall be limited to twelve (12) panel antennas and a four -foot (4' -0 ") diameter microwave dish antenna, the panels shall be mounted at or below a height of 52' -2 ", as measured to the top of the antennas, and the dish shall be mounted at or below a height of 47' -0 ", as measured to the top of the dish. 2. The height of the enclosure shall be increased to eight feet (8' -0 ") to fully enclose the equipment. -2- 1834 3. The applicant shall install a chain Zink cover, or a similar solution to keep balls from entering the enclosure, subject to the approval of the Community Development Administrator. 4. The equipment enclosure shall be completely enclosed on all sides without gaps between the roof and the perimeter wall. 5. All City code requirements regarding construction permitting, noise, accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official, Public Works Services Director, Development Services Director, and the Fire Marshal. 6. 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 11 -01 and ADR 11 -01. The colors, materials and amounts of simulated foliage for the monopine shall be subject to the approval of the Public Works Services Director. All antenna panels and the microwave dish shall be finished to match the monopine, which may include, but is not limited to, sleeves over the antenna panels to blend with the simulated foliage, and shall be subject to the approval of the Public Works Services Director. 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 against the City of Arcadia, if 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 -3- 1834 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, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. Applicant must select an attorney, acceptable to the City, who will defend such proceeding. Such approval will not be unreasonably withheld. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -01 and ADR 11 -01 shall be grounds for immediate suspension or revocation of any approvals, subject to public notice and hearing. 9. Approval of CUP 11 -01 and ADR 11 -01 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 of these conditions of approval. 10.A lease agreement in a form and substance approved by the City Attorney shall be executed with the City prior to the issuance of permits. 11. The owner or operator of the facility shall allow another carrier to co- locate its facilities and equipment thereon, upon reasonable terms and conditions mutually agreeable between the parties. SECTION 4. The Secretary shall certify to the adoption of this Resolution. -4- 1834 Passed, approved and adopted this 12 day of April, 2011. ATTEST: Secretary,- Planning Commission APPROVED AS TO FORM: ctiviztvik" Stephen P. Deitsch, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1834 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 April, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, and Parrille NOES: None ABSTAIN: Commissioner Chiao ary of the Planning Commission