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.
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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
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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.
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Passed, approved and adopted this 12 day of April, 2011.
ATTEST:
Secretary,- Planning Commission
APPROVED AS TO FORM:
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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