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12-07-2010 - Appeal HearingConditional Use Permit No. 10-10Appl - Item No 14 Attach 14 (2).docP L A N N I N G C O M M I S S I O N R E S O L U T I O N N O. 1 0 – 5 3 8 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 10-10 CONDITIONAL USE PERMIT NO. 10-10 CATEGORICAL EXEMPTION APPLICANT: Mike Blackwell for Clearwire LOCATION: 1030 E. Merced Avenue, Bethel Christian Fellowship Church WHEREAS, there was filed with this Commission, a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a conditional use permit to allow the installation of a 60-foot wireless telecommunications facility designed to resemble a cross on that certain property described as: Assessor's Parcel No. 8490-003-083, as listed in the records of the office of the Los Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of August, 2010, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: The applicant is requesting the approval of a conditional use permit to allow the installation of a 60-foot tall wireless telecommunications facility designed to resemble a cross at 1030 E. Merced Avenue in the “Single-Family Residential” (R-1) Zone. Findings necessary for approval of a conditional use permit: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or community. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith. d. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets. That the granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City. The facility structures and equipment are located, designed, and screened to blend with the existing natural environment or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community. The facility is designed to blend with any existing supporting structures and does not substantially alter the character of the structure or local area. Pursuant to Section 15303 of the California Environmental Quality Act (CEQA), the proposed project is considered to be Categorically Exempt (Class 3, New Construction or Conversion of Small Structures) in that it consists of the installation of a wireless telecommunications facility. NOW THEREFORE, the Planning Commission of the City of West Covina does resolve as follows: 1. On the basis of the evidence presented, both oral and documentary, the Planning Commission makes the following findings: a. The proposed use on the subject property is both necessary and desirable in that the proposed wireless facility will provide additional cellular phone signal service to current and future users in the vicinity, therefore contributing to the general well being of the neighborhood and community. b. The proposed use will not be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the proposed wireless facility and associated equipment cabinets, generator and GPS antenna will not create odors or have noise and circulation impacts. c. The site for the proposed use is 2.57 acres and serves as a religious facility with a day care use (Montessori Academy – West Covina). The proposed wireless facility will be installed on the northeasterly portion of the subject property on a concrete slab within an existing landscape area. The proposed wireless facility is designed as a cross that is located in a 10-foot by 10-foot landscape area within the concrete slab. The subject site is adjacent to East Merced Avenue. The proposed wireless facility is unmanned and will only require periodic maintenance (approximately one trip per month). Maintenance trips to the site will be conducted in a mini-van or similar type vehicle. The proposed use and periodic maintenance trips are not anticipated to increase the amount of traffic or alter existing traffic patterns. The granting of a conditional use permit will not adversely affect the West Covina General Plan in that the proposed wireless facility will provide additional service to current and future users in the vicinity and that the wireless facility has been designed to blend in with the surroundings. The proposed wireless facility is located and designed to blend with the existing surroundings in that it is designed as a cross in front of Christian religious facility. The associated equipment cabinet and GPS antenna will be enclosed by a six-foot tall, block wall to secure the equipment area and surrounded by shrubs to screen the equipment area. The proposed wireless facility is designed to be consistent with the religious use on the property and does not substantially alter the character of the site in that the wireless facility is designed as a cross and will be installed within a landscape planter. 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, this Conditional Use Permit No. 10-10 is approved. 3. That the conditional use permit shall not be effective for any purpose until the owner of the property involved (or his duly authorized representative) has filed at the office of the Planning Director his affidavit stating he is aware of, and accepts, all conditions of this conditional use permit as set forth below. Additionally, no permits shall be issued until the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690. 4. The costs and expenses of any enforcement activities, including, but not limited to attorneys' fees, caused by the applicant's violation of any condition imposed by this approval or any provision of the West Covina Municipal Code shall be paid by the applicant. 5. That the approval of a conditional use permit is subject to the following conditions: Comply with plans reviewed by the Planning Commission on August 24, 2010. Comply with all requirements of the “Single-Family Residential” (R-1) Zone and all other applicable standards of the West Covina Municipal Code. Any proposed change to the approved plans must first be reviewed by the Planning and Public Works Departments and shall require the written authorization of the Planning Director prior to implementation. The top of the proposed monocross shall be a maximum of 60 feet. The antennae and all conduits and equipment shall be installed on the inside of the monocross. The applicant shall work with staff to determine if the equipment enclosure can be redesigned to provide a three-foot landscape area on the west side of the enclosure. No bollards shall be installed on the west side of the enclosure. Graffiti-resistant coatings shall be used on all walls, fences, sign structures, or similar structures to assist in deterring graffiti. That prior to final building permit approval, a detailed landscape and irrigation plan be submitted for all planted areas to be affected by project. Plans shall include type, size and quantity of landscape materials and irrigation equipment. All vegetation areas shall be automatically irrigated and a detailed watering program and water budget shall be provided. All damaged vegetation shall be replaced and the site shall be kept free of diseased or dead plant materials and litter at all times. Clinging vines shall be installed on all elevations of the equipment enclosure to assist in deterring graffiti. The wireless facility shall allow for the co-location of additional wireless carriers, per West Covina Municipal Code standards. The wireless facility shall not be operational until final design of the facility is approved by the Planning Department. The provider and/or property owner shall be required to remove the facility and all associated equipment and restore the property to its original condition within 90 days after the abandonment, expiration, or termination of the conditional use permit. Any graffiti that appears on the property shall be cleaned or removed within 24 hours. The applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this project. Further, the applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees arising out of the action, inaction or negligence of the applicant, its employees, officers, agents, contractors, subcontractors, successors or assigns in planning, engineering, constructing or in any manner carrying out the project or any improvements required for the application. The indemnity shall be contained in a written document approved by the City Attorney. The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code. Prior to the issuance of building permits, obtain approval from the Planning Department for all ground-mounted mechanical equipment not shown on the approved plans and demonstrate that the equipment will not be exposed to view from all sides. The equipment will have signage placed on it to warn others from tampering with the equipment per FCC regulations. All utilities shall be placed underground. All wireless telecommunications facilities shall be installed and maintained in compliance with the following requirements: 1. All antennas shall be permanently and properly grounded for protection against a direct strike of lightning, with an adequate ground wire as specified by the electrical code. 2. All electrical wires (excluding those wires covered in co-axial cables) connected from the electrical cabinets to the antennas or antenna support structure shall be protected in conduit, which shall be undergrounded or fixed to the ground and/or building. 3. All wireless telecommunications facilities shall comply at all times with all FCC regulations rules and standards. All electrical wires or cables connecting the equipment to the monocross shall be underground or fixed to the ground. (WCMC Sec. 26-685.991). Collocation on the monocross shall require the following: The equipment shall be installed in the approved enclosed area. Landscape and maintenance issues may require further improvements. 3. Any future antennas shall be placed within the pole of the monocross. Building Department Requirements 1. Submit complete structural and architectural plans to Building and Safety for review. A soils report is required at the time of submittal. Structural calculations will be required at submittal. Fire Department Requirements Contact Fire Dept. for requirements (626) 338-8800. I, HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 24th day of August, 2010 by the following votes: AYES: Redholtz, Carrico, Holtz, Sotelo NOES: Stewart ABSTAIN: None ABSENT: None DATE: August 24, 2010 EXPIRATION DATE: August 24, 2011 Robert A. Sotelo, Chairman Planning Commission Jeff Anderson, AICP, Secretary Planning Commission