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HomeMy WebLinkAboutResolution - 3259 STATE OF CALIFORNIA ) RESOLUTION NO. 3259 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA,APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 55 FOOT HIGH BROADLEAF MONO-TREE WITH AN 11X16 FOOT EQUIPMENT SHELTER ON A 900 SQUARE FOOT LEASED AREA LOCATED AT 1209 WEST RAMONA EXPRESSWAY: CUP NO. 12-08. WHEREAS, Los Angeles SMSL representing Verizon Wireless filed an application on September 22, 2008, File No. CUP 12-08, for a conditional use permit to allow the installation of a 55 foot high broadleaf mono-tree and ground equipment ("Application") on approximately 900 square feet of land, APN 436-070-004 ("Subject Site"); WHEREAS, the property affected by the Application is within the General Commercial (C-2) zoning district; WHEREAS,the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on December 11, 2008, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed and approved; and WHEREAS, on January 8, 2009, the City Council considered ratification of the Planning Commission approval, and set the Application for a hearing before the City Council on February 5, 2009; and WHEREAS, on February 5, 2009, the City Council conducted a duly noticed public hearing on the Application and identified several issues in relation to the Application, and continued the hearing to May 7, 2009; and WHEREAS, on May 7, 2009, the City Council continued the public hearing and the Application was comprehensively reviewed and approved; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Council, all written and oral evidence presented to the Council, and the findings set forth in this Resolution, the Council approves Conditional Use Permit No. 12-08 to allow the installation of a 55 foot high stealth broadleaf mono-tree and ground equipment on the Subject Site, subject to the conditions of approval. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Council finds as follows: A. The Subject Site for which the CUP is granted is in accordance with the objectives of the City of San Jacinto Development Code and the purposes of the C-2 General Commercial zoning district because the Council has determined that use of the subject site is similar to and no more objectionable than any other conditional uses allowed within the zoning district. B. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 and Article 23.76 of the Zoning Ordinance. As conditioned, the use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. The proposed location of the wireless telecommunication facility and the conditions under which it will be operated or maintained will not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP. SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the CUP complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is approved by the City Council. PASSED, APPROVED AND ADOPTED, this 7th day of May, 2009. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 'ty of San Jacinto ale Stubblefi Ma or ATTEST: Barry a an, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) CERTIFICATION I, Barry McClellan, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3259 was duly passed and adopted at a regular meeting of the City Council on the 7th day of May, 2009. WITNESS MY HAND AND OFFICIAL SEAL this 11th day of May, 2009. City of San Jacinto Barry M ellan, City Clerk '�r,;,ll(lttttt�s'• '•a