WHEREAS, after proper notice and public hearing, the Planning Commission recommended City Council approval of Conditional Use Permit 10-04; and

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1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 10-04, A REQUEST TO CONSTRUCT AND OPERATE A ROOFTOP WIRELESS TELECOMMUNICATION FACILITY ON AN INDUSTRIAL OFFICE BUILDING LOCATED AT 3275 GRANT STREET IN THE LI, LIGHT INDUSTRIAL, ZONING DISTRICT WHEREAS, the applicant, Clearwire, submitted an application for approval to construct and operate a rooftop wireless telecommunications facility on top of an industrial office building at 3275 Grant Street; and WHEREAS, the industrial office building at 3275 Grant Street already houses an existing rooftop wireless telecommunications facility operated by a different network provider that is screened by a 6-8 screen wall; and WHEREAS, said land generally runs along Grant Street west of Redondo Avenue, in the City of Signal Hill and is legally described as Lot 5, of Palm Vista, in the City of Signal Hill, County of Los Angeles, State of California, as per map recorded in Book 6, Page 191 of Maps in the office of the county recorder of said county; and WHEREAS, pursuant to Signal Hill Municipal Code Section , entitled, Use classifications, and Signal Hill Municipal Code Chapter 20.64, entitled, Uses Subject to Conditional Use Permits, the subject project is properly a matter for Planning Commission review and recommendation to the City Council for City Council approval; and 1

2 WHEREAS, notice of a public hearing regarding the project was mailed to all property owners within three hundred (300) feet of the subject property, was published in the Signal Tribune newspaper, and was posted in accordance with S.H.M.C. Section on May 28, 2010; and WHEREAS, a public hearing was held before the Planning Commission on June 8, 2010, and all interested parties were given an opportunity to be heard regarding the project; and WHEREAS, after proper notice and public hearing, the Planning Commission recommended City Council approval of Conditional Use Permit 10-04; and WHEREAS, at the public hearing on July 6, 2010, the City Council adopted Negative Declaration 05/28/10(1) relative to Conditional Use Permit in satisfaction of the requirements of the California Environmental Quality Act; and WHEREAS, a public hearing was held before the City Council on July 6, 2010, and all interested parties were given an opportunity to be heard regarding the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Signal Hill, California, does hereby find as follows: 1. That the proposed project, subject to the attached conditions, is in conformance with the zoning ordinance, other ordinances and regulations of the City, and the following policies of the General Plan Land Use Element: Land Use Element Policy 1.7 The distribution and intensity of land shall be consistent with the land use plan and classifications contained in this chapter. 2

3 Finding related to Policy 1.7: Operation of a wireless telecommunications facility is consistent with the General Plan Land Use Designation of 4.1, Light Industrial, in that the proposed use is listed as permitted subject to approval of a Conditional Use Permit within the Light Industrial zoning district. Land Use Element Policy 3.11 Maintain and improve where necessary the City s infrastructure. Finding related to Policy 3.11: Installation of the telecommunications facility at the subject site will improve service for wireless customers in and around Signal Hill and parts of Long Beach. 2. The site for the proposed use related to the streets and highways element of the general plan is adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed use in that: The proposed facility will be unmanned requiring approximately one maintenance visit every month and will not have any significant impact to adjacent streets. 3. That operation of wireless telecommunications facility at the location will have no adverse effect on abutting property or permitted use thereof in that the equipment will be housed at roof-level and screened with an existing 6-8 high screen wall that extends from the building parapet and matches the split-face concrete block texture of the building. 4. That the conditions attached as Attachment A are deemed necessary 3

4 to protect the public health, safety, and general welfare as described herein. BE IT FURTHER RESOLVED, that the City Council of the City of Signal Hill, California, does hereby approve Conditional Use Permit 10-04, subject to the attached Conditions of Approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Signal Hill, California, held on the 6 th day of July ATTEST: EDWARD H. J. WILSON MAYOR KATHLEEN L. PACHECO CITY CLERK 4

5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF SIGNAL HILL ) I, KATHLEEN L. PACHECO, City Clerk of the City of Signal Hill, California, do hereby certify that Resolution No. was adopted by the City Council of the City of Signal Hill, California, at a regular meeting held on the 6 th day of July 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN L. PACHECO CITY CLERK 5

6 ATTACHMENT A Project Address: 3275 E. Grant Street CONDITIONAL USE PERMIT Conditions of Approval Type of Business: Wireless Telecommunications Facility Applicant: Clearwire 1. The owner shall defend, indemnify and hold harmless, the City of Signal Hill, its agents, officers and employees from any claim, action or proceeding against the City of Signal Hill or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Signal Hill, its legislative body, advisory agencies, or administrative officers concerning subject approval. The City of Signal Hill will promptly notify the applicant of any such claim, action or proceeding against the City of Signal Hill and the applicant, or owner, will either undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the City Attorney. If the City of Signal Hill fails to promptly notify the applicant of any such claim, action or proceeding, or fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City of Signal Hill. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Approval shall be null and void if the structures associated with the subject Conditional Use Permit are not constructed within one year from the date of City Council approval unless a request for extension is requested and granted by the Director of Community Development. 3. The Community Development Department shall inspect the subject premises and report to the City Council on an annual basis. 4. No advertising material or signs shall be painted, installed, erected or displayed related to this use without first obtaining City approval. 6

7 5. Screen wall shall be maintained in place and in good condition and appearance. Color shall be kept consistent with building over time and seams aligned between panels properly. Damaged or missing panels shall be replaced immediately and shall match existing. 6. No mobile emergency generator shall be stored on the property. A mobile generator may be installed for temporary use in emergency situations only. 7. The applicant shall be furnished with this list of conditions and shall sign an acknowledgment that they are aware of the fact that should they default on the above conditions, the default shall constitute a violation of the permit and shall be cause for its revocation. 8. Approval of this Conditional Use Permit shall be null and void and all structures and equipment related to this use shall be removed should operation cease, discontinue or be abandoned for a period of six months or longer. Upon determination that the facility is not operational, the Director of Community Development shall provide notice to remove the facility. The Applicant shall within six months from receipt of the notice remove the equipment and all other appurtenant facilities from the subject property. Applicant Date 7