PC - 2002 - 36 - Approving Conditional Use Permit 02-879 for the Installation of a Wireless Telecommunications Faciity, to be Located at 8306 Garvey AvenuePC RESOLUTION 02 -36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
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ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
.APPROVING CONDITIONAL USE PERMIT 02 -879 FOR THE
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INSTALLATION OF .A WIRELESS TELECOMMUNICATIONS FACILITY,
TO BE LOCATED AT 8306 GARVEY AVENUE IN THE C -3D (MEDIUM
COMMERCIAL WITH A.DESIGN OVERLAY) ZONE. (APN: 5293-008-800,'-
801,402,403).
WHEREAS, on May 15, 2002, Cingular Wireless submitted a conditional use permit
application for the installation of an unmanned wireless telecommunications facility located at 8306
East Garvey Avenue in the C -31); Medium Commercial with a Design Overlay Zone; and
WHEREAS, 8306 East Garvey Avenue is located in the C -3131; Medium Commercial with a
Design Overlay Zone; and
WHEREAS, Section 17.112.020 of the Rosemead Municipal Code (RMC) allows
"professional radio, microwave and television transmitters and broadcasting stations" in any zone,
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upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for
granting such a permit.' These criteria require that the proposed use is deemed: ,.
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• , Essential or desirable to the public conveniences or welfare;
• In harmony with the elements or objectives of the General Plan, and;
• Not to be detrimental or injurious to surrounding property; and
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WHEREAS, Sections 65800 & 65900 of the California Government Code and Section
17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve,
conditionally approve or deny conditional use permits;. and
WHEREAS, Sections 17.1 12.010 of the Rosemead Municipal Code specifies the criteria by '
which a conditional use permit may be granted; and
- WHEREAS, on June 20, 2002, eighty -one (8 1) notices were sent to property owners within
a 300 -foot radius from the subject property, in addition to notices posted in 10 public locations,
specifying the availability of the.application, plus the date, time and location of the public hearing for
Conditional Use Permit 02 -879, and ''
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WHEREAS, on July' 1, 2002, the Planning Commission held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Conditional Use, Permit 02 -879; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony,
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presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Rosemead as follows:.
SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use
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Permit 02 -879 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant
to Section 15303 of the California Environmental Quality Act (CEQA).
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" SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permit 02 -879 according to the Criteria of Chapter
17.112.010 of the Rosemead Municipal Code as follows:
A. The conditional use permit applied for is authorized by the provision s of this title and that
the granting of such conditional use permits will not adversely affect the established character of the
surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone
in which the property is located.
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FINDING: As City policy, a new operator must obtain a CUP in order for the installation of
an unmanned wireless telecommunications facility. This site will be operated in accordance with . 0
applicable City regulations, and is in conformity with the development in and around the project site. y
This project will provide a seamless communication infrastructure network that is necessary in today's
cellular usage.-
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B. The establishment, maintenance or conduct of the use for which the conditional use permit
is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort,
convenience or welfare of persons residing or working in the neighborhood.
FINDING: The proposed will be mounted on an existing Southern California Edison tower in
the rear of an existing mini- storage facility! The proposed use will not interfere with the use, .
function, or aesthetics of the existing use.
C. The granting of such conditional use permit will not adversely affect the General Plan of
the City.
FINDING: The proposed use will not endanger or otherwise constitute a menace to the !'
surrounding properties as conditions of approval have been incorporated upon the issuance of this
permit requiring the overall maintenance of the site. '
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02-
879, to allow the installation of an unmanned wireless telecommunications facility, on property
located at 8306 East Garvey Avenue, subject t6 conditions listed in Exhibit "A" attached hereto and
incorporated herein by reference.
SECTION 4 . This resolution is the result of an action taken by the Planning Commission on
July 1, 2002, by the following vote:
YES: ALARCON, ORTIZ, BREEN, LOI, HERRERA
NO: NONE
ABSENT: NONE
ABSTAIN: NONE +'
SECTION 5 . ' The secretary shall certify to the adoption of this resolution and shall transmit
copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 15" day of July 2002.,
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Due Loi Cl airman. `
EXHIBIT A" ,
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Rosemead Planning Commission k
Conditional Use Permit 02 -879
- July 1, 2002 '
Page 4 of 4 .
CONDITIONAL USE PERMIT 02 -879
8306 Garvey Avenue
(Cingular Wireless)
CONDITIONS OF APPROVAL
July 1, 2002
1. Conditional Use Permit 02 -879 is approved for one (1). year from the date of these
conditions. At least thirty (30) days prior to the end of this one (1) year period, the
applicant shall file a written extension request to the Planning Department.
2.. Approval of Conditional Use Permit 02 -879 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead an notarized affidavit stating that he /she is
aware of and accepts all of the conditions set forth in the letter of approval and this list of
conditions, within ten (10) days of approval.
3. The following conditions must be complied with to the satisfaction of the Director of
Planning, prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
4. The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently submitted to the Planning and Building departments for review.
5.
The property. shall be developed in accordance with the plan marked Exhibit "B" except
where otherwise noted. Any modification shall require Planning Department approval.
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The applicant shall comply with all Federal, State and local laws relative to the approved
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use including the requirements of the' Planning, . Building, Fire,. Sheriff and Health . .
Departments.
7.
Construction activities shall be limited to take place between the hours of 7:00 a.m. and
8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or
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any legal holidays.
8.
The site shall be .maintained in a clean, weed and litter free state in accordance with ,
Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the
storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All '
trash containers shall be stored in the appropriate trash enclosure at all times. Any new
litter and graffiti shall be removed within twenty -four (24) hours.'
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9.
All utilities and connection cables shall be underground. The underground conversion of
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these utilities shall consider all future connections to the satisfaction of the Director of
Planning.
10.
That safety standards developed by the American National Standards Institute (ANSI) be
followed through during all stages of construction and operation of this facility.
11.
That the applicant shall adhere to all requirements and regulations of both the Public
,.Utilities
Commission (PUC) and the Federal Communications Commission (FCC) with .
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respect to personal corm unication services:
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12.
Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
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