PC - 2002 - 18 - Approving Conditional Use Permit 02-860, for the Installation of an Unmanned Wireless Telecommunications Facility, Located at 4213 Rosemead Blvd0 0
PC RESOLUTION 02 -18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -860, FOR THE
INSTALLATION OF AN UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY, LOCATED AT 4213 ROSEMEAD
BOULEVARD IN THE C -1; NEIGHBORHOOD COMMERCIAL ZONE.
(APN: 5391 -011 -053).
WHEREAS, on January 31, 2002, Cingular Wireless submitted a conditional use permit
application for the installation of an unmanned wireless telecommunications facility located at 4213
Rosemead Boulevard in the C -1, Neighborhood Commercial zone; and
WHEREAS, 4213 Rosemead Boulevard is located in the C -1; Neighborhood Commercial
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,
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:
• 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
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 17.112.010 of the Rosemead Municipal Code specifies the criteria by
which a conditional use permit may be granted; and
WHEREAS, on March 7, 2002, forty -one (41) 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 -860; and
WHEREAS, on March 18, 2002, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use Permit
02 -860; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony
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
Permit 02 -860 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant
to Section 15303 of the California Environmental Quality Act (CEQA).
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permit 02 -860 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.
0 0
FINDING: As City policy, anew operator must obtain a CUP in order for the installation of
an unmanned wireless telecommunications facility. This site will be operated in accordance with
applicable City regulations, and is in conformity with the development in and around the project site.
This project will provide a seamless communication infrastructure network that is necessary in
today's cellular usage.
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 use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. The proposed use is in conformity with the
General Plan, in that the policies of the General Plan encourage complementary uses that will
contribute to the economic well being of the commercial areas of the City.
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: immediate improvements to parking stall striping, small ancillary equipment on
rooftop of existing structures, and the overall maintenance of the site.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit
02 -860, to allow the installation of an unmanned wireless telecommunications facility, on property
located at 4213 Rosemead Boulevard, subject to 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
March 18, 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 1 St day of April 2002.
William Alarcon, Chairman
CERTIFICATION
1 hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission
of the City of Rosemead at its regular meeting, held on the 1 st day of April 2002 by the following
vote:
YES:
NO:
ABSENT:
ABSTAIN:
William Crowe, Secretary
Rosemead Planning Commission
Conditional Use Permil 02 -860
11 arch 18, 2002
'Page 4 of
EXHIBIT A
CONDITIONAL USE PERMIT 02 -860
4213 Rosemead Boulevard
(Cingular Wireless)
CONDITIONS OF APPROVAL
March 18, 2002
1. Conditional Use Permit 02 -860 is approved for one (1) year fiom 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 -860 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.
6. The applicant shall comply with all Federal, State and local laws relative to the approved
use including the requirements of the Plarilung' 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
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 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.
9. All utilities and connection cables shall be underground. The underground conversion of
these utilities shall consider all fixture connections to the satisfaction of the Director of
Planning.
10. The proposed fiberglass enclosure shall be painted to match the color of the existing
building.
11. That safety standards developed by the American National Standards Institute (ANSI) be
followed through during all stages of construction and operation of this facility.
12. That the applicant shall adhere to all requirements and regulations of both the Public
Utilities Commission (PUC) and the Federal Communications Commission (FCC) with
respect to personal communication services.
13. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
I4. The building shall be re- painted with a color approved by the Planning Department.
Rosemead Plamrirag Co7iInli SSioii
Conditional Use Permit 02 -860
March l8, 2002
Page 5 of
15.'rhe trash enclosure door shall be replaced.
16. The parking lot shall be re- striped.
17. The pole of the existing free- standing sign shall , re- painted. .
18. All unpermitted signage hall, be removed:
19. The wood screen shall be removed from. the; window ,of the south elevation and
replaced with tint.
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