PC - 2002 - 12 - Approving Conditional Use Permit 02-858, Application for the Installation of an Unmanned Wireless Telecommunications Facility, Located at 7421 Garvey AvePC RESOLUTION 02 -12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -858,
APPLICATION FOR THE INSTALLATION OF AN UNMANNED
WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 7421
GARVEY AVENUE IN THE C -3; MEDIUM COMMERCIAL ZONE.
(APN: 8594- 023 =039).
WHEREAS, on January 9, 2002, Cingular Wireless submitted a conditional use permit
application for the installation of all unmanned wireless telecommunications facility located at 7421
Garvey Avenue in the C -3, Medium Commercial zone; and
WHEREAS, 7421 Garvey Avenue is located in the C -3; Medium 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 properly; 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 pemrit may be granted; and
WHEREAS, on January 24, 2002, 32 notices'were sent to property owners within a 300 -foot
radius from the subject properly, 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 -858; and
WHEREAS, on February 4, 2002, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use Permit
02 -858; 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 -858 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 -858 according to the Criteria of Chapter
17.1 12.010 of the Rosemead Municipal Code as follows:... _
A. The project is essential and desirable to the public convenience or welfare.
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
applicable City regulations, and is in conformity with the development in and around the project site.
B. The project is in conformity with the elements and objectives of the General Plan and
Zoning Codes.
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 project will not be detrimental to the surrounding properties.
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, limitations to operational hours
and occupancy, and the overall maintenance of the site.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit
02 -858, to allow the installation of an unmanned wireless telecommunications facility, on property
located at 7421 Garvey Avenue, 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
February 4, 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 4th day of March, 2002.
P
William Alarcon, Chairman
0 0
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Corn inissioil
of the City of Rosemead at its regular meeting, held omthe 4th day of March 2002 by the following
vote:
YES:
NO:
ABSENT:
ABSTAIN:
William Crowe, Secretary
• Rosemead Planning Commission
Conditional Use Permit 02 -858
Febrmaiy 4. 2002
Page 3 of 4
EXHIBIT "A"
CONDITIONAL USE PERMIT 02 -858
7421 Garvey Avenue
(Cingular Wireless Services)
CONDITIONS OF APPROVAL
February 4, 2002
Conditional Use Permit 02 -858 is approved for the installation of a wireless communication
facility in accordance with the plan marked Exhibit `B ", dated January 9, 2002. Any
revisions to the approved plans must be resubmitted for review and approval by the Planning
Department.
2. Approval of Conditional Use Permit 02 -858 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead an affidavit stating that they are aware of and
accepts all of the conditions set forth in the letter of approval and this list of conditions.
3. Conditional Use Permit 02 -858 is approved for a one -year period. Applicant shall make
progress towards initiation of proposed use or request an extension 30 days prior to
expiration from the Planning Commission. Otherwise Conditional Use Permit 02 -858 shall
become null and void.
4. The applicant shall comply with all Federal, State and local laws relative to the approved use
including the requirements of the Planning, Building, Fire, Sheriff and Health Departments.
5. Planning staff shall have access to the subject property at any time during construction to
monitor progress.
6. The conditions listed on this Exhibit "A" shall be copied directly onto development plans
submitted to the Planning and Building Departments for review.
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 iake place on Sundays or on any
legal holidays.
8. All utilities and connection cables shall be underground. The underground conversion of
these utilities shall consider all future connections to the satisfaction of the Director of
Planning.
9. That safety standards developed by the American National Standards Institute (ANSI) be
followed during all stages of construction and operation of this facility.
10. That the applicant shall adhere to all requirements and regulations ofboth the Public Utilities
Commission (PUC) and the Federal Communications Commission (FCC) with respect to
personal communication services.
11. The property shall comply with all appropriate building, fire, and health department
regulations.
12. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition.
13. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within
twenty -four (24) hours. A 24 -11our, Graffiti Hotline can be called at (626) 307 -0463 for
assistance.
Rosemead Planning Commission
Conditional Use Permit 02 -858
Fcbraaiy 4, 2002
Page 4 of 4
14. 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.
15. The applicant shall keep the electrical and mechanical equipment and /or emergency exits free
of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet.
16. All open area not covered by concrete, asphalt, or structures shall be landscaped and
maintained on a regular basis.
17. Violation of the conditions of approval may result in citation and/or initiation of revocation
proceedings.