PC - 2014-16 - Approving Municipal Code Update 14-01 to Ammend Title 17 "Zoning" of the City's Municipal Code By Incorporating Federally Mandated Changes to Chapter 17.54 Entitled Wireless Telecommunication Facilities PC RESOLUTION 14-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE MUNICIPAL
CODE UPDATE 14-01 TO AMEND TITLE 17 "ZONING" OF THE CITY'S
MUNICIPAL CODE BY INCORPORATING FEDERALLY MANDATED
CHANGES TO CHAPTER 17.54 ENTITLED WIRELESS
TELECOMMUNICATION FACILITIES
WHEREAS, Chapter 17.152 of the Rosemead Municipal Code authorizes the
Planning Commission to consider and recommend proposed municipal code
amendments to the City Council; and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning
Ordinance, and map, including specific development standards, to control development, and
WHEREAS, Municipal Code Amendment 14-01 adopts newly established Federal
Communication Commission ("FCC") regulations for the collocation of Wireless
Telecommunication Facilities, and
WHEREAS, on November 6, 2014, a Public Hearing Notice, specifying the public
comment period and the time and place for a public hearing pursuant to California
Government Code Section 65091(a)(4) was published in the Rosemead Reader and
posted at the six (6) public locations in the City; and
WHEREAS, on November 17, 2014, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 14-01; 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 the
proposed amendment does not authorize any changes to the environment and will have
no impacts to properties in the City or their surrounding environment. This Ordinance is
not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Planning Commission Resolution No. 14-16 1
SECTION 2.The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify recommending approval of Municipal Code Amendment 14-01 in
accordance with Chapter 17.152, Section 17.152.040 of the Rosemead Municipal Code
as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The proposed Municipal Code Amendment adopts newly established
FCC regulations for the collocation of wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General
Plan and Zoning Code. Adopting Municipal Code Amendment 14-01 maintains the
current consistency with the General Plan and between the General Plan and Zoning
Code.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: Municipal Code Amendment 14-01 will promote public health, safety,
and general welfare and serve the goals and purposes of Title 17 by clarifying and
confirming with Federal and State law. The amendment does not authorize any changes
to the environment and will have no impacts to properties in the City or their surrounding
environment.
C. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code.
FINDING: The proposed Municipal Code Amendment adopts newly established
FCC regulations for the collocation of wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General
Plan and Zoning Code. Adopting Municipal Code Amendment 14-01 maintains the
current consistency with all other provisions of the Zoning Code.
SECTION 3. The Planning Commission does HEREBY RECOMMEND that Chapter
17.54 (Wireless Telecommunication Facilities) of the Rosemead Municipal Code be added
to read as provided in Ordinance 944.
SECTION 4. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of Ordinance 944 amending regulations for wireless
telecommunication facilities within the City of Rosemead.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on November 17, 2014 by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ AND TANG
NO: NONE
Planning Commission Resolution No. 14-16 2
ABSENT: NONE
ABSTAIN: NONE
SECTION 6. 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 17th day of November, 2014.
7
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Nancy E g, haij.0j an
Planning Commission Resolution No. 14-16 3
CERTIFICATION
I 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 17th day of
November, 2014, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE U ^ A ^ - k.
Michelle G. Ramirez, Secreta
APPROVED AS TO FORM:
Gregory M. M ,, Planning C-4 j: on Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Resolution No. 14-16 4