Item 4B - Conditional Use Permit 02-881 (Modification) for 7403 Hellman AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 3, 2009
SUBJECT: CONDITIONAL USE PERMIT 02-881 (MODIFICATION)
7403 HELLMAN AVENUE
Summary
Sprint Nextel has submitted an application to modify Conditional Use Permit 02-881,
requesting to upgrade the existing Sprint PCS monopalm by adding three (3) microwave
dishes and a new equipment cabinet, located at 7403 Hellman Avenue in the C-3
(Medium Commercial) Zone.
Environmental Determination:
Section 15303 of the California Environmental Quality Act (CEQA) and local
environmental guidelines exempt projects that consist of the installation of new
equipment in small structures. Accordingly, Conditional Use Permit 02-881
(Modification) is classified as a Class 3 Categorical Exemption pursuant to Section
15303 of CEQA and therefore exempt from further environmental analysis.
Municipal Code Requirements
Section 17.112.020 (15) 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 the
following criteria that must be met:
• That the Conditional Use Permit applied for is authorized by the provisions of this
title: and
• That the granting of such Conditional Use Permit 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; and
• That the establishment, maintenance or conduct of the use for which the
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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; and
That the granting of such Conditional Use Permit will not adversely affect the
General Plan of the City.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
02-881 (Modification) for a period of six (6) months and adopt Resolution 09-17, subject
to conditions outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located at the northeast corner of New Avenue and Hellman Avenue.
The site has a total lot area of 36,461 square feet. Building Department records
indicate that the site is developed with a medical building totaling 16,794 square feet.
Planning Division records indicate that a total of two (2) entitlements have been
approved for two (2) wireless telecommunication facilities at the subject site. On March
19, 2001, the Planning Commission approved Conditional Use Permit 01-826 for the
installation of a "Cingular Wireless" wireless telecommunication facility, which consisted
of antennas directly installed to the building and the supporting equipment. On August
19, 2002, the Planning Commission approved Conditional Use Permit 02-881, for the
installation of a "Sprint PCS" wireless telecommunication monopalm antenna site and
the supporting equipment.
Southeast Elevation
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Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning
map, it is designated C-3 (Medium Commercial). The site is surrounded by the following
land uses:
North:
General Plan:
City of San Gabriel
Zoning:
City of San Gabriel
Land Use:
Interstate 10 Freeway Entrance
South:
General Plan:
City of Monterey Park
Zoning:
City of Monterey Park
Land Use:
Residential
East:
General Plan:
High Density Residential
Zoning:
R-3 (Medium Multiple Residential)
Land Use:
Residential
West:
General Plan:
City of Monterey Park
Zoning:
City of Monterey Park
Land Use:
Residential
Administrative Analysis
The Planning Commission approved Conditional Use Permit 02-881 on August 19,
2002, for the installation of a 55-foot tall unmanned wireless telecommunication facility.
The approved project consisted of a wireless facility to resemble a live palm tree and
consisted of twelve (12) panel antennas and one (1) Global Positioning Systems (GPS)
antenna. The twelve (12) panel antennas are mounted on the tower in three (3) sectors
of four (4) antennas each. Each individual antenna measures at approximately 1'-0"
tall. The antennas are screened with artificial palm fronds and a textured trunk to
resemble a live tree. The project also consisted of five (5) equipment cabinets which are
located within the 19'-6" by 22'-6" leasehold space at the northeast corner of the property.
The equipment on the monopalm is located at different heights on the pole. The top of the
branches is located-at a" height of approximately 55'-0", the top of the panel antennas is
located at a height of 47'-0", and the center of the panel antennas is located at a height of
45'-0."
Sprint Nextel is proposing to upgrade all of their wireless telecommunication facilities.
For this reason, they are requesting to modify the existing Sprint PCS monopalm by
removing and replacing three panel antennas (one antenna per sector). The applicant
is also proposing to add three (3) new microwave dishes (one microwave per sector)
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that will be mounted underneath the replaced panel antennas. The microwave dishes
are 2'-0" in diameter and will be painted to match the fronds of the monopalm. The
project also proposes to add a new equipment cabinet on an existing concrete pad in
the existing Sprint Nextel lease area which is enclosed by an existing block wall and
chain-link fence.
The proposed modification is part of a launch by Sprint Nextel to provide new
technology of broadband service with high speed internet to all existing facilities, located
in the Los Angeles County area. This upgrade will allow the carrier to remain
competitive in the wireless industry with the new addition of air cards and other services
which provides mobile internet connectivity on the go.
The proposed location of the wireless telecommunication facility will not impact any of the
existing uses. The proposed facility is unmanned and will operate 24 hours a day, 7
days a week. The federal and state governments set strict regulations to safeguard health
and safety issues, and to insure that people living and residing in the area of a
telecommunications facility are not affected. To verify that this proposed facility complies
with the FCC limits for human exposure to radiofrequency (RF) electromagnetic fields, the
Planning Division has completed the Evaluation of Categorical Exclusion Checklist that the
FCC provides for local governments. This proposed telecommunications facility meets the
Commission's exclusion criteria.
Conclusion
Staff finds this request to be consistent with the land uses in the general area, with no
foreseeable negative impacts to the surrounding properties. The applicant has taken
the appropriate measures to minimize visual impacts by camouflaging the tower as a
palm tree and hiding the antennas within the proposed artificial palm fronds. Staff has
incorporated conditions of approval to minimize potential negative impacts to the
adjacent neighborhood. Therefore, staff recommends that the Planning Commission
approve this project with the attached conditions.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' property owner public hearing notice, and postings of the notice at the
six (6) public locations and on the subject site.
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Prepared b :
Lily Trinh
Assistant Planner
Submitted by:
Sheri Bermejo
Principal Planner
EXHIBITS:
A.
Resolution 09-17
B.
Conditions of Approval
C.
Site Plan and Elevations
D.
Assessor Parcel Map (5286-008-030)
E.
RF Emissions Checklist
F.
Photosimulation
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EXHIBIT "A"
PC RESOLUTION 09-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02-881
(MODIFICATION), TO UPGRADE THE EXISTING SPRINT PCS
MONOPALM BY ADDING THREE (3) MICROWAVE DISHES AND A
NEW EQUIPMENT CABINET, LOCATED AT 7403 HELLMAN AVENUE
IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5286-008-030).
WHEREAS, on July 22, 2009, T-Mobile USA submitted an application to modify
Conditional Use Permit 02-881 to upgrade the existing Sprint PCS monopalm by adding
three microwave dishes and a new equipment cabinet, located at 7403 Hellman
Avenue; and
WHEREAS, 7403 Hellman Avenue is located in the C-3; Medium Commercial
Zone; and
WHEREAS, Section 17.112.020 (15) 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; 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 July 23, 2009, twenty-nine (29) notices were sent to property
owners within a 300-foot radius from the subject property, in addition to notices posted
in six (6) public locations and on-site, specifying the availability of the application, plus
the date, time and location of the public hearing for Conditional Use Permit 02-881
(Modification); and
WHEREAS, on August 3, 2009, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 02-881 (Modification); and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
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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 02-881 (Modification) 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 02-881 (Modification)
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 provisions 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.
FINDING: Staff finds this request to be consistent with land uses in the general
area with no foreseeable negative impacts to the adjacent neighborhood. The applicant
is proposing to upgrade an existing 55'-0" tall unmanned monopalm wireless
communication tower, which consists of twelve (12) panel antennas, three (3) 2'-0"
diameter microwave dish antennas, one (1) Global Positioning Systems (GPS) antenna,
and equipment cabinets at the northeast corner of the subject site. The applicant has
taken appropriate measures to minimize visual impacts to the surrounding properties by
camouflaging the tower as a palm tree and hiding the antennas within the proposed
artificial palm fronds.
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 site is designated in the General Plan as Commercial. 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 wellbeing of
the commercial areas of the City. On the zoning map, it is designated as C-3 (Medium
Commercial), which permits the construction of communication towers with approval of
a Conditional Use Permit. Conditions have been added to protect the adjacent
residential neighborhoods from being affected by this commercial establishment.
Therefore, the project is not anticipated to be detrimental to the health, safety, morals,
comfort, convenience or welfare of persons residing or working in the neighborhood.
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C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case will not be detrimental
or injurious to the general welfare of the City.
FINDING: The proposed use is silent in nature and will not endanger or
otherwise constitute a menace to the surrounding properties. Furthermore, conditions
of approval have been incorporated upon the issuance of this permit requiring the
overall maintenance of the site. 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.
SECTION 3. The Planning Commission HEREBY APPROVES the modification
of Conditional Use Permit 02-881, to upgrade the existing Sprint PCS monopalm by
adding three (3) microwave dishes and a new equipment cabinet, located at 7403
Hellman Avenue, subject to conditions listed in Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on August 3, 2009, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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 3`d day of August, 2009.
Diana Herrera, Chairwoman
CERTIFICATION
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August 3, 2009
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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 the 3'd day of
August, 2009 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Sheri Bermejo, Secretary
Planning Commission Meeting
August 3, 2009
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EXHIBIT "B"
CONDITIONAL USE PERMIT 02-881 (Modification)
(APN: 5286-008-030)
CONDITIONS OF APPROVAL
August 3, 2009
1. Conditional Use Permit 02-881 (Modification) is approved to upgrade the
existing Sprint PCS monopalm by adding three (3) microwave dishes and
an equipment cabinet to be developed in accordance with the plans marked
Exhibit "C", dated July 22, 2009, and photographic simulations. Any
revisions to the approved plans must be resubmitted for review and
approval by the City of Rosemead Planning Division.
2. Approval of Conditional Use Permit 02-881 (Modification) shall not take
effect for any purpose until the applicant has filed with the City of Rosemead
a notarized affidavit stating that he/she is aware of and accepts all of the
conditions of approval as set forth in the letter of approval and this list of
conditions, within ten (10) days from the Planning Commission approval
date.
3. Conditional Use Permit 02-881 (Modification) is approved for a period of six
(6) months from the Planning Commission approval date. The applicant
shall initiate the proposed use, or request an extension within 30-calendar
days before expiration of the initial 6 month approval period. Otherwise,
Conditional Use Permit 02-881 (Modification) shall become null and void.
4. The Planning Commission hereby authorizes the Planning Division to make
or approve minor modifications to the approved Plans where necessary.
5. Conditional Use Permit 02-881 (Modification) is granted or approved with
the City and its Planning Commission and City Council retaining and
reserving the right and jurisdiction to review and to modify the permit--
including the conditions of approval--based on changed circumstances.
Changed circumstances include, but are not limited to, the modification of
the use, a change in scope, emphasis, size, or nature of the use, or the
expansion, alteration, reconfiguration, or change of use. This reservation of
right to review is in addition to, and not in lieu of, the right of the city, its
Planning Commission, and City Council to review and revoke or modify any
permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on Conditional Use Permit 02-881
(Modification).
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6. The applicant shall defend, indemnify, and hold harmless the City of
Rosemead or its agents, officers, and employees from any claim, action, or
proceeding against the City of Rosemead or its agents, officers, or
employees to attack, set side, void, or annul, an approval of the Planning
Commission and/or City Council concerning the project, which action is
brought within the time period provided by law.
7. All conditions of approval must be complied with to the satisfaction of the
Planning Division, prior to final inspection.
8. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
departments for review.
9. The onsite public hearing notice posting shall be removed within 30 days
from the end of the 10-day appeal period of Conditional Use Permit 02-881
(Modification).
10. 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.
11. 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.
12. 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.
13. All utilities and connection cables shall be underground. The under-
grounding of these utilities shall consider all future connections to the
satisfaction of the Planning Division.
14. Safety standards developed by the American National Standards Institute
(ANSI) shall be followed through all stages of construction and operation of
this facility.
15. 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.
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16. All landscape planters shall be be improved with additional landscaping
(colorful and drought tolerant trees, shrubs, flowers and ground cover). All
landscape planters onsite shall be maintained with adequate landscaping on
a regular basis.
17. The applicant shall maintain a minimum clearance of five (5) feet (free of
any debris, storage, furniture, etc.) from any electrical/mechanical
equipment and/or emergency exits.
18. The parking area, including handicapped spaces, shall be paved and re-
painted periodically to City standards to the satisfaction of the Planning
Division. In accordance with Chapter 17.84 of the Rosemead Municipal
Code, all designated parking stalls shall be double striped. Such striping
shall be maintained in a clear, visible, and orderly manner.
19. The parking space markers shall be re-painted periodically to City standards
to the satisfaction of the Planning Division, including double striping, wheel
stops and handicapped parking/markings.
20. At least two percent of the required parking shall be designated for handicap
space pursuant to California Vehicle Code Section 22511.8. A letter by the
property owner shall be given to the City for authorizing enforcement.
21. No start-up generators shall be permitted onsite.
22. Vinyl slats shall be placed in the chain link fence to provide better screening
from public view. The slats shall be green color and maintained and
replaced as needed.
23. Violation of the conditions of approval may result in citation and/or the
initiation of revocation proceedings.
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August 3, 2009
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EXHIBIT "D"
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Planning Commission Meeting
August 3, 2009
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EXHIBIT "E"
Optional Checklist for Local Government
To Determine Whether a Facility is Categorically Excluded
Purpose: The FCC has determined that many wireless facilities are unlikely to cause human
exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from
routinely having to determine their compliance. These facilities are termed "categorically
excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded
facilities. This checklist will assist state and local government agencies in identifying those
wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure
in excess of the FCC's guidelines. Provision of the information identified on this checklist may
also assist FCC staff in evaluating any inquiry regarding a facility's compliance with the RF
exposure guidelines.
BACKGROUND INFORMATION
1. Facility Operator's Legal Name: Sprint N * 1
2. Facility Operator's Mailing Address: 6391 Sprint T'~ arkwa° Overland Park KS 66254
3. Facility Operator's Contact Name/Title: property Services
4. Facility Operator's Office Telephone: ROO -357-7041
5. Facility Operator's Fax:
6. Facility Name: CA-1 OC5205
7. Facility Address: 7403 Hellman Avenue
8. Facility City/Community: Rosemead
9. Facility State and Zip Code: CA. 91770
10. Latitude: 34 07027400
11. Longitude: -1'757400
continue
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Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1): R dl and Personal r ^°tiens
Service
13. Structure.Type (free-standing or building/roof-mounted): 14cp-sl2ndi^^
14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional
15. Height above ground of the lowest point of the antenna (in meters):1 2 5 meters
16. Q Check if all of the following are true:
(a) This facility will be operated in the Multipoint Distribution Service, Paging and
Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband
Personal Communications Service, Private Land Mobile Radio Services Paging
Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local
Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see
question 12).
(b) This facility will not be mounted on a building (see question 13).
(c) The lowest point of the antenna will be at least 10 meters above the ground (see question
15).
If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in
excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box
16 is not checked, continue to question 17.
17. Enter the power threshold for categorical exclusion for this service from the attached Table 1
in watts ERP or EIRP" (note: EIRP = (1.64) X ERP):
18. Enter the total number of channels if this will be an omnidirectional antenna, or the
maximum number of channels in any sector if this will be a sectored antenna:
19. Enter the ERP or EIRP per channel (using the same units as in question 17)-
Multiply answer 18 by answer 19
Is the answer to question 20 less than or equal to the value from question 17 (yes or no)?
the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause
posure in excess of the FCC's guidelines.
the answer to question 21 is NO, this facility is not categorically excluded. Further
vestigation may be appropriate to verify whether the facility may cause exposure in excess of
FCC's guidelines.
"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power