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PC Item No. 4A - Conditional Use Permit - 7421 GarveyROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 21, 2009 SUBJECT: CONDITIONAL USE PERMIT 05-1015 (MODIFICATION) 7421 GARVEY AVENUE Summary Sprint Nextel has submitted an application to modify Conditional Use Permit 05-1015, requesting to upgrade the existing Sprint Nextel monopalm by adding three (3) microwave dishes located at 7421 Garvey 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 05-1015 (Modification) is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. 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 Planning Commission Meeting September 21, 2009 Page 2 of 13 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 05-1015 (Modification) for a period of six (6) months and adopt Resolution 09-18, subject to conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located at the north side of Garvey Avenue, between New Avenue and Prospect Avenue. The site has a total lot area of 22,220 square feet. Building Department records indicate that the site is developed with a 5,000 square foot commercial building, occupied by "Rent A Tool." 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 February 4, 2002 the Planning Commission approved Conditional Use Permit 02-858 for the installation of a "Cingular Wireless" unmanned wireless monopalm and the supporting equipment. On August 1, 2005, the Planning Commission approved Conditional Use Permit 05-1015 for the installation of a "Nextel Communications" wireless telecommunication monopalm and the supporting equipment. South Elevation Planning Commission Meeting September 21, 2009 Page 3 of 13 Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial land use and on the zoning map it is designated as C-3 (Medium Commercial) zone. The site is surrounded by the following land uses: North General Plan: Mixed Use: Residential/Commercial (31-45 du/acre) Zoning: P (Parking) Land Use: Mobile Home Park South General Plan: Mixed Use: Residential/Commercial (31-45 du/acre) Zoning: C-3 (Medium Commercial) Land Use: Commercial Building East General Plan: Mixed Use: Residential/Commercial (31-45 du/acre) Zoning: C-3 (Medium Commercial) Land Use: Mobile Home Park West General Plan: City of Monterey Park Zoning: City of Monterey Park Land Use: Commercial Building Administrative Analysis The Planning Commission approved Conditional Use Permit 05-1015 on August 1, 2005, for the installation of a 50-foot tall unmanned wireless telecommunication facility. The approved project consisted of a wireless facility that resembled a live palm tree. The tree consists of fifteen (15) panel antennas, two (2) Global Positioning Systems (GPS) antennas and an equipment shelter. The antennas are screened with artificial palm fronds and the pole resembles a live tree with a textured finish and painted brown. The equipment on the monopalm is located at different heights on the pole. The top of the branches are located at a height of approximately 50'-0", the top of the panel antennas are located at a height of 48'-0", and the center of the panel antennas are 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 Nextel 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) that will be mounted directly beneath each of the replaced panel antennas. The microwave dishes are 2'-0" in diameter and will be painted to match the existing fronds of the monopalm. Planning Commission Meeting September 21, 2009 Page 4 of 13 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. Planning Commission Meeting September 21, 2009 Page 5 of 13 Prepare Lily Trinh Assistant Planner Submitted by: "14~ , Sheri Bermejo Principal Planner EXHIBITS: A. Resolution 09-18 B. Conditions of Approval C. Site Plan and Elevations D. Assessor Parcel Map (5286-020-026) E. RF Emissions Checklist F. Photosimulations Planning Commission Meeting September 21, 2009 Page 6 of 13 EXHIBIT "A" PC RESOLUTION 09-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 05-1015 (MODIFICATION), TO UPGRADE THE EXISTING NEXTEL MONOPALM BY ADDING THREE (3) MICROWAVE DISHES, LOCATED AT 7421 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5286-020-026). WHEREAS, on September 1, 2009, Sprint Nextel submitted an application to modify Conditional Use Permit 05-1015 to upgrade the existing Nextel monopalm by adding three microwave dishes, located at 7421 Garvey Avenue; and WHEREAS, 7421 Garvey 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 September 10, 2009, twenty-seven (27) 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 05-1015 (Modification); and WHEREAS, on September 21, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 05-1015 (Modification); 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: Planning Commission Meeting September 21, 2009 Page 7 of 13 SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 05-1015 (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 05-1015 (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 50'-0" tall unmanned monopalm wireless communication tower, which consists of fifteen (15) panel antennas, two (2) Global Positioning Systems (GPS) antennas, and an equipment shelter. 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 Mixed Use: Residential/Commercial (31-45 du/acre). 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. 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. 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. Planning Commission Meeting September 21, 2009 Page 8 of 13 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 05-1015, to upgrade the existing Nextel monopalm by adding three (3) microwave dishes, located at 7421 Garvey 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 September 21, 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 21St day of September, 2009. Diana Herrera, Chairwoman CERTIFICATION 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 21St day of September, 2009 by the following vote: YES: NO: ABSENT: ABSTAIN: Sheri Bermejo, Secretary Planning Commission Meeting September 21, 2009 Page 9 of 13 EXHIBIT "B" CONDITIONAL USE PERMIT 05-1015 (Modification) (APN: 5286-020-026) CONDITIONS OF APPROVAL September 21, 2009 Conditional Use Permit 05-1015 (Modification) shall be in compliance and remain in compliance with all Conditions of Approval for Conditional Use Permit 05-1015, in addition to the Conditions of Approval for CUP 05-1015 (Modification). Conditional Use Permit 05-1015 (Modification) is approved to upgrade the existing Nextel monopalm by adding three (3) microwave dishes to be developed in accordance with the plans marked Exhibit "C", dated September 1, 2009, and photographic simulations. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. Approval of Conditional Use Permit 05-1015 (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. 4. Conditional Use Permit 05-1015 (Modification) is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30-calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Conditional Use Permit 05-1015 (Modification) has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 6. Conditional Use Permit 05-1015 (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, Planning Commission Meeting September 21, 2009 Page 10 of 13 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 05-1015 (Modification). ' 7. 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. 8. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 9. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 10. 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 05-1015 (Modification). 11. All antennas and microwave dishes shall be re-painted green with a matte finish. 12. Additional palm fronds shall be added to the monopalm to screen the microwave dishes to the satisfaction of the Planning Division. 13. Prior to the issuance of building permits, all non-operable vehicles, stored vehicles, trailers or non-rental related material shall be removed from the site. 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B3 iR7D II! r 61 rr K PROSPECT AVE. c.r ~s69 a t3'~ ~;aa Planning Commission Meeting September 21, 2009 Page 12 of 13 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 BACKGROUND INFORMATION 1. Facility Operator's Legal Name: Sprint Nextel 2. Facility Operator's Mailing Address: 6391 Sp;i;g R";rays _ ve=land Parr KS 66251 3. Facility Operator's Contact Name/Title: Property Cervices, 4. Facility Operator's Office Telephone: 800 -157-7641 5. Facility Operator's Fax: 6. Facility Name: CA-LOS0002 7. Facility Address: 7421 Garvey 8. Facility City/Community: Rosemead 9. Facility State and Zip Code: CA, 91770 10. Latitude: 34.06320700 11. Longitude: -118 10707000 continue Planning Commission Meeting September 21, 2009 Page 13 of 13 Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1): Service 13. Structure Type (free-standing or building/roof-mounted): Ewe-standing 14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional 15. Height above ground of the lowest point of the antenna (in meters): 13 I meters 16. ZCheck 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)- 20. Multiply answer 18 by answer 19: 21. 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 Ruidelines. "ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power