PC - Item 4A - Conditional Use Permit 09-09 - 8366 Grand AveROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE
ROSEMEAD PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 16, 2009
SUBJECT: CONDITIONAL USE PERMIT 09-09
8366 GRAND AVENUE
Summary
Royal Street Communications California, LLC has submitted a Conditional Use Permit
application requesting to construct an unmanned wireless 60'-0" tall monopine tree with
six (6) panel antennas, one (1) parabolic dish antenna, one (1) Global Positioning
Systems (GPS) antenna, and four (4) radio equipment cabinets, located in the San
Gabriel County Water District yard at 8366 Grand Avenue in the R-1 (Single-Family
Residential) zone.
Environmental Determination:
Section 15303 of the California Environmental Quality Act (CEQA) and local
environmental guidelines exempts projects that consist of the installation of new
equipment in small structures. Accordingly, Conditional Use Permit 09-09 is classified
as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines.
Municipal Code Requirements
Section 17.112.020 of the Rosemead Municipal Code (RMC) allows "professional radio,
microwave and television transmitters and broadcasting stations" in any zone, upon
granting of a Conditional Use Permit (CUP) by the Planning Commission. Rosemead
Municipal Code Section 17.112.010 sets the following criteria required for granting such
a permit. RMC criteria require that the proposed use be 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 properties.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
09-09 for a period of six (6) months and adopt Resolution 09-22, subject to conditions
Planning Commission Meeting
November 16, 2009
Page 2 of 13
outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located on the south side of Grand Avenue, between Charlotte
Avenue and Delta Avenue. The site consists of two (2) parcels, totaling approximately
5.03 acres and is developed with an office building, parking areas, vehicle and
equipment maintenance buildings, and landscaping. According to Building and Safety
Division records, the San Gabriel County Water District has been occupying at this site
since 1970.
Site & Surrounding Land Uses
The project site is designated in the General Plan as Public Facilities and on the zoning
map, it is designated R-1 (Single-Family Residential). The site is surrounded by the
following land uses:
North:
General Plan: Low Density Residential and City of San Gabriel
Zoning: R-1 (Single-Family Residential) and City of San Gabriel
Land Use: Residential and City of San Gabriel
South:
General Plan: Open Space
Zoning: R-3 (Medium Multiple Residential)
Land Use: Sally Tanner Park
View of the Project Site Looking Southwest
Planning Commission Meeting
November 16, 2009
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East:
General Plan: High Density Residential
Zoning: P-D (Planned Development)
Land Use: California Mission Inn (Assisted Living Facility)
West:
General Plan:
Public Facilities
Zoning:
A-1 (Light Agricultural)
Land Use:
LA County Flood Control District
Administrative Analysis
As seen on the architectural plans, attached in this staff report as Exhibit "C," the
applicant is proposing to install an unmanned wireless 60'-0" tall monopine
telecommunication tower that will consist of six (6) panel antennas, one (1) parabolic
dish antenna, and one (1) Global Positioning Systems (GPS) antenna. The six (6)
antennas will be mounted on the tower in six (6) sectors of one (1) antenna each. The
monopine is designed to replicate a pine tree. The antennas will be painted a matte
dark green and screened with faux branches and a textured trunk to resemble a live
tree. The four (4) equipment cabinets will be located within the 20'-0" by 20'-0" leasehold
space. The leasehold space is surrounded by a new 7'-0" tall decorative earth toned
colored split faced block wall with a 4'-0" wide decorative screened wrought iron access
gate. Vine pockets will also be used to soften the appearance of the walls of the
equipment enclosure. The applicant will also plant three (3) new 36-inch or 48-inch box
pine trees into the surrounding areas to blend in with the proposed monopine.
The equipment on the monopine will be located at different heights on the pole. The top of
the branches are located at a height of 60'-0", the tops of the panel antennas are located
at a height of 57'-5" and the center of the antennas are located at a height of 55-0."
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, attached in this staff report as Exhibit "E." This
proposed telecommunications facility meets the Commission's exclusion criteria.
Due to a growing number of cellular phone subscribers and increased usage in the
Rosemead area, Royal Street Communications seeks to improve its existing network
and expand coverage by adding this wireless facility. This addition will improve coverage
and off-load capacity of neighboring sites, as well as improve voice and data transmission
to Rosemead residents and commuters who travel along and around the surrounding
roadways.
Planning Commission Meeting
November 16, 2009
Page 4 of 13
Since this project is located directly on the City of Rosemead border, staff sent the City
of San Gabriel's Planning Division a courtesy set of plans for review and comments.
The City of San Gabriel provided architectural design recommendations, which staff has
incorporated into this project.
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
pine tree and hiding the antennas within the proposed monopine branches. 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.
Par Y:
Lily Trinh
Assistant Planner
Submitted by:
Sheri Bermejo
Principal Planner
EXHIBITS:
A. Resolution 09-22
B. Conditions of Approval
C. Site Plan/Floor Plan/Elevations
D. Assessor Parcel Map (5389-001-901 & 5389-001-902)
E. RF Emissions Checklist
F. Photo Simulations
G. Map of Coverage
Planning Commission Meeting
November 16, 2009
Page 5 of 13
EXHIBIT "A"
PC RESOLUTION 09-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL USE PERMIT 09-09 FOR
THE INSTALLATION OF AN UNMANNED WIRELESS 60'-0" TALL
MONOPINE TREE, LOCATED IN THE SAN GABRIEL COUNTY WATER
DISTRICT YARD AT 8366 GRAND AVENUE IN THE R-1 (SINGLE-
FAMILY RESIDENTIAL) ZONE (APN: 5389-001-901 and 5389-001-902).
WHEREAS, on October 29, 2009, Royal Street Communications California, LLC
submitted a Conditional Use Permit application for the installation of an unmanned
wireless 60'-0" tall monopine tree, located at 8366 Grand Avenue; and
WHEREAS, 8366 Grand Avenue is located in the R-1 Residential 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 November 5, 2009, fifty-five (55) 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 09-09; and
WHEREAS, on November 16, 2009, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 09-09; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
Planning Commission Meeting
November 16, 2009
Page 6 of 13
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 09-09 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 09-09 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: This request is consistent with land uses in the general area with no
foreseeable negative impacts to the adjacent neighborhood. The applicant is proposing
to install an unmanned wireless 60'-0" tall monopine tree which will consist of six (6)
panel antennas, one (1) parabolic dish antenna, one (1) Global Positioning Systems
(GPS) antenna, and four (4) radio equipment cabinets. The applicant has taken
appropriate measures to minimize visual impacts to the surrounding properties by
camouflaging the tower as a pine tree and screening the antennas with faux branches.
Furthermore, conditions of approval have been added which will require the planting of
three (3) additional 36" box pine trees to improve the aesthetics of the facility.
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 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.
C. The granting of such conditional use permit will not adversely affect the
General Plan of the City.
Planning Commission Meeting
November 16, 2009
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FINDING: The site is designated in the General Plan as Public Facilities. The
proposed use is in conformity with the General Plan, in that the policies of the General
Plan encourage complementary uses that will not be in conflict with established
neighborhood districts. On the zoning map, it is designated as R-1 (Single-Family
Residential), which permits the construction of communication towers with approval of a
Conditional Use Permit.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 09-09, to allow the installation of an unmanned wireless 60'-0" tall monopine tree
at 8366 Grand 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 November 16, 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 16th day of November, 2009.
Diana Hererra, Chairwoman
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 the 16th day of
November, 2009 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Sheri Bermejo, Secretary
Planning Commission Meeting
November 16, 2009
Page 8 of 13
EXHIBIT "B"
CONDITIONAL USE PERMIT 09-09
(APN: 5389-001-901 & 5389-001-902)
CONDITIONS OF APPROVAL
November 16, 2009
1. The following conditions of approval must be complied with to the
satisfaction of the Planning Division prior to final approval of the associated
plans, building permits, occupancy permits, or any other appropriate
request.
2. Conditions of approval listed on Exhibit "B" shall be copied directly onto final
development plans submitted to the Planning and Building Division for
review.
3. Conditional Use Permit 09-09 is approved for the installation of an
unmanned wireless 60'-0" tall monopine tree, to be developed in
accordance with the plans marked Exhibit "C", dated October 29, 2009 and
photographic simulations. Any revisions to the approved plans must be
resubmitted for review and approval by the City of Rosemead Planning
Division.
4. Approval of Conditional Use Permit 09-09 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.
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 09-09 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 Planned
Development Review has been unused, abandoned or discontinued for a
period of six (6) months it shall become null and void.
7. Conditional Use Permit 09-09 is granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
Planning Commission Meeting
November 16, 2009
Paqe 9 of 13
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 09-09.
8. 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 aside, 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Safety standards developed by the American National Standards Institute
(ANSI) shall be followed through all stages of construction and operation of
this facility.
14. 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.
Planning Commission Meeting
November 16, 2009
Page 10 of 13
15. The leasehold space shall be surrounded by a new 7'-0" tall decorative earth
toned colored split faced block wall with a 4'-0" wide decorative screened
wrought iron access gate. Vine pockets will also be installed around the
walls to soften the appearance of walls.
16. A minimum of three (3) new 36-inch box pine trees shall be planted within
twenty (20) feet of the monopine.
17. All antennas and support structures shall be painted to match the faux pine
tree trunk and tree branches. All painted equipment shall have a matte
finish.
18. 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.
19. Violation of the conditions of approval may result in citation and/or the
initiation of revocation proceedings.
Planning Commission Meeting
November 16, 2009
Page 11 of 13
EXHIBIT "D"
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Planning Commission Meeting
November 16, 2009
Page 12 of 13
EXHIBIT "E"
Optional Checklist for Local Government
Select & Zoom 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 anv inquiry regarding a facility's, compliance with the RF
exposure guidelines.
BACKGROUND L1-TOR
L Facility Operators Legal Name: Royal Street Communicaoons Ca6fomia. LLC
2. Facility Operator's Mailing Address: 2813 El Camino Real. #561, Tustin, CA 92782
3. Facility Operator's Contact Name.!Title: John Halminski: Site Acguisitbn Manager
4. Facility- Operator's Office Telephone: 714-730.3137
5. Facility Operators Fax: 714-738-3281
6. Facility Name: LA0294-D SGCWD Grand Yard
7. FacilitvAddress: 8366 Grand Avenue
& Facility CitviCornmunity: Rosemead
9. Facility State and Zip Code: California, 91770
10. Lmitude: 34.090306 N
11. Longitude: 118.087692W
continue
Planning Commission Meeting
November 16, 2009
Page 13 of 13
Optional Local Government Checldist (page 2)
EVALUATION OF CATEGORICAL. EXCLUSION a
12. Licensed Radio Service (see attached Table 1): Personal Communications Service (PCS) i
:13, Structure Type (free-standing or buildin&oof-mounted): Free-stan6ng monopole
14. Antenna Type [oatnidirectional or directional (includes sectored)]: Diredional (sedoredl
15. Height above ground of the lowest point of the antemta (in meters): 15.98
16. O Check if all of the follo%v tng 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 Laud Mobile Radio Services Paging
Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local
Multipoint Distribution Senice, 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 amenna 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 IT
E 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): i
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
119. 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)?
If the answer to question 21 is YES, this facility is categorically excluded- It is unlikely to cause
exposure in excess of the FCC's guidelines.
If the answer to question 21 is NO, this facility is not categorically excluded. Farther
investigation may be appropriate to verify whether the facility may cause exposure in excess of
the FCC's guidelines.
"ERP" mems "effective radiated poker' and "EIRP" means "effective isotropic radiated power