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PC - Item 4A - Conditional Use Permit 96-672 - Sprint NextelROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JANUARY 19, 2010 SUBJECT: CONDITIONAL USE PERMIT 96-672 (Modification) 9063 E. MISSION DRIVE Summary Sprint Nextel has submitted a Conditional Use Permit application requesting to modify and add equipment to an existing roof-mounted wireless telecommunications facility antenna array and to install a new ground-mounted equipment cabinet within an existing lease area at 9063 E. Mission Drive in the R-1 (Single-Family Residential) zone. The facility is located at Rosemead High School. 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 96-672 (Modification) is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore exempt from further environmental analysis. Staff Recommendation Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 96-672 (Modification) and ADOPT Resolution No. 10-01 with findings, and subject to the sixteen (16) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is currently developed as a public high school (Rosemead High School). The Rosemead High School campus is approximately twenty-seven (27) acres in size. It is located at the northeast corner of Mission Drive and Rosemead Boulevard. On July 1, 1996, the Rosemead Planning Commission adopted Resolution No. 96-36 approving Conditional Use Permit 96-672 for a new roof-mounted wireless telecommunications facility to be located on the roof of the auditorium of Rosemead Planning Commission Meeting January 19, 2010 Page 2 of 15 High School. The approved wireless telecommunications facility included the erection of a triangular shaped antenna support structure with nine (9) cellular antenna panels (each panel measuring 48" x 12" x 2") with one 10" oval GPS antenna. CUP 96-672 also approved the installation of a 300 square-foot equipment pad on the ground adjacent to the auditorium to support wireless communications equipment. The existing auditorium is approximately sixty-one (61) feet in height and the existing antenna support structure measures approximately fifteen (15) feet in height. Planning Division records indicate that no other entitlements have been approved for this property. East Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Public Facilities and has a zoning classification of R-1 (Single Family Residential). The site is surrounded by the following land uses: North: General Plan: Low Density Residential and Mixed Use: Residential/Commercial (0-30 du/ac) Zoning: R-1 (Single Family Residential) and C-3 (Medium Commercial) Land Use: Residential and Commercial/Industrial Planning Commission Meeting January 19, 2010 Page 3 of 15 South: General Plan: Medium Density Residential and Mixed Use: Residential/Commercial (0-30 Du/ac) Zoning: R-2 (Light Multiple Residential) and C-3 (Medium Commercial) Land Use: Residential and Commercial East: General Plan: Public Facilities and Open Space Zoning: R-1 (Single Family Residential) Land Use: Rosemead Park West: General Plan: High Density Residential and Mixed-Use: Residential/Commercial (0-30 du/ac) Zoning: R-3 (Medium Multiple Residential) and C-3 (Medium Commercial) Land Use: Residential and Commercial Planning Commission Meeting January 19, 2010 Paoe 4 of 15 Administrative Analysis The applicant is proposing the removal and replacement of three (3) panel antennas (one per sector) to the previously approved triangular roof structure. The panel antenna replacements will be similar in shape and size to the originally approved antennas. The applicant is also proposing to install three (3) new microwave "backhaul" dishes (one dish per sector) on the existing roof-mounted antenna array. These "backhaul" dishes are approximately two (2) feet in diameter and will provide new broadband services. In addition to the roof-mounted equipment, the applicant is proposing to add one new equipment cabinet to the existing equipment pad which is located at the northeast corner of the auditorium building. The equipment pad is screened from view from the public right- of-way. According to the applicant, the purpose of the additional antennas and equipment at this site is to provide new "4G" high speed internet access for Sprint Nextel's customers. The service is being provided by a subsidiary of Sprint Nextel called Clearroire. The location of the wireless telecommunication facility will not impact any of the existing uses and has operated without incident since 1996. The additional antennas on the existing roof-mounted array will not significantly alter the appearance of the site nor will it degrade the visual character of the area. The additional equipment will provide advanced telecommunication features which should benefit Rosemead residents and commuters who travel along and around the surrounding roadways. 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. 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 findings required for granting such a permit: The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. The site is designated in the General Plan as Public Facilities and developed with a public high school. The proposed use is in conformity with the General Plan in that the Public Facilities land use designation is intended for educational facilities and utilities. A wireless telecommunication facility is essentially a private utility Planning Commission Meeting January 19, 2010 Page 5 of 15 that provides a public benefit of telephone and broadband internet service to residents of the City. The proposed modifications to the existing wireless telecommunications facility on public school property will improve an important utility service to the community. • The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and 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. • The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 install three replacement panel antennas, three new round "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility. The existing rooftop antenna array has been part of the visual landscape for approximately 14 years and the proposed modifications to the existing rooftop wireless telecommunications facility will not increase the size of the existing facility, nor will it alter the visual appearance of the facility from surrounding area. Consequently, the modified facility will not be detrimental or injurious to the property or improvements in the area. Additionally, the proposed project will improve the broadband wireless telecommunication services available in the neighborhood. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to ninety-two (92) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: -fai Ja Paul GarrySenior Planner Community opment Director Planning Commission Meeting January 19, 2010 Page 6 of 15 EXHIBITS: A. Planning Commission Resolution No. 10-01 B. Conditions of Approval C. Site Plan/Floor Plan/Elevations D. Assessor Parcel Map (8592-018-904) E. Photo Simulations F. RF Emissions Checklist Planning Commission Meeting January 19, 2010 Page 7 of 15 EXHIBIT "A" PC RESOLUTION 10-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 96-672 (MODIFICATION), FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 9063 E. MISSION DRIVE IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONE. (APN: 8592-018-904). WHEREAS, on October 29, 2009, Sprint Nextel submitted an application to modify a Conditional Use Permit for the installation of three replacement antennas, three new round microwave "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility, located at 9063 E. Mission Drive; and WHEREAS, 9063 E. Mission Drive is located in the R-1 (Single Family 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 the following findings required for granting such a permit: The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 findings by which a Conditional Use Permit may be granted; and WHEREAS, on January 5, 2010, ninety-two (92) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, plus . the date, time and location of the special public hearing for Conditional Use Permit 96- Planning Commission Meeting January 19, 2010 Page 8 of 15 672 (Modification), and on January 8, 2010 notice was published in the San Gabriel Valley Tribune; and WHEREAS, on January 19, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 96-672 (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: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 96-672 (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 96-672 (MOD) according to the findings of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan as Public Facilities and developed with a public high school. The proposed use is in conformity with the General Plan in that the Public Facilities land use designation is intended for educational facilities and utilities. A wireless telecommunication facility is essentially a private utility that provides a public benefit of telephone and broadband internet service to residents of the City. The proposed modifications to the existing wireless telecommunications facility on public school property will improve an important utility service to the community. 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. Planning Commission Meeting January 19, 2010 Page 9 of 15 C. 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 be injurious to the property or improvements in the neighborhood or to the general welfare of the city. 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 install three replacement panel antennas, three new round "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility. The existing rooftop antenna array has been part of the visual landscape for approximately 14 years and the proposed modifications to the existing rooftop wireless telecommunications facility will not increase the size of the existing facility, nor will it alter the visual appearance of the facility from surrounding area. Consequently, the modified facility will not be detrimental or injurious to the property or improvements in the area. Additionally, the proposed project will improve the broadband wireless telecommunication services available in the neighborhood. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 96-672 (Modification), to allow the installation of three replacement antennas, three new "backhauP" dishes, and one new equipment cabinet at an existing wireless telecommunications facility at 9063 E. Mission Drive, 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 January 19, 2010, 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 19th day of January, 2010. Diana Herrera, Chairwomen CERTIFICATION Planning Commission Meeting January 19, 2010 Paoe 10 of 15 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 19th day of January, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary Planning Commission Meeting January 19, 2010 Paae 11 of 15 EXHIBIT "B" CONDITIONAL USE PERMIT 96-672 (Modification) (APN: 8592-018-904) CONDITIONS OF APPROVAL January 19, 2010 1. Conditional Use Permit 96-672 (Modification) is approved for the installation of a three (3) panel antennas (one per sector), three (3) new microwave "backhaul" dishes (one dish per sector), and one new equipment cabinet, 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. 2. Approval of Conditional Use Permit 96-672 (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 96-672 (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 Conditional Use Permit 96-672 (Modification) has been unused, abandoned or discontinued for a period of six (6) months it 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. The Conditional Use Permit 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 this Conditional Use Permit. Planning Commission Meeting January 19, 2010 Paoe 12 of 15 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. Prior to the issuance of a Building Permit, 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 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 federal 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 shall conform to Federally-recognized standards through all stages of construction and operation of the 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. 15. The new panel antennas and round "backhaul" dishes shall be painted to match the existing antennas. 16. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. 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' 1tl06NVA3 N v e 4 M. Q L ~ 3AV VINI e'A _ a m 'w N; z m 3AV VNVIVS r NN 3AV Al 4 ~o N '3AV ~VO H a ~ m SITE®$ z Z N N O N o 4~ r m omwr avaw3soa 0 o N omM ~ EXHIBIT E vim' E E ~ o. Y N L ~i 6j y0J Ea w N =cm 6 m 'W^ W N to In J Q U N I 0 Q W F w N p J / X Z l L T Y_ L i ~ EXHIBIT E v~ E E 0; W &*CU H E au P~ a m a~ E 7 'W^^ P 'N^^ rW u, 0 J Q U N ~ w rc I ° ❑ Z Q N w w N w AA _LJ i V1 J F x z M 3 v s 00 0- EXHIBIT E O1 a. C °u E Cn E E W a m CCU W W Lf) 0 N 0 J I Q U In w z ' 0 C) z 0 Q N w " w N W o LL J r ' X z T Y 3 L W F N Planning Commission Meeting January 19, 2010 Page 14 of 15 EXHIBIT "F" 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 Nextel 2. Facility Operator's Mailing Address: 6391 Sprint Parkway, Overland Park, KS 66251 3. Facility Operator's Contact Name/Tit 4. Facility Operator's Office Telephone: 5. Facility Operator's Fax: 6. Facility Name: CA-L( 7. Facility Address: 9063 Property Services 800-357-7641 Mission Drive 8. Facility City/Community: Rosemead 9. Facility State and Zip Code: CA 91770 10. Latitude: 34.08465700 11. Longitude: 118.07262000 continue 11 Planning Commission Meeting January 19, 2010 Page 15 of 15 Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1): Broadband Personal Communications Service 13. Structure Type (free-standing or building/roof-mounted): Roof Mounted 14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional 15. Height above ground of the lowest point of the antenna (in meters): 22.55 meters 16. OCheck if all of the following are true: (a) This facility will be operated in the Multipoint Distribution Service, Paging and - 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): 2000 W ERP 18. Enter the total number of channels if this will be an omni directional antenna, or the maximum number of channels in any sector if this will be a sectored antenna: 3 19. Enter the ERP or EIRP per channel (using the same units as in question 17): 300 W 20. Multiply answer 18 by answer 19: 900 W 21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)?Yes 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. Further investigation may be appropriate to verify whether the facility may cause exposure in excess of the FCC's guidelines. "'ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power