PC - Item 4B - Conditional Use PErmit 01-827 - Sprint NExtelROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JANUARY 19, 2010
SUBJECT: CONDITIONAL USE PERMIT 01-827 (MODIFICATION)
8500 ARTSON STREET
Summary
Sprint Nextel has submitted a Conditional Use Permit application requesting to modify
and add new equipment to an existing wireless telecommunications facility and to install
a new ground-mounted equipment cabinet within an existing lease area at 8500 Artson
Street in the A-1 (Light Agricultural) 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 01-827
(Modification) is classified as a Class 3 Categorical Exemption pursuant to Section
15303 of CEQA and therefore exempt from further environmental analysis.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
01-827 (Modification) and ADOPT Resolution No. 10-02 with findings, and subject to
sixteen (16) conditions outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located within an existing 137-foot tall Southern California (SCE)
lattice tower. The subject property has a lot area of 31,799 square feet.
On March 19, 2001, the Rosemead Planning Commission approved Conditional Use
Permit No. 01-827 for a new wireless telecommunications facility to be located on an
existing SCE transmission tower. The approved wireless telecommunications facility
included the installation of twelve (12) antennas with one GPS antenna and seven (7)
electronic equipment cabinets within the leasehold area at the base of the tower.
Planning Division records indicate that no other entitlements have been approved for
this property.
Planning Commission Meeting
January 19, 2010
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Site & Surrounding Land Uses
The project site is designated in the General Plan as Public Facilities and has a zoning
classification of A-1 (Light Agricultural). The site is surrounded by the following land
uses:
North:
General Plan: San Bernardino (1-10 Freeway)
Zoning: San Bernardino (1-10 Freeway)
Land Use: San Bernardino (1-10 Freeway)
South:
General Plan: Public Facilities
Zoning: A-1 (Light Agricultural)
Land Use: Southern California Transmission Towers
East:
General Plan:
Low Density Residential (0-6 du/ac)
Zoning:
R-1 (Single Family Residential)
Land Use:
Residential
West:
General Plan:
Low Density Residential (0-6 du/ac)
Zoning:
R-1 (Single Family Residential)
Land Use:
Residential
Southwest Elevation
Planning Commission Meeting
January 19, 2010
Page 3 of 15
Aerial of Site
Administrative Analysis
The applicant is proposing the removal and replacement of three (3) panel antennas
(one per sector) on the previously approved SCE transmission tower which is located
within the Edison right of way and approximately seventy (70) feet away from a
residential property. 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 an existing mount. These
"backhaul" dishes are approximately two (2) feet in diameter and will provide new
broadband services. In addition to the mounted equipment, the applicant is proposing to
add one (1) new equipment cabinet with one (1) new GPS antenna installed on top of the
new cabinet, to the existing equipment pad which is located at the base of the SCE
transmission tower. An existing 8'-0" chain-link fence surrounds the leasehold area.
According to the applicant, the purpose of the additional antennas and equipment at this
site is to provide new 'AG" high speed internet access for Sprint Nextel's customers. The
service is being provided by a subsidiary of Sprint Nextel called Clearwire.
The wireless telecommunication facility is located within the Southern California Edison
Right of Way will not impact any of the existing uses and has operated without incident
Planning Commission Meeting
January 19, 2010
Page 4 of 15
since 2001. The additional antennas on the existing SCE transmission tower 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
Southern California Edison transmission towers. The proposed use is in conformity
with the General Plan in that the Public Facilities land use designation applies to
land uses that area operated and maintained for public benefit, such as utilities and
private utility easements. The additional equipment will provide new "4G" high speed
internet access which will • benefit Rosemead residents and commuters who travel
along and around the surrounding roadways.
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.
Planning Commission Meeting
January 19, 2010
Page 5 of 15
• 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.
The modification to an existing wireless telecommunication tower will not be
detrimental or injurious to the property and improvements in the neighborhood or the
general welfare. The applicant is proposing to install three (3) replacement panel
antennas, three (3) microwave "backhaul" dishes, one new (1) GPS antenna, and
one new equipment cabinet at an existing wireless telecommunications facility. The
wireless telecommunication facility is located within the Southern California Edison
Right of Way and will not impact any of the existing uses. In addition, the wireless
telecommunication facility has operated without incident since 2001. The
modifications to the existing wireless telecommunications facility will not increase the
size of the existing facility, nor will it alter the existing visual environment of the
surrounding area.
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.
Pre ar
Lily Trinh
Assistant Planner
EXHIBITS:
A. Planning Commission Resolution No. 10-02
B. Conditions of Approval
C. Site Plan/Floor Plan/Elevations
D. Assessor Parcel Map (5288-01-5029)
E. Photo Simulations
F. RF Emissions Checklist
Community Development Director
Planning Commission Meeting
January 19, 2010
Page 6 of 15
EXHIBIT "A"
PC RESOLUTION 10-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 01-827 (MODIFICATION),
FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT
FOR AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY,
LOCATED AT 8500 ARTSON STREET IN THE A-1 (LIGHT
AGRICULTURAL) ZONE (APN: 5288-01-5029).
WHEREAS, on October 15, 2009, Sprint Nextel submitted an application to
modify a Conditional Use Permit for the installation of three (3) replacement antennas,
three (3) new microwave "backhaul" dishes, one (1) new GPS antenna, and one (1) new
equipment cabinet at an existing wireless telecommunications facility, located at 8500
Artson Street; and
WHEREAS, 8500 Artson Street is located in the A-1 (Light Agricultural) 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
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, on January 5, 2010, forty-four (44) 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 special public hearing for Conditional Use Permit 01-
Planning Commission Meeting
January 19, 2010
Page 7 of 15
827 (Modification), and on January 8, 2010, the 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 01-827 (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 01-827 (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 01-827 (Modification)
according to the Criteria 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 Southern California Edison transmission towers. The proposed use is in
conformity with the General Plan in that the Public Facilities land use designation
applies to land uses that area operated and maintained for public benefit, such as
utilities and private utility easements. The additional equipment will provide new 'AG"
high speed internet access which will benefit Rosemead residents and commuters who
travel along and around the surrounding roadways.
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
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C. 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 be injurious to the
property or improvements in the neighborhood or to the general welfare of the city.
FINDING: The modification to an existing wireless telecommunication tower will
not be detrimental or injurious to the property and improvements in the neighborhood or
the general welfare. The applicant is proposing to install three (3) replacement panel
antennas, three (3) microwave "backhaul" dishes, one new (1) GPS antenna, and one
new equipment cabinet at an existing wireless telecommunications facility. The wireless
telecommunication facility is located within the Southern California Edison Right of Way
and will not impact any of the existing uses. In addition, the wireless telecommunication
facility has operated without incident since 2001. The modifications to the existing
wireless telecommunications facility will not increase the size of the existing facility, nor
will it alter the existing visual environment of the surrounding area.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 01-827 (Modification), to allow the installation of three (3) replacement antennas,
three (3) new microwave "backhauP" dishes, and one new equipment cabinet at an
existing wireless telecommunications facility at 8500 Artson Street, 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
Planning Commission Meeting
January 19, 2010
Page 9 of 15
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 19th day of
January, 2010 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
Planning Commission Meeting
January 19, 2010
Page 10 of 15
EXHIBIT "B"
CONDITIONAL USE PERMIT 01-827 (MOD)
(APN: 5288-01-5029)
CONDITIONS OF APPROVAL
January 19, 2010
1. Conditional Use Permit 01-827 (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), one (1) new GPS antenna, and one
new equipment cabinet, to be developed in accordance with the plans
marked Exhibit "C", dated December 9, 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 01-827 (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 01-827 (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 01-827 (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
Planning Commission Meeting
January 19, 2010
Paoe 11 of 15
approved under the Rosemead Municipal Code for any violations of the
conditions imposed on this Conditional Use Permit.
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 prior to the issuance of building permits.
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 microwave "backhaul" dishes shall be painted
to match the existing antennas.
Planning Commission Meeting
January 19, 2010
Page 12 of 15
16. Violation of the conditions of approval may result in citation and/or the
initiation of revocation proceedings.
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January 19, 2010
Page 13 of 15
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Planning Commission Meeting
January 19, 2010
Paae 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: Sprin! Ncxtel
2. Facility Operator's Mailing Address: 6391 Sprint Parkway, Overland Pa;k YS 66251
3. Facility Operator's Contact Name/Title: property SPn»cPs
4. Facility Operator's Office Telephone: ROO -'157-7x,41
5. Facility Operator's Fax:
6. Facility Name: C -rOS5552
7. Facility Address: 8500 Artson St.
8. Facility City/Community: Rosemead
9. Facility State and Zip Code: CA. 91770
10. Latituder 34 07169200
11.
continue
10
Planning Commission Meeting
January 19, 2010
Paqe 15 of 15
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1):-Broadhand Persona ^ ^ ^°*iens
Service
13. Structure Type (free-standing or building/roof-mounted): Free-standing -
14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional
15. Height above ground of the lowest point of the antenna (in meters): 17 667 meters
16. ■ 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)•
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. 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