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PC - Item 4A - Conditional Use Permit 09-07 at 7840 Garvey AvenueROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JUNE 7, 2010 SUBJECT: CONDITIONAL USE PERMIT 09-07 7840 GARVEY AVENUE Summary Cleanaire has submitted a Conditional Use Permit application requesting to co-locate an unmanned wireless telecommunications facility on an existing Cingular Wireless monopine tree, located at 7840 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 09-07 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. Staff Recommendation Staff recommends that the Planning Commission APPROVE Conditional Use Permit 09-07 and ADOPT Resolution No. 10-17 with findings, and subject to nineteen (19) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located at 7840 Garvey Avenue, on the southeast corner of Garvey Avenue and Brighton Street. The site is approximately 23,549 square feet and is currently developed with a two-story telephone switching station, owned by Pacific Bell. Planning Division records indicate that two (2) entitlements for wireless telecommunications facilities have been approved at the subject site. On September 16, 1996, the Planning Commission approved Conditional Use Permit 30 (Modification) for the installation of a "Pacific Bell Mobile Services" monopole and supporting equipment. On April 18, 2005, the Planning Commission approved Conditional Use Permit 05-997 for the installation of an unmanned wireless telecommunications facility consisting of a 56'-0" tall Cingular Wireless monopine and supporting equipment. Planning Commission Meeting June 7, 2010 Page 2 of 16 Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map, it is designated C-3 (Medium Commercial). The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: C-3; Medium Commercial Land Use: Medical Clinic South: General Plan: Commercial Zoning: P; Parking Land Use: Parking Lot East: General Plan: Commercial Zoning: C-3; Medium Commercial Land Use: Commercial Building/Parking Lot West: General Plan: Commercial Zoning: C-3; Medium Commercial Land Use: Market Northwest Elevation Planning Commission Meeting June 7, 2010 Paoe 3 of 16 Administrative Analysis The Planning Commission approved Conditional Use Permit 05-997 on April 18, 2005, for the installation of a 56'-0" tall unmanned wireless telecommunication facility. The approved project consisted of a wireless facility that resembled a live pine tree. The tree consists of twelve (12) 4'-0" tall panel antennas, two (2) 1'-4" tall Global Positioning Systems (GPS) antenna, one (1) 2'-0" diameter microwave dish, and equipment cabinets located inside a prefabricated concrete shelter. The antennas are screened with faux branches and a textured trunk to resemble a live tree, as shown in the photo on the previous page of this report. The applicant is proposing to co-locate an unmanned wireless telecommunication facility on an existing Cingular Wireless monopine. As illustrated on the architectural plans (attached as Exhibit "C"), the project will consist of three (3) 4'-0" tall panel antennas (one per sector), three (3) 2'-0" diameter microwave dishes (one per sector), one (1) 1'-4" tall GPS antenna, and one equipment cabinet located inside a 9'-0" X 9'-0" prefabricated concrete shelter. As illustrated on the photosimulations (attached as Exhibit "D"), the existing monopine replicates a pine tree with the antennas screened with faux branches and a textured trunk to resemble a live tree. The new ground-based leasehold space is located to the north of the existing Cingular Wireless leasehold space. The Clearwire equipment on the monopine will be located at a lower height than the Cingular Wireless equipment. The tops of the panel antennas are located at a height of 38'-0" and the center of the microwave dishes are located at a height of 36'-0" from the base of the monopine. As shown on the elevation drawings (attached as Exhibit "C"), there will be approximately 15-6" feet between Cingular Wireless antennas and Clearwire antennas. Clearwire is in the process of building a nationwide 4G mobile WiMAX network, bringing together a combination of speed and mobility for its users. The Clearwire network will consist of a number of individual wireless sites, each interconnected with neighboring sites. The majority of the Clearwire projects are proposed through co-locations or modifications of existing cell towers. A cell site map illustrating all approved cell towers in the City has been attached as Exhibit "F," including the Clearwire network. 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 (attached as Exhibit "E") that the FCC provides for local governments. This proposed telecommunications facility meets the Commission's exclusion criteria. Planning Commission Meeting June 7, 2010 Paae 4 of 16 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 project site is designated in the General Plan as Commercial and on the zoning map, it is designated C-3 (Medium Commercial). The proposed use is in conformity with the General Plan, in that C-3 zoning is a corresponding zone district with the commercial General Plan land use category. 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). • 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 existing Cingular Wireless telecommunications facility has operated without incident since 2005. • 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 co-location 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) panel antennas, three (3) microwave dishes, one (1) GPS antenna, and one new equipment cabinet located in a pre-fabricated concrete shelter. The existing Cingular Wireless telecommunications facility has operated without incident since 2005. The co-location to the existing wireless telecommunications facility will not alter the existing visual environment of the surrounding area. Planning Commission Meeting June 7, 2010 Page 5 of 16 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda includes a 300' radius public hearing notice to thirty publication in the San Gabriel Valley Tribune, and postings public locations and on the subject site. Prepared by: Lily Trinh Assistant Planner EXHIBITS: A. Planning Commission Resolution No. 10-17 B. Conditions of Approval C. Site Plan/Floor Plan/Elevations D. Photo Simulations E. RF Emissions Checklist F. Map of Existing Cell Sites G. Assessor Parcel Map (5284-038-800) bmitted Commu notification process, which six (36) property owners, of the notice at the six (6) Director Planning Commission Meeting June 7, 2010 Page 6 of 16 EXHIBIT "A" PC RESOLUTION 10-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 09-07, FOR THE CO- LOCATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING CINGULAR WIRELESS MONOPINE TREE, LOCATED AT 7840 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5284-038-800). WHEREAS, on August 25, 2009, Clearwire submitted an application to co-locate an unmanned wireless telecommunications facility on an existing Cingular Wireless Monopine tree, located at 7840 Garvey Avenue; and WHEREAS, 7840 Garvey Avenue is located in the C-3 (Medium Commercial) 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 May 27, 2010, thirty-six (36) 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 Planning Commission Meeting June 7, 2010 Page 7 of 16 the date, time and location of the special public hearing for Conditional Use Permit 09- 07, and on May 28, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on June 7, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 09-07; 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 09-07 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 09-07 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 project site is designated in the General Plan as Commercial and on the zoning map, it is designated C-3 (Medium Commercial). The proposed use is in conformity with the General Plan, in that C-3 zoning is a corresponding zone district with the commercial General Plan land use category. 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). 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 Planning Commission Meeting June 7, 2010 Paae 8 of 16 Communications Commission (FCC) with respect to personal communication services. The existing Cingular Wireless telecommunications facility has operated without incident since 2005. 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 co-location 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) panel antennas, three (3) microwave dishes, one (1) GPS antenna, and one new equipment cabinet located in a pre-fabricated concrete shelter. The existing Cingular Wireless telecommunications facility has operated without incident since 2005. The co-location to the existing wireless telecommunications facility will not alter the existing visual environment of the surrounding area. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 09-07, to allow the installation of three (3) panel antennas, three (3) microwave dishes, one (1) global positioning antenna, and one new equipment cabinet located at 7840 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 June 7, 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 7th day of June, 2010. Diana Herrera, Chairwomen Planning Commission Meeting June 7, 2010 Page 9 of 16 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 7th day of June, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary Planning Commission Meeting June 7, 2010 Page 10 of 16 EXHIBIT "B" CONDITIONAL USE PERMIT 09-07 (APN: 5284-038-800) CONDITIONS OF APPROVAL June 7, 2010 1. Conditional Use Permit 09-07 is approved to co-locate on an existing Cingular Wireless Monopine tree, to be developed in accordance with the plans marked Exhibit "C", dated June 1, 2010, 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 09-07 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 09-07 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 09-07 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. Conditional Use Permit 09-07 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit--including the conditions of approval--based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 09-07. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or Planning Commission Meeting June 7, 2010 Page 11 of 16 its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 9. The 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, .020, .030 and .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. 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. Outdoor storage of materials is not permitted. 15. The applicant shall adhere to all requirements and regulations of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. 16. 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 09-07. 17. All antennas and microwave dishes shall be re-painted green with a matte finish. 18. The color and texture of the new 9'-0" X 9'-0" equipment shelter shall match the Cingular Wireless pre-fabricated shelter. Three (3) coats of anti-graffiti coating Planning Commission Meeting June 7, 2010 Page 12 of 16 shall be applied to the shelter. 19. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. Planning Commission Meeting June 7, 2010 Page 13 of 16 EXHIBIT "E" Optional Checklist for Local Government To Determine Whether a Facility is Categorically Excluded Purpose: The FCC has determined that many wireless facilities are unlikely to cause human exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from routinely having to determine their compliance. These facilities are termed "categorically excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded facilities. This checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure in excess of the FCC's guidelines. Provision of the information identified on this checklist may also assist FCC staff in evaluating any inquiry regarding a facility's compliance with the RF exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator's Legal Name: Cleap-ire 2. Facility Operator's Mailing Address: 4400 Carillon Point, Kirkland, AIA 98033 3. Facility Operator's Contact Name/Title: Rrupez:ty Services 4. Facility Operator's Office Telephone: 475-716-7600 5. Facility Operator's Fax: 6. Facility Name: CA-i OS2040 7. Facility Address: 7840 Garvey Ave 8. Facility City/Community: Rosemead 9. Facility State and Zip Code: CA 91770 10. Latitude: 34 06700000 11. Longitude: -118 U9805000 continue 10 Planning Commission Meeting June 7, 2010 Pace 14 of 16 Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1):-Woadbana Personal Communications Service 13. Structure Type (free-standing or building/roof-mounted): Ex= -standing 14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional 15. Height above ground of the lowest point of the antenna (in meters): 11 13 meter.- 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 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- 2 1. 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. 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 e FCC's guidelines. "ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power Planning Commission Meeting June 7, 2010 Page 15 of 16 EXHIBIT "V R, 2 E! ir.-.,IA. n n 0 neor MOUnree 0 Monopole * SCE TOWer M..n.d ManoPlne Monppelm Cypress Tree C Clearwlre TAebr Av c: ii Planning Commission Meeting June 7. 2010 Page 16 of 16 EXHIBIT "G" - 528438 ~ a. rassz scut r - so- I GARVEY - AVE- 1992 .brie zeu ,n/// Fa I 60 W y J G Q C 1 JJI</Y" °6 F y 27 8 JJ °Mtt:T4~:[y I 1 ' o eR v C o a J n J l rf ~ K Q ' i G 1'1 \ U' I ll " v 37 r' A S t f- W p F~ ^ u N r @2 E COp: JO'4C. 60 y FAIRVIEW HEI GHTS TRACT - M. B. 6- 114-115 VQ S:y ICI Itry /SYT, 4f'. 1141-3p scf ~'rcc H~IAJJ .v ~ rn u ii-:rsc n c-+: M •)•Jr p~q+,el ltlYMal ~~YNJLI x O.OfrHNK m!rx/aY/n/ SITE PARCE], MAP P. M. 245.36 )tfit9rl ••I [tlPtl Et SQ IYEIES, Gtn.