Loading...
PC - Item 4A - Conditional Use Permit 10-02 9117 E. Garvey AvenueROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JULY 19, 2010 SUBJECT: CONDITIONAL USE PERMIT 10 -02 9117 E. GARVEY AVENUE Summary Clearwire has submitted a conditional use permit application to modify an existing 53' -0" tall monopine wireless telecommunications facility to install one new ground- mounted equipment cabinet within a new equipment enclosure area adjacent to an existing equipment enclosure lease area and to add three new 4' -0" tall panel antennas and three new 2' -0" diameter parabolic microwave dishes at a height of 46' -0" on the existing monopine at 9117 E. Garvey Avenue in the C -3 (Medium Commercial) 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 10 -02 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 10 -02 and ADOPT Resolution No. 10 -22 with findings, and subject to the nineteen (19) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located on the north side of Garvey Avenue between Sullivan Avenue and the Garvey Bridge. The property is currently developed with two attached commercial structures built in 1936. One is occupied by C & C Building, Inc, a cabinet retail and wholesale establishment, and the other building is, occupied by a commercial printing and graphics design business. Planning Commission Meeting July 19, 2010 Page 2 of 16 The property can be accessed from Garrey Avenue from driveways on the west and east sides of the property. An alley that runs east -west located along the north property line provides additional vehicular access to the site. There are twenty two (22) parking spaces currently on the property. In addition to the existing 53 -foot tall monopine on the site, there is also an electrical power transmission tower on the east side of the property. On August 6, 2007, the Rosemead Planning Commission adopted Resolution No. 07 -42 approving Conditional Use Permit 06 -1066 for a new 53 -foot tall monopine wireless telecommunications facility to be located behind the commercial buildings on the west side of the property. The facility consists of twelve (12) antennas mounted at a height of 46 -feet on the tower on a set of three (3) interconnected sectors. Four antennas (each 4' -0" tall) are mounted on each sector attached to the monopine tower and camouflaged with faux pine branches. At the base of the monopine is an approximately 320 square foot equipment enclosure area. As part of the original approval for the monopine, several important upgrades to the property were required and completed. Vinyl siding on the east elevation of the building was replaced, landscaping was added on the east side of the building, the parapet wall on the east side of the building was modified to improve the appearance of the building, an existing roof sign was upgraded, flower pots were installed on the south (street) side of the building, and a new trash enclosure was constructed at the rear of the property. In addition to these improvements, a pine tree was planted on the north side of the equipment enclosure. Planning Division records indicate that no other entitlements have been approved for this property. Planning Commission Meeting July 19, 2010 Page 3 of 16 Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and is zoned C -3 (Medium Commercial). The site is surrounded by the following land uses: North: General Plan: Low Density Residential Zoning: R -1 (Single - Family Residential) Land Use: Single family homes South: General Plan: Mixed -Use: Residential /Commercial (60 du /ac) Zoning: C -3 (Medium Commercial with Design Overlay and Residential /Commercial Mixed -Use Development Overlay) Land Use: Garvey Community Center East: City of El Monte General Plan: N/A Zoning: N/A Land Use: Commercial establishments West: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial establishments Administrative Analysis The applicant is proposing to add a new antenna array at the 46 -foot elevation on the monopine with three sectors. Three (3) panel antennas (one per sector) measuring 4' -0" in height would be installed on the new array. The new panel antennas will be similar in shape and size to the existing antennas. The applicant is also proposing to install three (3) new microwave "backhaul" dishes (one dish per sector) on the new antenna array. These "backhaul" dishes are approximately two (2) feet in diameter and will provide new broadband services. In addition to the new equipment on the monopine, the applicant is proposing to add a new 56.29 square foot equipment enclosure area adjacent to the existing equipment enclosure area at the rear of the commercial building. A new equipment cabinet would be placed within the enclosure. The new equipment area would be located where an existing, approximately 10 -foot tall pine tree is located. This tree- was planted as a condition of approval for the original conditional use permit. The applicant proposes to relocate the pine tree into a new landscape area that would be located immediately adjacent to the new equipment enclosure area. The new landscape area with the relocated tree would be approximately 128 square feet, which would be double the size of the existing 64 square Planning Commission Meeting July 19, 2010 Paoe 4 of 16 foot landscape area. It is also important to note that this tree is not visible from the public right -of -way. A condition of approval has been incorporated to require the applicant to plant a replacement tree of similar size if the tree were not to survive transplantation after one year and that the transplantation be accomplished in a single day so the tree is not disturbed for more than is necessary. 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 location of the wireless telecommunication facility will not impact any of the existing uses and has operated without incident since 2007. The new antenna array on the existing monopine will not significantly alter the appearance of the site nor will it degrade the visual character of the area. The new Clearwire antenna array will be required to be painted to match the existing pole and faux branches. 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 (Exhibit G) that the FCC provides for local governments. This proposed telecommunications facility meets the Commission's exclusion criteria. Municipal Code Requirements On May 25, 2010, the Rosemead City Council adopted Ordinance No. 892, which enacted a comprehensive set of development standards for wireless telecommunications facilities. However, this application was submitted on March 31, 2010 and deemed complete before the new Wireless. Telecommunications Facilities ordinance went into affect on June 24, 2010. As a result, this application is subject to the regulations in place before Ordinance 892 became effective. Those regulations were contained in Section 17.112.020 of the Rosemead Municipal Code (RMC) which allowed "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 set 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. Planning Commission Meeting July 19, 2010 Paae 5 of 16 The site is designated in the General Plan as Commercial and developed with a two commercial buildings. 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 wireless telecommunications facility has operated without incident since its construction in 2007. 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 add a new antenna array with three new panel antennas and three new round "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility. The new equipment will be similar in size and shape to the existing antennas on the monopine. The monopine has been part of the visual landscape for approximately three years and the proposed modifications to the existing monopine will not increase the size of the existing facility, nor will it significantly 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 thirty -eight (38) 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. Planning Commission Meeting July 19, 2010 Page 6 of 16 Prepared by: Submitted by: Kilt Paul Garry a ong Senior Planner Community D EXHIBITS: A. Planning Commission Resolution No. 10 -22 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. Assessor Parcel Map (8595- 016 -001) E. Photo Simulations F. Cell Site Map G. RF Emissions Checklist ment Director Planning Commission Meeting July 19, 2010 Page 7 of 16 EXHIBIT "A" PC RESOLUTION 10 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 10 -02, FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 9117 E. GARVEY AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE. (APN: 8595 - 016 -001). WHEREAS, on March 31, 2010, Clearwire submitted a conditional use permit application to modify an existing 53' -0" tall monopine wireless telecommunications facility to install one new ground- mounted equipment cabinet within a new equipment enclosure area adjacent to an existing equipment enclosure lease area and to add three new 4' -0" tall panel antennas and three new 2' -0" diameter parabolic microwave dishes at a height of 46' -0" on the existing monopine, located at 9117 E. Garvey Avenue; and WHEREAS, 9117 E. 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 findings by which a Conditional Use Permit may be granted; and WHEREAS, on July 9, 2010, thirty -eight (38) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted Planning Commission Meeting July 19, 2010 Page 8 of 16 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 10- 02, and on July 9, 2010 notice was published in the San Gabriel Valley Tribune; and WHEREAS, on July 19, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 10 -02; 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 10 -02 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 10 -02 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 Commercial and developed with a two commercial buildings. 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 Communications Commission (FCC) with respect to personal communication services. Planning Commission Meeting July 19, 2010 Page 9 of 16 The existing wireless telecommunications facility has operated without incident since 2007. 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: 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 a new antenna array with three new panel antennas and three new round "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility. The new equipment will be similar in size and shape to the existing antennas on the monopine. The monopine has been part of the visual landscape for approximately three years and the proposed modifications to the existing monopine will not increase the size of the existing facility, nor will it significantly 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 10 -02, to allow the installation of a new antenna . array with three new 4' -0" tall panel antennas, three new 2' -0" diameter "backhaul" dishes, and one new equipment cabinet at an existing wireless telecommunications facility at 9117 E. 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 July 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 July, 2010. William Alarcon, Chairman Planning Commission Meeting July 19, 2010 Page 10 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 1 gth day of July, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: Wong, Secretary Planning Commission Meeting July 19, 2010 Page 11 of 16 EXHIBIT "B" CONDITIONAL USE PERMIT 10 -02 (APN: 8595- 016 -001) CONDITIONS OF APPROVAL July 19, 2010 1. Conditional Use Permit 10 -02 is approved for the installation of a three (3) 4' -0" tall panel antennas (one per sector), three (3) new 2' -0" diameter microwave "backhaul" dishes (one dish per sector), and one new equipment cabinet, to be developed in accordance with the plans marked Exhibit "C ", dated July 2, 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 10 -02 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 10 -02 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 10 -02 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. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead Planning Commission Meeting July 19, 2010 Paae 12 of 16 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. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. 16. The new panel antennas and round "backhaul" dishes shall be painted to match the existing antennas. Planning Commission Meeting July 19, 2010 Paoe 13 of 16 17. The applicant shall relocate the existing pine tree at the rear of the property into the new landscape area as depicted on the plans In Exhibit C, dated March 31, 2010. The transplantation shall be accomplished within a single day under the supervision of a licensed arborist. 18. 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 10 -02. 19. The developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties ten days prior to construction commencement and provide a copy of the notice to the Planning Division. Planning Commission Meeting July 19, 2010 Paae 14 of 16 EXHIBIT "D" M � N =2 0 WHIT iYhMTMCfiE C ST, ST, 9 r : ST i az O rYYY ��C$g�1,• PI @�@ y � A a mM z r \Z 111 SITE NI)'Itllr -; -�- , � '•�U�,i'<�u lip �m a .� df ;' ie b•''I� Cppq . R �� 0 2 /:�w oy.• / 1 Z GARVEY AVE. E T sew 9183 E �q. `a- 6ZI Planning Commission Meeting July 19, 2010 Page 15 of 16 EXHIBIT "G" 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 RE exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator's Legal Name: Clearwire 2. Facility Operator's Mailing Address: 4400 Carillon Point, Kirkland, WA 98033 3. Facility Operator's Contact Name /Title: Property Services 4. Facility Operator's Office Telephone: 425- 216 -7600 5. Facility Operator's Fax: 6. Facility Name: CA- LOS5567 7. Facility Address: 9117 Garvey Avenue 8. Facility City /Community: Rosemead 9. Facility State and Zip Code: CA 91770 10. Latitude: 34.06300000 11. continue Planning Commission Meeting July 19, 2010 Pace 16 of 16 Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1): Broadband Personal Communications Servic 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): 12.6667 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): 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: 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