PC - 2010-27 - Approving Conditional Use Permit 10-06 for the Installation of New Antennas and Equipment for Wireless Telecommunication Facility at 8635 Grand AvenuePC RESOLUTION 10 -27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 10 -06, FOR THE
INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR A NEW
WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 8635
GRAND AVENUE IN THE O -S (OPEN SPACE) ZONE. (APN: 5389 -006-
807).
WHEREAS, on July 13, 2010, Clearwire submitted a Conditional Use Permit
application to construct a utility- mounted wireless telecommunications facility consisting
of five 4' -0" tall panel antennas and three new 2' -0" diameter "backhaul" microwave
dishes mounted on three sectors at a height of 75 feet on an existing 170 -foot tall
Southern California Edison (SCE) transmission tower. The project also includes the
installation of one new ground- mounted equipment cabinet within a new 144 square foot
equipment enclosure area directly beneath the tower, located at 8635 Grand Avenue;
and
WHEREAS, 8635 Grand Avenue is located in the O -S (Open Space) zone; and
WHEREAS, Section 17.112.030.33 of the Rosemead Municipal Code (RMC)
allows "Wireless Facilities, Wireless Transmission Devises, Support Structures, and
related Accessory Equipment..." in the O -S zone, upon the granting of a Conditional
Use Permit (CUP). Section 17.112.010 sets the following findings required for granting
such a permit:
A. The granting of such conditional use permit will be in harmony with the elements
or objectives of the General Plan.
B. 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
C. 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
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WHEREAS, on September 24, 2010, forty -one (41) notices were sent to property
owners within a 300 -foot radius from the subject property, in addition to notices posted
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in six (6) public locations and on -site, specifying the availability of the application, plus
the date, time and location of the public hearing for Conditional Use Permit 10 -06; and
on October 4, 2010 notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on October 4, 2010, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and -written testimony relative to
Conditional Use Permit 10 -06; 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 -06 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 -06 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 is
developed with electrical transmission towers and a landscape nursery. The proposed
use is in conformity with the General Plan, in that O -S (Open Space) zoning is a
corresponding zone district with the Public Facilities General Plan land use category.
Section 17.112.030.33 of the RMC allows "wireless facilities, Wireless Transmission
Devices, Support Structures and related equipment..." in certain zones upon the
granting of a Conditional Use Permit.
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.
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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 permit will not be injurious to the
property or improvements in the neighborhood or to the general welfare of the city.
FINDING: The establishment of a wireless telecommunications facility on an
existing 170 -foot tall SCE lattice 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 five panel antennas, three new round "backhaul" dishes, and one new
equipment cabinet on a site with four very tall lattice towers. The SCE lattice towers
have been part of the visual landscape for many years and the proposed addition of the
wireless equipment to one of the towers will not significantly alter the visual appearance
of the facility from surrounding area. Consequently, the proposed wireless 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 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 10 -06 according to the
findings of Chapter 17.82.070 of the Rosemead Municipal Code as follows:
A. The applicant has submitted all applicable information, documentation and
materials required under Section 17.82.060;
FINDING: The applicant has submitted a complete application for the proposed
use, including adequate descriptions of the property location, project description,
coverage and service objectives, maintenance and monitoring plans, disclosure of
removal costs, site plans and elevations, photo - simulations, a justification report, which
includes propagation maps showing the gap in service that the facilities is intended to
fill, documentation of FCC approvals, information about all other Clearwire facilities
serving the City of Rosemead, signal interference analysis, and an agreement to allow
co- location.
B. The Wireless Facility, Wireless Transmission Devices, and any Accessory
Equipment to be approved satisfies all applicable federal and state requirements and
standards as to the placement, construction, and design, as well as all federal and state
limits and standards concerning radio frequency emissions, signal interference with
consumer electronic products and /or public safety communications, and other
applicable operating and design standards;
FINDING: The applicant submitted a Radio Frequency Emission /Signal
Interference Report, prepared by a qualified RF engineer. This report documented that
the proposed wireless telecommunications facility will comply with all applicable
frequency and interference standards.
C. The proposal to be approved complies with all mandatory requirements
and restrictions of this Chapter; all applicable building and construction requirements of
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Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable
fire safety and fire prevention requirements set forth under the Rosemead Municipal
Code, County of Los Angeles Fire Code, and all applicable State fire safety and
prevention laws;
FINDING: The proposed project complies with all locational and operational
requirements of the RMC. The project is in the O -S (Open Space) zone, and even
though it is not required to be, is more than 1000 feet from another wireless facility
within the City of Rosemead. The proposed wireless facility is mounted on an existing
lattice tower, which is encouraged in the RMC over the construction of new monopoles.
As required by the RMC, the accessory equipment on the ground will be screened from
view by the construction of a concrete block wall. There will be no signs on the
proposed wireless facility. The facility is located more than 200 feet from any residential
uses so no special noise attenuation measures are required. The applicant submitted a
Radio Frequency Emission /Signal Interference Report, prepared by a qualified RF
engineer, which documented that the proposed wireless telecommunications facility will
comply with all applicable frequency and interference standards. Through the submittal
of building permits the applicant will provide documentation that the existing SCE lattice
tower is structurally capable of supporting the proposed antennas and related
equipment that will be mounted on the tower.
D. The applicant has made a good faith effort to identify, study and evaluate
less intrusive alternatives, including the use of less intrusive technologies and
equipment; alternative system designs; Alternative Siting Structure types; Alternative
Siting Structure design, including stealth designs; alternative scale or size of proposal;
and alternative siting options (e.g., alternative locations within the search ring, co-
location opportunities or placement upon Alternative Siting Structures);
FINDING: The applicant identified several gaps in service coverage in the City of
Rosemead between Del Mar Avenue and Temple City Boulevard. An area with an
approximately 1.5 mile diameter was identified by the applicant in this portion of the City
as having insufficient coverage from other planned Clearwire facilities. In order to close
the gap in coverage the applicant canvassed the area for buildings and structures with
sufficient height for the mounting of a wireless facility that could provide adequate
coverage and achieve a line -of -sight connection with other Clearwire wireless facilities,
which is required for their proposed network to operate. The Applicant has
demonstrated that no other suitable sites or structures are available to meet the service
needs in this part of the City.
The use of an existing SCE transmission tower is the least intrusive siting structure
available to provide service in this portion of Rosemead. Since there are four tall tower
structures on this site and the SCE transmission corridor is such a prominent visual
element in the community, the addition of relatively small antennas on one tower will be
less intrusive than an alternative of construction of a separate support structure for the
antennas at a different location within the same general service area.
V.
E. In comparison to other identified, studied, and evaluated alternatives that
are equally if not more capable of addressing the applicant's service objectives, the
proposal to be approved is the most consistent with the standards, goals, and objectives
of this Chapter and the Rosemead General Plan;
FINDING: The proposed project is the most consistent with the City's standards,
goals, and objectives for the siting of wireless telecommunications facilities of the
possible locations and alternatives studied because it makes use of an existing SCE
lattice tower to achieve the height necessary for the placement of the antenna array to
provide a line -of -sight connection to other Clearwire facilities as well as to provide the
maximum coverage possible from one location. Since there are no tall buildings in the
general service area a monopole would likely be required if the SCE lattice tower was
not available for use. Such other alternatives would introduce new visual clutter into the
area whereas the use of the existing SCE lattice tower reduces the potential visual
impact because the new wireless facility will be a small visual element on a large
structure that is surrounded by other large lattice towers.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 10 -06, to allow the construction of a utility- mounted wireless telecommunications
facility consisting of five 4' -0" tall panel antennas and three new 2' -0" diameter
"backhaul" microwave dishes mounted on three sectors at a height of 75 feet on an
existing 170 -foot tall Southern California Edison (SCE) transmission tower. The project
also includes the installation of one new ground- mounted equipment cabinet within a
new 144 square foot equipment enclosure area directly beneath the tower at 8635
Grand Avenue, subject to conditions listed in Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on October 4, 2010, by the following vote:
YES: ALARCON, ENG, HERRERA, RUIZ
NO: NONE
ABSENT: HUNTER
ABSTAIN: NONE
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 4th day of October, 2010.
William Alarcon, Chairman
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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 4 th day of
October, 2010 by the following vote:
YES: ALARCON, ENG, HERERRA, RUIZ
NO: NONE
ABSENT: HUNTER
ABSTAIN: NONE
tan Wkfig, Secretary
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EXHIBIT "B"
CONDITIONAL USE PERMIT 10 -06
(APN: 5389 - 006 -807)
CONDITIONS OF APPROVAL
October 4, 2010
1. Conditional Use Permit 10 -06 is approved for the construction of a utility -
mounted wireless telecommunications facility consisting of five 4' -0" tall panel
antennas and three new 2' -0" diameter parabolic microwave dishes mounted on
three sectors at a height of 75 feet on an existing 170 -foot tall Southern California
Edison (SCE) transmission tower. The project also includes the installation of
one new ground- mounted equipment cabinet within a new 144 square foot
equipment enclosure area directly beneath the tower, to be developed in
accordance with the plans marked Exhibit "C ", dated August 12, 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 -06 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 -06 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 -06 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
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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
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, including but not limited to FCC
standards for electromagnetic frequency radiation for Maximum Permissible
Exposure (MPE) for humans and non - ionized electromagnetic radiation (NIER)
standards.
15. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
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 10 -06.
17. 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.
18. The new panel antennas, round "backhaul" dishes, cables, and any other
equipment mounted on Southern California Edison lattice tower shall be painted
to match the existing tower. All exterior finishes shall be comprised of non -
reflective, glare reducing materials.
19. Pursuant to Section 17.82.060.13.11 of the Rosemead Municipal Code, prior to
the final building inspection, a Co- location Agreement, whereby the applicant
agrees to refrain from entering into any exclusive arrangements that would
prevent co- location of wireless telecommunications facilities on this site, must be
submitted to the Planning Division for review and approval.
20. Pursuant to Section 17.82.080.G of the Rosemead Municipal Code, lighting shall
not be permitted on the proposed project, except for any lighting that may be
required by the Federal Aviation Administration or other government agency with
superseding jurisdiction over lighting issues.
21. Pursuant to Section 17.82.080.1 of the Rosemead.Municipal Code, if any back -up
generators are provided, they shall only be operated during power outages and
for texting and maintenance purposes. Testing of such equipment shall not be
conducted on weekends or holidays, or between the hours of 10:00 p.m. and
7:00 a.m.
22. Pursuant to Section 17.82.080.J.6 of the Rosemead Municipal Code, prior to the
final building Division inspection, the applicant shall submit a post- construction
NIER /radio frequency radiation exposure test to show compliance with FCC
standards. The test shall be prepared by a licensed radio frequency engineer and
shall be submitted to the Planning Division for review and approval.
23. Pursuant to Section 17.82.080.J.7 of the Rosemead Municipal Code, the
applicant shall submit annual monitoring information to the Planning Division for
review and approval certifying ongoing compliance with FCC operating and
emission standards. The monitoring report shall be prepared by a qualified and
duly licensed radio frequency engineer and must be submitted annually within
thirty (30) days of the anniversary date of the approval of the Conditional Use
Permit.
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24. Pursuant to Section 17.82.080.K of the Rosemead Municipal Code, prior to the
final building inspection, the applicant shall procure a performance bond in the
amount equal to the reasonable estimated cost associated with removal of the
wireless facility and all corresponding accessory equipment covered by this
Conditional Use Permit. The performance bond must be reviewed and approved
by the Planning Division and the City of Rosemead must be named as the sole
beneficiary of the performance bond.
25. Pursuant to Section 17.82.090.K of the Rosemead Municipal Code, Prior to the
issuance of Building Permits, the plans must be revised to include a contact
information sign that must be placed on the accessory equipment enclosure. The
required sign must be installed prior to the final building inspection.
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