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PC - 2010-30 - Allowing the modification of wireless Telecommunication Facility located at 888 Montebello BlvdPC RESOLUTION 10 -30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 10 -06 ALLOWING THE MODIFICATION TO AN EXISTING WIRELESS TELECOMMUNICATION FACILITY LOCATED AT 888 MONTEBELLO BOULEVARD, IN THE C3 -D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 5271-002-061/63). WHEREAS, on September 16, 1996 the Rosemead Planning Commission approved Resolution 96 -53 that approved Condition Use Permit 96 -683, subject to conditions of approval for a wireless telecommunication facility, at 888 Montebello Boulevard; and WHEREAS, on September 17, 2009, Sprint Nextel submitted a Modification application requesting to modify an existing wireless telecommunication facility, previously approved under Conditional Use Permit (CUP 96 -683), by adding one (1) new panel antenna and one (1) new microwave "backhaul" dish onto each of the three (3) existing antenna arrays and new mechanical equipment to be located within existing cabinets. and WHEREAS, 888 Montebello Boulevard, is located in the C -3D (Medium Commercial with Design Overlay) zone; and WHEREAS, Section 17.112.030(32) of the Rosemead Municipal Code (RMC) allows "Wireless Facilities, Wireless Transmission Devices, Support Structures, and related Accessory Equipment' 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 17.82.050(A) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.82.070(C) of the Rosemead Municipal Code specifies the findings by which a Conditional Use Permit may be granted; and WHEREAS, in addition to the general findings required for the issuance of a Conditional Use Permit, Rosemead Municipal Code Section 17.82.070(C) states that the Planning Commission, or on appeal the City Council, shall make the following findings required for the granting of a conditional use permit for a Wireless Telecommunication Facility. A. The applicant has submitted all applicable information, documentation and materials required under Section 17.82.060; B. The Wireless Facility, Wireless Transmission Devices, and the Accessory Equipment to be approved satisfies all applicable federal and state requirements and standards as to the placement, construction, 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. C. The proposal to be approved complies with all mandatory requirements and restrictions of the Chapter; all applicable building construction requirements of 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. 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 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). 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. WHEREAS, on October 8, 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 public hearing for Modification 10 -06, and on October 8, 2010 a notice was published in the San Gabriel Valley Tribune; and WHEREAS, on October 18, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 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 Modification 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 Modification 10 -06 according to the findings of Chapter 17.112.110'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 is developed with a four story hotel. The existing wireless facility is located on the rooftop of the hotel. Wireless facilities are permitted uses upon the approval of a conditional use permit, as specified Section 17.112.030 in the Rosemead Zoning Code. The use is in conformity with the General Plan, in that the C -31D (Medium Commercial with a Design Overlay) zone is a corresponding zoning district with the Commercial General Plan land use category. 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. 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 existing wireless facility is located on the roof top of the four story hotel. The addition of these antennas is consistent with the operation of the wireless facility and will not further impact the neighborhood. Only one panel antenna will be visible from view. All other equipment associated with this request will be located on the rooftop but will not be visible from view. Consequently, the proposed new equipment 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 FINDS AND DETERMINES that facts do exist to justify approving Modification 10 -06 according to the findings of Chapter 17.82,070(C) 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 project, 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, and a signal interference analysis. B. The Wireless Facility, Wireless Transmission Devices, and the Accessory Equipment to be approved satisfies all applicable federal and state requirements and standards as to the placement, construction, 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 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 1996. Lastly, the applicant submitted a Radio Frequency Emission /Signal Interference Report, prepared by a qualified RF engineer. The report documented that all proposed wireless telecommunication facility will comply with all applicable frequency and interference standards. C. The proposal to be approved complies with all mandatory requirements and restrictions of the Chapter; all applicable building construction requirements of 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 Rosemead Municipal Code. Although the project is located in the C -31D zone, it consists of a co- location. RMC Section 17.82.080(2)(c) states that any wireless facilities, wireless transmission devices, support structures or accessory equipment existing as of the effective date of Ordinance No. 892 shall not be deemed to be nonconforming for purposes of co- location. Furthermore, the RMC encourages co- locations over the construction of new monopoles. As required by the RMC, the accessory equipment will be screened from view. The applicant is proposing to locate the new mechanical equipment inside the existing equipment cabinets, within the existing Sprint Nextel lease area. No additional equipment cabinets will be installed as part of this project. The facility is located more then 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 new equipment will comply with all applicable frequency and interference standards. This project will comply with all mandatory requirements and restrictions set forth in Title 15 of Rosemead Municipal Code and all fire safety and prevention requirements set forth in Los Angeles County Fire Codes. 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 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: This project consists of a modification to an existing rooftop facility and is not a new wireless facility. The applicant submitted documentation specifying that they have studied alternative sites in order to determine this site as the least intrusive site to meet their project objectives. The co- location on an existing rooftop facility is the least intrusive siting structure available to provide service in this portion of Rosemead. Only one panel antenna will be visible from public view. This panel antenna will be mounted to the exterior of the parapet at a height of approximately 60 feet above ground. All other equipment will be screened behind an existing parapet wall and inside existing equipment enclosures. 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 applicant is requesting to modify an existing wireless facility located on the roof top of a four story hotel to co- locate one (1) new 4' -0" tall panel antenna and one (1) new 2' -2" diameter microwave dish on three (3) existing. antenna sectors. 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 studies because it makes use of an existing roof - mounted wireless telecommunication facility 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. This use is consistent with the City's goals and objectives set forth in the Municipal Code and General Plan, where new equipment is co- locating on an existing facility and no additional impacts to the site are proposed. SECTION 4 . The Planning Commission HEREBY APPROVES Modification 10- 06, to allow the modification of CUP 96 -863 to install three (3) new 4' -0" panel antennas and three (3) new 2' -0" diameter "backhaul" microwave dishes on three (3) existing antenna sectors and new mechanical equipment to be located within existing equipment cabinets on the roof top of an existing building, located at 888 Montebello Boulevard, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on October 18, 2010, by the following vote: YES: Alarcon, Eng, Herrera, Hunter, Ruiz NO: None ABSENT: None 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 18th day �off October, 2010. William Alarcon, Chairman 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 18 day of October, 2010 by the following vote: YES: Alarcon, Eng, Herrera, Hunter, Ruiz NO: None ABSENT: None ABSTAIN: None ' Sheri Bermejo, Se etary EXHIBIT "B" MODIFICATION 10 -06 (APN: 5271-002-061/63) CONDITIONS OF APPROVAL October 18. 2010 1. Modification 10 -06 is approved for the installation one (1) new panel antenna and one (1) new microwave "backhaul" dish onto each of the three (3) existing antenna sectors, as well as the installation of new mechanical equipment within the existing equipment cabinet, to be developed in accordance with the plans marked Exhibit "C ", dated September 12, 2010, and photographic simulations dated September 12, 2010. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 2. Approval of Modification 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. Modification 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 Modification 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. Modification 10 -06 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 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 new panel antennas and "backhaul" microwave dishes shall be painted to match the existing antennas. All exterior finishes shall be comprised of non - reflective, glare reducing materials. 9. Pursuant to Section 17.82.060.B.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. 10. 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. 11. 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 testing 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. 12. 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. 13. 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 Modification Permit. 14. 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 Modification 10 -06. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Safety standards shall conform to Federally- recognized standards through all stages of construction and operation of the facility. 22. 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. 23. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period for Modification 10 -06. 24. 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. 25. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.