PC - Item 4A - Conditional Use Permit 10-07 - RCRC 3936 Mustacel AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 15, 2010
SUBJECT: CONDITIONAL USE PERMIT 10 -07
ROSEMEAD COMMUNITY RECREATION CENTER
3936 MUSCATEL AVENUE
Summary
Clearwire has submitted a Conditional Use Permit application to construct a wireless
telecommunications facility at the Rosemead Community Recreation Center, located at
3936 Muscatel Avenue in the O -S (Open Space) zone. The proposed facility consists of
six 4' -0" tall panel antennas and six 26" diameter parabolic microwave dishes mounted
on three sectors at a height of 55' -0" on a new 60' -0" tall cell tower designed to simulate
a pine tree. The project also includes the installation of one new ground- mounted
equipment cabinet, totaling 144 square feet, which will be constructed at the southeast
corner of the existing Rosemead Community Recreation Center building.
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 -07 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 -07 and ADOPT Resolution
No. 10 -34 with findings (Exhibit A), and subject to the twenty -seven (27) conditions
outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located on the east side of Muscatel Avenue, just south of Rosemead
City Hall, between Steele Street to the north and Guess Street to the south. The
property is owned by the City of Rosemead and developed with an 18,000 square foot
Planning Commission Meeting
November 15, 2010
Page 2 of 24
community recreation facility on a 2.75 acre) park site landscaped with turf and
approximately 34 mature trees.
Planning Division records indicate that no entitlements have been approved for this
property.
Photo - simulation of Proposed
View Looking east from
Site & Surrounding Land Uses
The project site is designated in the General PI
(Open Space). The site is surrounded by the fol
North:
General Plan:
Mixed -Use Resident
Zoning:
CBD (Central Busirn
RCMUDO (Residenti
Land Use:
Rosemead City Hall
Wireless Facility
Avenue
as Public Facilities and is zoned O -S
inn land uses:
Commercial (25 -30 du /ac)
District) and
;ommercial Mixed -Use Design Overlay)
South:
General Plan: Low Density Residei
Zoning: R -1 (Single - Family F
Land Use: Single- family homes
Planning Commission Meeting
November 15, 2010
Page 3 of 24
East:
General Plan
Zoning:
Land Use:
West:
General Plan
Zoning:
Land Use:
Low Density Residential
R -1 (Single - Family Residential)
Single- family homes
Low Density Residential
R -1 (Single - Family Residential)
Single- family homes
Administrative Analysis
The applicant, Clearwire, is proposing to install an unmanned wireless monopine
telecommunications facility designed to simulate a pine tree at the Rosemead
Community Recreation Center. The facility will consist of six 4' -0" tall panel antennas,
six 26" diameter parabolic microwave dishes, and one Global Positioning Systems
(GPS) antenna. As illustrated on the architectural plans and photo - simulations,
attached as Exhibits "C" and "D," the twelve antennas will be mounted on the proposed
monopine in three sectors. Each sector will have two panel antennas and two parabolic
microwave antennas. Each individual panel antenna measures approximately 1' -0"
wide.
The monopine measures 60' -0" tall and has been designed to have faux branches and
a textured trunk to resemble a live tree, similar to the existing trees already onsite. The
Clearwire equipment on the monopine will be installed at a height of 55 feet above the
ground. The sector arms and antenna support structures will have a matte green finish.
The proposed antennas will also be fitted with a pine needle sock to further camouflage
the equipment. To further enhance the site, two new 36" box Canary Island Pine trees
will be planted approximately 30' -0" south of the proposed facility to replace one
diseased Cockspur Coral tree which is scheduled for removal by the City of Rosemead.
One equipment cabinet is proposed near the southeast corner of the recreation building,
which will be enclosed within a 12' -0" X 12' -0" leasehold area at the base of the tree.
The equipment enclosure is planned as an addition to the recreation building, and will
consist of a 9' -5" tall brick wall constructed around the leasehold area. The enclosure
walls will match the existing recreation building's exterior in color and material. The
Planning Division and the City's Parks and Recreation Department has worked closely
with Clearwire to ensure that adverse visual impacts on the community are optimally
mitigated through the use of quality design elements.
The project complies with all locational and operational requirements of the Rosemead
Municipal Code. The project is in the O -S (Open Space) zone on real property
Planning Commission Meeting
November 15, 2010
Page 4 of 24
exclusively owned by the City of Rosemead, and } has been designed as a stealth facility.
There will be no signs on the proposed wireless facility.
According to Rosemead Municipal Code, if a w
of residential properties, noise mitigation measu
a level of 50 dBa measured at the property line.
than 200 feet residential uses, noise level mea
within Exhibit F. Clearwire uses HVAC units to
to the noise level data provided by Clearwire, t
5OdBA at seven feet away from the equipmei
decrease as the distance from the equipme
residence is approximately 100 feet from the p
measurements will be well below 5OdBA at the r
;less facility is located within 200 feet
!s shall be included to reduce noise to
Since the facility is located within less
Tres have been included in this report
fol their outdoor equipment. According
HVAC units measure approximately
enclosure and noise measurements
enclosure increases. The closest
posed facility. Therefore, noise level
;idential property lines.
The applicant submitted a Radio Frequency I 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.
Clearwire is in the process of building a nationm
together a combination of speed and mobility
consist of a number of individual wireless site:
sites. The applicant's supplemental informatio
with the wireless telecommunications regulatic
map illustrating all approved cell towers in the
including the Clearwire network. Clearwire ha
nine locations within the City of Rosemead an
that will provide service within the City.
le 4G mobile WiMAX network, bringing
r its users. The Clearwire network will
each interconnected with neighboring
required to demonstrate conformance
s is attached as Exhibit F. A cell site
;ity has been attached as Exhibit "G,"
applied for or obtained approvals for
five facilities outside of the City limits
The proposed location of the wireless telecomi
existing use. The proposed facility is unmanned
a week. The federal and state governments se
and safety issues, and to insure that people
telecommunications facility are not affected. To
with the FCC limits for human exposure to radiofr
Planning Division has completed the Evaluation o
H) that the FCC provides for local governments. 1
meets the Commission's exclusion criteria.
Ground License Agreement
Since the subject wireless facility is proposed
Rosemead, this application is also subject
agreement by the City Council. The provisions
term of five years, which may be extended for
agreement further proposes a license fee of $
iunications facility will not impact any
ind will operate 24 hours a day, 7 days
strict regulations to safeguard health
living and residing in the area of a
, erify that this proposed facility complies
quency (RF) electromagnetic fields, the
Categorical Exclusion Checklist ( Exhibit
tis proposed telecommunications facility
)n real property owned by the City of
f the approval of a ground license
f the draft agreement propose an initial
ree successive five year periods. The
000 per month, payable to the City of
Planning Commission Meeting
November 15, 2010
Page 5 of 24
Rosemead, which would be adjusted upward by fifteen percent upon the renewal of
each five year term. A conditional of approval of Conditional Use Permit 10 -07 has
been included to ensure that the City Council review and approve a license agreement
with Clearwire prior to the issuance of building permits. If approved, the funds
generated from this project would help offset both the maintenance of current parks
within the City to ensure that they continue to provide Rosemead residents the best
possible recreational opportunities, as well provide potential opportunities to establish
public parks and other useable open space areas in those parts of Rosemead
underserved by such facilities.
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. Pursuant to Section 17.112.030.33 of the Rosemead
Municipal Code (RMC), a Conditional Use Permit is required for the proposed utility -
mounted wireless telecommunications facility. Section 17.112.010 of the RMC sets the
following findings required for granting such a permit:
A. The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives of the General Plan.
The site is designated in the General Plan as Public Facilities and is developed
with an 18,000 square foot community recreation facility on a 2.75 acre park site
landscaped with turf and approximately 34 mature trees. 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. Furthermore, Section 17.112.030.33 of the RMC allows "Wireless
Facilities, Wireless Transmission Devices, Support Structures and related
equipment..." in the O -S (Open Space) zone, as well as on real property owned
by the City of Rosemead, 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 be detrimental to the health, safety, peace, morals,
comfort or general welfare of the persons residing or working in the
neighborhood thereof.
The proposed use will not endanger or otherwise constitute a menace to the
surrounding properties. Section 17.82.080(1) of the RMC requires noise
mitigation measures to be included in project proposals to reduce noise levels to
a level of 50dBA measured at the property line, when a facility is within 200 feet
of a sensitive source (residence, school, hospital, public facility). Since the
facility is located within less than 200 feet of residential uses, noise measures
were submitted for the HVAC units that are used to cool the proposed outdoor
equipment. According to the noise level data provided by Clearwire, the HVAC
units measure approximately 50dBA at seven feet away from the equipment
Planning Commission Meeting
November 15, 2010
Pape 6 of 24
enclosure and noise measurements decrease as the distance from the
equipment enclosure increases. The closest residence is approximately 100 feet
from the proposed facility. Therefore, noise level measurements will be well
below 50dBA at the residential property lines. 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. I
C. The granting of such a conditional use permit will not be detrimental or injurious
to the property and improvements in the neighborhood or the general welfare.
The establishment of a monopine wireless telecommunications facility at the
Rosemead Community Recreation Center will not be detrimental or injurious to
the property and improvements in the neighborhood or the general welfare. The
subject site is owned by the City of Rosemead and is developed with an 18,000
square foot community recreation facility on a 2.75 acre park site landscaped
with turf and approximately 34 maturel trees. The proposal of a cell tower
designed to simulate a pine tree is the lbest stealth design choice due to the
numerous trees onsite that will further camouflage the monopine. The facility is
proposed at the southeast corner of the community building, which is
approximately 250 feet from the Mucatel Avenue and 80 feet from the nearest
abutting residential property line. The equipment closure has also been carefully
designed to appear as an addition to the community building. The equipment
enclosure will be constructed to match the existing community building's exterior
in color and material. Furthermore, the proposed location of the wireless
telecommunications facility will not impact the existing community center use.
The planned 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. 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,
as well as provide the City with an alternative funding source for other park
improvements for Rosemead residents. I
In addition to the general Conditional Use Permit findings in the RMC, Section
17.82.070C. of the RMC sets the following specific findings required for granting such a
permit for a wireless telecommunications facility:
A. The applicant has submitted all applicable information, documentation and
materials required under Section 17.82.060.
Planning Commission Meeting
November 15, 2010
Page 7 of 24
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
facility 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.
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 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.
The proposed project complies with all locational and operational requirements of
the RMC. The project is located on real property exclusively owned by the City of
Rosemead in the O -S (Open Space) zone, and has been designed as a stealth
facility. As required by the RMC, the accessory equipment on the ground will be
screened from view by the construction of an equipment enclosure which will
look like a seamless addition to the existing Rosemead Community Recreation
Center building. The enclosure will match the community building's exterior in
color and material. There will be no signs on the proposed wireless facility.
Noise level measures have been submitted to ensure that noise levels do not
exceed 50dBA at the nearest abutting residential property line. 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.
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
Planning Commission Meeting
November 15, 2010
Paqe 8 of 24
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).
Clearwire is currently building a high speed wireless broadband network that
aims to provide coverage to the various business and residential communities in
the Greater Los Angeles Area. The proposed site at the Rosemead Community
Recreation Center will provide new in- building coverage to a section of the City of
Rosemead, specifically located in the area bounded by Mission Drive to the
north, Glendon Way to the south, Hart Avenue to the east, and Walnut Grove
Avenue to the west. Two additional candidates were considered for the service
area. A co- location was proposed on a 90' tall existing monopole located at the
southwest corner of Valley Boulevard and Muscatel Avenue, and a rooftop
modification with an available height ,of 30' was also considered at the
considered at this same alternative location. The rooftop proposal did not meet
the minimum coverage requirement due to the 30' height limitation. Furthermore,
the co- location on the 90' tall monopole did not allow for any stealth design
opportunities to mitigate visual impacts within the City's Central Business District.
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 a stealth
cell tower designed to resemble a live pine tree within an area currently
landscaped with over 30 mature trees is the least intrusive siting structure
available to provide service in this portion of Rosemead. To further enhance the
site, two new 36" box Canary Island Pine :trees will be planted approximately 30'-
0" south of the proposed facility to replace one diseased Cockspur Coral tree
which is scheduled for removal by the City of Rosemead.
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 con with the standards, goals, and
objectives of this Chapter and the Rosemead General Plan.
The proposed project is the most consist
objectives for the siting of wireless telec
locations and alternatives studied. The f
owned by the City of Rosemead in thi
permitted locations for wireless facilities
RMC. The two alternative locations we
impacts on the City's central business
coverage requirements. The proposed
resemble a live pine tree and will be
developed with over 30 mature trees.
trees will also be planted near the prop(
nt with the City's standards, goals, and
mmunications facilities of the possible
oposed site is located on real property
O -S (Open Space) zone, which are
according to Section 17.82.080 of the
not feasible due to potential visual
district and 'lack of minimum service
wireless facility has been designed to
located in a setting that is currently
"wo additional 36" Canary Island Pine
>ed facility to further enhance the site.
Planning Commission Meeting
November 15, 2010
Paoe 9 of 24
There are no other existing facilities in the general service area for co- location
opportunities. The only other zone in which wireless facilities are permitted is the
M -1 zone, and the nearest M -1 zoned properties too far (approximately one mile)
from the center of the proposed service area. Lastly, the proposal supports the
goals and objectives of the Rosemead General Plan. Goal No. 1 of the General
Plan's Resource Management Element dictates providing high - quality parks,
recreation, and open space facilities to meet the needs of all Rosemead
residents. The funds generated in accordance with an approved license
agreement between Clearwire and the City of Rosemead City Council would go
help offset the maintenance of current parks within the City to ensure that they
continue to provide Rosemead residents the best possible recreational
opportunities, as well as provide potential opportunities to establish public parks
and other useable open space areas in those parts of Rosemead underserved by
such facilities.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to sixty -eight (68) 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.
Prepared by:
Sheri Bermejo
Principal Planner
Submitted by:
1`
n ong
Community evelopment Director
EXHIBITS:
A. Planning Commission Resolution No. 10 -34
B. Conditions of Approval
C. Site Plan /Floor Plan /Elevations
D. Photo Simulations
E. Assessor Parcel Map (5390- 011 -903, 904, 905, 906, 907, 908, 909, 910, 911,
912, 913, 917, and 918)
F. Applicant's Supplemental information
G. Cell Site Map
H. RF Emissions Checklist
Planning Commission Meeting
November 15, 2010
Page 10 of 24
*7:Ilal1111iiL•W
lZ
A RESOLUTION OF THE PLANNING
ROSEMEAD, COUNTY OF LOS ANG
APPROVING CONDITIONAL USE
INSTALLATION OF NEW ANTENNAS
MONOPINE WIRELESS TELEG
LOCATED AT 3936 MUSCATEL AVEP
ZONE. (APNs: 5390 - 011 -903, 904, 90
912, 913, 917, and 918)
iUIICL!
OMMISSION OF THE CITY OF
LES, STATE OF CALIFORNIA
PERMIT 10 -07, FOR THE
WD EQUIPMENT FOR A NEW
MMUNICATIONS FACILITY,
IE IN THE O -S (OPEN SPACE)
906, 907, 908, 909, 910, 911,
WHEREAS, on July 26, 2010, Clearwi
application to construct a wireless telecom
Community Recreation Center, located at 3936
consists of six 4' -0" tall panel antennas and
dishes mounted on three sectors at a height
designed to simulate a pine tree. The project
ground- mounted equipment cabinet, totaling 1g
at the southeast corner of the existing Ro,
building; and
WHEREAS, 3936 Muscatel Avenue is
and
submitted a Conditional Use Permit
unications facility at the Rosemead
luscatel Avenue. The proposed facility
,ix 26" diameter parabolic microwave
55' -0" on a new 60' -0" tall cell tower
so includes the installation of one new
square feet, which will be constructed
mead Community Recreation Center
in the O -S (Open Space) zone;
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. I
B. The establishment, maintenance for 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 luse 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 Mun icipal Code authorize the Planning
Commission to approve, conditionally approve on deny conditional use permits; and
Planning Commission Meeting
November 15, 2010
Page 11 of 24
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 November 4, 2010, sixty -eight (68) 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 Conditional Use Permit 10 -07; and a
notice was published in the San Gabriel Valley Tribune; and
Planning Commission Meeting
November 15, 2010
Paqe 12 of 24
WHEREAS, on November 15, 2010,
noticed and advertised public hearing to rec(
Conditional Use Permit 10 -07; and
WHEREAS, the Rosemead Planning I
testimony presented to them in order to make
NOW, THEREFORE, BE IT RESOLVED
of Rosemead as follows:
Planning Commission held a duly
oral and written testimony relative to
mission has sufficiently considered all
following determination.
the Planning Commission of the City
SECTION 1 . The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 10 -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 10 -07 according to the
findings of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives of the General Plan. I
FINDING: The site is designated in the General Plan as Public Facilities and is
developed with an 18,000 square foot community recreation facility on a 2.75 acre park
site landscaped with turf and approximately 34 mature trees. 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. Furthermore,
Section 17.112.030.33 of the RMC allows "Wireless Facilities, Wireless Transmission
Devices, Support Structures and related equipment..." in the 0 -S (Open Space) zone,
as well as on real property owned by the City of Rosemead, upon the granting of a
Conditional Use Permit.
B. The establishment, maintenance dr 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 will not end
to the surrounding properties. Section 17.£
mitigation measures to be included in project pn
of 50dBA measured at the property line, when t
source (residence, school, hospital, public facil
less than 200 feet of residential uses, noise rr
units that are used to cool the proposed outdo
level data provided by Clearwire, the HVAC L
nger or otherwise constitute a menace
?.080(1) of the RMC requires noise
)osals to reduce noise levels to a level
facility is within 200 feet of a sensitive
y). Since the facility is located within
!asures were submitted for the HVAC
>r equipment. According to the noise
Zits measure approximately 50dBA at
Planning Commission Meeting
November 15, 2010
Page 13 of 24
seven feet away from the equipment enclosure and noise measurements decrease as
the distance from the equipment enclosure increases. The closest residence is
approximately 100 feet from the proposed facility. Therefore, noise level measurements
will be well below 50dBA at the residential property lines. 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 establishment of a monopine wireless telecommunications facility
at the Rosemead Community Recreation Center will not be detrimental or injurious to
the property and improvements in the neighborhood or the general welfare. The subject
site is owned by the City of Rosemead and is developed with an 18,000 square foot
community recreation facility on a 2.75 acre park site landscaped with turf and
approximately 34 mature trees. The proposal of a cell tower designed to simulate a pine
tree is the best stealth design choice due to the numerous trees onsite that will further
camouflage the monopine. The facility is proposed at the southeast corner of the
community building, which is approximately 250 feet from the Mucatel Avenue and 80
feet from the nearest abutting residential property line. The equipment closure has also
been carefully designed to appear as an addition to the community building. The
equipment enclosure will be constructed to match the existing community building's
exterior in color and material. Furthermore, the proposed location of the wireless
telecommunications facility will not impact the existing community center use. The
planned 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. 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, as well as provide the City with an alternative funding
source for other park improvements for Rosemead residents.
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 10 -07 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,
Planning Commission Meeting
November 15, 2010
Page 14 of 24
coverage and service objectives, maintenanc
removal costs, site plans and elevations, photo
includes propagation maps showing the gap in
documentation of FCC approvals, information a
the City of Rosemead, signal interference an
location.
B. The Wireless Facility, Wireless
Equipment to be approved satisfies all appl
standards as to the placement, construction,
limits and standards concerning radio freq
consumer electronic products and /or p(,
applicable operating and design standards;
and monitoring plans, disclosure of
nulations, a justification report, which
rvice that the facility is intended to fill,
ut all other Clearwire facilities serving
'sis, and an agreement to allow co-
lsmission Devices, and any Accessory
le federal and state requirements and
design, as well as all federal and state
:y emissions, signal interference with
safety communications, and other
FINDING: The applicant submitted 'a Radio Frequency Emission /Signal
Interference Report, prepared by a qualified RFengineer. This report documented that
the proposed wireless telecommunications facility will comply with all applicable
frequency and interference standards.
C. The proposal to be approved co
and restrictions of this Chapter; all applicable b
Title 15 (Buildings and Construction) of the Rc
fire safety and fire prevention requirements si
Code, County of Los Angeles Fire Code, ai
prevention laws;
plies with all mandatory requirements
Iding and construction requirements of
smead Municipal Code and applicable
forth under the Rosemead Municipal
I all applicable State fire safety and
FINDING: The proposed project comF
requirements of the RMC. The project is locate
the City of Rosemead in the 0 -S (Open Spa(
stealth facility. As required by the RMC, the aci
screened from view by the construction of an e(
seamless addition to the existing Rosemead
The enclosure will match the community buildin
will be no signs on the proposed wireless fac
submitted to ensure that noise levels do not
residential property line. The applicant submit
Interference Report, prepared by a qualified R
proposed wireless telecommunications facility
and interference standards.
es with all locational and operational
on real property exclusively owned by
a) zone, and has been designed as a
)ssory equipment on the ground will be
jipment enclosure which will look like a
ommunity Recreation Center building.
's exterior in color and material. There
ity. Noise level measures have been
=eed 50dBA at the nearest abutting
A a Radio Frequency Emission /Signal
engineer, which documented that the
ill comply with all applicable frequency
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;
Planning Commission Meeting
November 15, 2010
Page 15 of 24
and alternative siting options (e.g., alternative locations within the search ring, co-
location opportunities or placement upon Alternative Siting Structures);
FINDING: Clearwire is currently building a high speed wireless broadband
network that aims to provide coverage to the various business and residential
communities in the Greater Los Angeles Area. The proposed site at the Rosemead
Community Recreation Center will provide new in- building coverage to a section of the
City of Rosemead, specifically located in the area bounded by Mission Drive to the
north, Glendon Way to the south, Hart Avenue to the east, and Walnut Grove Avenue to
the west. Two additional candidates were considered for the service area. A co- location
was proposed on a 90' tall existing monopole located at the southwest corner of Valley
Boulevard and Muscatel Avenue, and a rooftop modification with an available height of
30' was also considered at the considered at this same alternative location. The rooftop
proposal did not meet the minimum coverage requirement due to the 30' height
limitation. Furthermore, the co- location on the 90' tall monopole did not allow for any
stealth design opportunities to mitigate visual impacts within the City's Central Business
District.
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 a stealth cell
tower designed to resemble a live pine tree within an area currently landscaped with
over 30 mature trees is the least intrusive siting structure available to provide service in
this portion of Rosemead. To further enhance the site, two new 36" box Canary Island
Pine trees will be planted approximately 30' -0" south of the proposed facility to replace
one diseased Cockspur Coral tree which is scheduled for removal by the City of
Rosemead.
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. The proposed site is located on real
property owned by the City of Rosemead in the O -S (Open Space) zone, which are
permitted locations for wireless facilities according to Section 17.82.080 of the RMC.
The two alternative locations were not feasible due to potential visual impacts on the
City's central business district and lack of minimum service coverage requirements.
The proposed wireless facility has been designed to resemble a live pine tree and will
be located in a setting that is currently developed with over 30 mature trees. Two
additional 36" Canary Island Pine trees will also be planted near the proposed facility to
further enhance the site. There are no other existing facilities in the general service
area for co- location opportunities. The only other zone in which wireless facilities are
permitted is the M -1 zone, and the nearest M -1 zoned properties too far (approximately
Planning Commission Meeting
November 15, 2010
Paae 16 of 24
one mile) from the center of the proposed service area. Lastly, the proposal supports
the goals and objectives of the Rosemead General Plan. Goal No. 1 of the General
Plan's Resource Management Element dictates providing high - quality parks, recreation,
and open space facilities to meet the needs of all Rosemead residents. The funds
generated in accordance with an approved license agreement between Clearwire and
the City of Rosemead City Council would help offset the maintenance of current parks
within the City to ensure that they continue toy provide Rosemead residents the best
possible recreational opportunities, as well as provide potential opportunities to
establish public parks and other useable open space areas in those parts of Rosemead
underserved by such facilities.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 10 -07, to allow the construction of a wireless telecommunications facility
consisting of six 4' -0" tall panel antennas and six 26" diameter "backhaul" microwave
dishes mounted on three sectors at a height of 55 feet on a 60' -0" monopine facility. 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
3936 Muscatel 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 November 15, 2010, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 5 . The secretary shall cei
shall transmit copies of same to the applicant
to the adoption of this resolution and
i the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED,
s 15 day of November, 2010.
William Alarcon. Chairman
Planning Commission Meeting
November 15, 2010
Page 17 of 24
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 15 day of
November, 2010 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
Planning Commission Meeting
November 15, 2010
Paqe 18 of 24
EXHIBIT
CONDITIONAL USE PERMIT 10 -07
(APNs: 5390 - 011 -903, 904, 905, 906, 907, 908,
909, 910, 911, 912, 913, 917, and 918)
CONDITIONS OF .A
November 15,
1
Conditional Use Permit 10 -07 is approv
wireless telecommunications facility con .
and six 26" diameter parabolic microwave
height of 55 feet on a 60' -0" monopine
installation of one new ground- mounted
square foot equipment enclosure are<
developed in accordance with the plans
2010, and photographic simulations. An)
be resubmitted for review and approve
Division.
2. Approval of Conditional Use Permit 10
until the applicant has filed with the City
that he /she is aware of and accepts all
in the letter of approval and this list of
Planning Commission approval date.
3.
9
5.
Conditional Use Permit 10 -07 is approve
applicant shall commence the proposed
calendar days prior to expiration. The sip
be effective from the Planning Commissi
this petition, project commencement shall
process with the Planning and Building I
abandoned. If Conditional Use Permit 1
discontinued for a period of six (6) month:
The Planning Commission hereby
approve minor modifications to the
The Conditional Use Permit is granted or
Commission and City Council retaining a
review and to modify the permit-- includir
changed circumstances. Changed circun
the modification of the use, a change in
use, or the expansion, alteration, rec
reservation of right to review is in additic
N
/_1I
d for the construction of a monopine
sting of six 4' -0" tall panel antennas
dishes mounted on three sectors at a
ructure. The project also includes the
equipment cabinet within a new 144
directly beneath the tower, to be
larked Exhibit "C ", dated November 1,
revisions to the approved plans must
by the City of Rosemead Planning
shall not take effect for any purpose
Rosemead a notarized affidavit stating
the conditions of approval as set forth
editions, within ten (10) days from the
i for a period of six (6) months. The
se or request an extension within 30-
(6) months initial approval period shall
)n approval date. For the purpose of
be defined as beginning the permitting
ivisions, so long as the project is not
1 -07 has been unused, abandoned or
it shall become null and void.
s the Planning Division to make or
Plans where necessary.
)proved with the City and its Planning
reserving the right and jurisdiction to
the conditions of approval - -based on
antes include, but are not limited to,
ope, emphasis, size, or nature of the
figuration, or change of use. This
to, and not in lieu of, the right of the
Planning Commission Meeting
November 15, 2010
Paoe 19 of 24
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
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, a ground license agreement shall be
reviewed and approved by the Rosemead City Council.
9. 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.
10. Prior to the issuance of a Building Permit, a final landscape and irrigation plan
shall be submitted to the Planning Division for review and approval. The new
irrigation proposed shall contain a flow control device to increase or decrease
gallons per minute.
11. 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.
12. 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.
13. 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.
14. 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.
Planning Commission Meeting
November 15, 2010
Page 20 of 24
15. Safety standards shall conform to Fe
stages of construction and operation of
16. The applicant shall adhere to all require
Utilities Commission (PUC) and the Fec
with respect to personal communication
standards for electromagnetic frequer
Exposure (MPE) for humans and non -
standards.
17. Violation of the conditions of approval
revocation proceedings.
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 -07.
ally- recognized standards through all
facility.
nts and regulations of both the Public
I Communications Commission (FCC)
vices, including but not limited to FCC
radiation for Maximum Permissible
zed electromagnetic radiation (NIER)
result in citation and /or the initiation of
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.
20. The new panel antennas, round "backha,ul" dishes, support arms, sectors, and
any other equipment mounted on monopine shall be painted to resemble a live
pine tree. All exterior finishes shall be comprised of non - reflective, glare reducing
materials.
21
Pursuant to Section 17.82.060.6.11 of
the final building inspection, a Co -loc
agrees to refrain from entering into
prevent co- location of wireless telecoms
submitted to the Planning Division for re
e Rosemead Municipal Code, prior to
m Agreement, whereby the applicant
r exclusive arrangements that would
nications facilities on this site, must be
w and approval.
22.
23
Pursuant to Section 17.82.080.G of the
not be permitted on the proposed pro .
required by the Federal Aviation Admin
superseding jurisdiction over lighting iss
Pursuant to Section 17.82.080.1 of the Rc
generators are provided, they shall only
for testing and maintenance purposes.
conducted on weekends or holidays, or
7:00 a.m.
emead Municipal Code, lighting shall
except for any lighting that may be
ion or other government agency with
nead Municipal Code, if any back -up
operated during power outages and
Ling of such equipment shall not be
tween the hours of 10:00 p.m. and
24. 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
Planning Commission Meeting
November 15, 2010
Page 21 of 24
standards. The test shall be prepared by a licensed radio frequency engineer and
shall be submitted to the Planning Division for review and approval.
25. 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.
26. 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.
27. 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.
Planning Commission Meeting
November 15, 2010
Paae 22 of 24
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