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PC - Item 4B - Conditional Use Permit 08-08ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 15, 2008 SUBJECT: CONDITIONAL USE PERMIT 08-08 2244 WALNUT GROVE AVENUE Summary Verizon Wireless has submitted a Conditional Use Permit application requesting to co- locate an unmanned wireless telecommunications facility on an existing 75-foot tall T- Mobile monopine tree, located at 2244 Walnut Grove Avenue in the C-3 (Medium Commercial) zone. Environmental Determination: Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of the installation of small, new equipment in small structures. Accordingly, Conditional Use Permit 08-08 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. Municipal Code Requirements Section 17.112.020 (15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon granting of a Conditional Use Permit (CUP) by the Planning Commission. Rosemead Municipal Code Section 17.112.010 sets the following criteria required for granting such a permit. RMC criteria require that the proposed use be deemed: Essential or desirable to the public conveniences or welfare; In harmony with the elements or objectives of the General Plan, and; Not to be detrimental or injurious to surrounding properties. Staff Recommendation Staff recommends that the Planning Commission APPROVE Conditional Use Permit 08-08 for a period of six (6) months and adopt Resolution 08-31, subject to conditions outlined in Exhibit "B" attached hereto. Planning Commission Meeting December 15, 2008 Page 2 of 13 Property History and Description The subject site is located at the southeast corner of Walnut Grove Avenue and Rush Street. The subject site covers one (1) parcel and is developed as a Southern California Edison Substation, totaling approximately 126,324 square-feet (2.9 acres). Planning Division records indicate that Conditional Use Permit 05-1040 was approved on April 3, 2006, for the installation of an unmanned telecommunication facility consisting of a 76'-0" tall T-Mobile monopine with twelve (12) panel antennas, one (1) Global Positioning Systems (GPS) antenna, one (1) 2'-0" diameter microwave dish, and four (4) equipment cabinets located on a concrete pad at the base of the monopine within a 20'-0" by 25'-0" leasehold space. The leasehold space is surrounded by an 8'-0" chain link fence. Northeast Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Open Space and on the zoning map, it is designated C-3 (Medium Commercial). The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: C-3 (Medium Commercial) Land Use: Commercial Planning Commission Meeting December 15, 2008 Page 3 of 13 South: General Plan: Public Facilities Zoning: C-3 (Medium Commercial) Land Use: Utilities East: General Plan: Open Space Zoning: A-1 (Light Agriculture) Land Use: Golf Course West: General Plan: Commercial Zoning: C-3 (Medium Commercial) Land Use: Commercial Administrative Analysis The applicant is proposing to co-locate an unmanned wireless telecommunication facility on an existing T-Mobile monopine. The project will consist of twelve (12) panel antennas. The twelve (12) antennas will be mounted on the existing monopine in three (3) sectors of four (4) antennas each. The existing monopine replicates a pine tree with the antennas screened with faux branches and a textured trunk to resemble a live tree; similar to the existing pine trees already onsite. The four (4) equipment cabinets will be mounted on a concrete pad within a 20'-0" X 27'-0" leasehold area at the base of the tower. A new 9'-6" high chain-link fence enclosure will be installed around the leasehold area. As shown on the architectural drawings, this new leasehold space is located to the south of the existing T-Mobile leasehold space. The Verizon Wireless equipment on the monopine is located at different heights. The existing monopine is 75-0" in height, the tops of the antennas are located at a height of 61'-0" and the center of the antennas are located at a height of 58'-0" from the base of the monopine. As shown on the elevation drawings, there will be approximate six (6) feet between T-Mobile's antennas and Verizon Wireless's antennas. The proposed location of the wireless telecommunication facility will not impact any existing use. The proposed facility is unmanned and will operate 24 hours a day, 7 days a week. The federal and state governments set strict regulations to safeguard health and safety issues, and to insure that people living and residing in the area of a telecommunications facility are not affected. To verify that this proposed facility complies with the FCC limits for human exposure to radiofrequency (RF) electromagnetic fields, the Planning Division has completed the Evaluation of Categorical Exclusion Checklist that the FCC provides for local governments. This proposed telecommunications facility meets the Commission's exclusion criteria. Due to a growing number of cellular phone subscribers and increased usage in the Rosemead area, Verizon Wireless seeks to improve its existing network and expand coverage by adding this wireless facility. This addition will improve coverage and off-load Planning Commission Meeting December 15, 2008 Page 4 of 13 capacity of neighboring sites as well as improving voice and data transmission to Rosemead residents and commuters who travel along and around the surrounding roadways. Cnnnlucinn Staff finds the installation of the proposed unmanned wireless facility on an existing T- Mobile monopine to be consistent with the land uses in the general area, with no foreseeable negative impacts to the surrounding properties. The proposed wireless facility can take advantage of the tower's elevation while not impacting the functionality of the structure. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' property owner public hearing notice, and postings of the notice at the five (5) public locations and on the subject site. Prepared by: Lily Trinh Assistant Planner Submitted by: , Sheri Bermejo Acting Planning Services Manager EXHIBITS: A. Resolution 08-31 B. Conditions of Approval C. Site Plan/Floor Plan/Elevations D. RF Emissions Checklist E. Assessor Parcel Map (5281-029-800) F. Photo Simulations G. Map of Coverage Planning Commission Meeting December 15, 2008 Page 5 of 13 EXHIBIT "A" PC RESOLUTION 08-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 08-08, FOR THE CO-LOCATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING 75-FOOT TALL T-MOBILE MONOPINE TREE, LOCATED AT 2244 WALNUT GROVE AVENUE IN THE C-3; MEDIUM COMMERCIAL ZONE (APN: 5281-029- 800). WHEREAS, on October 13, 2008, Verizon Wireless submitted a Conditional Use Permit application for the co-location of an unmanned wireless telecommunications facility on an existing 75-foot tall T-Mobile monopine tree, located at 2244 Walnut Grove Avenue; and WHEREAS, 2244 Walnut Grove Avenue is located in the C-3; Medium Commercial Zone; and WHEREAS, Section 17.112.020 (15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding property; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on December 4, 2008, eight (8) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) 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 08-08; and Planning Commission Meeting December 15, 2008 Page 6 of 13 WHEREAS, on December 15, 2008, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 08-08; 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 08-08 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify denying Conditional Use Permit 08-08 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The conditional use permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: Staff finds this request is consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The applicant is proposing to co-locate an unmanned wireless telecommunications facility on an existing T-Mobile monopine that will consist of twelve (12) panel antennas and four (4) equipment cabinets mounted on a concrete pad within a 20'-0" X 27'-0" leasehold area at the base of the tower. Staff believes that the applicant has taken the appropriate measures to minimize impacts to the surrounding properties. The proposed wireless facility can take advantage of the tower's elevation, while not impacting the functuality of the structure. 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 as 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 Planning Commission Meeting December 15, 2008 Page 7 of 13 of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. C. The granting of such conditional use permit will not adversely affect the General Plan of the City. FINDING: The site is designated in the General Plan as Open Space. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will not be in conflict with established neighborhood districts. On the zoning map, it is designated as C-3 (Medium Commercial), which permits the construction of communication towers with approval of a Conditional Use Permit. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 08-08, to allow the co-location of an unmanned wireless telecommunications facility on an existing T-Mobile monopine at 2244 Walnut Grove 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 December 15, 2008, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 15th day of December, 2008. Daniel Lopez, 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 15th day of December, 2008 by the following vote: YES: Planning Commission Meeting December 15, 2008 Page 8 of 13 NO: ABSENT: ABSTAIN: Sheri Bermejo, Secretary Planning Commission Meeting December 15, 2008 Page 9of13 EXHIBIT "B" CONDITIONAL USE PERMIT 08-08 (APN: 5281-029-800) CONDITIONS OF APPROVAL December 15, 2008 1. Conditional Use Permit 08-08 is approved for the co-location of an unmanned wireless telecommunications facility on an existing T-Mobile monopine to be developed in accordance with the plans marked Exhibit "C", dated December 1, 2008 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 08-08 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 08-08 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30-calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 08-03 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Conditional Use Permit 08-08 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 08-08. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or Planning Commission Meeting December 15, 2008 Page 10 of 13 proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or any legal 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. Any new litter and graffiti shall be removed within twenty-four (24) hours. 12. No start-up generators shall be permitted onsite. 13. 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. 14. Safety standards developed by the American National Standards Institute (ANSI) shall be followed through all stages of construction and operation of this facility. 15. The applicant shall adhere to all requirements and regulations of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. 16. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. Planning Commission Meeting December 15, 2008 Page 11 of 13 EXHIBIT "D" Optional Checklist for Local Government To Determine Whether a Facility is Categorically Excluded Purpose: The FCC has determined that many wireless facilities are unlikely to cause human exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from routinely having to determine their compliance. These facilities are termed "categorically excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded facilities. This checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure in excess of the FCC's guidelines. Provision of the information identified on this checklist may also assist FCC staff in evaluating any inquiry regarding a facility's compliance with the RF exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator's Legal Name: Los Angeles SMSA Limited Partner'sla=p r1 7ariznn Wireless 2. Facility Operator's Mailing Address: 1-5505,0 an3zon A e St Fir Bldg fr;zine, C4 92618 3. Facility Operator's Contact Name/Title: Chrislal Canada• Project Manager 4. Facility Operator's Office Telephone: 949-996-2000 5. Facility Operator's Fax: None 6. Facility Name: PANDA 7. Facility Address: 2244 Walnut Grove Avenue 8. Facility City/Community: Rosemead 9. Facility State and Zip Code: California 91770 10. Latitude: 34 03' 02.61 "N 11. Longitude:? 18 04' 5-0.96" continue 01 Planning Commission Meeting December 15, 2008 Page 12 of 13 Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1):Cellular-Radio Telophene-Service 13. Structure Type (free-standing or building/roof-mounted): Free Standing 14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional 15. Height above ground of the lowest point of the antenna (in meters): 17 meters 16. Q Check if all of the following are true: (a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see question 12). (b) This facility will not be mounted on a building (see question 13). (c) The lowest point of the antenna will be at least 10 meters above the ground (see question 15). If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box 16 is not checked, continue to question 17. 17. Enter the power threshold for categorical exclusion for this service from the attached Table l in watts ERP or EIRP* (note: EIRP = (1.64) X ERP): 18. Enter the total number of channels if this will be an omnidirectional antenna, or the maximum number of channels in any sector if this will be a sectored antenna: Enter the ERP or EIRP per channel (using the same units as in question 17): 19. Multiply answer 18 by answer 19 20. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)? If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause exposure in excess of the FCC's guidelines. If the answer to question 21 is NO, this facility is not categorically excluded. Further investigation may be appropriate to verify whether the facility may cause exposure in excess of the FCC's guidelines. *"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power Planning Commission Meeting December 15, 2008 Page 13 of 13 EXHIBIT "E" 5281- 29 200 SCALE 1" = q00' G 14 J R ; / N t 181140.10-530C iAR2~ O PROJECT 52K79 SITE Q TRACT NO 701 M.B. I6-110-III TRACT N0.830 M B. 16 -117 TRACT N0997 M. B.17-54 1 I ( 28 ~9arta BO6 730114 tlOPEO/OD 7ab6069/S 7Y/10fJ00 OH~IJ-/g t00110" 5.11 20080!03 100BO1.H5M09/: 17 26 CODE 3920 14623 t 3946 14624 axv r/ 1 $~I $ A R 3980 , ; ,)<m , S 6,422 -F--- 3986 FOR PREY. ASSMT SEE! O ETAIL SCALE 5270.32,3134 31 Rn1enNA r ri. BK. - aJ 5271 ASSESSOR'S MAP FRWY. COUNTY OF LOS ANGELES, CALIF.