PC - Item 4A - Conditional Use Permit 11-02 Garvey Park at 7933 Emerson PlaceTO: THE HONORABLE VICE- CHAIRWOMAN AND MEMBERS OF THE
ROSEMEAD PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MAY 16, 2011
SUBJECT: CONDITIONAL USE PERMIT 11 -02
GARVEY PARK
7933 EMERSON PLACE
Summary
Metro PCS Networks CA, LLC has submitted a Conditional Use Permit application to
construct a wireless telecommunications facility consisting of six (6) panel antennas
installed within a 70' -0" tall ball field light standard, one (1) GPS antenna, one (1)
microwave dish, and five (5) equipment cabinets, located at Garvey Park (7933
Emerson Place), in the O -S (Open Space) zone. For aesthetic purposes and potential
future use, a second light standard is also proposed at the City's request as detailed
below.
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 11 -02 is classified
as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore
exempt from further environmental analysis.
Staff Recommendation
Based on the analysis and findings contained in this report, staff recommends that the
Planning Commission APPROVE Conditional Use Permit 11 -02 and ADOPT Resolution
No. 11 -07 with findings (Exhibit A), and subject to the twenty -nine (29) conditions
outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located on the north side of Emerson Place, between Del Mar
Avenue and Kelburn Avenue. The property is owned by the City of Rosemead and is
developed with a park that includes baseball fields, tennis courts, and other recreational
facilities.
Planning Commission Meeting
May 16, 2011
Page 2 of 22
Planning Division records indicate that no entitlements have been approved for this
property.
View from East Looking West
Site & Surrounding Land Uses
The project site is designated in the General Plan as Open Space and is zoned O -S
(Open Space). The site is surrounded by the following land uses:
North:
General Plan: Medium Density Residential
Zoning: R -2 (Light Multiple Residential)
Land Use: Single- Family Residential
South:
General Plan: Medium Density Residential
Zoning: R -2 (Light, Multiple Residential)
Land Use: Single - Family Residential
East:
General Plan: Medium Density Residential
Zoning: R -2 (Light Multiple Residential)
Land Use: Single - Family Residential
West:
General Plan: Medium Density Residential
Zoning: R -2 (Light Multiple Residential)
Land Use: Single - Family Residential
Planning Commission Meeting
May 16, 2011
Page 3 of 22
Administrative Analysis
The proposed project is located at the Garvey Park baseball field, adjacent to the
Garvey Park Gymnasium. The applicant is proposing to remove and replace two (2)
existing 51' -0" tall baseball field light poles located along the west and south side of the
baseball field (labeled as "B1" and "B2" in the diagram below) and to install an
unmanned wireless telecommunications facility on "B1" and a unmanned wireless
telecommunications facility on "132" for future use as requested by the City. The proposed
facility will consist of six (6) 4' -9" tall panel antennas, one (1) 2' -0" microwave dish, and
one Global Positioning Systems (GPS) antenna. As illustrated on the architectural
plans and photo - simulations, attached as Exhibits "C" and "D," the six (6) panel
antennas will be stacked and mounted inside the new light pole in six (6) sectors. Each
individual panel antenna measures approximately 1' -0" wide. The microwave dish will
be installed on the exterior of the light pole on the east elevation. The five (5) equipment
cabinets will be located within a 15' -0" by 22' -0" extension to the existing equipment/snack
bar building adjacent to the baseball field. Six (6) Musco light fixtures will be mounted on
the light pole.
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Light Pole Locations
The unmanned wireless telecommunications facility measures 70' -0" tall. The
equipment on the light pole will be located at different heights on the pole. The center of
the top panel antennas are located at a height of 65' -0 ", the center of the bottom panel
antennas are located at a height of 59' -3" and the center of the microwave dish is located
at a height of 54' -0" above ground level.
Planning Commission Meeting
May 16, 2011
Paoe 4 of 22
The applicant is proposing to construct a 15' -0" by 22' -0" extension to the existing
equipment/snack bar building to the west of the baseball field to accommodate the five
(5) new equipment cabinets. Staff has added a condition of approval, requiring that the
building extension match the existing equipment /snack bar building in color, texture,
materials, and roofline.
In conjunction with this project, the City will be removing and replacing the four (4)
remaining light poles (labeled as "Al, A2, C1, and C2" in the diagram above) with new
Musco light poles. The Planning Division and the City's Parks and Recreation
Department has worked closely with Metro PCS 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
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. The facility is located more
than 200 feet from any residential uses so no special noise attenuation measures are
required.
The applicant submitted a Radio Frequency Emission /Signal Interference Report,
prepared by a qualified RF engineer, which documented that the proposed wireless
telecommunications facility will comply with all applicable frequency and interference
standards.
The applicant's supplemental information, required to demonstrate conformance with
the wireless telecommunications regulations, is attached as Exhibit "E ". A cell site map
illustrating all approved cell towers in the City, including the proposed Metro PCS
unmanned wireless telecommunications facility, has been attached as Exhibit "F, ".
The proposed unmanned wireless telecommunications facility will not significantly alter the
appearance of the site nor will it degrade the visual character of the area. The six (6)
panel antennas will be installed inside the light pole.
The proposed location of the wireless telecommunications 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 residing in the area of a telecommunications
facility are not affected. To verify that this proposed facility complies with the FCC limits
for human exposure to radiofrequency (RF) electromagnetic fields, the Planning Division
has completed the Evaluation of Categorical Exclusion Checklist (Exhibit H) that the FCC
provides for local governments. This proposed telecommunications facility meets the
Commission's exclusion criteria.
Ground License Agreement
Since the subject wireless facility is proposed on real property owned by the City of
Rosemead, this application is also subject to the approval of a ground license
agreement by the City Council. The provisions of the draft agreement propose an initial
Planning Commission Meeting
May 16, 2011
Page 5 of 22
term of five (5) years with three (3) options of renewal. The agreement further proposes
a license fee of $1,900 per month, payable to the City of Rosemead, which would be
adjusted upward by fifteen percent (15 %) upon the renewal of each five (5) year term.
The cost of the additional light standard (132) will be in lieu of approximately 40 months
of license fee payments. A conditional of approval of Conditional Use Permit 11 -02 has
been included to ensure that the City Council review and approve a license agreement
with Metro PCS 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 usable 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 Open Space and is developed with
a park. According to the Zoning Ordinance /General Plan Consistency Matrix
(Table LU -2) of the General Plan, the Open Space land use designation is
consistent with the Open Space zone. 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 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 granting of such a conditional use permit will not be detrimental or injurious
Planning Commission Meeting
May 16, 2011
Page 6 of 22
to the property and improvements in the neighborhood or the general welfare.
The establishment of an unmanned wireless telecommunications facility at the
Garvey Park baseball field 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 park. The proposal of a
cell tower has been designed as a stealth facility. The six (6) panel antennas will
be stacked and mounted inside the new light pole in six (6) sectors. The
equipment enclosure has also been carefully designed to appear as an addition
to the equipment building /snack bar. 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.
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.
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 Metro PCS 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
Planning Commission Meeting
May 16, 2011
Page 7 of 22
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 equipment building /snack bar. The
enclosure will match the equipment/snack bar building's exterior in color, texture,
materials, and roofline. There will be no signs on the proposed wireless facility.
Noise level estimates 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
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).
The applicant identified several gaps in service coverage in the City of
Rosemead. The proposed site at the Garvey Park baseball field will improve
outdoor coverage and will provide in- building coverage for all residential and
commercial businesses located south of the San Bernardino (1 -10) Freeway to
Garrey Avenue, between New Avenue and San Gabriel Boulevard. The
applicant has demonstrated that no other suitable sites or structures are
available to meet the service needs in this part of the City.
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.
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. 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
Planning Commission Meeting
May 16, 2011
Paoe 8 of 22
meet the needs of all Rosemead residents. The funds generated in accordance
with an approved license agreement between Metro PCS 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 usable 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 one hundred sixty -eight (168) 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: Submitted by:
Lily Trinh on
Assistant Planner Community Dev lopment Director
EXHIBITS:
A. Planning Commission Resolution No. 11 -07
B. Conditions of Approval
C. Site Plan /Floor Plan /Elevations
D. Photo Simulations
E. Assessor Parcel Map (5287- 020 -900, 5287 - 020 -903, 5287 - 020 -904, and 5287 -021 -900)
F. Applicant's Supplemental Information
G. Cell Site Map
H. RF Emissions Checklist
Planning Commission Meeting
May 16, 2011
Page 9 of 22
EXHIBIT "A"
PC RESOLUTION 11 -07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 11 -02, FOR THE
INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR AN
UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY,
LOCATED AT 7933 EMERSON PLACE IN THE O -S (OPEN SPACE)
ZONE (APNs:5287- 020 -900, 5287 - 020 -903, 5287 - 020 -904, and 5287-
021 -900).
WHEREAS, on January 26, 2011, Metro PCS Networks CA, LLC submitted a
Conditional Use Permit application to construct a wireless telecommunications facility at
the Garvey Park, located at 7933 Emerson Place. The proposed facility consists of six
(6) 4' -9" tall panel antennas, one (1) microwave dish, one (1) GPS antenna, and five (5)
equipment cabinets, which will be constructed at the Garvey Park baseball field,
adjacent to the Garvey Park Gymnasium; and
WHEREAS, 7933 Emerson Place is located in the O -S (Open Space) 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
Planning Commission Meeting \
May 16, 2
1 \
Page 10 of f 22
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 May 5, 2011, one hundred sixty -eight (168) 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 11 -02; and a notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on May 16, 2011, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 11 -02; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
Planning Commission Meeting
May 16, 2011
Page 11 of 22
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 11 -02 is Categorically Exempt from environmental review as a
Class 3 Exemption pursuant to Section 15303 of the California Environmental Quality
Act (CEQA).
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 11 -02 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.
FINDING: The site is designated in the General Plan as Open Space and is
developed with a park. According to the Zoning Ordinance /General Plan Consistency
Matrix (Table LU -2) of the General Plan, the Open Space land use designation is
consistent with the Open Space zone. 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, 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 establishment of an unmanned wireless telecommunications
facility at the Garvey Park baseball field 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 park. The proposal of a
cell tower has been designed as a stealth facility. The six (6) panel antennas will be
stacked and mounted inside the new light pole in six (6) sectors. The equipment
enclosure has also been carefully designed to appear as an addition to the equipment
building /snack bar. Consequently, the proposed wireless facility will not be detrimental
Planning Commission Meeting
May 16, 2011
Page 12 of 22
or injurious to the property or improvements in the area. Additionally, the proposed
project will improve the broadband wireless telecommunication services available in the
neighborhood.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 10 -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,
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 Metro PCS facilities
serving the City of Rosemead, signal interference analysis, and an agreement to allow
co- location.
B. The Wireless Facility, Wireless Transmission Devices, and any Accessory
Equipment to be approved satisfies all applicable federal and state requirements and
standards as to the placement, construction, and design, as well as all federal and state
limits and standards concerning radio frequency emissions, signal interference with
consumer electronic products and /or public safety communications, and other
applicable operating and design standards;
FINDING: The applicant submitted a Radio Frequency Emission /Signal
Interference Report, prepared by a qualified RF engineer. This report documented that
the proposed wireless telecommunications facility will comply with all applicable
frequency and interference standards.
C. The proposal to be approved complies with all mandatory requirements
and restrictions of this Chapter; all applicable building and construction requirements of
Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable
fire safety and fire prevention requirements set forth under the Rosemead Municipal
Code, County of Los Angeles Fire Code, and all applicable State fire safety and
prevention laws;
FINDING: The proposed project complies with all locational and operational
requirements of the RMC. The project is 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 equipment building /snack bar. The enclosure will
match the equipment/snack bar building's exterior in color, texture, materials, and
roofline. There will be no signs on the proposed wireless facility. Noise level estimates
Planning Commission Meeting
May 16, 2011
Page 13 of 22
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
equipment; alternative system designs; Alternative Siting Structure types; Alternative
Siting Structure design, including stealth designs; alternative scale or size of proposal;
and alternative siting options (e.g., alternative locations within the search ring, co-
location opportunities or placement upon Alternative Siting Structures);
FINDING: The applicant identified several gaps in service coverage in the City of
Rosemead. The proposed site at the Garvey Park baseball field will improve outdoor
coverage and will provide in- building coverage for all residential and commercial
businesses located south of the San Bernardino (1 -10) Freeway to Garvey Avenue,
between New Avenue and San Gabriel Boulevard. The applicant has demonstrated
that no other suitable sites or structures are available to meet the service needs in this
part of the City.
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.
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 Metro PCS 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 usable open space
areas in those parts of Rosemead underserved by such facilities.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 11 -02, to allow the construction of a wireless telecommunications facility
consisting of six (6) 4' -9" tall panel antennas one (1) microwave dish, one (1) GPS
antenna, and five (5) equipment cabinets, which will be constructed at the Garvey Park
baseball field, adjacent to the Garvey Park Gymnasium at 7933 Emerson Place, subject
to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference.
Planning Commission Meeting
May 16, 2011
Page 14 of 22
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on May 16, 2011, 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 16th day of May, 2011.
Nancy Eng, Vice -Chair
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 16th day of
May, 2011 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
Planning Commission Meeting
May 16, 2011
Paqe 15 of 22
EXHIBIT "B"
CONDITIONAL USE PERMIT 11 -02
(APNs: 5287 - 020 -900, 5287 - 020 -903, 5287 - 020 -904, and 5287 - 021 -900)
CONDITIONS OF APPROVAL
May 16, 2011
1. Conditional Use Permit 11 -02 is approved for the construction of a wireless
telecommunications facility consisting of six (6) 4' -9" tall panel antennas one (1)
microwave dish, one (1) GPS antenna, and five (5) equipment cabinets, to be
developed in accordance with the plans marked Exhibit "C ", dated May 5, 2011,
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 11 -02 shall not take effect for any purpose
until the applicant has filed with the City of Rosemead a notarized affidavit stating
that he /she is aware of and accepts all of the conditions of approval as set forth
in the letter of approval and this list of conditions, within ten (10) days from the
Planning Commission approval date.
3. Conditional Use Permit 11 -02 is approved for a period of six (6) months. The
applicant shall commence the proposed use or request an extension within 30-
calendar days prior to expiration. The six (6) months initial approval period shall
be effective from the Planning Commission approval date. For the purpose of
this petition, project commencement shall be defined as beginning the permitting
process with the Planning and Building Divisions, so long as the project is not
abandoned. If Conditional Use Permit 11 -02 has been unused, abandoned or
discontinued for a period of six (6) months it shall become null and void.
4. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
5. The Conditional Use Permit is granted or approved with the City and its Planning
Commission and City Council retaining and reserving the right and jurisdiction to
review and to modify the permit -- including the conditions of approval -- based on
changed circumstances. Changed circumstances include, but are not limited to,
the modification of the use, a change in scope, emphasis, size, or nature of the
use, or the expansion, alteration, reconfiguration, or change of use. This
reservation of right to review is in addition to, and not in lieu of, the right of the
city, its Planning Commission, and City Council to review and revoke or modify
any permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on this Conditional Use Permit.
6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead
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
Planning Commission Meeting
May 16, 2011
Page 16 of 22
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.
15. Safety standards shall conform to Federally- recognized standards through all
stages of construction and operation of the facility.
16. The applicant shall adhere to all requirements and regulations of both the Public
Utilities Commission (PUC) and the Federal Communications Commission (FCC)
with respect to personal communication services, including but not limited to FCC
standards for electromagnetic frequency radiation for Maximum Permissible
Exposure (MPE) for humans and non - ionized electromagnetic radiation (NIER)
standards.
Planning Commission Meeting
May 16, 2011
Page 17 of 22
17. 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 11 -02.
18. 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.
19. 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.
20. Pursuant to Section 17.82.O8O.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.
21. Pursuant to Section 17.82.O8O.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.
22. Pursuant to Section 17.82.O8O.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.
23. Pursuant to Section 17.82.O9O.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.
24. All equipment mounted on the exterior of the light pole shall be painted to match
the color of the light pole. All exterior finishes shall be comprised of non -
reflective, glare reducing materials.
Planning Commission Meeting
May 16, 2011
Page 18 of 22
25. The 15' -0" by 22' -0" extension to the existing equipment/snack bar building shall
be constructed to match the existing equipment /snack bar building in color,
texture, materials, and roofline.
26. The unmanned wireless telecommunications facility shall be designed as a
stealth facility.
27. A second light pole shall be removed and replaced for a future proposed
unmanned wireless telecommunications facility.
28. The light fixtures on the light poles shall be consistent with the Musco Lighting
details.
29. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Planning Commission Meeting
May 16, 2011
Paae 19 of 22
EXHIBIT "E"
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Planning Commission Meeting
May 16, 2011
Page 21 of 22
EXHIBIT "H"
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: Metro PCS California, LLC
2. Facility Operator's Mailing Address: 350 Commerce, Suite 200, Irvine, CA 92602
3. Facility Operator's Contact Name /Title: Kerri Simmons /Sr. Site Acq. Spec.
4. Facility Operator's Office Telephone: (714) 730 -3100
5. Facility Operator's Fax: (714) 730 -3132
6. Facility Name: Garvey Park - Rosemead
7. Facility Address: 7933 Emerson Place
8. Facility City /Community: Rosemead
9. Facility State and Zip Code: CA 91770
10. Latitude: 34' 04' 03.2" North
11. Longitude: 118' 05'49.5" West
continue
Planning Commission Meeting
May 16, 2011
Page 22 of 22
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1):
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): 17.0688 meters
16. RICheck if all of the following are true:
(a) This facility will be operated in the Multipoint Distribution Service, Paging and —
Personal Communications Service, Private Land Mobile Radio Services Paging
Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local
Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see
question 12).
(b) This facility will not be mounted on a building (see question 13).
(c) The lowest point of the antenna will be at least 10 meters above the ground (see question
15).
If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in
excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box
16 is not checked, continue to question 17.
17. Enter the power threshold for categorical exclusion for this service from the attached Table 1
in watts ERP or EIRP' (note: EIRP = (1.64) X ERP):
18. Enter the total number of channels if this will be an omni directional antenna, or the
maximum number of channels in any sector if this will be a sectored antenna:
19. Enter the ERP or EIRP per channel (using the same units as in question 17):
20. Multiply answer 18 by answer 19:
21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)?
the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause
posure 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