PC - Item 4B - Conditional Use Permit 11-03 at 8624 1/2 Rush StreetTO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: SEPTEMBER 19, 2011
SUBJECT: CONDITIONAL USE PERMIT 11 -03
8624 % RUSH STREET
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 8624'/2 Rush Street in the O -S (Open Space) zone.
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 -03 is classified
as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore
is 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 -03 and ADOPT Resolution
No. 11 -17 with findings (Exhibit A), and subject to the twenty -five (25) 'conditions
outlined in Exhibit "B" attached hereto.
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. On December 15, 2008, the Planning Commission approved Verizon Wireless
Planning Commission Meeting
September 19, 2011
Page 2 of 20
to co- locate on T- Mobile's monopine, however, Building. and Safety Division records
indicate that the building permits expired on April 15, 2010.
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 O -S (Open Space). The site is surrounded by the following land
uses:
North:
General Plan:
Commercial and Office /Light Industrial
Zoning:
C -3 (Medium Commercial)
Land Use:
Commercial
South:
General Plan:
Public Facilities
Zoning:
C -3 (Medium Commercial)
Land Use:
Utilities
East:
General Plan:
Open Space
Zoning:
O -S (Open Space)
Land Use:
Golf Course
West:
General Plan:
Open Space, Public Facilities and Commercial
Zoning:
O -S (Open Space), P (Parking) and C -3 (Medium Commercial)
Land Use:
Vacant Land
Planning Commission Meeting
September 19, 2011
Paoe 3 of 20
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 is located at different heights on the monopine. 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 antennas.
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 Southern California Edison, 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 use, therefore special noise attenuation
measures are not 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, which is 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 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 twelve
panel (12) panel antennas will be installed on an existing T- Mobile monopine tree.
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 G) that the FCC
Planning Commission Meeting
September 19, 2011
Page 4 of 20
provides for local governments. This proposed telecommunications facility meets the
Commission's exclusion criteria.
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 as a
Southern California Edison Substation. 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.
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
to the property and improvements in the neighborhood or the general welfare.
The co- location of an unmanned wireless telecommunications facility on an
existing T- Mobile monopine will not be detrimental or injurious to the property
and improvements in the neighborhood or the general welfare. 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 twelve (12) antennas will be mounted on the existing
monopine in three (3) sectors of four (4) antennas each. 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.
Planning Commission Meeting
September 19, 2011
Page 5 of 20
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 Verizon Wireless 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. 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. There will be no signs on the proposed
wireless facility. 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.
Planning Commission Meeting
September 19, 2011
Page 6 of 20
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 co- location will improve outdoor coverage and will
provide in- building coverage for all residential and commercial businesses
located north of the Pomona (1 -60) Freeway to Garvey Avenue, between Walnut
Grove Avenue and Rosemead 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 in the O -S (Open
Space) zone, which is a permitted location for wireless facilities according to
Section 17.82.080 of the RMC. In addition, RMC Section 17.82.080
recommends colocation where possible, therefore advances the City's goals by
minimizing the number of new poles in the City.
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 six (6) 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.
Planning Commission Meeting
September 19, 2011
Page 7 of 20
Prepared by:
Submitted by:
Lily Trinh
Stan Wong
Assistant Planner
Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 11 -17
B. Conditions of Approval
C. Site Plan /Floor Plan /Elevations
D. Photo Simulations
E. Applicant's Supplemental Information
F. Cell Site Map
G. RF Emissions Checklist
H. Assessor Parcel Map (5281- 029 -800)
Planning Commission Meeting
September 19, 2011
Page 8 of 20
EXHIBIT "A"
PC RESOLUTION 11 -17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 11 -03, FOR THE CO-
LOCATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS
FACILITY ON AN EXISTING 75 -FOOT TALL T- MOBILE MONOPINE
TREE, LOCATED AT 8624% RUSH STREET IN THE O -S (OPEN
SPACE) ZONE (APNs: 5281 - 029 -800).
WHEREAS, on February 3, 2011, 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 8624Yz Rush
Street; and
WHEREAS, 8624Yz Rush Street 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
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.
Planning Commission Meeting
September 19, 2011
Page 9 of 20
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 September 8, 2011, six (6) 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 -03; and a notice
was published in the San Gabriel Valley Tribune; and
WHEREAS, on September 19, 2011, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 11 -03; 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:
Planning Commission Meeting
September 19, 2011
Page 10 of 20
SECTION 1. The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 11 -03 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 -03 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 as a Southern California Edison Substation. 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.
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 co- location of an unmanned wireless telecommunications facility
on an existing T- Mobile monopine will not be detrimental or injurious to the property and
improvements in the neighborhood or the general welfare. 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
twelve (12) antennas will be mounted on the existing monopine in three (3) sectors of
four (4) antennas each. 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.
Planning Commission Meeting
September 19, 2011
Page 11 of 20
SECTION 3. 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 Verizon Wireless 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. 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. There will be no signs on the proposed wireless facility. 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.
Planning Commission Meeting
September 19, 2011
Paae 12 of 20
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 co- location will improve outdoor coverage and will provide
in- building coverage for all residential and commercial businesses located north of the
Pomona (1 -60) Freeway to Garvey Avenue, between Walnut Grove Avenue and
Rosemead 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 in the O -S
(Open Space) zone, which is a permitted location for wireless facilities according to
Section 17.82.080 of the RMC. In addition, RMC Section 17.82.080 recommends
colocation where possible, therefore advances the City's goals by minimizing the
number of new poles in the City.
SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use
Permit 11 -03, for the co- location of an unmanned wireless telecommunications facility
on an existing T- Mobile monopine at 8624'/2 Rush Street, subject to conditions listed in
Exhibit "B" attached hereto and incorporated herein by reference.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on September 19, 2011, by the following vote:
YES:
NO
ABSENT:
ABSTAIN:
Planning Commission Meeting
September 19, 2011
Page 13 of 20
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 19th day of September, 2011
Nancy Eng, 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 19th day of
September, 2011 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
Planning Commission Meeting
September 19, 2011
Page 14 of 20
CONDITIONAL USE PERMIT 11 -03
(APNs: 5281 - 029 -800)
CONDITIONS OF APPROVAL
September 19, 2011
1. Conditional Use Permit 11 -03 is approved for 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 September 7,
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 -03 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 -03 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 -03 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
September 19, 2011
Page 15 of 20
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. 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.
11. 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.
12. 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.
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 shall conform to Federally- recognized standards through all
stages of construction and operation of the 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, including but not limited to FCC
standards for electromagnetic frequency radiation for Maximum Permissible
Exposure (MPE) for humans and non - ionized electromagnetic radiation (VIER)
standards.
16. The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Conditional Use Permit 11 -03.
Planning Commission Meeting
September 19, 2011
Page 16 of 20
17. The developer shall provide a courtesy notice of the start of construction to the
occupants of abutting properties ten days prior to construction commencement
and provide a copy of the notice to the Planning Division.
18. 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.
19. Pursuant to Section 17.82.080.J.6 of the Rosemead Municipal Code, prior to the
final Building Division inspection, the applicant shall submit a post- construction
NIER/radio frequency radiation exposure test to show compliance with FCC
standards. The test shall be prepared by a licensed radio frequency engineer and
shall be submitted to the Planning Division for review and approval.
20. 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.
21. 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.
22. 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.
23. All mounted equipment shall be painted green with a matte finish to match the
existing monopine tree.
24. The unmanned wireless telecommunications facility shall be designed as a
stealth facility.
25. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Planning Commission Meeting
September 19, 2011
Page 18 of 20
EXHIBIT "G"
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 i
2. Facility Operator's Mailing Address: 1 `.
3. Facility Operator's Contact Name /Title:
4. Facility Operator's Office Telephone:
5. Facility Operator's Fax:
6. Facility Name: Panda
7. Facility Address: &624'/2 Rush Street
S. Facility City /Community: Rosemead
9. Facility State and Zip Code: CA 91770
10. Latitude: 34 ns ro as N
11. Loneitude: 14 2 94 50.79 W
continue
Planning Commission Meeting
September 19, 2011
Page 19 of 20
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1): Cellular Radio telephone, Personal
Communications System
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): 16.764
16. ® 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).
16 is checked, this facility is categorically excluded and is unlikely to cause
re in excess of the FCC's guidelines. The remainder of the checklist need not be
:ted. 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 I in watts ERP or EIRP* (note: EIRP = (1.64) X ERP): Cellular- 1000W,
PCS- 1000W,I TS 1000
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: 8 Cell,
6 PC S, 1 LTE
19. Enter the ERP or EIRP per channel (using the same units as in question 17): Cell-
350W, PCS -450W, LTE I OOOW
20. Multiply answer 18 by answer 19: Cell -2800 W, 700 Wl OnnW
21. Is the answer to question 20 less than or equal to the value from question 17 (yes or
no)? 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.
answer to question 21 is NO, this facility is not categorically excluded. Further
igation may be appropriate to verify whether the facility may cause exposure in
s of the FCC's guidelines.
"'ERP" means "effective radiated power" and 'BIRD" means "effective isotropic radiated power
Planning Commission Meeting
September 19, 2011
Page 20 of 20
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