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PC - 2011-17 - Approving Conditional Use Permit 11-03 for the Location of Unmanned Wireless Telecommunications Facility at 8624 1/2 Rush StreetPC 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'/2 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 8624'/2 Rush Street; and WHEREAS, 8624'/2 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. 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: 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. SECTION 3 . 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 17.82.070 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 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. 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: ENG, HERRERA, RUIZ, AND SACCARO NO: NONE ABSENT: HUNTER ABSTAIN: NONE SECTION 6 . 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 19 day of September, 2011. Y ��; - Nancy ng, 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 19 day of September, 2011 by the following vote: YES: ENG, HERRERA, RUIZ, AND SACCARO NO: NONE ABSENT: HUNTER ABSTAIN: NONE n Stan Worij, Secretary APPROVED AS TO FORM: Gregory M. urp Planning Com ission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "B" 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 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 of notice from the City (Modified by the Planning Commission on September 19, 2011). 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 (NIER) 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. 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.