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PC - 2012-12 - Modification 11-05 - for Removal of Three Panel Antennas and Installation of Five New Antennas at 7403 HellmanPC RESOLUTION 12 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11 -05, FOR THE REMOVAL OF THREE (3) PANEL ANTENNAS AND THE INSTALLATION OF FIVE (5) NEW ANTENNAS AND THE REPLACEMENT OF TWO (2) EQUIPMENT CABINETS FOR AN EXISTING UNMANNED MONOPALM WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 7403 HELLMAN AVENUE, IN THE C -3 (MEDIUM COMMERCIAL) ZONE (APN:5286 -008- 030). WHEREAS, on November 29, 2011, Allie Weaver of Modus Incorporated submitted a Modification application (MOD 11 -05) requesting to modify existing Conditional Use Permit 02 -881 MOD in order to upgrade equipment located on the existing wireless facility. The applicant is proposing to remove three (3) existing panel antennas and install five (5) new panel antennas and the replacement of two (2) equipment cabinets located at 7403 Hellman Avenue; and WHEREAS, 7403 Hellman Avenue is located in the C -3 (Medium Commercial) 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 17.112.010 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 July 26, 2012, thirty -three (33) 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 Modification 11 -05; and a notice was published in the San Gabriel Valley Tribune; and WHEREAS, on August 6, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 11 -05; 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 Modification 11 -05 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 Modification 11 -05 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 Commercial and is developed as an office use. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Commercial land use designation is consistent with the C -3 (Medium Commercial) zone. Under the original approved project, the monopalm tower facility was found to be in conformity with the objectives of the General Plan. This project consists simply of an upgrade in equipment. The wireless facility is currently operating and will continue to operate with the modification in equipment. 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 proposal consists of a modification in equipment only. The wireless facility will continue to be 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 PUC and the 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 wireless facility is currently operating and only proposes to upgrade equipment. The applicant will continue to 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. 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 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 11 -05 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 modification in equipment, 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 in the C -3 (Medium Commercial) zone, and was originally designed as a stealth facility. The project proposes to upgrade equipment only. The applicant submitted a Radio Frequency Emission /Signal Interference Report, prepared by a qualified RF engineer, which is documented that the proposed wireless telecommunications facility will continue to 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 proposed project simply consists of an upgrade to existing equipment. The wireless facility was originally constructed using a stealth design. No change in the design of the wireless monopalm. 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 simply an upgrade to existing equipment, no alternative sites were needed to be evaluated. The original approval of the wireless facility was determined to be consistent with the standards, goals, and objectives of the General Plan. SECTION 3 . The Planning Commission HEREBY APPROVES Modification 11- 05, permitting the removal of three (3) existing panel antennas and install five (5) panel antennas and the replacement of two (2) equipment cabinets located at 7403 Hellman Avenue, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on August 6, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE 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 6 th day of August, 2012. w 0 W IMP, 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 6 th day of August, 2012 by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE Michelle Ramirez, cretary APPROVED TO FORM: Gregory M, WrpK<Planning issio ttorney Burke, Willi ms & Sorensen, LLP EXHIBIT "B" MODIFICATION 11 -05 (APN: 5286 - 008 -030) CONDITIONS OF APPROVAL August 6, 2012 1. Modification 11 -05 is approved permitting the removal of three (3) existing panel antennas and the installation of five (5) panel antennas and the replacement of two (2) equipment cabinets according to the plans marked Exhibit "C ", dated July 19, 2012, 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 Modification 11 -05 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. Modification 11 -05 is approved for a period of six (6) months. The applicant shall commence the pro_ posed 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 Modification 11 -05 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 Modification 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 Modification. 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, the conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning and Building Divisions, Fire, Sheriff, and Health Departments. 10. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or any federal holidays. 11. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. 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. 12. 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. 13. Safety standards shall conform to Federally- recognized standards through all stages of construction and operation of the facility. The monopalm tower structure shall be installed with a sign specifying continued compliance with FCC Regulations. (Added by Planning Commission August 6, 2012) 14. 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. 15. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Modification 11 -05. 16. 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. 17. 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. 18. 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 Modification permit. 19. 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. 20. Pursuant to Section 17.82.090.K of the Rosemead Municipal Code, prior to the issuance of Building Permits, a contact information sign must be placed on the accessory equipment enclosure. The required sign must be installed prior to the final building inspection. 21. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.