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PC - Item 3C - Conditional Use Permit 12-12 8624 1/2 Rush StreetROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 18, 2013 SUBJECT: CONDITIONAL USE PERMIT 12 -12 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'/: 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 12 -12 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, it is recommended that the Planning Commission ADOPT Resolution No. 13 -02 with findings (Exhibit "A ") and APPROVE Conditional Use Permit 12 -12 subject to the twenty -three (23) 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 tree 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 tree 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, Conditional Use Permit 08 -08 was Planning Commission Meeting March 18, 2013 Page 2 of 20 approved by the Planning Commission for the Verizon Wireless co- location on T- Mobile's monopine tree, however, Building and Safety Division records indicate that the building permits expired on April 15, 2010. The project was then resubmitted in 2011. On September 19, 2011, the Planning Commission approved Conditional Use Permit 11 -03 for the same Verizon co- location project, however, the project was never submitted for plan check, and therefore expired. 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 March 18, 2013 Page 3 of 20 Administrative Analysis The applicant is proposing to co- locate an unmanned wireless telecommunication facility on an existing T- Mobile monopine tree. Verizon's scope of work includes: the installation and operation of four (4) 70" long panel antennas per sector, for total of twelve (12) 70" long panel antennas, and are to be painted green to match the faux pine tree foliage; four (4) Compact Metrocell Outdoor (CMO) cabinets, which will be located at grade adjacent to the existing T- Mobile equipment cabinets, and will be painted gray and mounted on a new concrete pad; and one (1) Standby Battery Enclosure (SBE) located within a new 20' x 27' lease area within a 9' 6" high chain link fence enclosure located at grade. 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 tree. The existing monopine,tree 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 tree. 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 Federal Communications Commission (FCC) limits for human exposure to radiofrequency (RF) electromagnetic fields, the Planning Division has completed the Evaluation of Categorical Planning Commission Meeting March 18, 2013 Page 4 of 20 Exclusion Checklist (Exhibit G) that the FCC I provides for local governments. This proposed telecommunications facility meets the Commission's exclusion criteria. Municipal Code Requirements Pursuant to Section 17.112.030.33 of the Ro; Permit is required for the proposed utility -mo Section 17.112.010 of the Rosemead Mu required for granting such a permit: !ad Municipal Code, a Conditional Use J wireless telecommunications facility. al Code sets the following findings A. The granting of such a Conditional elements or objectives of the General The site is designated in the General PI, Southern California Edison Subst Ordinance /General Plan Consistency h the Open Space land use designation is B. The establishment, maintenance or col Use Permit is sought will not be detrim comfort or general welfare of the neighborhood thereof. Permit will be in harmony with the as Open Space and is developed as a >n. According to the Zoning rix (Table LU -2) of the General Plan, nsistent with the Open Space zone. of the use for which the Conditional to the health, safety, peace, morals, >ons residing or working in the 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. I 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 wirel( existing T- Mobile monopine tree will n property and improvements in the neigl existing monopine tree replicates a pine faux branches and a textured trunk to res pine trees already onsite. The twelve i existing monopine tree in three (3) Consequently, the proposed wireless facil the property or improvements in the area improve the broadband wireless telecoi neighborhood. ss telecommunications facility on an )t be detrimental or injurious to the :)orhood or the general welfare. The tree with the antennas screened with amble a live tree; similar to the existing 12) antennas will be mounted on the >ectors of four (4) antennas each. ty will not be detrimental or injurious to Additionally, the proposed project will imunication services available in the Planning Commission Meeting March 18, 2013 Pace 5 of 20 In addition to the general Conditional Use Permit findings in the Rosemead Municipal Code, Section 17.82.070C of the Rosemead Municipal Code 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 Rosemead Municipal Code. The project is located in the O -S (Open Space) zone, and has been designed as a stealth facility. The existing monopine tree 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 March 18, 2013 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. f 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 Rosemead Municipal Code. In addition, Rosemead Municipal Code Section 17.82.080 recommends co- location where possible, therefore advances the City's goals by minimizing the number of new poles in the City. 6 PUBLIC NOTICE PROCESS This item has been noticed through the regu includes a 300' radius public hearing notice to the Rosemead Reader, and postings of the noti the subject site. agenda notification process, which it (4) property owners, publication in at the six (6) public locations and on Planning Commission Meeting March 18, 2013 Pace 7 of 20 Lily Trinh Acting Associate Planner EXHIBITS: A. Planning Commission Resolution No. 13 -02 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) Submitted by. Michelle Ramirez Community Development Director Planning Commission Meeting March 18, 2013 Page 8 of 20 EXHIBIT "A" PC RESOLUTION 13 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 12 -12, FOR THE CO- LOCATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING 75 -FOOTS TALL T- MOBILE MONOPINE TREE, LOCATED AT 8624% RUSH STREET IN THE O -S (OPEN SPACE) ZONE (APN: 5281 - 029 -800). 1 WHEREAS, on December 13, 2012, V&izon 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 I 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 allows "Wireless Facilities, Wireless Transmission Devices, Support Structures, and related Accessory Equipment" upon the granting of la Conditional Use Permit. 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. I B. The establishment, maintenance for 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 fuse 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 findings by which a Conditional Use Permit Rosemead Municipal Code specifies y be granted; and WHEREAS, in addition to the general fii Conditional Use Permit, Rosemead Municipal C the Planning Commission, or on appeal the C findings required for the granting of a cor Telecommunication Facility. I 1 ings required for the issuance of a Je Section 17.82.070(C) states that Council, shall make the following tional use permit for a Wireless Planning Commission Meeting March 18, 2013 Paqe 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 March 7, 2013, four (4) 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 12 -12; and a notice was published in the San Gabriel Valley Tribune; and WHEREAS, on March 18, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 12 -12; 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 March 18, 2013 Pace 10 of 20 SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 12 -12 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 12 -12 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 ubstation. 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, unde the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. I 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 fir 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 o to the general welfare of the city. FINDING: The co- location of an unmanned wireless telecommunications facility on an existing T- Mobile monopine tree will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. The existing monopine tree 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 tree 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. i I I Planning Commission Meeting March 18, 2013 Page 11 of 20 SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -12 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 Rosemead Municipal Code. The project is located in the O -S (Open Space) zone, and has been designed as a stealth facility. The existing monopine tree 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 March 18, 2013 Pace 12 of 20 D. The applicant has made a good less intrusive alternatives, including the i equipment; alternative system designs; Altel Siting Structure design, including stealth desi and alternative siting options (e.g., alternat location opportunities or placement upon Alter FINDING: The applicant identified seven Rosemead. The proposed co- location will imr in- building coverage for all residential and corr Pomona (1 -60) Freeway to Garvey Avenue, Rosemead Boulevard. The applicant has den - structures are available to meet the service nee h effort to identify, study and evaluate of less intrusive technologies and ve Siting Structure types; Alternative alternative scale or size of proposal; locations within the search ring, co- ve Siting Structures); gaps in service coverage in the City of we outdoor coverage and will provide ercial businesses located north of the )etween Walnut Grove Avenue and istrated that no other suitable sites or ; 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 Rosemead Municipal Code. In addition, Rosemead Municipal Code Section 17.82.080 recommends co- location 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 12 -12, for the co- location of an unmanned wireless telecommunications facility on an existing T- Mobile monopine tree 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 Commission on March 18, 2013, by the folic It of an action taken by the Planning vote: YES: NO: ABSENT: ABSTAIN: Planning Commission Meeting March 18, 2013 Paqe 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 18 day of March, 2013. Victor Ruiz, 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 18 day of March, 2013 by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary Planning Commission Meeting March 18, 2013 Pace 14 of 20 EXHIBIT "B" CONDITIONAL USE (APNs: 5281 -1 CONDITIONS OF March 18, 1. Conditional Use Permit 12 -12 is approve wireless telecommunications facility on e developed in accordance with the plans 2013, and photographic simulations. Ai be resubmitted for review and approv Division. 2. Approval of Conditional Use Permit 12 -1 until the applicant has filed with the City o that he /she is aware of and accepts all o in the letter of approval and this list of c Planning Commission approval date. 3. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 12 -12. r 12 -12 ) PROVAL 13 for for the co- location of an unmanned existing T- Mobile monopine tree to be Larked Exhibit "C ", dated February 19, revisions to the approved plans must by the City of Rosemead Planning shall not take effect for any purpose Rosemead a notarized affidavit stating the conditions of approval as set forth nditions, within ten (10) days from the 4. Conditional Use Permit 12 -12 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 112 -12 has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 61 The Planning Commission hereby ai approve minor modifications to the ap s the Planning Division to make or Plans where necessary. 101 The Conditional Use Permit is granted or Commission and City Council retaining a review and to modify the permit-- includir changed circumstances. Changed circun the modification of the use, a change in use, or the expansion, alteration, rec reservation of right to review is in additic city, its Planning Commission, and City ( any permit granted or approved under t violations of the conditions imposed on C pproved with the City and its Planning I reserving the right and jurisdiction to the conditions of approval - -based on tances include, but are not limited to, ;ope, emphasis, size, or nature of the ifiguration, or change of use. This to, and not in lieu of, the right of the )until to review and revoke or modify Rosemead Municipal Code for any iditional Use Permit 12 -12. Planning Commission Meeting March 18, 2013 Page 15 of 20 7. 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. 8. All conditions of approval must be complied with to the satisfaction of the Planning Division prior to final inspection. 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. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holiday without prior approval by the City. 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. 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. 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 Planning Commission Meeting March 18, 2013 Page 16 of 20 conducted on weekends or holidays, or between the hours of 10:00 p.m. and I 7:00 a.m. 17 Pursuant to Section 17.82.080.J.6 of the final Building Division inspection, the ac NIER /radio frequency radiation exposu standards. The test shall be prepared by shall be submitted to the Planning Divisic .osemead Municipal Code, prior to the icant shall submit a post- construction test to show compliance with FCC licensed radio frequency engineer and for review and approval. iE 19 Pursuant to Section 17.82.080.J.7 of applicant shall submit annual monitoring review and approval certifying ongoinc emission standards. The monitoring rep duly licensed radio frequency engineer thirty (30) days of the anniversary date Permit. Pursuant to Section 17.82.080.K of the final building inspection, the applicants amount equal to the reasonable estimai wireless facility and all corresponding Conditional Use Permit. The performanc by the Planning Division and the City of beneficiary of the performance bond. :he Rosemead Municipal Code, the iformation to the Planning Division for compliance with FCC operating and t shall be prepared by a qualified and nd must be submitted annually within if the approval of the Conditional Use osemead Municipal Code, prior to the ill procure a performance bond in the J cost associated with removal of the ccessory equipment covered by this bond must be reviewed and approved :osemead must be named as the sole 20. Pursuant to Section 17.82.090.K of the Rosemead Municipal Code, prior to the issuance of Building Permits, the plansimust 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. 21. All mounted equipment shall be painted existing monopine tree. 22. The unmanned wireless telecommun stealth facility. 23. Violation of the conditions of approval revocation proceedings. with a matte finish to match the facility shall be designed as a result in citation and /or the initiation of 0 Planning Commission Meeting March 18, 2013 Page 17 of 20 ` i ce• , •:� n W1s n y w uniiui ////v. I' L'tll f M 5 111 /r / � I tlltiL egp11 il' f t e nry t I ' n reery `enrruv v e �� ,�. � rn ummj� i .• Inn o � RR MM W El I, I LL ' 3 '� 3 Jrr51 Yam ��Y" all�I� rlix Z ��'� • IOeI .......... n� �1u'15u1 s aln:r •� �a • e ui ICY aIV "_ti ue ,� Planning Commission Meeting March 18, 2013 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 detemtinc their compliance. These facilities are termed "categorically excluded." Section 1.1307(6)(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 , 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: 8624'/2 Rush Street 8. Facility City /Community: Rosemead 9. Facility State and Zip Code CA, 91770 10. Latitude: ae on ro na N 11. Lon¢itude: 3113 nn cn 4o per FMIM7 R Planning Commission Meeting March 18, 2013 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 f 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 Mult'ipoint 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 ire 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- I OOOW, PCs- 1000W, IITF 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 PCS, 1 LTE 19. Enter the ERP or EIRP per channel (using the same units as in question 17)- cell- — 350W, PCS -450W; LTE IOOOW 20. Multiply answer 18 by answer 19 CPU - ? unn W, 2700 W, 100oW 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 "EIRP" means "effective isotropic radiated power Planning Commission Meeting March 18, 2013 Page 20 of 20 EXHIBIT "H" 52 8 1 29 .J 2008 mm- f-3m " J �� MLSH 5282 <.ID I - q- w • u •° ✓+ e fear u® N ©mF t¢O v I 39 Rid roN ry f I ® t w.'V/1 I �. 6K I 1 Y•� I I T2 T H 701 M.al6 -W -111 I TihR NJ. WO IA616 -111 � 5 x y, 37 o� jIX _ TlKT N]93T ._ _11.9_1] -54 g ...... L 33 �'i(xa 111 33 I 1 O }- .�4 +I1 .w..e .• . �� 3.B0 ..vrriwl.sli 1 e� 30 31 +�¢✓<.. ny 'P „ .,. w �� v Pa SEE sire DETAtL NO SCLLC � S.� _.. r 2N. 52]1 AS MAP fia22 { - - 3psg COUNTY OF LOS AN GELES, GLIG. I