PC - 2013-02 - Approving Conditional Use Permit 12-12 for the Colation of an Unmanned Wireless Telecommunications Facility on an Existing 75-Foot Tall T-Mobile Monopine Treet Located at 8624 1/2 Rush StreetPC 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 -FOOT TALL T- MOBILE MONOPINE
TREE, LOCATED AT 8624% RUSH STREET IN THE O -S (OPEN
SPACE) ZONE (APN: 5281 - 029 -800).
WHEREAS, on December 13, 2012, 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 8624Y� Rush
Street; and
WHEREAS, 8624Y2 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 a 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.
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.
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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:
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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 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 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.
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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.
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 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 result of an action taken by the Planning
Commission on March 18, 2013, by the following vote:
YES: ENG, HERRERA, HUNTER, AND RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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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.
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Lt`
is or Ruiz, r
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: ENG, HERRERA, HUNTER, AND RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Michelle Ramirez, Se retary
TO
mission Attorney
Burke, Winiafhs & Sorensen, LLP
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EXHIBIT "B"
CONDITIONAL USE PERMIT 12 -12
(APNs: 5281 - 029 -800)
CONDITIONS OF APPROVAL
March 18, 2013
1. Conditional Use Permit 12 -12 is approved for for the co- location of an unmanned
wireless telecommunications facility on an existing T- Mobile monopine tree to be
developed in accordance with the plans marked Exhibit "C ", dated February 19,
2013, 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 12 -12 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. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Conditional Use Permit 12 -12.
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 12 -12 has been unused, abandoned or
discontinued for a period of six (6) months it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
6. 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 Conditional Use Permit 12 -12.
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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
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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 Conditional Use
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, 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.
21. All mounted equipment shall be painted green with a matte finish to match the
existing monopine tree.
22. The unmanned wireless telecommunications facility shall be designed as a
stealth facility.
23. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
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