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PC - 2015-06 - Approving Conditional Use Permit 14-05 for the Installation and Operation of An Unmanned Wireless Telecommunications Facility on an Existing 122-foot Tall Southern California Edison Transmission Tower at 4545 Walnut GrovePC RESOLUTION 15 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 14 -05, FOR THE INSTALLATION AND OPERATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING 122 -FOOT TALL SOUTHERN CALIFORNIA EDISON TRANSMISSION TOWER, LOCATED AT 4545 WALNUT GROVE AVENUE IN THE O -S (OPEN SPACE) ZONE (APN: 5372 - 018 -802). WHEREAS, on December 17, 2014, Delta Engineering Group submitted a Conditional Use Permit application on behalf of Verizon Wireless for the installation and operation of an unmanned wireless telecommunications facility on an existing 122 -foot tall Southern California Edison Transmission Tower, located at 4545 Walnut Grove Avenue; and WHEREAS, 4545 Walnut Grove Avenue is located in the O -S (Open Space) zone; and WHEREAS, Section 17.24.020 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 17.132.040 sets the following findings required for granting such a permit: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. B. The use is consistent with the General Plan. C. The use is consistent with the provisions of this Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.54.070.0 of the Rosemead Municipal Code specifies the findings by which a Conditional Use Permit for a Wireless Telecommunication Facility may be granted; and WHEREAS, in addition to the general findings required for the issuance of a Conditional Use Permit, Rosemead Municipal Code Section 17.54.070.0 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 17.54.060; 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; 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; 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, collocation 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 April 23, 2015, seventy (70) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) 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 14 -05; and a notice was published in the Rosemead Reader; and WHEREAS, on May 4, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 14 -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 Conditional Use Permit 14 -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 Conditional Use Permit 14 -05 according to the findings of Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. The proposed location of the wireless telecommunications facility will not impact any existing use within the neighborhood vicinity. 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. The applicant submitted a Radio Frequency Exposure Pre - Installation FCC Compliance Assessment Report, prepared by a qualified Radio Frequency engineer, which documented that the proposed wireless telecommunications facility will comply with all applicable frequency and interference standards. Although the facility proposes an equipment shelter containing cabinets and a back -up generator within 200' -0" of a residential property line, the installation of a sound attenuation barrier consisting of an 8' -0" tall concrete block wall will reduce noise impacts to less than significant. The resulting exterior noise levels will comply with the maximum noise threshold of 50 dBA measured at the residential property line as indicated in Section 17.54.150 of the Rosemead Municipal Code. Furthermore, conditions of approval have been incorporated upon the issuance of this permit requiring the overall maintenance of the site. B. The use is consistent with the General Plan. The project site is designated in the General Plan as Public Facilities and is developed as Southern California Edison right -of -way. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Public Facilities land use designation is consistent with the Open Space zone. C. The use is consistent with the provisions of this Zoning Code. According to the Rosemead Municipal Code a Wireless Telecommunications Facility is subject to the approval of a Conditional Use Permit by the Planning Commission in the O -S Zone. The applicant has submitted a complete application in accordance with the Wireless Telecommunications Facilities Ordinance and the proposed facility complies with all development standards of the Rosemead Municipal Code. The project is located in the O -S (Open Space) zone on real property exclusively owned by Southern California Edison, and will be affixed to an existing utility structure. The applicant's supplemental information documents that the facility will operate in compliance with the City's noise standards. The Radio Frequency Exposure Pre - Installation FCC Compliance Assessment Report prepared for the subject facility documents that the proposed wireless telecommunications facility will comply with all applicable frequency and interference standards. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 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 14 -05 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore is exempt from further environmental analysis. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. There are no specific design guidelines that are applicable to the proposed project. However, the project complies with all development standards of the Rosemead Municipal Code and the applicant has worked closely with the property owner and the City to improve the aesthetics of the site. A decorative split face concrete block wall will surround the equipment shelter located at the base of the tower. The project is located in the O -S (Open Space) zone on real property exclusively owned by Southern California Edison, and the wireless telecommunication facility will be affixed to an existing utility structure. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 14 -05 according to the findings of Section 17.54.070.0 of the Rosemead Municipal Code as follows: A. The applicant has submitted all applicable information, documentation and materials required under Section 17.54.060. 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, and a signal interference analysis. 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 Exposure Pre - Installation FCC Compliance Assessment 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 applicant's supplemental information documents that the facility will operate in compliance with the City's noise standards. The Radio Frequency Exposure Pre - Installation FCC Compliance Assessment Report prepared for the subject facility documents 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). The applicant identified several gaps in service coverage in the City of Rosemead. The proposed facility will improve outdoor coverage and will provide improved coverage to the highly commuted East Mission Drive and Charlotte Avenue area, improved coverage to residences and businesses, as well as provide new LTE (4G high speed data service) and AWS radio frequency service to the surrounding area. The project is located in the O -S (Open Space) zone on real property exclusively owned by Southern California Edison, and the facility will be affixed to an existing utility structure. A co- location on the existing AT &T wireless facility was not achievable, as the small footprint below the tower does not allow for more than one carrier. To reduce the aesthetic impact to the site, the applicant proposes to install an 8' -0" decorative split face block wall to surround the equipment shelter. 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 17.54.080 of the Rosemead Municipal Code. In addition, Section 17.54.130 of the Rosemead Municipal Code recommends affixing wireless transmission facilities on existing utility supports 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 14 -05, for the installation and operation of an unmanned wireless telecommunications facility on an existing Southern California Edison transmission tower at 4545 Walnut Grove Avenue, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on May 4, 2015, by the following vote: YES: HERRERA, LOPEZ, TANG NO: ENG ABSENT: NONE 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 4 th day of May, 2015. OV Nancy EN, 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 4 th day of May, 2015 by the following vote: YES: HERRERA, LOPEZ, TANG NO: ENG ABSENT: NONE ABSTAIN: NONE Michelle Ramire secretary APPROVED AS TO Gregory Y "Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LL' EXHIBIT "A" CONDITIONAL USE PERMIT 14 -05 (APN: 5372 - 018 -802) CONDITIONS OF APPROVAL May 4, 2015 1. Conditional Use Permit 14 -05 is approved for the installation and operation of an unmanned wireless telecommunications facility on an existing Southern California Edison transmission tower to be developed in accordance with the plans marked Exhibit "D ", dated April 22, 2015. 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 14 -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. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 14 -05. 4. Conditional Use Permit 14 -05 is approved for a period of one (1) year. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year 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 14 -05 has been unused, abandoned or discontinued for a period of one (1) year 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 14 -05. 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 17.54.150 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. If the City receives complaints about noise related to testing of such equipment the applicant may be required to change the time of their testing so as not to correspond to testing of similar equipment located elsewhere onsite. (Added by Planning Commission on May 4, 2015). 17. Pursuant to Section 17.54.160 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 17.54.160 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 17.54.170 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 17.54.190 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. The equipment shelter shall be surrounded by an 8' -0" concrete block wall and satisfy the noise attenuation design requirements. The block shall consist of tan split face. Any modification, alteration, or replacement of equipment within the equipment shelter shall be accompanied by a new noise study to the satisfaction of the Community Development Director. (Added by Planning Commission on May 4, 2015). 22. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.