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PC - Item 4A - 7839 Emerson PlaceROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 2, 2009 SUBJECT: CONDITIONAL USE PERMIT 07-1111 (MODIFICATION) 7839 EMERSON PLACE SUMMARY T-Mobile USA has submitted an application to modify Conditional Use Permit 07-1111; requesting to increase the height of an unmanned wireless monocypress tree from 40'- 0" to 44'-6", located at 7839 Emerson Place in the R-2 (Light Multiple Residential) zone. Environmental Determination: Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of the installation of new equipment in small structures. Accordingly, Conditional Use Permit 07-1111 (Modification) is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore exempt from further environmental analysis. Municipal Code Requirements Section 17.112.020 (15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon the granting of a Conditional Use Permit (CUP) by the Planning Commission. Rosemead Municipal Code Section 17.112.010 sets the following criteria that must be met: • That 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 adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and • That the establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental Planning Commission Meeting March 2, 2009 Paqe 2 of 13 to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and Not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare of the city; and Staff Recommendation Staff recommends that the Planning Commission APPROVE Conditional Use Permit 07-1111 (Modification) for a period of six (6) months and adopt Resolution 09-04, subject to conditions outlined in Exhibit "B" attached hereto. ANALYSIS Property History and Description The subject site is located on the north side of Emerson Place, between Del Mar Avenue and Kelburn Avenue. The site has a total lot area of 28,984 square feet and is developed with two existing buildings. Building Department records indicate that the building located in the front of the property is 4,958 square feet and consists of a sanctuary, kitchen, dining, office, library, and storage areas. The rear building is 3,815 square feet and consists of memorial hall, dining hall, library, kitchen, and storage areas. Planning Division records indicate that a total of eight (8) entitlements have been approved for this property since 1993. On January 4, 1993, Conditional Use Permit 92- 573 was approved to expand an existing temple with living quarters and a library. On October 4, 1993, Tentative Parcel Map 023864 was approved to consolidate two (2) parcels into one (1) parcel and a modification of Conditional Use Permit 92-573 was also approved to expand the temple. A second modification to Conditional Use Permit 92-573 was approved on October 2, 1995, for the removal of two existing eucalyptus trees. Zone Variance 00-295, and a third modification to Conditional Use Permit 92-573 was approved on May 1, 2000, to demolish existing living quarters and build a new two- story building in the rear of the lot with less than required amount of parking. Conditional Use Permit 92-573 was modified a fourth time on September 5, 2000, for design changes from a two-story building in the rear of the lot to a one-story building. Conditional Use Permit 07-1111 was approved on May 5, 2008, for the installation of a 40-foot tall unmanned wireless monocypress tree. ' Planning Commission Meeting March 2, 2009 Page 3 of 13 South Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Medium Density Residential and on the zoning map, it is designated R-2 (Light Multiple Residential). The site is surrounded by the following land uses: North: General Plan: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Vacant School Site South: General Plan: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Residential East: General Plan: Public Facilities Zoning: R-2 (Light Multiple Residential) Land Use: Garvey Park West: General Plan: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Residential Planning Commission Meeting March 2, 2009 Page 4 of 13 Administrative Analysis The Planning Commission approved Conditional Use Permit 07-1111 on May 5, 2008, for the installation of a 40-foot tall unmanned wireless telecommunication facility. The approved project consisted of a wireless facility to resemble a live cypress tree and consisted of six (6) panel antennas, one (1) 2'-0" diameter microwave dish antenna and one (1) Global Positioning Systems (GPS) antenna. The project also proposed five (5) equipment cabinets which are located within the 17'-9" by 20'-2" leasehold space. The leasehold space is surrounded by a 6-0" high stucco finished concrete block wall. A copy of the staff report for Conditional Use Permit 07-1111 has been attached as "Exhibit E." On June 9, 2008, the applicant was issued building permits from the Building and Safety Division. The Planning Division received a request for a final inspection in September of 2008. At this inspection, staff determined that the monocypress tree did not match the photographic simulations that were submitted and approved by the Planning Commission on May 5, 2008. The applicant has submitted a photo comparing the actual constructed monocypress with a photo simulation of the proposed modification to the height of the monocypress tree, attached as "Exhibit C." For aesthetic reasons, staff and the applicant agreed that a modification to the unmanned wireless monocypress tree is necessary. Over the last couple of months, staff has worked with the applicant to resolve these issues. The proposed modification consists of increasing the overall height of the existing monocypress tree from 40'-0" to 44'-6". This will be accomplished by replacing the existing 3'-0" tall top-crown with a new 8'-0" tall top crown section. By increasing the height of the tree by 4'-6," the tree will look more like a cypress tree, thus improving the overall aesthetics of the wireless facility. The telecommunication equipment (panel antennas, GPS, and microwave dish antenna) on the tree, which was originally approved by the Planning Commission on May 5, 2008, will not be modified. Therefore, the wireless telecommunication facility will continue not to impact any of the surrounding uses. 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 living and residing in the area of a telecommunications facility, are not affected. Conclusion Staff finds this request to' be consistent with the land uses in the general area, with no foreseeable negative impacts to the surrounding properties. Furthermore, the unmanned wireless monocypress tree was approved by the Planning Commission on May 5, 2008. The applicant has taken the appropriate measures to minimize visual impacts by camouflaging the tower as a cypress tree and hiding the antennas within the proposed monocypress branches. Staff has incorporated conditions of approval to minimize potential negative impacts to the adjacent neighborhood. Therefore, staff recommends that the Planning Commission approve this project with the attached conditions. Planning Commission Meeting March 2, 2009 Page 5 of 13 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' property owner public hearing notice, and postings of ttie notice at the five (5) public locations and on the subject site. Prepared by~ Lily Trifih\ Assistant Planner Submitted by: Sheri Bermejo Principal Planner EXHIBITS: A. Resolution 09-04 3. Conditions of Approval C. Photo Simulation and Structural Analysis D. Assessor Parcel Map (5287-020-039) E. CUP 07-1111 Planning Commission Staff Report, dated May 5, 2008 Planning Commission Meeting March 2, 2009 Page 6 of 13 EXHIBIT "A" PC RESOLUTION 09-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 07-1111 (MODIFICATION), TO INCREASE THE HEIGHT OF AN UNMANNED WIRELESS MONOCYPRESS TREE FROM 40'-0" TO 44'-6," LOCATED AT 7839 EMERSON PLACE IN THE R-2 (LIGHT MULTIPLE RESIDENTIAL) ZONE. (APN: 5287-020-039) WHEREAS, on February 4, 2009, T-Mobile USA filed an application to modify Conditional Use Permit 07-1111, to increase the height of an unmanned wireless monocypress tree from 40'-0" to 44'-6," located at 7839 Emerson Place; and WHEREAS, 7839 Emerson Place is located in the R-2 (Light Multiple Residential) zone; and WHEREAS, Section 17.112.020(15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, on February 26, 2009, forty-three (43) 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 07-1111 (Modification); and Planning Commission Meeting March 2, 2009 Page 7 of 13 WHEREAS, on March 2, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 07-1111 (Modification); 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 07-1111 (Modification) 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 07-1111 (Modification) according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: Staff finds this request to be consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The applicant is proposing to increase the height of an unmanned wireless monocypress tree from 40'-0" to 44'-6." The telecommunication equipment (panel antennas, GPS, and microwave dish antenna) on the tree, which was originally approved by the Planning Commission on May 5, 2008, will not be modified. The applicant has taken appropriate measures to minimize visual impacts to the surrounding properties by camouflaging the tower as a cypress tree and hiding the antennas within the proposed monocypress tower branches. 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 site is designated in the General Plan as Medium Density Residential. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will not be in conflict with established neighborhood districts. On the zoning map, it is designated as R-2 Planning Commission Meeting March 2, 2009 Page 8 of 13 (Light Multiple Residential), which permits the construction of communication towers with approval of a Conditional Use Permit. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. 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. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 07-1111 (Modification), to allow the height modification of unmanned wireless monocypress tree, from 40'-0" to 44'-6," located at 7839 Emerson Place, 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 March 2, 2009, by the following vote: YES: NO: ABSENT: ABSTAIN: 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 2nd day of March, 2009. Daniel Lopez, Chairman Planning Commission Meeting March 2, 2009 Page 9 of 13 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 2nd day of March, 2009 by the following vote: YES: NO: ABSENT: ABSTAIN: 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 2nd day of March, 2009. Sheri Bermejo, Secretary Planning Commission Meeting March 2, 2009 Page 10 of 13 EXHIBIT "B" CONDITIONAL USE PERMIT 07-1111 (MODIFICATION) (APN: 5287-020-039) CONDITIONS OF APPROVAL March 2. 2009 1. Conditional Use Permit 07-1111 (Modification) is approved to increase the height of an unmanned wireless monocypress tree from 40'-0" to 44'-6", to be developed in accordance with the photo simulation marked Exhibit "C", dated February 4, 2009. 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 07-1111 (Modification) shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. . 3. Conditional Use Permit 07-1111 (Modification) is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30-calendar days before expiration of the initial 6 month approval period. Otherwise, Conditional Use Permit 07-1111 (Modification) 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. Conditional Use Permit 07-1111 (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 Conditional Use Permit 07-1111 (Modification). 6. The applicant shall defend, indemnify, and hold harmless the City of Planning Commission Meeting March 2, 2009 Page 11 of 13 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. 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, Building, 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 legal holidays. 11. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Conditional Use Permit 07-1111 (Modification). 12. No portion of the lot, outside of the building, shall be used for storage of any type. All trash and debris shall be contained within approved trash enclosure. 13. 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. 14. 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. 15. Safety standards developed by the American National Standards Institute (ANSI) shall be followed through all stages of construction and operation of this facility. Planning Commission Meeting March 2, 2009 Pace 12 of 13 16. 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. 17. The equipment shelter shall be 6'-0" high and be constructed of concrete block with a stucco finish to match the existing building in texture and color. 18. All existing shade structures and canopies onsite shall be removed from the site. 19. The landscape planter located along the north property line shall be improved with additional landscaping (colorful and drought tolerant trees, shrubs, flowers and ground cover). All landscape planters onsite shall be maintained with adequate landscaping on a regular basis. 20. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical/mechanical . equipment and/or emergency exits. 21. All side and rear yard fencing height shall be increased to a total of six (6) feet. 22. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 23. At no time shall any travel trailer be utilized for living purposes. 24. A new trash enclosure shall be installed directly south of the equipment shelter. The trash enclosure walls shall be 6'-0" tall and be constructed of concrete block with a stucco finish to match the existing building in texture and color. The trash enclosure shall aiso have steel self-closing doors. A decorative trellis cover shall have decorative cut beams. 25. No start-up generators shall be permitted onsite. 26. Violation of the conditions of approval may result in citation. and/or the initiation of revocation proceedings. Planning Commission Meeting March 2, 2009 Pace 13 of 13 EXHIBIT "D" es m a a I 'DEL MAR ~ a ~ + ' co ~ I'. >.II I > .o sr It r. -m- , QI ®hl I I, $ ~ I4 ^ O N ~ D I 6f y6JSJi ly 5 ~ I ' ~ Z / N 9d o O q15 N v ~ f0 IZ qJ.J % p • O I . I ~ v N . 7,__ i I zef.b6 FO ~ y a € s SITE 3 D N o Z 0 A I N J 0) 60 ;•n N 'rn ro r Lu ND io C mY j F M{ ®3 I A ®q N ~a e4D ~r AV E. s Jo sa . r ® 0 o $ I L ~ 31 ~ a x z/a>z i,n b ~ M r I [ a.v m.>o I re a " 6.l/1 r v. 1 o g /f.69 I _ .9 /J.69 yy +'~1 N ®°o i 2 /f.se W O !/566 - Y A a '5.66 f0 6 e >a~: ~Z4 m p t N _m I a N O EXHIBIT "E" ROSEMEAD PLANNING COMMISSION r STAFF REPORT ~CRPORnIED 40 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: May 5, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-1111 7839 EMERSON PLACE Summary T-Mobile USA has submitted a Conditional Use Permit application requesting to install an unmanned wireless 40-foot high Monocypress tree with six (6) attached antennas, one microwave dish antenna and one Global Positioning Systems (GPS) antenna located at 7839 Emerson Place in the R-2 (Light Multiple Residential) zone. Environmental Determination: Section 15303 of the California Environmental Quality Act (CEQA) and local environmental guidelines exempt projects that consist of the installation of new equipment in small structures. Accordingly, Conditional Use Permit 07-1111 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore exempt from further environmental analysis. Municipal Code Requirements Section 17.112.020 of the Rosemead Municipal Code (RMC) allows ".professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon granting of a Conditional Use Permit (CUP) by the Planning Commission. Rosemead Municipal Code Section 17.112.010 sets the following-criteria required for granting such a permit. RMC criteria require that the proposed use be deemed: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding properties. Staff Recommendation Staff recommends that the Planning Commission APPROVE Conditional Use Permit 07-1111 for a period of six (6) months and adopt Resolution 08-05, subject to conditions outlined in Exhibit "B" attached hereto. Planning Commission Meeting May 5, 2008 Page 2 of 15 Property History and Description The subject site is located on the north side of Emerson Place, between Del Mar Avenue and Kelburn Avenue. The site has a total lot area of 28,984 square feet and is developed with two existing buildings. Building Department records indicate that the building located in the front of the property is 4,958 square feet and consists of a sanctuary, kitchen, dining, office, library, and. storage areas. The rear building is 3,815 square feet and consists of memorial hall, dining hall, library, kitchen, and storage areas: Planning Division records indicate that a total of seven entitlements have been approved for this property since 1993. On January 4, 1993, Conditional Use Permit 92- 573 was approved to expand an existing temple with living quarters and a library. On October 4, 1993, Tentative Parcel Map 023864 was approved to consolidate two (2) parcels into one (1) parcel and a modification of Conditional Use Permit 92-573 was also approved to expand the temple. A second modification to. Conditional Use Permit 92-573 was approved on October 2, 1995 for the removal of two existing eucalyptus trees. Zone Variance 00-295 for less than required parking, and a third modification to Conditional Use Permit 92-573 was approved on May 1, 2000 to demolish existing living quarters and build a new two-story building in the rear of the lot. Conditional Use Permit 92-573 was modified a fourth time on September 5, 2000 for design changes from a two-story building in the rear of the lot to a one-story building. South Elevation Planning Commission Meeting May 5, 2008 Paqe 3 of 15 Site & Surrounding Land Uses The project site is designated in the General Plan as Medium Density Residential and on the zoning map, it is designated R-2 (Light Multiple Residential). The site is surrounded by the following land uses: North: General Plan: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Margaret Duff Elementary School South: General Plan: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Residential East: General Plan: Public Facilities Zoning: R-2 (Light Multiple Residential) Land Use: Garvey Park West: General Plan: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Residential Administrative Analysis The applicant is proposing to install an unmanned wireless 40-foot high monocypress telecommunication tower that will consist of six (6) panel antennas, one .(1) 2'-0" diameter microwave dish antenna and one (1) Global Positioning Systems (GPS) antenna. The six (6) antennas will be mounted on the tower in three (3) sectors of two (2) antennas each. Each individual antenna measures at approximately 1'-0" high. The monocypress is designed to replicate a cypress tree. The antennas will be screened with faux branches and a textured trunk to resemble a live tree; similar to the existing trees already on-site. The five (5) equipment cabinets will be located within the 17'-9" by 20'-2" leasehold space. The leasehold space is surrounded by a new 6'-0" high concrete block wall which will have with a stucco finish to match the existing building. A new metal gate will also be installed. The equipment on the monocyp~ess will be located at different heights on the pole. The top of the branches are located at a height of 40'-0", the tops of the panel antennas are located at a height of 36-1", the center of the antennas are located at a height of 34'-0" and the center of the microwave dish is located at a height of 30'-5" from ground level. On February 19, 2008, a public hearing was scheduled for Conditional Use Permit 07- 1111; however, the applicant requested continuance for additional time to work with Planning Commission Meeting May 5, 2008 Page 4 of 15 staff on aesthetic issues. Over the last couple of months, staff has worked with -the applicant to resolve these issues. The proposed location of the wireless telecommunication facility will not impact any of the existing uses. 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 living and residing in the area of a telecommunications facility are not affected. To verify that this proposed facility complies with the FCC limits for human exposure to radiofrequency (RF) electromagnetic fields, the Planning Division has completed the Evaluation of Categorical Exclusion Checklist that the FCC provides for local governments. This proposed telecommunications facility meets the Commission's exclusion criteria. Due to a growing number of cellular phone subscribers and increased usage in the Rosemead area, T-mobile seeks to improve its existing network and expand coverage by adding this wireless facility. This addition will improve coverage and off-load capacity of neighboring sites, as well as improve voice and data transmission to Rosemead residents and commuters who travel along and around the surrounding roadways. Agency Review Comments During the review process, staff compared the proposed site plan to an existing site plan that was approved by the most recent modification of Conditional Use Permit 92- 573 in September of 2000. The final approved plans by the Planning, Building, and the Los Angeles County Fire Departments revealed that a mandatory fire truck hammerhead turnaround was required at the proposed location of the trash enclosure. As. shown in the plans dated April 22, 2008, included in this report as "Exhibit C," the area designated for this required turnaround has been striped with parking stalls. Staff met with the Los Angeles County Fire Department regarding this matter and the Fire Department has determined that a hammerhead turnaround is no longer required for this site. Please find these comments by the Los Angeles County Fire Department in "Exhibit H." Conclusion Staff finds this request to be consistent with the land uses in the general area, with no foreseeable negative impacts to the surrounding properties. The applicant has taken the appropriate measures to minimize visual impacts by camouflaging the tower as a cypress tree and hiding the antennas within the proposed monocypress branches. Staff has incorporated conditions of approval to minimize potential negative impacts to the adjacent neighborhood. Therefore, staff recommends that the Planning Commission approve this project with the attached conditions. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' property owner public hearing notice, and postings of the notice at the five (5) public locations and on the subject site. Planning Commission Meeting May 5, 2008 Page 5 of 15 Prepare Lily Trinh Assistant Planner Submitted by: Matt Everling 4?9 City Planner EXHIBITS: A. Resolution 08-05 B. Conditions of Approval C. Site Plan/Floor Plan/Elevations D. Assessor Parcel Map (5287-020-039) E. Photo Simulations F. Map of Coverage G. RF Emissions Checklist H. Los Angeles County Fire Department Comments