PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT. Fair Oaks / Orange Grove Specific Plan - Limited Commercial District 3, Sub-district "d.

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1 PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: TO: Hearing Officer SUBJECT: Minor Conditional Use Permit #6401 LOCATION: APPLICANT: ZONING DESIGNATION: GENERAL PLAN DESIGNATION: CASE PLANNER: STAFF RECOMMENDATION: Jerry Ambrose for Verizon Wireless Fair Oaks / Orange Grove Specific Plan - Limited Commercial District 3, Sub-district "d." Low-Medium Mixed-Use Robert Avila Adopt the Environmental Determination and the Specific Findings in Attachment A to approve Minor Conditional Use Permit with the conditions in Attachment B. PROJECT PROPOSAL: ENVIRONMENTAL DETERMINATION: Minor Conditional Use Permit - To allow the co-location of wireless telecommunication equipment on the roof of an existing mixed-use building. The equipment would consist of 12 eight-foot panel antennas, 12 remote radio units (RRU s), six surge protection units, a back-up generator, and equipment cabinets within a new x 9-0 lease space on the roof of the building. The newly installed wireless equipment would be screened by a 15-0 penthouse wall finished to match the building. This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code 21080(b)(9); Administrative Code, Title 14, Chapter 3, 15303, Class 3, New Construction or Conversion of Small Structures. Class 3 specifically exempts from environmental review the construction of, or installation of,

2 small new equipment or facilities. The primary use of the site will not change. The co-location of wireless telecommunication equipment on the roof would be ancillary to the primary use. BACKGROUND: Site Characteristics: Adjacent Uses: The subject site is approximately 0.84 acres in size and is located at the southeast corner of Orange Grove Boulevard at Los Robles Avenue. The project site is developed with three-story mixed-use building with 14,201 square feet of retail space on the first floor; 31 residential units, and 10 work/live units, totaling 12,842 square feet on the upper two levels. The project site is the tallest structure in the vicinity. North Retail/Food Sales/Restaurant South Multi-family residential East Multi-family residential West Multi-family residential Adjacent Zoning: North Fair Oaks / Orange Grove Specific Plan - Limited Commercial District 3, Sub-district "d." South Multi-Family Residential, City of Gardens (RM- 32) district. East Multi-Family Residential, Two Units Per Lot (RM-12) district. West Multi-Family Residential, Two Units Per Lot (RM-12) district. Previous Cases: CUP # Conditional Use Permit to Allow Live Work Units as a component of a Mixed-Use project; and Three Variance requests 1) To allow for a reduced size loading space; 2) To allow for reduced size "Unistall" Parking Spaces, and 3) To allow encroachment into a required corner yard for the second and third floors of the building PROJECT DESCRIPTION: The applicant, Jerry Ambrose for Verizon Wireless, has submitted a Minor Conditional Use Permit (MCUP) application to allow the co-location of wireless telecommunication equipment on the roof of an existing mixed-use building. The equipment would consist of 12 eight-foot panel antennas, 12 RRU s, six surge protection units, a back-up generator, and equipment cabinets within a new square foot lease space on the roof of the building. The newly installed wireless equipment would be screened by a 15-0 penthouse wall finished to match the building. A Minor Conditional Use Permit is required for the establishment of a Wireless Telecommunication Antenna Facility, Minor at the project site. Hearing Officer 2 Minor Conditional Use Permit #6401

3 ANALYSIS The proposed project is classified as a Wireless Telecommunications Antenna Facility, Minor land use, which is defined in the Zoning Code as a wireless telecommunications antenna facility that is designed to be building-mounted, or co-located on an existing structure with other wireless communications service providers. The Zoning Code encourages locating wireless telecommunication antenna facilities on existing buildings and the co-location of antenna facilities with other wireless telecommunication service providers. The existing mixed-use structure at the project site was constructed in It is the tallest structure in the immediate vicinity of the Orange Grove Boulevard and Los Robles Avenue intersection. The proposed project would co-locate new wireless telecommunications equipment on the roof of the existing structure at the northwest corner of the roof. According to PMC , co-located wireless telecommunication facilities are permitted subject to the approval of a Minor Conditional Use Permit. The proposal meets all the development standards as specified in Section (Wireless Telecommunication Antenna Facilities). An appurtenance is defined as a tower, spire, cupola, chimney, penthouse, water tank, flagpole, theater scenery loft, radio or television antenna, transmission tower, fire equipment, or other similar structure that is attached to a structure and not intended for human occupancy. For commercial and mixed-use structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limits established by the applicable zoning district by a maximum of 15 feet. The maximum height limit in the zoning district is 36 feet. Therefore the maximum permitted height for appurtenances would be 51 feet. The existing mixed-use structure features a contemporary design with a parapet wall that reaches 36 feet in height at the intersection of Orange Grove Boulevard and Los Robles Avenue as measured from existing grade (sidewalk). The building site is segmented into wings and modules of varying height. The interior wings are two stories in height, while the structure along the street edge is three stories on both the Orange Grove Boulevard and Los Robles Avenue elevations. In order to achieve maximum utility, the new equipment must be placed on the highest point on the structure, and as close to the street intersection as feasible. The screening walls are proposed approximately six inches behind the parapet walls at the street intersection, and not attached to it. The screening walls are not an extension of the parapet wall, but are classified as an appurtenance. The location at the northwest corner of the host building increases the visibility of the screening structure from the public right-of-way. The development standards for collocated facilities require that all screening be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted. Additionally, all sides of the project are to be concealed from public view. The Zoning Code further mandates no visible transition between existing and new surfaces, no exposed cables, mounting apparatus or pipes are permitted, and no interruption of horizontal or vertical reveals. Existing mechanical equipment on the roof limits location options for the proposed co-located cellular equipment. Aesthetically, the City s preferred position for new cellular equipment is any location as far as feasible from the exterior parapet wall. In this instance, the screen wall has an approximate separation of six inches from the parapet wall. This is the most feasible location able to accommodate the footprint of the screening structure. To address the aesthetic concerns of visibility and to ensure that the screening walls are compatible with the contemporary design of the host building, staff is recommending Condition of Approval #19 requiring the project Hearing Officer 3 Minor Conditional Use Permit #6401

4 receive design review approval prior to the issuance of a building permit. The placement of the screening wall structure at the highly visible northwest corner of the roof is considered to be a substantial alteration to an existing structure over 25,000 square feet along a Major Corridor (Orange Grove Boulevard). The review body for projects of these criteria would be the Design Commission at a noticed public hearing. The proposed wireless telecommunications facility is required to comply with the federally adopted health and safety thresholds established in the Federal Communications Act of The proposed telecommunications facility would operate in full compliance with the U.S. standards for radio frequency emissions as published by the American National Standards Institute (ANSI). No significant impacts are anticipated as a result of this project. As conditioned, the applicant must demonstrate compliance with all applicable Federal Standards. GENERAL PLAN CONSISTENCY: Policy 16.7 of the General Plan Land Use Element encourages the colocation of Wireless Telecommunication Facilities, Minor on existing structures to prevent a proliferation of wireless monopoles throughout the City. The Wireless Telecommunications Facility, Minor would be located on the roof of the three-story structure at the project site and screened by the 15 foot fiberglass reinforced plastic panel penthouse wall from views from the public right-of-way. The new facility would provide improved cellular service for users in the immediate area. The proposed co-location of a wireless telecommunications facility would be conditioned to receive design review approval to ensure compatibility with the surrounding neighborhood. ENVIRONMENTAL REVIEW: This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code 21080(b)(9); Administrative Code, Title 14, Chapter 3, 15303, Class 3, New Construction or Conversion of Small Structures. Class 3 specifically exempts from environmental review the construction of, or installation of, small new equipment or facilities. The primary use of the site would not change, and the colocation of wireless telecommunication equipment on the roof would be a small accessory component. COMMENTS FROM OTHER DEPARTMENTS: The Building and Safety Division, Public Works Department, Transportation Department, and the Fire Department have reviewed the proposed project and would review the project again in the Building Permit plan check process in compliance with applicable requirements. The Public Works Department, Design and Historic Preservation Division, Building & Safety Division, and the Fire Department have provided conditions of approval which are included in Attachment B of this report. CONCLUSION: The proposed use would establish a new Wireless Telecommunications Facility, Minor on the roof of the existing mixed-use building. The City s Zoning Code encourages the co-location of antenna arrays on existing facilities. The Verizon Wireless antennas and ancillary equipment would not exceed the maximum height limit requirement and would be located in an enclosure that is designed to be architecturally compatible with the existing building. All antennas and equipment would be screened from view of the public right-of-way. Therefore, staff recommends Hearing Officer 4 Minor Conditional Use Permit #6401

5 that the Hearing Officer approve the application with the findings in Attachment A and the Conditions of Approval in Attachment B. Attachment A: Specific Findings for Approval Attachment B: Conditions of Approval Hearing Officer 5 Minor Conditional Use Permit #6401

6 ATTACHMENT A FINDINGS FOR MINOR CONDITIONAL USE PERMIT # The proposed use is allowed with a Minor Conditional Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code. The project will co-locate an unmanned wireless telecommunications facility on the roof of an existing three-story mixed-use building. All screening shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted. All sides of the project shall be concealed from public view. There shall be no visible transition between existing and new surfaces, no exposed cables, mounting apparatus or pipes permitted, and no interruption of horizontal or vertical reveals. Therefore, the proposed use will be consistent with the development standards of the Zoning Code specific to Wireless Telecommunication Facilities, Minor. 2. The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district. The proposal is a colocation of a wireless telecommunications facility that will be appropriately screened from the public-right-of-way as required by the Zoning Code. The co-location of new wireless telecommunication equipment mounted on the rooftop of an existing three-story building will provide new wireless service and improved coverage to this portion of the City. Furthermore, the Zoning Code encourages the co-location of antennas on existing structures. The location of the new wireless telecommunication facility on the roof of the existing structure at the project site will not change the primary use of the site. The wireless telecommunication equipment is an ancillary use to the established mixed-use retail/residential nature of the site. 3. The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan. Policy 16.7 of the General Plan Land Use Element encourages the co-location of facilities between various public service providers, as well as those offered by private entities. The objective is to assure that new and/or incidental development is consistent and compatible with the mix of uses permitted by the Fair Oaks/Orange Grove Specific Plan at this location. The co-location will allow an existing structure to be utilized in lieu of a new free-standing telecommunication wireless facility elsewhere in the neighborhood. The co-location of new wireless equipment will also provide improved cellular coverage for users in the immediate area. 4. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed wireless telecommunications facility must comply with the federally adopted health and safety thresholds established in the Federal Communications Act of The proposed telecommunications facility will operate in full compliance with the U.S. standards for radio frequency emissions as published by the American National Standards Institute (ANSI). No significant impacts are anticipated as a result of this project. As conditioned, the applicant must demonstrate compliance with all applicable Federal Standards. 5. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposal is to co-locate new equipment and provide increased wireless coverage with minimal changes to the design of the existing building. All antenna and ancillary equipment will be located within a new rooftop enclosure that will be textured and painted to match the existing mixed-use building and screened from view of the public right-of-way. The new Hearing Officer 6 Minor Conditional Use Permit #6401

7 wireless equipment will be setback 150 feet from the nearest residential property to the south of the site. As such, the proposal will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. 6. The design location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. Co-location of wireless telecommunications facilities is encouraged in order to eliminate the necessity for installations of new monopoles. All antenna and ancillary equipment will be located within a new square foot enclosure that will be designed, textured, and painted to match the existing mixed-use building and screened from public right-of-way views. The applicable development standards and Conditions of Approval #19 requiring design review approval will ensure that the proposed use is compatible with the surrounding uses, and aesthetically and visually consistent with the architecture of the project site. Hearing Officer 7 Minor Conditional Use Permit #6401

8 ATTACHMENT B RECOMMENDED CONDITIONS FOR MINOR CONDITIONAL USE PERMIT #6401 The applicant or successor in interest shall meet the following conditions: General 1. The site plan, elevations, and building section drawings submitted for building permits shall substantially conform to the plans stamped Received at Hearing,, except as modified herein. 2. In accordance with Section of the Pasadena Municipal Code, the exercise of the right granted under this application must be commenced within three years of the effective date of the approval. This approval is eligible for two one-year extensions. Each one year extension is required to be reviewed and approved by the Hearing Officer at a noticed public hearing. In order for a project to be eligible for a time extension, the applicant is required to submit the required fee and time extension application to the Permit Center prior to the expiration date of the land use entitlement. 3. The project consists of the installation of a new Wireless Telecommunications Facility, Minor land use; MCUP #6401 to allow 12 eight-foot panel antennas, 12 RRU s, six surge protection units, a back-up generator, and equipment cabinets within a new square foot lease space on the roof of the building. The newly installed wireless equipment would be screened by a 15 foot fiber reinforced panel penthouse finished to match the building. 4. The applicant or successor in interest shall meet the applicable code requirements of all City Departments. 5. The Hearing Officer s Decision Letter and conditions of approval shall be incorporated in the submitted building plans as part of the building plan check process. 6. Final elevations, including material of construction, shall be submitted to and approved by the Zoning Administrator prior to issuance of any building permits. 7. The proposed project, Activity Number PLN , is subject to the Inspection Program by the City. A Final Zoning Inspection is required for your project prior to the issuance of a Certificate of Occupancy or approval of the Final Building Inspection. In addition, the project requires Conditional Mitigation Monitoring. Contact the Case Planner Robert Avila, at (626) to schedule an inspection time. Planning Division 8. All wireless telecommunication antennas and equipment shall be screened or located out of view from public rights-of-way. 9. All fiber reinforced panels (FRP) shall be finished to match the host building in style, color, texture and finish. 10. The use of chain-link fencing or razor wire in the design of a facility or related support facilities is prohibited. Hearing Officer 8 Minor Conditional Use Permit #6401

9 11. No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a facility is attached. 12. The site of the facilities shall be maintained in a condition free of debris, refuse, and trash. All graffiti shall be removed within 48 hours. 13. Upon installation of the facility, the applicant shall demonstrate that the project will not result in levels of radio frequency emissions that exceed Federal Communications Commission standards, including FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director determines the wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission uncontrolled/general population standards in the FCC Office of Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended, in areas accessible by the general population, the Director may require post-installation testing to determine whether to require further mitigation of radio frequency emissions. The cost of any such testing and mitigation shall be borne by the applicant. 14. Before the issuance of any permit, the applicant shall post with the City a performance bond or other security in an amount rationally related to the cost of removal. 15. The Director of Planning & Community Planning may require the applicant to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed use, including issues involving radio frequency emissions, alternative designs, and alternative sites. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not to be disclosed to any third party without the express consent of the applicant, unless otherwise required by law. 16. If a support structure or an antenna array affixed to a building or support structure, becomes inoperable or ceases to be used for a period of 180 consecutive days: The permittee shall give written notice of inoperability or nonuse to the Zoning Administrator and the antenna array and, if applicable, the support structure shall be removed within 90 days. If removal does not occur, the City may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it. 17. This approval is valid for a period of 10 years from the effective date of the approval. Prior to expiration of the initial period, the permit may be extended by a decision by the Director for a period no longer than the initial period upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in this Code which are in effect at the time of the permit renewal request. The Director shall provide notice of the extension only to the applicant, all persons who have filed a written request for notice of the extension, the Planning Commission, and the City Council. Hearing Officer 9 Minor Conditional Use Permit #6401

10 Building Division 18. The project shall comply with the governing edition of the California Building Standards in effect at the time of the plan review submittal. Design & Historic Preservation Division 19. The project shall receive design review approval prior to the issuance of building permits for the installation of the proposed cellular equipment. Fire Department 20. The project shall comply with the requirements of California Fire Code Section 608. Public Works Department 21. Past experience has indicated that projects such as this tend to damage the abutting street improvements with the heavy equipment and truck traffic that is necessary during construction. Additionally, the City has had difficulty in requiring developers to maintain a clean and safe site during the construction phase of development. Accordingly, the applicant shall place a $1,000 deposit with the Department of Public Works prior to the issuance of a building or grading permit. This deposit is subject to refund or additional billing, and is a guarantee that the applicant will keep the site clean and safe, and will make permanent repairs to the abutting street improvements that are damaged, including striping, slurry seal/resurfacing, curb, gutter, and sidewalk, either directly or indirectly, by the construction on this site. The deposit may be used for any charges resulting from damage to street trees. A processing fee will be charged against the deposit. 22. Prior to the start of construction or the issuance of any permits, the applicant shall submit a Construction Staging and Traffic Management Plan to the Department of Public Works for review and approval. The template for the Construction Staging and Traffic Management Plan can be obtained from the Department of Public Works webpage at: A deposit, based on the General Fee Schedule, is required for plan review and on-going monitoring during construction. This plan shall show the impact of the various construction stages on the public right-of-way including all street occupations, lane closures, detours, staging areas, and routes of construction vehicles entering and exiting the construction site. An occupancy permit shall be obtained from the department for the occupation of any traffic lane, parking lane, parkway, or any other public right-of-way. All lane closures shall be done in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and California Supplement. If the public right-of-way occupation requires a diagram that is not a part of the MUTCD or California Supplement, a separate traffic control plan must be submitted as part of the Construction Staging and Traffic Management Plan to the department for review and approval. No construction staging, material storage, or trailer is allowed in the public right of way. 23. In preparation for the New Year Rose Parade and Rose Bowl Game, the Department of Public Works will suspend all works within the public right-of-way during the holiday season in accordance to PMC and City Policy. Hearing Officer 10 Minor Conditional Use Permit #6401

11 In general, all public streets, sidewalks and parkways shall be free and clear of excavations and other construction related activities during the period of November through January of the following year. Specific dates will vary on an annual basis. Accordingly, contractors will be required to shut down construction operations which would impede traffic and pedestrian movements during these periods unless otherwise authorized by the City Engineer. Any existing excavations shall be backfilled, compacted and temporarily repaved before the beginning of the moratorium period. The Holiday Moratorium Map, showing the appropriate shutdown period, and corresponding areas in the City, is available at the Department of Public Works Permit Counter (window #6), 175 N. Garfield Avenue, Pasadena, CA 91109, or at the following link: All costs associated with these conditions shall be the applicant s responsibility. Unless otherwise noted in this memo, all costs are based on the General Fee Schedule that is in effect at the time these conditions are met. A processing fee will be charged against all deposits. 25. In addition to the above conditions, the requirements of the following ordinances will apply to the proposed project: A. Sidewalk Ordinance - Chapter of the Pasadena Municipal Code (PMC) In accordance with Section , entitled Abandoned Driveways of the PMC, the applicant shall close any unused drive approach with standard concrete curb, gutter and sidewalk. In addition, the applicant shall repair any existing or newly damaged curb, gutter and sidewalk along the subject frontage prior to the issuance of a Certificate of Occupancy in accordance with Section , entitled Inspection required for Permit Clearance of the PMC. B. City Trees and Tree Protection Ordinance - Chapter 8.52 of the PMC The ordinance provides for the protection of specific types of trees on private property as well as all trees on public property. No street trees in the public right-of-way shall be removed without the approval of the Urban Forestry Advisory Committee. No trees shall be damaged by the proposed construction, if a City tree is damaged, the applicant may be liable for the assessed value of the tree. Hearing Officer 11 Minor Conditional Use Permit #6401