PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: NOVEMBER 16, 2016 TO: FROM: BOARD OF ZONING APPEALS KELVIN PARKER, ZONING ADMINISTRATOR SUBJECT: APPEAL OF THE HEARING OFFICERS DECISION: CONDITIONAL USE PERMIT #6295 400 W. COLORADO BOULEVARD RECOMMENDATION: It is recommended that the Board of Zoning Appeals: 1. Adopt a determination that the proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15303 (New Construction of Conversion of Small Structures) of the State CEQA Guidelines; and 2. Uphold the Hearing Officer s decision and approve the Conditional Use Permit to allow the installation and operation of a Wireless Telecommunications Facility, Major with the Findings in Attachment A and Conditions of Approval in Attachment B. EXECUTIVE SUMMARY: On July 20, 2016 the Hearing Officer approved a Conditional Use Permit to allow the installation and operation of a Wireless Telecommunications Facility, Major within the WGSP-1C (West Gateway Specific Plan, The Colorado Boulevard area) zoning district. The proposal is to install a new 40-foot tall mono-tree structure that would include nine panel antennas, nine RRU s, and other associated equipment. A Conditional Use Permit is required for a Wireless Telecommunications Facility, Major within the WGSP-1C zoning district. On July 28, 2016, Gretchen Brickson and Jordan Sollitto appealed the Hearing Officer s decision (Attachment C) to the Board of Zoning Appeals. The effect of an appeal is that the prior decision of the Hearing Officer is vacated. The hearing before the Board of Zoning appeals is a de novo hearing where the Board has no obligation to honor the prior decision and has the authority to make an entirely different decision. The Hearing s Officer Addendum in response to the appeal has been included as Attachment E.
BACKGROUND: Existing Site Characteristics: The project site is an irregular-shaped parcel located at 400 W. Colorado that measures approximately 3.56 acres (155,193 square feet). The project site is located along Colorado Boulevard, north of Green Street, east of Orange Grove Boulevard and west of Terrace Drive. The subject site is currently developed with a Club, Lodges, and Private Meeting Hall land use (Elks Lodge). Adjacent Uses: North Institutional (Norton Simon Museum) South Multi-Family Residential/institutional (Ambassador West Campus) East Commercial (Office Building) West Multi-Family Residential Adjacent Zoning: North OS (Open Space) South WGSP-1A, 1B (West Gateway Specific Plan, The Ambassador College campus) East WGSP-1C (West Gateway Specific Plan, The Colorado Boulevard area) West RM-16 (Multi-Family Residential, 0-16 dwelling units per acre) Background: On January 30, 2015, the applicant, Verizon Wireless, submitted a Conditional Use Permit application to allow the installation and operation of an unmanned Wireless Telecommunications Facility Major. The site is currently developed with a Club, Lodges, and Private Meeting Hall land use (Elks Lodge). The proposal is to install a new 40-foot tall monotree structure that would include nine panel antennas, nine RRU s, and other associated equipment. A Conditional Use Permit is required for a Wireless Telecommunication Facility Major land use within the WGSP-1C zoning district. On July 20, 2016 after careful consideration of the proposed application, and with full knowledge of the property and vicinity, the Hearing Officer made the findings to approve Conditional Use Permit # 6295 with conditions. ANALYSIS: Conditional Use Permit To allow a New Wireless Telecommunication Antenna Facilities, Major Land Use. The Zoning Code defines a Wireless Telecommunication Antenna Facilities, Major land use as a wireless telecommunications antenna facility that is designed as a freestanding structure. In this case, Verizon Wireless is proposing to erect a new freestanding telecommunication structure. The proposed structure would have a maximum height of 40 feet and include nine wireless panels, nine RRU s, and other associated equipment. The applicant is proposing to disguise the new support structure as a Eucalyptus tree. Within the immediate area of the Board of Zoning Appeals Conditional Use Permit #6295 November 16, 2016 400 W. Colorado Boulevard
proposed project there are a series of existing broad-leaf trees in excess of 40 feet in height. Section 17.50.310.E.5 of the Zoning Code requires that a new wireless communications facility support structure, that is designed to look like a faux tree, be of a type compatible with the existing trees in the immediate area of the installation. The applicant has demonstrated through pictures and photo simulations (Attachment F) that the proposed faux tree would camouflage with the existing trees and landscape setting. The new antennas and RRU s would be located behind the canopy area of the faux tree, screened from public view. The antennas and RRU s would be situated in an array with three panels on each section. The center of the antennas would be located at a height of 32 feet. The antennas would be situated around the center pole of the faux tree. In addition, Verizon is proposing a 173 square foot ground-mounted equipment area that would be fully enclosed in a stucco structure with a tile roof. The installation of the new telecommunication panel antennas and ancillary equipment is intended to improve wireless telecommunication service and coverage in the immediate area. A justification study was submitted by the applicant and reviewed by a third party consultant (Telecom Law Firm) and determined that this proposed site and design would be the least intrusive proposal for the identified coverage gap. Zoning and Land Use The WGSP-1C zoning district allows wireless telecommunication facilities subject to the approval of a Conditional Use Permit. The project is consistent with the purpose of the West Gateway Specific Plan in that the project would provide wireless service to an area with a broad mix of land uses. In addition, the project has been designed to blend into the existing environment and is in scale with the character of the immediate area. There are seven findings required to be made prior to the approval of a Conditional Use Permit. For this project it was found that all of the findings could be made (Attachment A). The table below demonstrates how the proposed project complies with the Zoning Code development standards. Development Standard Zoning Code Requirement Proposed Project Front Setbacks 20' minimum 60' Side Setback none east side - 68 west side - 38 Rear Setback 20' minimum 38' Height Limit 40' maximum 40 On-site Building Separation 10 minimum 48 Residential Separation 100 minimum 138 Pursuant to Section 17.50.310.E.9 of the City s Zoning Code, there shall be a 500-foot distance requirement between each site containing an individual support structure, measured from site to site. The proposed mono-tree telecommunication facility is not located within 500 feet of another individual telecommunication support structure. The closest support structure is located at 444 N. Fair Oaks Avenue, approximately 4,000 feet from the proposed mono-tree support structure. Board of Zoning Appeals Conditional Use Permit #6295 November 16, 2016 400 W. Colorado Boulevard
In addition, Section 17.50.310.E.8.c states that a support structure shall not be located within any designated historic district or landmark district. The Ambassador West Campus is located directly to the south of the subject site and contains multiple historic structures including the Ross Grove landmark district. However, the subject site is not located within any historic or landmark district. COMMENTS FROM OTHER DEPARTMENTS: The proposal was reviewed by the Department of Transportation, Fire Department, Department of Public Works, Public Health Department, Building Section, Design and Historic Preservation (DHP) Section, and Police Department. The Department of Transportation, Fire Department, Public Health Department, Building Section, DHP Section and Police Department had no comments at this time and would review the plans through the building permit plan check process to ensure compliance with applicable code requirements. The Department of Public Works issued comments that have been incorporated into the Conditions of Approval in Attachment B of this report. GENERAL PLAN CONSISTENCY: The proposed project is consistent with the goals and objectives of the General Plan. Goal 14 of the General Plan encourages supporting tourism in the City. Pasadena is a major destination for tourists from throughout the world, specifically for the annual Rose Parade. The subject site is along the Rose Parade route, where the proposed wireless facility would strengthen the wireless signal in the immediate area. In addition, the proposed wireless facility would be using a faux-tree design that would blend with the existing landscape setting in the immediate area; this is consistent with Policy 4.11 of the General Plan Land Use Element that ensures development to be compatible with the existing environment. 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). Section 15303 exempts from environmental review the construction of limited numbers of new, small facilities or structures. The project includes the installation of a mono-tree wireless facility and a small ground-mounted equipment shelter. Board of Zoning Appeals Conditional Use Permit #6295 November 16, 2016 400 W. Colorado Boulevard
CONCLUSION: It is staff s determination that the required findings for the Conditional Use Permit to allow the installation of a new Wireless Telecommunication Antenna Facilities, Major can be made. The proposed project is substantially consistent with the development standards of the Zoning Code. The project seeks to modernize and improve the existing wireless service in the City. Therefore, staff recommends that the Conditional Use Permit be approved subject to the Findings in Attachment A and recommended Conditions of Approval in Attachment B of this report. RECOMMENDATION: It is recommended that the Board of Zoning Appeals: 1. Adopt a determination that the proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15303 (New Construction of Conversion of Small Structures) of the State CEQA Guidelines; and 2. Uphold the Hearing Officer s decision and approve the Conditional Use Permit allow the installation and operation of a Wireless Telecommunications Facility, Major with the Findings in Attachment A and Conditions of Approval in Attachment B. Prepared by: Reviewed by: Jason Killebrew Planner Kelvin Parker Principal Planner/Zoning Administrator Attachments: Attachment A - Recommended Specific Findings Attachment B - Recommended Conditions of Approval Attachment C - Hearing Officer Decision Letter Attachment D - Appeal Application Attachment E - Hearing Officer Addendum Attachment F - Photo Simulations Board of Zoning Appeals Conditional Use Permit #6295 November 16, 2016 400 W. Colorado Boulevard
ATTACHMENT A SPECIFIC FINDINGS FOR CONDITIONAL USE PERMIT #6295 Conditional Use Permit To Allow the Installation of a New Wireless Telecommunication Antenna Facilities, Major Land Use. 1. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code. The proposed Wireless Telecommunication Facility, Major land use is permitted within the WGSP-1C (The Colorado Boulevard area) zoning district subject to the approval of a Conditional Use Permit. The proposal is to install a new 40-foot tall mono-tree structure that will include nine panel antennas, nine RRU s, and other associated equipment. The installation of the new telecommunication panel antennas and ancillary equipment is intended to improve wireless telecommunication service and coverage in the immediate area. A justification study was submitted by the applicant and reviewed by a third party consultant (Telecom Law Firm) and determined that this proposed site and design would be the least intrusive proposal for the identified coverage gap. Section 17.50.310.E.5 of the Zoning Code requires that a new wireless communications facility support structure, that is designed to look like a faux tree, be of a type compatible with the existing trees in the immediate area of the installation. The applicant has demonstrated through pictures and photo simulations that the proposed mono- tree would camouflage with the existing trees and landscape setting. The overall height of proposed mono-tree is consistent with the maximum height allowed of the WGSP- 1C zoning district. Therefore, as conditioned in this report, the project will comply with the zoning district and all applicable provisions of the Zoning Code. 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 WGSP-1C (The Colorado Boulevard area) zoning district allows wireless telecommunication facilities subject to the approval of a Conditional Use Permit. The proposal is to install a new 40-foot tall mono-tree structure that will include nine panel antennas, nine RRU s, and other associated equipment. The project is consistent with the purpose of the West Gateway Specific Plan in that the project will provide wireless service to an area with a broad mix of land uses. In addition, the project has been designed to blend into the existing environment and is in scale with the character of the immediate area. The new facility will provide improved coverage along major thoroughfares, specifically Colorado Boulevard, in the general vicinity. The proposed monotree will be designed to blend into the existing landscape setting. Therefore, as conditioned in this report, the project is in compliance with Section 17.50.310 Telecommunication Facilities of the Zoning Code. 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. The project as proposed is consistent with the goals and objectives of the General Plan. Goal 14 of the General Plan that encourages supporting tourism in the City. Pasadena is a major destination for tourists from throughout the world, specifically for the annual Rose Parade. The subject site is along the Rose Parade route, where the proposed wireless facility would strengthen the wireless signal in the immediate area. In addition, the proposed wireless facility would be using a faux-tree design that would blend with the existing landscape setting in the immediate area; this is consistent with Policy 4.11 of the General Plan that ensures development to compatible with the existing environment. Board of Zoning Appeals Conditional Use Permit #6295 November 16, 2016 400 W. Colorado Boulevard
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 Telecommunication Facilities, Major land use shall comply with the federally adopted health and safety thresholds established in the Federal Communications Act of 1996. The proposed telecommunications facilities will operate in full compliance with the U.S. standards for radio frequency emissions as published by the American National Standards Institute (ANSI). Similar telecommunications facilities such as this have been documented to operate and transmit at levels far below the federal standards. As conditioned, the application must demonstrate compliance with all applicable Federal Standards. No significant impacts are anticipated as a result of this project. 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 in that the Wireless Telecommunications Facilities, Major land use are strictly regulated by the Federal Communications Commission (FCC) and the facilities must operate at or below the threshold of significance as regulated by the FCC that is deemed safe for human exposure to radio frequency and electromagnetic fields. A condition of approval is included that will require documentation of the frequency emission prior to the final building permit issuance. The new mono-tree facility and required equipment meet all standards of the Zoning Code and will meet all FCC emission compliance regulations. 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. The applicant is proposing to disguise the Wireless Telecommunication Facilities, Major as a faux tree. Within the immediate area of the proposed project there are a series of existing trees in excess of 40 feet in height. Section 17.50.310.E.5 of the Zoning Code requires that, when installing a new wireless facility support structure designed to look like a faux tree, it must be compatible with the existing trees in the immediate area of the installation. The applicant has demonstrated through pictures and photo simulations that the proposed mono tree would camouflage with the existing trees and landscape setting. A condition of approval in Attachment B of the report will ensure that the existing landscaped setting is maintained for the life of this Wireless Telecommunication Facilities, Major land use. 7. Based upon evidence submitted by the applicant, no existing building or support structure can reasonable accommodate the proposed wireless telecommunication antenna facility. The applicant submitted a justification study that identified multiple locations for a wireless facility within the identified coverage gap area that this facility is intended to serve. The report found that a telecommunication facility located at a series of identified sites would not be feasible. The City commissioned a third party consultant (Telecom Law Firm) to review this study. The consultant concluded that the proposed project site would be the least intrusive location for a telecommunication facility for the gap coverage area. Board of Zoning Appeals Conditional Use Permit #6295 November 16, 2016 400 W. Colorado Boulevard
ATTACHMENT B CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #6295 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 plans submitted and stamped Received at Hearing, July 20, 2016, except as modified herein. 2. The applicant or successor in interest shall meet the applicable code requirements of all City Departments. 3. In accordance with Section 17.64.040 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. 4. This approval is to allow the installation and operation of an unmanned Wireless Telecommunications Facility, Major. The proposal is to install a new 40-foot tall mono-tree structure that would include nine panel antennas, nine RRU s, and other associated equipment. 5. The final 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 PLN2015-00042, 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 Planning Case Manager, Jason Killebrew at 626.744.7096 to schedule an inspection time Planning Division 8. All equipment shall be housed with the canopy of the mono-tree structure and shall be screened from public right-of-way views. 9. The applicant shall be responsible for the monitoring of the existing trees along Green Street. At any point an existing tree is removed or declines in health, the applicant shall be responsible to replace the tree to the satisfaction of the Zoning Administrator. 10. The use of chain-link fencing or razor wire in the design of a facility or related support facilities is prohibited.
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 and Community Development 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 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. Once this permit has been exercised, the permit shall be 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.
Department of Public Works 18. In order to accommodate an Americans with Disabilities Act (ADA) compliant curb ramp, the applicant shall reconstruct a curb ramp at: a) The northeast corner of Green Street and Orange Grove Boulevard. b) The northwest corner of Green Street and Terrace Drive, which approximately has an existing 10-foot curb radius. The ADA compliant curb ramp shall be constructed per Standard Plan No. S-414. The curb ramp construction shall be completed prior to the issuance of Certificate of Occupancy. A separate permit from the Department of Public Works is required for all construction in the public right-of-way. Please contact 626-744-4195 for the general process. The applicant may submit to the City for review any proposed designs that will comply with the ADA requirements. The applicant is responsible for the design, preparation of plans and specifications, and construction of the new curb ramp. Plans for the curb return improvements shall be prepared by a civil engineer, registered in the State of California. Upon submittal of improvement plans to the Departments of Public Works for review, the applicant will be required to place a deposit with the Department of Public Works to cover the cost of plan checking. The amount of deposit will be based on the current City s General Fee Schedule. Note that the building plans approved by the City s Planning (Building) Department do not constitute approvals for work in the public right-of-way. Separate plans shall be submitted to the Department of Public Works Engineering Division at 175 North Garfield Avenue Window 6. The applicant shall submit the curb return improvement plans and the plan check deposit at least two (2) months prior to the issuance of any building or demolition permits. Upon review of the curb ramp improvement plans, the applicant may need to dedicate to the City for street purposes the land necessary at the property line corner rounding (up to 20 feet radius at the northwest corner of Green St. & Terrace Dr.) to provide for the minimum clearance required by the Americans with Disabilities Act standards. If so, the applicant shall remove and reconstruct the sidewalk for the dedicated area, per Standard Plan No. S- 421. The applicant shall be responsible for all the cost required to complete the dedication, if it is required. The dedication document and processing fee shall be submitted to this office prior to issuance of any permits. The dedication document shall be executed and recorded prior to the issuance of a Certificate of Occupancy. 19. 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: http://cityofpasadena.net/publicworks/engineering_division/ 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 in the public right-of-way. 20. 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 any 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, street trees, curb, gutter, and sidewalk, either directly or indirectly, by the construction on this site. This deposit may also be used for charges due to damage to existing street trees and for City personnel to review traffic control plans and maintain traffic control. A processing fee will be charged against the deposit. All costs associated with the above condition 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. 21. 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. In addition to the above condition, the requirements of the following ordinances may apply to the proposed project: a. Sidewalk Ordinance - Chapter 12.04 of the Pasadena Municipal Code (PMC) In accordance with Section 12.04.035, 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 sidewalk along the subject frontage prior to the issuance of a Certificate of Occupancy or any building permit for work in excess of $20,000 pertaining to occupancy or construction on the property in accordance with Section 12.04.031, 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.
ATTACHMENT C HEARING OFFICER DECISION LETTER
ATTACHMENT D APPEAL APPLICATION
ATTACHMENT E HEARING OFFICER ADDENDUM I conducted a regularly scheduled public hearing for the proposed project located at 400 West Colorado Boulevard. Conditional Use Permit- to allow the installation and operation of an unmanned Wireless Telecommunications Facility, Major. The proposal is to install a new 40-foot tall mono-tree structure that would include nine panel antennas, nine RRU s and other associated equipment. I thoroughly reviewed the staff report and the relevant exhibits. I also visited the site in question prior to the hearing date. At the hearing, I took testimony from the applicant, Miguel Samoyoa and the architect representing Verizon Wireless. Five neighbors spoke with a variety of concerns, including: potential health effects, distance of the proposed facility from the Montessori school, billing issues with Verizon, location of the wireless telecommunications facility on the site, views of the project, concern regarding the aesthetics and placement of the wireless telecommunications facility along the Rose Parade route. After having reviewed the materials at hand, I approved the proposed Conditional Use Permit based on the required seven findings. Twenty-one conditions were attached to the decision which outlined typical Building, Fire, Public Works, and Planning requirements to ensure that the proposed wireless telecommunications facility meets the standards set for this type of development. My decision to approve the project was based on the following facts: 1. The proposed wireless telecommunications facility will be constructed on a 3.56 acre parcel of land in the WGSP-1C (West Gateway Specific Plan, The Colorado Boulevard area) zoning district on West Colorado Boulevard. 2. The proposed wireless telecommunication facility is a 40-foot tall mono-tree structure including nine panel antennas, nine RRU s and other associated equipment. The subject site is developed with the Elk s Lodge and associated parking. The structure will be disguised as a eucalyptus tree with full foliage placed within a landscaped area of the parking lot with a minimum of two trees and additional landscaping. Views from residential uses across Green Street will be screened by the numerous existing trees in excess of 40 feet in height along Green Street and within the new proposed landscaping. 3. Associated ground equipment will be fully enclosed in a stucco structure with a tile roof. 4. Photo simulations and pictures were submitted that demonstrated that the proposed mono-tree would camouflage with the existing trees and landscape setting. 5. A condition of approval was included to ensure that the existing landscaped setting is maintained for the life of the wireless telecommunications facility. 6. The proposed project meets all Zoning Code development standards: front setback, side setbacks, rear setback, height limit, on-site building separation, including the residential separation requirement of 100 feet minimum. The proposed project is 138 feet from the nearest residence. There are no variances or other discretionary approvals required for this project development.
7. The proposed project complies with the City s 500-foot distance requirement between each site containing an individual support structure, measured from site to site. The proposed mono-tree telecommunication facility is not located within 500 feet of another individual telecommunication support structure (the closest is 4,000 feet from the proposed project). 8. The proposed project is not located within any designated historic district or landmark district. The Ambassador West Campus is located directly across to the south of the subject site and contains multiple historic structures including the Ross Grove landmark district. The Historic Preservation (DHP) Section reviewed the proposed project and had no comments. 9. Propagation maps were submitted to show a gap in service in the subject area. 10. A justification study was submitted by the applicant and reviewed by a third party consultant (Telecom Law firm) and determined that this proposed site and design would be the least intrusive proposal for the identified gap. 11. There was no evidence presented in the record which showed that the proposed wireless telecommunications facility would not be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale and view protection. 12. All construction will comply with Pasadena s current Building and Fire Code requirements. 13. Other City departments had no major comments or specific concerns over the proposed wireless telecommunication facility. Comments from the Department of Public Works have been incorporated into the conditions of approval. 14. The proposed wireless telecommunications facility is exempt from environmental review under California Environmental Quality Act (CEQA). Given the facts of the case presented by staff (in the staff report and at the July 20, 2016 hearing) and the testimonials I received both in writing and at the hearing, I was able to make all seven written findings for the approval of a Wireless Telecommunications Facility, Major with twenty-one conditions attached.
ATTACHMENT F PHOTO SIMULATIONS