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HomeMy WebLinkAbout1748 . . . RESOLUTION NO. 1748 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-08 AND ARCIDTECTURAL DESIGN REVIEW NO. 2005-29 FOR A FIFTY~FOOT (50') TAU.. MONOPOLE ANTENNA STRUCTURE CAMOUFLAGED AS A TREE, AND AN ASSOCIATED EQUlPMENT SHELTER AT 2607 SOUTH SANTA ANITA AVENUE. WHEREAS, on August 22, 2006, a conditional use pennit application was filed by Nextel Communications, for a fifty-foot (50') tall monopole antenna structure camouflaged as a tree and an associated equipment shelter (Development Services Department Case No. CUP 2006-08 and ADR 2005- 29) at the property commonly known as 2607 South Santa Anita Avenue; and WHEREAS, a public hearing was held by the Planning Commission on August 22, 2006, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOL YES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. . . . SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Pennit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets. and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Pennit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 2 1748 6. That the use applied for will not have a substantial adverse impact . on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 2006-08 and Architectw'al Design Review No. ADR 2005-29, for a fifty-foot (50') tall monopole antenna structure camouflaged as a palm tree at 2607 South Santa Anita Avenue, upon the following conditions: . I. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of Building Services, Public Works Services, Development Services, and the Fire Department. 2. The proposed wireless communications facility including its colors and materials shall be maintained in a manner that is consistent with the plans and materials submitted and approved for CUP 2006-08 and ADR 2005-29. . 3. Noncompliance with the plans, provisions and conditions of approval for CUP 2006-08 shall be groWlds for immediate suspension or revocation of any approvals. 3 1748 4. Approval of CUP 2006-08 and ADR 2005-29 shall not take effect . Wltil the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land lJse decision, including but not limited to any approval or condition of approval of . the City COWlciI, Planning Commission, or City StaB: which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. . 4 1748 SECTION 4. The decision, findings and conditions contained in . this Resolution reflect the Commission's action of August 22, 2006, by the following votes: AYES: Commissioners Baderian, Beranek, Hsu, Parrille and Olson NOES: None SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. . I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the August 22, 2006, by the following votes: AYES: Commissioners Baderian, Beranek, Hsu, Parrille and Olson NOES: None Chairman. Planning Commission City of Arcadia . 5 1748 . . . ATTEST: Secretary ,Planning Commission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 6 1748 . . . ~ - STAFF REPORT August 22, 2006 Development Services Department TO: Arcadia Planning Commission FROM: Jason Kruckeberg, Community Development Administrator By: Andrew A. Gonzales, Assistant Planner SUBJECT: Conditional Use Permit No. 06-08 & Architectural Design Review No. 05-29 SUMMARY The Conditional Use Permit application was submitted by Nextel Communications to construct a wireless communications facility consisting of a 190 sq.ft. wireless communications equipment enclosure and a fifty-foot (50') tall monopole antenna structure camouflaged asa palm tree (monopalm) at 2607 S. Santa Anita Avenue. The Development Services Department is recommending approval of CUP 06-08 and ADR 05-29 subject to the conditions set forth in the staff report and adoption of Resolution 1748. GENERAL INFORMATION APPLICANT: LOCATION: REQUESTS: LOT AREA: FRONTAGE: Nextel Communications 2607 S. Santa Anita Avenue A Conditional Use Permit with a height modification and Architectural Design Review for a 190 sq.ft. wireless communications equipment enclosure and a fifty-foot (50') tall monopole antenna structure camouflaged as a palm tree (monopalm). 125,652 sq.ft. (2.88 acres) 235 feet on Santa Anita Avenue CUP 06-08 & ADR 05-29 August 22, 2006 Page 1 . . . EXISTING LAND USE & ZONING: The site is developed with a church and daytime childcare center; zoned R-2. SURROUNDING LAND USES & ZONING DESIGNATIONS: North: Single-family residential; zoned R-1 South: Commercial Uses; zoned C-2 East: Single-family residential; zoned R-1 West: Single-family residential; zoned R-1 GENERAL PLAN DESIGNATION: Single-Family Residential (0-6 du/ac maximum) BACKGROUND The subject property is developed with a church (Arcadia Congregational Church) and a daytime childcare center, built in 1961. PROPOSAL The proposed location for the monopole IS In an area located between the existing church and daytime childcare center, as shown on the submitted site plan. The proposed antennas will be mounted on a 50' -0" high monopalm with the associated equipment cabinets placed within a ;240 sq.ft. equipment enclosure adjacent to the base of the proposed monopole. The application is also requesting a height modification of 50'-0" in lieu of the 30'. -0" maximum allowed within the R-2 zone. The additional height is requested to provide a more desirable level of service, and to create greater realism as a palm tree for screening purposes by projecting the palm fronds 5'-0" above the 45'-0" high monopole antenna structure. ANALYSIS Uses such as this wireless communications equipment facility are permitted in any zone with an approved Conditional Use Permit (A.M.C. Sec. 9275.1.11). The 50'-0. high monopalm will not decrease the number of parking spaces for the use of the site. The proposed monopalm and wireless communication equipment enclosure will be setback approximately 373' from the front property line, and not less than 95' from the adjOining properties. Based upon the applicant's proposal, it is staff's opinion that the proposed monopalm installation will be a compatible CUP 06-08 & ADR 05-29 August 22,2006 Page 2 . . . use upon the site, since adequate setbacks from the neighboring properties will be maintained, with existing mature trees, including palm trees, screening the installation. Architectural Desion Review Concurrent with the consideration of the Conditional Use Permit, the Planning Commission may approve, conditionally approve, or disapprove the applicant's architectural design concept plans. The 50'-0" tall monopole antenna structure is proposed to be camouflaged as a palm tree, also referred to as a monopalm. Staff explored other options for camouflaging the antennas, such as a roof mounted antenna, but the heights of the existing buildings on-site are too low for the antennas to provide an adequate signal quality. In addition, an equipment enclosure will be placed approximately 21'-0" from the monopole antenna, which will be designed to incorporate colors and materials that match the existing buildings on-site. It is the opinion of staff that due to the developmental constraints of the proposed location, the monopalm and equipment enclosure is the most desirable alternative for the project site. Code Requirements The proposed project is required to comply with all Code requirements and policies as determined to be necessary by the Building Official, Fire Marshall, City Engineer, Community Development Administrator, and Public Works Services Director, and are to be determined by having fully detailed construction plans submitted for plan check review and approval. CEQA Pursuant to the prOVISions of the Califomia Environmental Quality Act, the DevelopmentServices Department has determined that the proposed use will not have a potential for causing a significant effect on the environment and is, therefore, categorically exempt from CEQA per Section 15303. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: CUP 06-08 & ADR 05-29 August 22, 2006 Page 3 . 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one forwhich a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION . The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 2006-08 and Architectural Design Review No. ADR 2005-29, subject to the following conditions: 1. All City code requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with the satisfaction of Building Services, Public Works Services, Development Services, and the Fire Department. . 2. The proposed wireless communications facility including its colors and materials shall be maintained in a manner that is consistent with the plans and materials submitted and approved for CUP 2006-08 and ADR 2005- 29. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 2006-08 and ADR 2005-29 shall be grounds for immediate suspension or revocation of any approvals. 4. Approval of CUP 2006-08 and ADR 2005-29 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, . CUP 06-08 & ADR 05-29 August 22, 2006 Page 4 . employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499,37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concemil'lg the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval The Planning Commission should move to approve Conditional Use Permit No. CUP 2006-08 with the requested height modification and Architectural Design Review No. ADR 2005-29 by adopting Resolution 1748: A Resolution of the Planning Commission of the City of Arcadia, California granting Conditional Use Permit No. 06-08 for a 50'-0 unmanned wireless communication facility at 2607 S..Santa Anita Avenue. . Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 22ntl public hearing, please contact Andrew A. Gonzales at (626) 574-5444. Approved by: k Jason K ckeberg Community Development dministrator . CUP 06-08 & ADR 05-29 August 22, 2006 Page 5 . . . Attachments: Aerial Photo with Zoning Information Vicinity Map Site plans and elevations Photo simulations Project description Environmental Information Letter of Opposition CUP 06-08 & ADR 05-29 August 22, 2006 Page 6 ~ N o 2lJj) Fe.I c:J 2607 S Santa Anita Ave o Arcadia ~ Zone 1?s 2607 S Santa Anita A venue CUP 06-08 ADR 05-29 Development Services Department Engineering Division Prepated by: R.s.Gcnz8I... .My 2006 \ (18/ \ (18/ r-\ \ 2607 S Santa Anita A venue CUP 06-08 ADR 05-29 ~AVE fill ~ = ~ " (ZSl9) ~ :i! " ~ C!: ~ I'l I"! l.4$ rUM ~$ D~ f27l fBlI (U) (f7J (J) If') LIVE OAK AVE ~ ~ Development Services DepaJtment Engineering DMsion 1'rfpsnxIby:R.S.-., Jtiy2D06 - R.t (2118/ - - ~ ~8/ (It) LIVE OAK AVE (18/ DRAWING INDEX NEXTEL: ~ . WI ::~. PlUS. NO; OESCRIPTION COYER $EET . un . UI. . .... 6fTEf"LAN c.or1Po.No LAYOUT NORTM ELEVATION LONGDEN &rtE~ CAS532A ~~. 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Existing r- Ju.lY 1, 2005 ~ Proposed i-- I ~ ;:~;-::,f:;~'~;"'~ t. ~--'~'l..~ '':''J:; ~ r I I , .:, .' ~. - ..,j >~~..:...,~:~:;~;;.: .' - ~.~- ~"" - ~ .,. -"--- Northwest Elevation CASS32A Longden ~ . , ~ -J I . . Existing -L I' "11..,.,-, _ '\~ 4"" -", ,:~:.",:~:'- . .":,;::-r July 1, 2005 , , ' Proposed - - ....--------- -"--- - --~-- - -- ~--~._-- " I r I , , Southeast Elevation ~:J~ ~ Existing July 1, 2005 . Proposed . . South Elevation CA5532A Longden . A Conditional Use Permit is Requested to Locate A Wireless Telecommunications Facility At 2607 S. Santa Anita Avenue Arcadia, California 91006 Proiect Description Introduction Nextel Communications, Inc., a Delaware limited liability company, is a registered public utility, licensed and regulated by the Public 'Utilities Commission (pUC) and the Federal Communications Commission (FCC). As a public company, Nexte1 receives a license from the FCC to provide Personal Communication Services throughout the United States of America. Nextel utilizes an all-digital high frequency 'system that will operate between the 800 and 900 MHz range. Efforts are currently underway in to establish the required infrastructure for Nextel's wireless communications network. Nexte1 has retained Wireless Facilities, Incorporated (WFl) to facilitate the land use entitlement process. . Background The benefits of digital wireless communications include increased capacity over analog based systems, call privacy and security, improved voice quality, and an expanded menu of affordable products and services for personal and professional, communications needs. The Nextel network features a "push-to-talk" feature that uses its out-of-band radio frequency. This service is a near zero cost cellular communications feature that is used by public emergency services personnel and organizations, general tradesmen in constJuction, transportation, dispatch, etc., and cellular consumers. Project Overview Nextel is proposing to install a WTF consisting fifteen (15) six foot antennas in three screened sectors installed a stealth mono-palm that is 50 feetAGL. There will be a total of three antenna sectors, each sector with 5, 6 foot antennae. Each antenna is 5 inches thick and 9 inches wide. In addition. to the antennae, Nextel will be installing its equipment in a secure equipment shelter room with dimensions of no less than 12'w x 20'] x ]O'h, located in the existing storage area of the property with stealth to blend in with the existing design. . I . . . The specific location and design of the proposed project is illustrated in further detail On the drawings, photographs and photo simulations included with this zoning application. Operational Overview The proposed communications facility will transmit at a frequency range of between 800 and 900 MHz. A typical Nextel site operates on standard telepbone lines and commercial electrical power. . The transmitted signals from the site will consist of non-ionizing waves generated at less than luW/cm2, which is significantly lower than the maximum allowable public exposure of 1000 uW/cm2 as set by the American National Standards Institute (ANSI) and Institute of Electrical and Electronic Engineers (IEEE). The current ANSYIEEE standards for protection against radio frequency/microwave (RFIMW) fields are set at 50 times below a level that scientists believe may pose a health risk to human populations. Please see enclosed FCC Compliance Report. Once the wireless telecommunications facility is constructed and operational, Nextel customers will receive 2+hour service seven (7) days a week with better cellular coverage and less connection and call drop-off within the plannedRF area. Apart from initial construction activity, the facility will get serviced on a periodic basis. It is reasonable to expect that routine maintenance/inspection of the facility will occur once a month. Beyond this intermittent service, Nextel requires 24-hour access to the facility to ensure that technical support is immediately availablejf and when warranted. Overview of Coverage Objectives Radio frequency (RF) engineers at Nextel have identified the proposed facility as an integral site in improving Nextel's Cellular coverage in and around the city. This wireless telecommunications facility will provide coverage to those areas in the immediate neighborhood. The subject site will enable Nextel network engineers to expand the range of wireless services provided to customers who live and work in the proposed service area. Traditional mobile telephone service will also be improved for customers who travel in and around the area. Please see propagation maps enclosed with this zoning application. Overview of Site Design and Location Criteria The network of Nextel cell sites throughout the region is "locationally dependent" meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system and prohibit Nexte1 from providing uninterrupted service to customers in a defined coverage area. Further, tbe elimination or relocation of a cell site will most often have a "domino" effect 2 . . . on other cell site locations and necessitate significant design changes or modifications to the network. In identifying the proposed cellular location, Nextel network deployment personnel have selected a site that not only meets the technical objectives of RF engineering, but concurrently provides the best option with regard to other key criteria that include, but are not limited to; accessibility, utility connections, zoning compatibility, liability and risk assessment, site acquisition, maintenance and construction costs. 3 (I File.No. CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL INFORMA nON FORM .ate Filed: General Information .s. - . 1. Applicant's Name: fl/ ~ y /..p L Address: 310 Co IY) M..Db ...J) c~ 9;;J.h (j.:J C OMIt"....J ..l" ,.7/0 ~..s ~R()JnN 2. Property Address (Location): .2 60 'J s. Assessor's Number: ..)788- 0;)..0- O~., 51'lTVi1'l It-",,'T.,. Ptv-/I\JIJ-( AIIID S'}88 3. Name, address and telephone number of person to be contactedconcemingthis project: . . 7/1.{- 71S'- ~891. 1I1t1/(~1V1 'K.'A-(}"2.Jc.lci/ c/o Wf"/. /1.79) lInIllKMJ07..""..:i4."'O/:riLl.N.tCI'l 'IJIo6 4. List and describe any other related pennits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Q.e'1"TJQ..,A P.J~L;<- UTILIty Zone Classification: R:l Puc.. I:uvlj rc.L /.N Ii-)j , 6. General Plan Designation: SF D",J.>J7] b h- /lII Proiect Description . 7. . Proposed use of site (project description): ( INIIYI~l\Jtv~J W 1~-eU>S.5 H f.t r Q",mvAlM7it>11.5 f140 L,T 't l Iv T"p) .....L/ ,r -/ 8. Site size: .. t' 0 <" a"...a.. ~ 9. Squarefootage per building: J, 4~ S. r;. 10. Number of floors of construction: OlVo(. I!. Amount of off-street parking provided: tv J IJ , 12. Proposed scheduling of project: s..pT.I"'~1 ;J 00 L 13. Anticipated incremental development: IIIJt'r 14. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: {VIA- . 16. 15. If commercial, indicate the type, Le. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: f'v/~ If industrial, indicate type, estimated employment per shift, and loading facilities: fV!~ 17. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 1\1 } tt- 18. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is required: r (! I!JA./O,"-;"",,;.,.l U "'" (412."''' T - Pl..l...... 5-u J4..t-r t't-l.. r;..,.f Are.the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). .19. 20. 21. 22. 23. 25. 26. 27. . Change in existing features of any hills, or substantial alteratin of groundcontours. YES NO 0 IE) 0 ~ 0 rn 0 ~ 0 W 0 [3 0 ~ 0 ~ 0 flI Change in scenic views or vistas from existing residential areas or publiclands or roads Change in pattern, scale or character of general area of project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in .vicinity. 24. Change in ground water quality or quantity, or alteration of existing drainage pattersn. Substantial change in existing noise or vibration levels ill the vicinity, Is site on filled land or on any slopes of 10 percent or more. Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. E.I,R. 03/27/06 Page 2 28. .9. 30. 31. 32. 33. 34. 35. YES NO Substantial change in demand for municipal services (police, fIre, water, sewage, etc.) 0 Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc. 0 Relationship to a larger project or series of projects. 0 Storm water system discharges from areas for materials storage, vehicle or equipment 0 fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks, or other outdoor work areas? A signifIcantly environmentally harmful increase in the flow rate or volume of storm D water runoff? A signifIcantly environmentally harmful increase in erosion of the project site or surrounding D areas? Storm water discharges that would signifIcantly impair the beneficial uses of receiving waters D or areas that provide water quality benefits (e.g. riparian conidors, wetlands, etc.)? Harm to the biological integrity of drainage systems and water bodies? D fia ~ ~ Oil ijl C5l 111 ~ Environmental Settinl! .36. Describe (on a separate sheet) the project site as it exists before the project, including information on topography, soil stability, plants and animals, any cultural, historical or scenic aspects, any existing stru'ctures on the site, and the use of the structures.. Attach photographs of the site. Snapshots or Polaroid photos Will be accepted. 37. Describe (on a separate sheet) the surrounding properties, including information on plants, animals, any cultural, historical or scenic aspects. Indicate the type ofland uses (residential, cOl1Ul1ercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yards, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos Will be accepted. Certification I hereby certify that the statements furnished above' and in the, attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. -ru...... Date . 1<), .. ")uol. ~90l-y- Signature E.I.R. 03/27/06 Page 3 , . . . Conditional Use Permit and Wireless Telecommunications Facilities Findines At 2607 S. Santa Anita Avenue Arcadia, California 91006: 1. The granting of such use permit will not be detrimental to the public health or welfare or injurious to tbeproperty or improvements in such zone or vicinity. Typically, the primary issue in wireless telecommunications facilities in how to balance the applicant's needs for improving its wireless telecommunications network with the City's goals of reducing visibility of the antennae and not necessarily add to the height, mass, and bulk to buildings and structures. In this case, the Nextel facility will not be detrimental. The antennae is designed to resemble a palm tree and the equipment shelter is designed to resemble the architectural features of the property. This "stealthing" hides the presence of a wireless telecommunications facility while blending in with the surrounding architectures, The proposed facility will be unmanned, having no impact on circulation systems, nor generate noise, odor, smoke, or any other a4verse impacts on adjacent land uses. The installation of antennae and transmission equipment will not result in any material changes to the character of the local area. This proposed wireless telecommunications facility would operate in full compliance will all State and Federal regulations, including the Telecommunications Act of 1996. Section 704 of Title7 of the Federal Trade Telecommunications Act of 1996 states that "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the enviromnental effects of radio frequency emissions to the exte!lt that such facility comply with the Commission's regulations concerning such emissions." In the instant case, the equipment will operate within the standards established by federal regulation for safe continuous exposure to radio frequency emissions. to the public and with low power transmitters designed to minimize signal interference. The proposed communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as published by the American National Standards Institute (ANSI). A committee composed of ] 25 scientists from universities, non-profit laboratories and Federal Health Laboratories (FDA, NIOSH, and EPA) developed ANSI. In 1992 ANSI established, as a public safety standard, a maximum exposure level to radio frequency emissions of 1000 microwatts per centimeter squared (1000 uW/cm2). The 4 . . . typical exposure level of a Nextel facility is less than I microwatt per centimeter squared (<1 uW/cm2). The radio frequency emissions emitted by the proposed Nextel facility will fall within the portion of the electromagnetic spectrum that transmits non,ionizing electromagnetic emissions. At the low levels associated with this type of wireless teclmology, these emissions are not harmful to living cells. Everyday products that have non-ionizing electromagnetic emissions include radios, television broadcasts, CB radios, microwave ovens, and a variety of common security systems. Conversely, items that emit ionizing electromagnetic emissions include ultraviolet light, medical X-rays and gamma rays. Data currently available on the effects of electromagnetic transmission on public health indicate that there is no likelihood of negative impacts to public health and safety. 2. That the use applied for at the location is one for which a,conditional use permit is authorized. The location and installation of the proposed equipment and antennae are sensitive to the desires of the community by locating on the zoned property. Further, this should not be deprived of the same services and amenities that are enjoyed in other parts of the City. 3. That the site for the proposed use is adequate in size and shape to ac.commodate said use, including spaces, waIls, fences, parking loading, landscaping and other features required to said use and uses in the neighborhood. - The proposed wireless telecommunications facility is designed to have minimal impact on the aesthetics of the subject building and surrounding area. The antennae are designed in such a way as to minimize their visibility. The antennae will be mounted on the rooftop and the enclosed design is an alternative and screening device to camouflage the appearance of the wireless telecommunications facility. The design standards of the wireless code are satisfied to present a well designed wireless telecommunications facility that will be an asset to the community. 4. That the site abuts streets and highways in width and pavment type to carry the kind of traffic generated by the proposed use. The location, size, design, and operating characteristics of the proposed communications facility will hot create unusual noise, traffic or other conditions or situations that may be 5 . . . objectionable, detrimental or incompatible with the surrounding land uses. The proposed use is consistent with this finding in that: The equipment associated with the telecommunications structure operates quietly or virtually noise free. The equipment does not emit fumes, smoke, or odors that could, be considered objectionable. The telecommunications facility is unmanned and only requires periodic maintenance, which equates to approximately one site trip per month. The proposed communications facility will no1 result in conditions or circumstances contrary to the public health, safety, and the general welfare. s. The granting of such conditional use permit will not adversely effect the comprehensive General Plan. The proposed project is in harmony with and the intent of the Plan in that the proposed installation will be designed to to blend into the existing property. The proposed use does not significantly alter the positive characteristics of the surroundings (i.e., scale, height of existing buildings, bulk and appearance). The location is proper in relation to adjacent uses or development by providing a needed service to the local and regional community. The site will add capacity to the network. The addition of this site to the Nextel network will further the FCC's mandate that Nextel, as a licensed carrier, provide adequate and reliable wireless, coverage in the city. To support the existing population and population growth, the City needs a strong and expanding economy, healthy neighborhoods, and a tax base that can support the basic public services necessary to maintain and improve quality of life of its residents. In order for the City to provide services that the public expects, it must embrace the vision of becoming a sustainable city; one which manages its infrastructure and public services in a manner that avoids depletion or permanent damage to its natural resources and avoids missed opportunities to benefit from wise management of its resources (i.e., public right- of-way, and airwaves). The telecommunications industry is building infrastructure for the 21st Century's information economy. '''Telecommunications is an emerging field with the potential to significantly alter the way Southern Californians communicate, work, and commute. The concentration of business and population in the City and rapid technological advances offer the opportunity to provide an integrated network serving as the regional hub for public and private user" (Framework Element, December 1996, Chapter 9, Infrastructure and Public Services). 6 . . . Uniike other land uses, which can be spatiaIly determined through the General Plan Land Use Element or other elements, the location requirements of wireless telecommunications facilities are more dynamic and not easily predetermined. Rather, location is determined case by case based on technical requirements such as service area, topography, the surrounding built and natural environment, alignment with neighboring telecommunication sites, and customer demand. The City has adopted regUlations and standards in order to provide for growth in this industry while regulating it to protect properties from adverse impacts. 7 MATI'UEW C. CHEUNG, D.D.S. 10946 EAST RAMONA BOULEVARO EL MONTE, CAUFORNIA 91731 Telephone (626) 444-2913 To Arcadia City Planning Commission: I am urging the Planning Commission to deny application #CUP 2006-008 and ADR 2005-029 for the following reasons. 1. With the proposal, there will be 3 telecommunication towers witWna 2 blocks area, a very high concentration of electromagnetic signals, if not the highest within the city of Arcadia. It is for the telecommunication industries to prove to us residents it is safe to be right next to Wonderworld Preschool. Using developing little children to prove a point is totally uncall for. It is always better to be safe than sorry. Remember Vioxx. 2. The Church is to be a place of worship, what kind of a message it is sending out to the community when it sells out to large Corporations for money. 3. Arcadia should be proud of its environmental friendly heritage, does a pescock looks good next to a 50' monopalm. Again I am urging the Planning Commission to deny the application. Enough is enough. SINCERELY YOURS /Ujt C C~ IMf MATTHEW C. CHEUNG, D.D.S. 8 - 11 - 2006 HOME ADDRESS: 2535 S SANTA ANITA AVE ARCADIA CA 91006