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AGENDA
CITY OF EL MONTE PLANNING COMMISSION
TUESDAY, MAY 22, 2018 7:00 P.M.
CITY HALL EAST – COUNCIL CHAMBERS
11333 VALLEY BOULEVARD
OPENING OF MEETING 1.
Call Meeting to Order
2.
Flag Salute
3.
Roll Call
4.
Commission Disclosures
5.
Public Comments Citizens wishing to address the Planning Commission on land use and development matters may do so at this time. Note that the Commission cannot respond to or take any action on the item. Citizens wishing to speak on an agenda item will be given the opportunity to speak after the item is presented by staff. Limit your comments to three (3) minutes. State your name and address at the podium for the record.
CONSENT CALENDAR
6.
Approval of Planning Commission Minutes Action minutes from the Planning Commission Meeting of May 8, 2018
7. Approval of Modification Minutes None.
CITY OF EL MONTE PLANNING
COMMISSION
CHAIRPERSON Alfredo Nuño
VICE-CHAIRPERSON Maria Romero Morales
COMMISSIONER
Cesar Peralta
COMMISSIONER Dallas Baker
COMMISSIONER
Amy Wong
Phone: (626) 258-8626 Fax: (626) 580-2293
www.elmonteca.gov [email protected]
CITY PLANNING COMMISSION AGENDA MAY 22, 2018
Agenda | 2
PUBLIC HEARINGS
8. Conditional Use Permit No. 22-17 and Design Review No. 08-17
(Continued from the May 8, 2018 meeting)
Address:
2615 Merced Avenue / APN: 8102-002-021
Request:
A Conditional Use Permit and Design Review to allow the construction and operation of a one-story, 3,000 square foot manufacturing building located within 150 feet of residentially used properties. The property is located in the M-1 (Light Manufacturing) zone. This request is made pursuant to the requirements of Chapters 17.22 and 17.24 of the El Monte Municipal Code.
CEQA Determination:
Categorical Exemptions – Section 15303 (Class 3 – New construction or conversion of small structures).
Case Planner:
Jonathan Payne, Planning Aide
Recommendation:
Adopt resolution and approve subject to conditions.
Resolution: 3505 9. Code Amendment No. 759 – Wireless Communications Ordinance
Address:
Citywide
Request:
Code Amendment No. 759 amending Chapter 17.82 (New and Substantially Changed Wireless Facilities) of Title 17 (Zoning) of the El Monte Municipal Code (EMMC) and adding Chapter 17.83 (Eligible Facilities Requests) to Title 17 (Zoning) of the EMMC to establish reasonable zoning and land use regulations concerning wireless facilities in accordance with state and federal laws and regulations.
CEQA Determination:
Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
Case Planner:
Joaquin Vazquez, Assistant City Attorney
Recommendation:
Adopt resolution recommending City Council approval of Code Amendment No. 759.
Resolution: 3506
CITY PLANNING COMMISSION AGENDA MAY 22, 2018
Agenda | 3
REGULAR AGENDA
10. Time Extension Request for Conditional Use Permit No. 22-16 and Design
Review No. 08-16 for the Hickson Industrial Project
Address:
10460-10488 Hickson Street
Request:
On June 13, 2017, the Planning Commission adopted Resolution No. 3476 approving Conditional Use Permit No. 22-16 and Design Review No. 08-16 for the construction of two (2) new industrial buildings totaling 93,096 square feet on a vacant 4.03 acre lot. The applicant requests to extend the expiration date for the entitlements for an additional year.
Case Planner:
David Kim, Assistant Planner
Recommendation:
Approve the time extension with a new expiration date of June 13, 2019.
10. Director’s Report
11. City Attorney’s Report
12. Commissioner Comments
CITY PLANNING COMMISSION AGENDA MAY 22, 2018
Agenda | 4
NEXT SCHEDULED CITY PLANNING COMMISSION MEETING
Tuesday, June 12, 2018 at 7:00 P.M. City Hall East – City Council Chambers
Availability of staff reports: Copies of the staff reports or other written documentation relating to each item of business described hereinabove are on file in the offices of the Planning Division, City Hall West, 11333 Valley Boulevard, El Monte, California, 91731. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:30 a.m. to 5:30 p.m., except legal City holidays. You may also call the Planning Division at (626) 258-8626 for information.
Individuals with special needs: The City of El Monte wishes to assist individuals with special needs. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division at (626) 258-8626. Notification 48 hours prior to the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting. [28 Code of Federal Regulations 35.102-35.104 ADA Title II]
General explanation of how the meeting is conducted: 1. The staff report is presented by City Planning staff. 2. The City Planning Commissioners ask questions if necessary for clarification. 3. The City Planning Commission Chair opens the public hearing. 4. The applicant makes a presentation to the City Planning Commission. 5. Individuals speaking in favor of the project address the Commission. 6. Individuals speaking against the project address the Commission. 7. The applicant responds to project opponents. 8. The public hearing is closed. 9. City Planning Commission members discuss the project. 10. City Planning Commission members vote on the project. 11. At the next scheduled Commission meeting, which is usually two weeks after the hearing, a resolution confirming the Commission action will be adopted. 12. Any interested party who disagrees with the City Planning Commission decision may appeal the Commission’s
decision to the City Council within 10 calendar days of the adoption of the resolution. Any appeal filed must be directed to the City Clerk’s Office and must be accompanied by a fee of $1,535.64. Any individual that received notice of this meeting from the City of El Monte will receive notice of an appeal, if one is filed.
May 8, 2018 MEETING MINUTES | 1
PLANNING COMMISSION MINUTES
ACTION MINUTES FOR THE PLANNING COMMISSION MEETING HELD ON TUESDAY, MAY 8, 2018 AT CITY HALL COUNCIL CHAMBERS
11333 VALLEY BOULEVARD, EL MONTE, CALIFORNIA 1. Call Meeting to Order – Meeting was called to order by Chair Nuño at 7:07 p.m.
2. Flag Salute – The Flag Salute was led by Vice-Chair Morales.
3. Roll Call
Commissioners present: Morales, Nuño, Peralta, Wong Commissioner absent: Baker Staff present: Interim Economic Development Director Mikaelian Senior Planner Donavanik Deputy Assistant City Attorney Vazquez Planning Aide Payne Planning Secretary Magdaleno 4. Commission Disclosures: None. 5. Public Comments: None.
CONSENT CALENDAR 6. Approval of Consent Calendar Items No. 6 & 7 Action minutes from the Planning Commission Meeting of April 24, 2018 and Modification Committee Meeting of April 11, 2018.
Motion: by Vice-Chair Morales to approve consent calendar items No. 6 & 7, seconded by Commissioner Peralta. Motion carried 4-0.
May 8, 2018 MEETING MINUTES | 2
Note: Item No. 10 was first item heard.
REGULAR AGENDA
10. Time Extension Request for the El Monte Gateway Project – Parcel 2, Design Review No. 02-13
On July 12, 2016, the Planning Commission approved the revision to Parcel 2 of the El Monte Gateway Project, which included Design Review No. 02-13. The applicant requests to extend the expiration date for entitlements for an additional year. Motion: by Vice-Chair Morales to approve the time extension request for Design Review No. 02-13 with a new expiration date of July 12, 2019, seconded by Commissioner Wong. Motion carried 4-0.
PUBLIC HEARINGS
8. Design Review No. 03-18
A Design Review to allow façade improvements to an existing 22,680 square foot auto sales building and 108,500 square foot auto service building in the Long Lexus auto center located in the C-3 (General Commercial) zone. The request was made pursuant to the requirements of Chapter 17.22 of the El Monte Municipal Code (EMMC) for the property located at 3534 Peck Road, El Monte, CA. Motion: by Vice-Chair Morales to approve Design Review No. 03-18, seconded by seconded by Commissioner Peralta. Motion carried 4-0. 9. Conditional Use Permit No. 22-17 and Design Review No. 08-17
A Conditional Use Permit and Design Review to allow the construction and operation of a one-story, 3,000 square foot manufacturing building located within 150 feet of residentially used properties. The property is located in the M-1 (Light Manufacturing) zone. The request was made pursuant to the requirements of Chapters 17.22 and 17.24 of the El Monte Municipal Code for property located at 2615 Merced Avenue, El Monte, CA. Motion: by Commissioner Peralta to continue Conditional Use Permit No. 22-17 and Design Review No. 08-17 to the meeting of May 22, 2018, seconded by Vice-Chair Morales. Motion carried 4-0.
May 8, 2018 MEETING MINUTES | 3
REGULAR AGENDA
11. Director’s Report • Interim Economic Development Director Mikaelian advised that the environmental
document for a proposed Hotel on Valley Boulevard will be released either at the end of this week or early next week.
• Interim Economic Development Director Mikaelian informed the commission that there will be a community outreach meeting on Wednesday, May 16, 2018 at Gidley Elementary School to discuss the Goodman Logistics Project at 10150 Lower Azusa Road.
12. City Attorney’s Office - None 13. Commissioner Comments – Commissioner Wong mentioned that the month of May is bike month and wished everyone a “Happy Bike Month”. Ms. Wong also expressed concerns about Merced/Towneway, reported that cars drive really fast creating doughnut shaped skid marks on the streets. Ms. Wong reiterated the importance of “Complete Streets” and requested a status update on what the City is working on in terms of improvement on that area. – Senior Planner Donavanik provided Commissioner Wong with an update, informed Commissioner Wong that the City’s Traffic Safety Committee is working on traffic calming measures and will bring forward more information as it becomes available. Adjournment Meeting adjourned at 7:51 p.m. Respectfully submitted,
____________________________________ Planning Commission Chairperson Alfredo Nuño ___________________________________ Planning Commission Secretary Marcella Magdaleno
2615 Merced Avenue CUP 22-17, DR 08-17
Page 1
STAFF REPORT May 22, 2018 TO: CITY PLANNING COMMISSION FROM: JASON C. MIKAELIAN, AICP INTERIM ECONOMIC DEVELOPMENT DIRECTOR BY: JONATHAN PAYNE PLANNING AIDE SUBJECT: CONDITIONAL USE PERMIT NO. 22-17
DESIGN REVIEW NO. 08-17 LOCATION: 2615 MERCED AVENUE APPLICANT/ ANTONIO MONREAL PROPERTY OWNER: 412 NORTH SPRUCE STREET
MONTEBELLO CA, 90640 ENVIRONMENTAL ARTICLE 19 - CATEGORICAL EXEMPTIONS – SECTION DETERMINATION: 15303 (CLASS 3 – NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES) IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
RECOMMENDATION: ADOPT A CATEGORICAL EXEMPTION AND APPROVE
CONDITIONAL USE PERMIT NO. 22-17 AND DESIGN REVIEW NO. 08-17 SUBJECT TO CONDITIONS.
REQUEST The applicant requests the approval of Conditional Use Permit No. 22-17 and Design Review No. 08-17 to allow the construction and operation of a one-story, 3,000 square foot manufacturing building located within 150 feet of residentially used properties. The property is located in the M-1 (Light Manufacturing) zone. This request is made pursuant to the requirements of Chapters 17.22 (Design Review) and 17.24 (Conditional Use Permits) of the El Monte Municipal Code (EMMC).
2615 Merced Avenue CUP 22-17, DR 08-17
Page 2
SUBJECT PROPERTY: Location: West side of Merced Avenue General Plan: Industrial/Business Park
Zone: M-1 (Light Manufacturing) Street Frontage: Merced Avenue: 60’-0” Size: 9,300 Square Feet Existing Improvements:
The project site is currently occupied by a 750 square foot garage that will be demolished.
SURROUNDING PROPERTIES: General Plan: Zoning: Land Use: North: Industrial/Business Park M-1 Light Manufacturing South: Industrial/Business Park M-1 Light Manufacturing East: Industrial/Business Park M-1 Light Manufacturing West: Industrial/Business Park M-1 Light Manufacturing/Residential ZONING AND AERIAL PHOTO:
MER
CED
AVE
MER
CED
AVE
2615 Merced Avenue CUP 22-17, DR 08-17
Page 3
Exhibit 1: Site Plan
--- Merced Avenue ---
--- Alley ---
N
2615 Merced Avenue CUP 22-17, DR 08-17
Page 4
Exhibit 2: Front Elevation
Exhibit 3: Front Elevation (Cont.)
2615 Merced Avenue CUP 22-17, DR 08-17
Page 5
DEVELOPMENT PROJECT PROPOSAL The subject site has an area of 9,300 square feet and is currently occupied by a deteriorated 750 square foot garage. The applicant proposes to demolish the existing garage and construct a new 3,000 square foot light manufacturing building. The following entitlements are requested:
• Conditional Use Permit No. 22-17: to allow an light manufacturing industrial use located within 150 feet of any residentially used property; and
• Design Review No. 08-17: to review the design of a new light manufacturing industrial building.
Operations The building will be occupied by a steel fabrication business that manufactures custom stainless steel products. All operations will occur inside the building and shall comply with the City’s Noise Ordinance. The business will include approximately four (4) employees. Hours of operation will be from 10:00 AM to 5:00 PM weekdays and closed on weekends. All deliveries would take place between the hours of 10:00 AM to 1:00 PM during regular business hours. Circulation and Parking Direct access to the site will be provided off of Merced Avenue via a 25 foot wide driveway. The driveway has been designed to comply with the access and circulation requirements of the Los Angeles County Fire Department and the requirements of the City of El Monte Public Works Department. In accordance with the EMMC, the proposed building will provide seven (7) parking spaces and one (1) ADA parking space for a total of eight (8) parking spaces (one space per 400 square feet of gross floor area). A single 15 foot by 25 foot loading space is also provided. There is a 20 foot wide alley at the rear of the property that will not be utilized for primary access as the width is too narrow to accommodate delivery trucks. The proposed building will be located at the rear of the property, with the trash enclosure and emergency exit located on the alley side of the property. A pedestrian walkway from Merced Avenue to the site is proposed along the southern portion of the property adjacent to the landscape planter. Architectural Design The exterior of the building will be comprised of corrugated metal panels and accented with a stucco finish. The façade will use two-toned colors to provide contrast in the different parts of the building. The proposed design uses articulation of the building height and depth to reduce bulk and mass. The building will also have a metal sunshade awning above the pedestrian entrance to create a focal point for visitors. Staff has recommended additional enhancements to the architecture, which is discussed in the project analysis section of this report.
2615 Merced Avenue CUP 22-17, DR 08-17
Page 6
Landscaping The applicant has submitted a conceptual landscape plan that shows compatibility with the site plan of the property. The applicant has proposed to provide more landscaping throughout the parking lot than the minimum five (5) percent required by the EMMC. As a condition of approval, the applicant will be required to submit a detailed set of landscaping and irrigation plans that include provisions for parkway improvements along Merced Avenue in accordance with the City’s landscape requirements as well as the Model Water Efficient Landscape Ordinance (MWELO). The street frontage will include a seven (7) foot wide planter with one (1) 36” box tree per every 24 linear feet of street frontage. An additional seven (7) foot wide planter will be located along the entire length of the southern property line adjacent to the parking spaces. Walls & Fencing A seven (7) foot high wrought iron fence is proposed along the east property line behind a seven (7) foot wide landscape planter. Fencing is also proposed along portions of the north and west property lines. Existing buildings to the north and south property lines serve as a wall that will separate the properties. The wrought iron fence shall be decorative and provide a pedestrian entrance. Per the EMMC, the new property line walls shall be 50 percent open. Staff has recommended additional enhancements to the fencing which is discussed in the project analysis section of this report. PROJECT ANALYSIS
2011 General Plan Consistency The 2011 El Monte General Plan designates the site as Industrial/Business Park. The proposed manufacturing building complies with applicable General Plan Policies and has been designed to be compatible with the surrounding land uses. The architectural design proposed by the applicant provides a visually interesting and aesthetically appealing project. The proposed development will enhance the aesthetics within the area. Zoning Code & Conditional Use Permit The subject property is zoned M-1 (Light Manufacturing). Pursuant to Section 17.24.040 of the EMMC, any “new development or construction or occupancy of an industrial building in any M zones within one hundred fifty (150) feet of a residentially zoned or used property” requires the approval of a Conditional Use Permit. The residential properties that surround the project are located approximately 20 feet from the western portion of the subject property. All properties within 300 feet of the subject property have been notified of the public hearing. Reasonable conditions of approval have been placed on the use’s operations such as hours of operation and delivery schedule to address any potential impacts on surrounding properties.
2615 Merced Avenue CUP 22-17, DR 08-17
Page 7
Table 1 below outlines the development standards for the M-1 Zone to determine if the proposed project meets the necessary requirements. As noted, all applicable development standards will be met Table 1: Development Standards.
Development Standards M-1 Zoning Requirements Proposed
Development Meets
Requirement
Floor Area Ratio 9,300 SF 3,200 SF Y
Front Setback 40’-0” from centerline of street 136’-0” Y
Side Setback 0’-0” 0’-0” Y
Rear Setback 0’-0” 0’-0” Y
Building Height N/A 24’-0” N/A
Driveway Width 25’-0” 25’-0” Y
Parking 8 parking spaces 8 parking spaces Y
Trash Enclosure New Trash Enclosure Trash Enclosure Provided Y
Mechanical Equipment Screen Mechanical Equipment Mechanical
Equipment Screened Y
Loading Dock loading dock dimensions 15’-0” x 40’-0”
Loading dock provided Y
Front Yard Property Line Fence
Located behind 7’-0” of landscaping
Located behind required landscape Y
Landscaping 290 SF 927 SF Y
2615 Merced Avenue CUP 22-17, DR 08-17
Page 8
Design Review/Architecture The design for the proposed 3,000 square foot manufacturing building utilizes modern architecture. Façade treatments include the use of twenty four (24) foot high corrugated metal panels and stucco. The proposed color palette incorporates a blend of two colors. The street facing exterior elevation incorporates a variety of high quality materials with complimenting colors that visually stimulates human interest. Per the El Monte Comprehensive Design Guidelines, the proposed project shows compliance to a majority of the following design guidelines:
Entryways and Design Details Provides multi colored façade treatments that are designed to coordinate with the
architectural style of the building to avoid long and continuous treatments. Promotes cohesion with the neighboring development’s mass and scale. Integrates entry design into overall buildings.
Finished Materials and Colors Reinforces overall building design with high quality design and detailing. Utilizes materials on building facades to create an overall component of color and
variety to maintain human interest. Uses high quality materials.
Landscaping and Hardscape Provides a landscape design complementary to site and building design
throughout the site. Design Enhancements Staff recommends the applicant provide additional design elements to the project. This will allow the project to be in full compliance with the City’s Design Guidelines. Such improvements include the following:
• Provide a color palette/scheme that enhances/complements the surrounding properties.
• Provide a minimum of 50 percent transparency for all proposed property line fences.
• Incorporate decorative accent features above the entryway and loading area. (Currently, the elevations show a small sunshade above the entrance).
• Add decorative paving at the driveway entrance and at the building entrance. • Provide a 3’-0” wide landscape planter along the northern property line. • Rehabilitate the parkway landscape planter. • Provide stucco on the rear building elevation.
Staff Analysis The proposed project is consistent with the El Monte General Plan and meets the requirements of the Zoning Code. In summary, the new manufacturing building will make efficient use of the land and serves to further many of the goals listed within the City’s General Plan.
2615 Merced Avenue CUP 22-17, DR 08-17
Page 9
CITY REVIEW PROCESS Staff and other City Departments and Divisions have reviewed the project through the City’s internal review process. This review process enables the various City Departments and Divisions (i.e. Planning, Building, Public Works/Engineering, Police and Fire) to review development proposals for conformity with the provisions established in the City’s Municipal and Zoning Code. Additionally, the review process ensures that each development proposal is designed to be compatible with any existing structures on-site and/or the neighboring properties. In this way, the quality and economic health of local residential, commercial and industrial districts are maintained. The concerns and/or conditions of all reviewing parties are included in the recommended conditions of approval. ENVIRONMENTAL REVIEW In accordance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, this project is Categorically Exempt under Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines, as amended. RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL In order to approve the project, the Planning Commission is required to make certain findings. Sections 6 and 7 of the draft resolution contain recommended findings and Section 8 contains recommended conditions, for the Planning Commission’s consideration. RECOMMENDATION Staff recommends that the Planning Commission evaluate the proposal and consider the following: 1. Adopt a Categorical Exemption under Article 19 Section 15303 (Class 3 – New
Construction or Conversion of Small Structures) of the California Environmental Quality Act and Guidelines, as amended; and
2. Approve Conditional Use Permit No. 22-17 and Design Review No. 08-17 subject to
the recommended Conditions of Approval contained in Resolution No. 3505 or any other conditions that the Planning Commission may wish to impose.
ATTACHMENTS
A. Resolution No. 3505 B. Project Plans C. Public Hearing Notice D. Site Posting E. Radius Map
SHEET NUMBER:
SHEET TITLE:
SCALE:
STORE #:
CONCEPT:
PROJECT #:
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ISSUE DATE:
DESIGN MANAGER:
PRODUCTION DESIGNER:
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EXISTING
EXPERT COMPANY
2609 MERCED AVE
SOUTH EL MONTE 91733
Scale: 1/8" = 1'-0"
1
DEMOLITION PLAN
DEMOLITION PLAN
1/8"
A-1
EXISTING
TRANS GO COMPANY
2621 MERCED AVE
SOUTH EL MONTE 91733
EXISTING GARAGE
TO BE DEMOLISH
AREA: 754 SQ. FT
EXISTING GARAGE
AREA: 754 SQ. FT
BUILDING # 2
EXISTING CONCRETE
PAD TO BE DEMOLISH
AREA: 675 SQ. FT.
1421 VIRGINIA AVE. UNIT F
BALDWIN PARK, CA 91706
(626) 428-8673
GUDIÑO-VALLADARES
DESIGN STUDIO
STAMP
legal notes:
THESE DRAWINGS AND SPECIFICATIONS ARE
CONFIDENTIAL AND SHALL REMAIN THE SOLE
PROPERTY OF G/V DESIGN STUDIO. THEY SHALL
NOT BE REPRODUCED (IN WHOLE OR IN PART),
SHARED WITHIN THIRD PARTIES OR USED IN
ANY MANNER ON OTHER PROJECTS OR
EXTENSIONS TO THIS PROJECT WITHOUT THE
PRIOR WRITTEN CONSENT OF G/V DESIGN
STUDIO. THESE DRAWINGS AND
SPECIFICATIONS ARE INTENDED TO EXPRESS
DESIGN INTENT FOR A UNIQUE PROJECT (WHICH
IS SUBJECT TO CHANGE AT ANY TIIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS.
NEITHER PARTY SHALL HAVE ANY OBLIGATION
NOR LIABILITY TO THE OTHER (EXCEPT AS
STATED ABOVE) UNTIL A WRITTEN AGREEMENT
IS FULLY EXECUTED BY BOTH PARTIES
REVISION
SCHEDULE
REV DATE BY DESCRIPTION
Check Set
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1421 VIRGINIA AVE. UNIT F
BALDWIN PARK, CA 91706
(626) 428-8673
SHEET NUMBER:
SHEET TITLE:
SCALE:
STORE #:
CONCEPT:
PROJECT #:
PALETTE:
ISSUE DATE:
DESIGN MANAGER:
PRODUCTION DESIGNER:
CHECKED BY:
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legal notes:
THESE DRAWINGS AND SPECIFICATIONS ARE
CONFIDENTIAL AND SHALL REMAIN THE SOLE
PROPERTY OF G/V DESIGN STUDIO. THEY SHALL
NOT BE REPRODUCED (IN WHOLE OR IN PART),
SHARED WITHIN THIRD PARTIES OR USED IN
ANY MANNER ON OTHER PROJECTS OR
EXTENSIONS TO THIS PROJECT WITHOUT THE
PRIOR WRITTEN CONSENT OF G/V DESIGN
STUDIO. THESE DRAWINGS AND
SPECIFICATIONS ARE INTENDED TO EXPRESS
DESIGN INTENT FOR A UNIQUE PROJECT (WHICH
IS SUBJECT TO CHANGE AT ANY TIIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS.
NEITHER PARTY SHALL HAVE ANY OBLIGATION
NOR LIABILITY TO THE OTHER (EXCEPT AS
STATED ABOVE) UNTIL A WRITTEN AGREEMENT
IS FULLY EXECUTED BY BOTH PARTIES
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EXISTING
TRANS GO
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ZONE: M-1
2621 MERCED AVE
SOUTH EL MONTE
91733
EXISTING
EXPERT COMPANY
ZONE M-1
2609 MERCED AVE
SOUTH EL MONTE
91733
Scale: 1/8" = 1'-0"
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PROPOSED SITE PLAN
PROPOSED SITE PLAN
1/8"
A-2
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PROPOSED BUILDING
ZONE: M-1
GROSS AREA: 3,270 SQ. FT.
NET AREA: 3,113 SQ. FT.
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PROPOSED FRONT METAL FENCE
Scale: 1/8" = 1'-0"
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PROPOSED METAL FENCE & TRASH ENCLOSURE
A3
1421 VIRGINIA AVE. UNIT F
BALDWIN PARK, CA 91706
(626) 428-8673
SHEET NUMBER:
SHEET TITLE:
SCALE:
STORE #:
CONCEPT:
PROJECT #:
PALETTE:
ISSUE DATE:
DESIGN MANAGER:
PRODUCTION DESIGNER:
CHECKED BY:
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legal notes:
THESE DRAWINGS AND SPECIFICATIONS ARE
CONFIDENTIAL AND SHALL REMAIN THE SOLE
PROPERTY OF G/V DESIGN STUDIO. THEY SHALL
NOT BE REPRODUCED (IN WHOLE OR IN PART),
SHARED WITHIN THIRD PARTIES OR USED IN
ANY MANNER ON OTHER PROJECTS OR
EXTENSIONS TO THIS PROJECT WITHOUT THE
PRIOR WRITTEN CONSENT OF G/V DESIGN
STUDIO. THESE DRAWINGS AND
SPECIFICATIONS ARE INTENDED TO EXPRESS
DESIGN INTENT FOR A UNIQUE PROJECT (WHICH
IS SUBJECT TO CHANGE AT ANY TIIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS.
NEITHER PARTY SHALL HAVE ANY OBLIGATION
NOR LIABILITY TO THE OTHER (EXCEPT AS
STATED ABOVE) UNTIL A WRITTEN AGREEMENT
IS FULLY EXECUTED BY BOTH PARTIES
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PROPOSED
FLOOR PLAN
1/4" - 1'-0"
Scale: 1/4" = 1'-0"
1
PROPOSED FLOOR PLAN
1. THE CONSTRUCTION SHALL NOT RESTRICT A FIVE-FOOT CLEAR AND
UNOBSTRUCTED ACCESS TO ANY WATER OR POWER DISTRIBUTION FACILITIES
(POWER POLES, PULL BOXES, TRANSFORMERS, VAULTS, PUMPS, VALVES,
METERS, APPURTENANCES, ETC.) OR TO THE LOCATION OF THE HOOK -UP. AN
APPROVED SEISMIC GAS SHUTOFF VALVE WILL BE INSTALLED ON THE FUEL GAS
LINE ON THE DOWN STREAM SIDE OF THE UTILITY METER AND BE RIGIDLY
CONNECTED TO THE EXTERIOR OF THE BUILDING OR STRUCTURE CONTAINING
THE FUEL GAS PIPING." (PER ORDINANCE 170, 158) (INCLUDES COMMERCIAL
ADDITIONS AND TI WORK OVER $10,000.) SEPARATE PLUMBING PERMIT IS
REQUIRED.
2. PROVIDE ULTRA FLUSH WATER CLOSETS FOR ALL NEW CONSTRUCTION. EXISTING
SHOWER HEADS AND TOILETS MUST BE ADAPTED FOR LOW WATER
CONSUMPTION.
3. A COPY OF THE EVALUATION REPORT AND/ OR CONDITIONS OF THE LISTING
SHALL BE MADE AVAILABLE AT THE JOB SITE.
1. EXIT SIGNS SHALL BE INTERNALLY OR EXTERNALLY ILLUMINATED
2. EXIT SIGNS ILLUMINATED BY AN EXTERNAL SOURCE SHALL HAVE AN
INTENSITY OF NOT LESS THAN 5 FOOT CANDLES (54 IUX).
3. INTERNALLY ILLUMINATED SIGNS SHALL BE LISTED AND LABELED AND SHALL
BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER’S INSTRUCTIONS
AND SECTION 2702.
4. EXIT SIGNS SHALL BE ILLUMINATED AT ALL TIMES.
5. EXIT SIGNS SHALL BE CONNECTED TO AN EMERGENCY POWER SYSTEM
THAT WILL PROVIDE AN ILLUMINATION OF NOT LESS THAN 90 MIN. IN CASE
OF PRIMARY POWER LOSS (1011.2-1011.5.3)
6. EGRESS DOORS SHALL BE READILY OPENABLE FROM THE EGRESS SIDE
WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE OR EFFORT. SEE
1008.1.8.3 FOR EXCEPTIONS.
7. DOOR HANDLES, LOCK AND OTHER OPERATING DEVICES SHALL BE
INSTALLED AT A MIN. 34” AND A MAX. 48” ABOVE THE FINISHED FLOOR
8. THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS
OCCUPIED
9. ALL EGRESS DOOR OPERATION SHALL ALSO COMPLY WITH SECTION
1008.1.9 – 1008.1.9.7.
10. THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, SHALL BE
ILLUMINATED AT ALL TIMES THE BUILDING SPACE SERVED BY THE MEANS OF
EGRESS IS OCCUPIED.
11. THE MEANS OF EGRESS ILLUMINATION LEVEL SHALL NOT BE LESS THAN 1
FOOT-CANDLE AT THE WALKING SURFACE
12. THE POWER SUPPLY FOR MEANS OF EGRESS ILLUMINATION SHALL NORMALLY
BE PROVIDED BY THE PREMISES’ ELECTRICAL SUPPLY. IN THE EVENT OF
POWER SUPPLY FAILURE, AN EMERGENCY ELECTRICAL SYSTEM SHALL
AUTOMATICALLY ILLUMINATE THE FOLLOWING AREAS:;
A. AISLES AND UNENCLOSED EGRESS STAIRWAYS IN ROOMS AND
SPACES THAT REQUIRE TWO OR MORE MEANS OF EGRESS
B. CORRIDORS, EXIT ENCLOSURES AND EXIT PASSAGEWAYS IN BUILDINGS
REQUIRED TO HAVE TWO OR MORE EXITS.;
C. EXTERIOR EGRESS COMPONENTS AT OTHER THAN THE LEVEL OF EXIT
DISCHARGE UNTIL EXIT DISCHARGE IS ACCOMPLISHED FOR BUILDINGS
REQUIRED TO HAVE TWO OR MORE EXITS.
D. INTERIOR EXIT DISCHARGE ELEMENTS, AS PERMITTED IN SECTION
1027.1, IN BUILDINGS REQUIRED TO HAVE TWO OR MORE EXITS.
E. EXTERIOR LANDINGS, AS REQUIRED BY SECTION 1008.1.5, FOR EXIT
DISCHARGE DOORWAYS IN BUILDINGS REQUIRED TO HAVE TWO OR
MORE EXITS.
13. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A DURATION
OF NOT LESS THAN 90 MINUTES AND SHALL CONSIST OF STORAGE BATTERIES,
UNIT EQUIPMENT OR AN ON-SITE GENERATOR. THE INSTALLATION OF THE
EMERGENCY POWER SYSTEM SHALL BE IN ACCORDANCE WITH SECTION
2702.
14. EMERGENCY LIGHTING FACILITIES SHALL BE ARRANGED TO PROVIDE INITIAL
ILLUMINATION THAT IS AT LEAST AN AVERAGE OF 1 FOOT-CANDLE (11 LUX)
AND A MINIMUM AT ANY POINT OF 0.1 FOOT-CANDLE (1 LUX) MEASURED
ALONG THE PATH OF EGRESS AT FLOOR LEVEL. ILLUMINATION LEVELS SHALL BE
PERMITTED TO DECLINE TO 0.6 FOOT-CANDLE (6 LUX) AVERAGE AND A
MINIMUM AT ANY POINT OF 0.06 FOOT-CANDLE (0.6 LUX) AT THE END OF
THE EMERGENCY LIGHTING TIME DURATION. A MAXIMUM-TO-MINIMUM
ILLUMINATION UNIFORMITY RATIO OF 40 TO 1 SHALL NOT BE EXCEEDED.
1.) ALL DOORS INTERIOR AND EXTERIOR INCLUDING RESTROOMS MUST BE EQUIPPED
WITH A SELF CLOSING SYSTEM.
2.) EXISTING DOORS MUST MUST SWING ON THE DIRECTION OF EGRESS WHEN SERVING
50 OR MORE OCCUPANT LOAD.(1003.3.1.5) 3.) ALL EXTERIOR DOORS MUST BE TIGHT
FITTING SELF CLOSING.
CONTRACTOR SHALL FULLY COMPLY WITH FEDERAL A.D.A. AND STATE HANDICAP
STANDARDS. LIGHT SWITCHES, THERMOSTATS AND TIMER SWITCHES SHALL BE MOUNTED
AT +42" MAX. AND 36" MIN. FROM CENTER LINE OF OUTLET TO FINISHED FLOOR AND
RECEPTACLE OUTLETS SHALL BE MOUNTED NOT LESS THAN 15" FROM BOTTOM OF
OUTLET TO FINISHED FLOOR.
ADDITIONAL NOTES
ACCESSIBILITY NOTES
A.D.A NOTES
EGRESS NOTES
(NEW) C.M.U WALL @ 2O'-0" HT.
(NEW) 2X6 STUD WALL @ 16" O.C.
W/ 5/8" GYP. BD. 10'-0" HT. WALL.
WALL/ PARTITION LEGEND
(NEW) CORRUGATED STEEL FACADE
22'-0" HT. WALL.
ROOM FINISH SCHEDULE
02
EA
ST
ROOM NAME
01
FLO
OR
NU
MB
ER
3 421
WALLS
MA
TE
RIA
L
NO
RT
H
BA
SE
SO
UT
H
WE
ST
FIN
IS
H H
T.
CEILING
36101
37101
1
2
3
4 x
NOTE:
MA
TE
RIA
L
NU
MB
ER
HE
AD
S I Z E
GLA
SS
FIN
IS
H
TY
PE
JA
MB
WINDOW SCHEDULE
FRAMEWINDOW DETAILS REMARKS
11'-0"
6'-0" X 3'-0"
SGDG
W2
W3
10'-0" X 8'-0"
SGDG
FIX WINDOWN
AL
AL
B
A
C
3'-0" X 6'-8"C
1
DOOR SCHEDULE
S I Z E
WIDTH X HEIGHTNU
MB
ER
TY
PE
FIN
IS
H
MA
TE
RIA
L
FIN
IS
H
MA
TE
RIA
L
TH
IC
KN
ES
S
DOOR OPENING DOOR FRAME
NOTE:
REMARKS
NEW STOREFRONT DOOR
PSTST
3'-0" X 6'-8"B
2"
W S
ROLL UP DOOR BY MANUF.
A -
-
-2AL
6'-0" X 6'-8"
3/4"
P
CURTAIN GLASS WALL
H.C. WOOD DOOR
OFFICE AREA
UNISEX RESTROOM
11'-0"
VERIFY ALL DOOR & WINDOW
DIMENSIONS ON JOB SITE BEFORE
ORDERING OR MANUFACTURING
G.- GALVANIZED METAL HM.-
HOLLOW METAL AS- ALUMINUM
STOREFRONT SC.-SOLID CORE
MTL.-METAL P.- PAINT
SG.- SOLAR CLEAR GLS.
OUTSIDE & THERMAL GLS.
INSIDE DG.- DUAL GLASSWIDTH X HEIGHT
AREAS
NUMBER
MATERIALS LEGEND
5/8" GYPSUM BOARD
5/8" W/R GYPSUM BOARD
WALLS
25
26
NUMBER
1
ITEM
FLOOR
2
5/8" GYPSUM BOARD
T-BAR CEILING
CEILING
35
36
ITEM
BASE/WAINSCOT
1012" SQ. CERAMIC TILE
SEALED CONCRETE
6" TILE COVE BASE
B
H.C
. W
OO
D D
OO
R
A
D.G
. F
RO
NT
S
TO
RE
D
OO
R
37
DRY WALL CEILING
D
E
D
E
EXTERIOR STEEL DOORS
3'-0" X 6'-8"
15'-0" X 12'-0"
H.C. WOOD DOOR / SELF CLOSING
1
3/4"
1
3/4"
P
P
G G G -
W MP -
-
-
-
--
-
25 252525
25 26
25
WINDOWS & DOOR TYPE
W1 W3
C
ST
. E
XT
ER
IO
R D
OO
R
D
G. R
OL
L U
P D
OO
R
E
H.C
. W
OO
D D
OO
R
03
112 20'-0"
STORAGE AREA
27 27
27
25
C.M.U PAINTED
27
11 6" CONCRETE CURB
27
N/A
W2
FIX
W
IN
DO
W D
.G
FIX
W
IN
DO
W D
.G
FIX
W
IN
DO
W D
.G
3'-0" X 5'-0"
SGDG
W1
FIX WINDOWN
AL
- --
B
E
1
2
3
4
01
1
2
3
4 02
W2
D
Tra
sh
E
nc
lo
su
re
W1
W1
W3
W3
A
C
1
2
3
4
03
A. GENERAL CONTRACTOR TO COORDINATE AND
SCHEDULE SIGNAGE INSTALLATION WITH THE
SIGNAGE CONTRACTOR PROVIDING A MINIMUM
SCHEDULING NOTICE OF 4 WEEKS AND 1 WEEK
PRIOR TO SCHEDULED DATE OF INSTALLATION.
STARBUCKS CONSTRUCTION MANAGER TO
PROVIDE GENERAL CONTRACTOR WITH SIGNAGE
CONTRACTOR CONTACT INFORMATION.
B. GENERAL CONTRACTOR SHALL COORDINATE WITH
ELECTRICAL CONTRACTOR TO FURNISH AND
INSTALL ELECTRICAL CIRCUITS INCLUDING ALL
CONDUIT, WIRE, CONNECTIONS, AND BREAKER AT
PANEL BOARD NECESSARY TO SERVE SIGNAGE.
C. GENERAL CONTRACTOR TO PROVIDE FIRE
TREATED WOOD STUD BLOCKING, OR EQUIVALENT
TO SUPPORT SIGNAGE.
D. SIGNAGE CONTRACTOR SHALL VERIFY SIZE AND
LOCATION OF ANY AND ALL ALLOWABLE
MONUMENT OR POLE SIGNAGE WITH LANDLORD
AND PROVIDE SHOP DRAWING(S) PRIOR TO
FABRICATION TO STARBUCKS DESIGNER FOR
APPROVAL.
E. SIGNAGE CONTRACTOR TO INSTALL SIGNAGE IN
COMPLIANCE WITH LOCAL CODES AND OBTAIN
PERMIT AND LANDLORD APPROVAL.
F. SIGNAGE CONTRACTOR TO SUPPLY SHOP
n/a
MANAGER AND TO THE GENERAL CONTRACTOR AS
NEEDED. GENERAL CONTRACTOR TO NOTIFY
STARBUCKS CONSTRUCTION MANAGER
IMMEDIATELY IF SHOP DRAWINGS OR
INSTALLATION IS IN DISCREPANCY WITH
STARBUCKS ARCHITECTURAL DRAWINGS.
G. GENERAL CONTRACTOR TO CLEAN, PATCH AND
REPAIR EXISTING EXTERIOR AS REQUIRED.
EXTERIOR ELEVATION NOTES
A4
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1421 VIRGINIA AVE. UNIT F
BALDWIN PARK, CA 91706
(626) 428-8673
SHEET NUMBER:
SHEET TITLE:
SCALE:
STORE #:
CONCEPT:
PROJECT #:
PALETTE:
ISSUE DATE:
DESIGN MANAGER:
PRODUCTION DESIGNER:
CHECKED BY:
PR
OJ
EC
T N
AM
E:
PR
OJ
EC
T A
DD
RE
SS
:
GUDIÑO-VALLADARES
DESIGN STUDIO
R
LEED AP:
STAMP
GVD STUDIO #:
legal notes:
THESE DRAWINGS AND SPECIFICATIONS ARE
CONFIDENTIAL AND SHALL REMAIN THE SOLE
PROPERTY OF G/V DESIGN STUDIO. THEY SHALL
NOT BE REPRODUCED (IN WHOLE OR IN PART),
SHARED WITHIN THIRD PARTIES OR USED IN
ANY MANNER ON OTHER PROJECTS OR
EXTENSIONS TO THIS PROJECT WITHOUT THE
PRIOR WRITTEN CONSENT OF G/V DESIGN
STUDIO. THESE DRAWINGS AND
SPECIFICATIONS ARE INTENDED TO EXPRESS
DESIGN INTENT FOR A UNIQUE PROJECT (WHICH
IS SUBJECT TO CHANGE AT ANY TIIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS.
NEITHER PARTY SHALL HAVE ANY OBLIGATION
NOR LIABILITY TO THE OTHER (EXCEPT AS
STATED ABOVE) UNTIL A WRITTEN AGREEMENT
IS FULLY EXECUTED BY BOTH PARTIES
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PROPOSAL
NA
GVD STUDIO DM
CHRIS
008-02-16
REVISION
SCHEDULE
BYREV DATE
2
DESCRIPTION
Check Set
1
3
4
1/4" - 1'-0"
ELEVATIONS
(N) SUN SHADE BRACKET
KEYNOTES
1
2
3
4
6
7
8
9
10
5
(N) FENCE DOOR
(N) 6" HIGH CONCRETE CURB
(N) LED WALL PACK LIGHT
(N) STOREFRONT GLAZING
(E) ELECTRICAL POLE
(N) DUAL FIX GLASS WINDOWS
(N) C.M.U BUILDING
(N) SUN SHADE ELEMENT
(N) CORRUGATED METAL FACADE
11
(N) ROLL UP DOOR
12
(N) DOOR
13
14
15
16
(E) STREET ( MERCED AVE )
(N) 6' HIGH WROUGHT IRON
(N) TRASH ENCLOSURE ROOF
(E) PEDESTRIAN SIDEWALK
17
(N) TRASH ENCLOUSURE
18
(E) 6' HIGH C.M.U FENCE
Scale: 1/4" = 1'-0"
2
EAST ELEVATION
ROOF REPORT
ICC/CODES, CERTIFICATIONS
• ICC REPORT ESR-2144 • CLASS A, E108 (UL790)
• ASTM C 1167 GRADE 1
DRAWINGS TO STARBUCKS CONSTRUCTION
6
12
4
6
11
2615
10 10 10 10
3
1010
10
2
3
1
7
16
17
7
8
Scale: 1/4" = 1'-0"
2
WEST ELEVATION
16
17
1
1
7
7
Scale: 1/4" = 1'-0"
2
NORTH ELEVATION
Scale: 1/4" = 1'-0"
2
SOUTH ELEVATION
A. GENERAL CONTRACTOR TO COORDINATE AND
SCHEDULE SIGNAGE INSTALLATION WITH THE
SIGNAGE CONTRACTOR PROVIDING A MINIMUM
SCHEDULING NOTICE OF 4 WEEKS AND 1 WEEK
PRIOR TO SCHEDULED DATE OF INSTALLATION.
STARBUCKS CONSTRUCTION MANAGER TO
PROVIDE GENERAL CONTRACTOR WITH SIGNAGE
CONTRACTOR CONTACT INFORMATION.
B. GENERAL CONTRACTOR SHALL COORDINATE WITH
ELECTRICAL CONTRACTOR TO FURNISH AND
INSTALL ELECTRICAL CIRCUITS INCLUDING ALL
CONDUIT, WIRE, CONNECTIONS, AND BREAKER AT
PANEL BOARD NECESSARY TO SERVE SIGNAGE.
C. GENERAL CONTRACTOR TO PROVIDE FIRE
TREATED WOOD STUD BLOCKING, OR EQUIVALENT
TO SUPPORT SIGNAGE.
D. SIGNAGE CONTRACTOR SHALL VERIFY SIZE AND
LOCATION OF ANY AND ALL ALLOWABLE
MONUMENT OR POLE SIGNAGE WITH LANDLORD
AND PROVIDE SHOP DRAWING(S) PRIOR TO
FABRICATION TO STARBUCKS DESIGNER FOR
APPROVAL.
E. SIGNAGE CONTRACTOR TO INSTALL SIGNAGE IN
COMPLIANCE WITH LOCAL CODES AND OBTAIN
PERMIT AND LANDLORD APPROVAL.
F. SIGNAGE CONTRACTOR TO SUPPLY SHOP
DRAWINGS TO STARBUCKS CONSTRUCTION
MANAGER AND TO THE GENERAL CONTRACTOR AS
NEEDED. GENERAL CONTRACTOR TO NOTIFY
STARBUCKS CONSTRUCTION MANAGER
IMMEDIATELY IF SHOP DRAWINGS OR
INSTALLATION IS IN DISCREPANCY WITH
STARBUCKS ARCHITECTURAL DRAWINGS.
G. GENERAL CONTRACTOR TO CLEAN, PATCH AND
REPAIR EXISTING EXTERIOR AS REQUIRED.
EXTERIOR ELEVATION NOTES
A5
26
15
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1421 VIRGINIA AVE. UNIT F
BALDWIN PARK, CA 91706
(626) 428-8673
SHEET NUMBER:
SHEET TITLE:
SCALE:
STORE #:
CONCEPT:
PROJECT #:
PALETTE:
ISSUE DATE:
DESIGN MANAGER:
PRODUCTION DESIGNER:
CHECKED BY:
PR
OJ
EC
T N
AM
E:
PR
OJ
EC
T A
DD
RE
SS
:
GUDIÑO-VALLADARES
DESIGN STUDIO
R
LEED AP:
STAMP
GVD STUDIO #:
legal notes:
THESE DRAWINGS AND SPECIFICATIONS ARE
CONFIDENTIAL AND SHALL REMAIN THE SOLE
PROPERTY OF G/V DESIGN STUDIO. THEY SHALL
NOT BE REPRODUCED (IN WHOLE OR IN PART),
SHARED WITHIN THIRD PARTIES OR USED IN
ANY MANNER ON OTHER PROJECTS OR
EXTENSIONS TO THIS PROJECT WITHOUT THE
PRIOR WRITTEN CONSENT OF G/V DESIGN
STUDIO. THESE DRAWINGS AND
SPECIFICATIONS ARE INTENDED TO EXPRESS
DESIGN INTENT FOR A UNIQUE PROJECT (WHICH
IS SUBJECT TO CHANGE AT ANY TIIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS.
NEITHER PARTY SHALL HAVE ANY OBLIGATION
NOR LIABILITY TO THE OTHER (EXCEPT AS
STATED ABOVE) UNTIL A WRITTEN AGREEMENT
IS FULLY EXECUTED BY BOTH PARTIES
26
15
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US
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PROPOSAL
NA
n/a
GVD STUDIO DM
CHRIS
008-02-16
REVISION
SCHEDULE
BYREV DATE
2
DESCRIPTION
Check Set
1
3
4
1/4" - 1'-0"
ELEVATIONS
(N) SUN SHADE BRACKET
KEYNOTES
1
2
3
4
6
7
8
9
10
5
(N) FENCE DOOR
(N) 6" HIGH CONCRETE CURB
(N) LED WALL PACK LIGHT
(N) STOREFRONT GLAZING
(E) ELECTRICAL POLE
(N) DUAL FIX GLASS WINDOWS
(N) C.M.U BUILDING
(N) SUN SHADE ELEMENT
(N) CORRUGATED METAL FACADE
11
(N) ROLL UP DOOR
12
(N) DOOR
13
14
15
16
(E) STREET ( MERCED AVE )
(N) 6' HIGH WROUGHT IRON
(N) TRASH ENCLOSURE ROOF
(E) PEDESTRIAN SIDEWALK
17
(N) TRASH ENCLOUSURE
ROOF REPORT
ICC/CODES, CERTIFICATIONS
• ICC REPORT ESR-2144 • CLASS A, E108 (UL790)
• ASTM C 1167 GRADE 1
1421 VIRGINIA AVE. UNIT F
BALDWIN PARK, CA 91706
(626) 428-8673
SHEET NUMBER:
SHEET TITLE:
SCALE:
STORE #:
CONCEPT:
PROJECT #:
PALETTE:
ISSUE DATE:
DESIGN MANAGER:
PRODUCTION DESIGNER:
CHECKED BY:
PR
OJ
EC
T N
AM
E:
PR
OJ
EC
T A
DD
RE
SS
:
GUDIÑO-VALLADARES
DESIGN STUDIO
R
LEED AP:
STAMP
GVD STUDIO #:
legal notes:
THESE DRAWINGS AND SPECIFICATIONS ARE
CONFIDENTIAL AND SHALL REMAIN THE SOLE
PROPERTY OF G/V DESIGN STUDIO. THEY SHALL
NOT BE REPRODUCED (IN WHOLE OR IN PART),
SHARED WITHIN THIRD PARTIES OR USED IN
ANY MANNER ON OTHER PROJECTS OR
EXTENSIONS TO THIS PROJECT WITHOUT THE
PRIOR WRITTEN CONSENT OF G/V DESIGN
STUDIO. THESE DRAWINGS AND
SPECIFICATIONS ARE INTENDED TO EXPRESS
DESIGN INTENT FOR A UNIQUE PROJECT (WHICH
IS SUBJECT TO CHANGE AT ANY TIIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS.
NEITHER PARTY SHALL HAVE ANY OBLIGATION
NOR LIABILITY TO THE OTHER (EXCEPT AS
STATED ABOVE) UNTIL A WRITTEN AGREEMENT
IS FULLY EXECUTED BY BOTH PARTIES
95
23
-9
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0003-015
AN
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CONCEPT "A"
PALETTE "A"
0003
GVD STUDIO DM
JAVIER
XXX-XX-XX
REVISION
SCHEDULE
REV DATE BY DESCRIPTION
Check Set
1
2
3
4
Scale: 1/8" = 1'-0"
1
EXTERIOR LIGHTING PLAN
EXTERIOR LIGHT PLAN
1/8"
E-1
TRUCK
LOADING
AREA
Tra
sh
E
nc
lo
su
re
PROPOSED BUILDING
ZONE: M-1
GROSS AREA: 3,270 SQ. FT.
NET AREA: 3,113 SQ. FT.
60'.00
P
P
L
155'.00
L
SOLAR LED
LIGHT POLE
2000 LUMENS
COLOR 6000K
120 BEAM ANGLE
NIGHT SENSOR + PIR MOTION
SENSOR
SOLAR LED
LIGHT POLE
2000 LUMENS
COLOR 6000K
120 BEAM ANGLE
NIGHT SENSOR + PIR MOTION
SENSOR
MINI WALL PACK LED
2000 LUMENS
COLOR 6000K
110 BEAM ANGLE
NIGHT SENSOR
MINI WALL PACK LED
2000 LUMENS
COLOR 6000K
110 BEAM ANGLE
NIGHT SENSOR
MINI WALL PACK LED
2000 LUMENS
COLOR 6000K
110 BEAM ANGLE
NIGHT SENSOR
MINI WALL PACK LED
2000 LUMENS
COLOR 6000K
110 BEAM ANGLE
NIGHT SENSOR
WALL PACK LED
4000 LUMENS
COLOR 6000K
120 BEAM ANGLE
NIGHT SENSOR
WALL PACK LED
4000 LUMENS
COLOR 6000K
120 BEAM ANGLE
NIGHT SENSOR
WALL PACK LED
4000 LUMENS
COLOR 6000K
120 BEAM ANGLE
NIGHT SENSOR
CITY OF EL MONTE PLANNING COMMISSION NOTICE OF PUBLIC HEARING
Hablamos Español favor de hablar con
Marcella Magdaleno (626) 258-8626
TO: All Interested Parties
FROM: City of El Monte Planning Division
PROPERTY LOCATION:
2615 Merced Avenue / APN: 8102-002-021 (A full legal description of the property is on file in the office of the El Monte Planning Division).
APPLICATION: Conditional Use Permit No. 22-17 and Design Review No. 08-17
REQUEST: The applicant requests the approval of Conditional Use Permit No. 22-17 and Design Review No. 08-17 to allow the construction and operation of a one-story 3,000 square foot manufacturing building located within 150 feet of residentially used properties. The property is located in the M-1 (Light Manufacturing) zone. This request is made pursuant to the requirements of chapter 17.22 and 17.24 of the El Monte Municipal Code (EMMC).
APPLICANT/ PROPERTY OWNER:
Antonio Monreal 412 North Spruce Street Montebello, CA 90640
ENVIRONMENTAL DOCUMENTATION:
Article 19. Categorical Exemptions – Section 15303 (Class 3 – New construction or conversion of small structures) in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended.
PLACE OF HEARING:
Pursuant to State Law, the Planning Commission will hold a public hearing to receive testimony, orally and in writing, on the proposed project. The public hearing is scheduled for: Date: Tuesday, May 08, 2018 Time: 7:00 p.m. Place: El Monte City Hall East – Council Chambers 11333 Valley Boulevard, El Monte, California
Persons wishing to comment on the environmental documentation or proposed application may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to Jonathan Payne; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or [email protected]. If you challenge the decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Commission at, or prior to, the public hearing. For further information regarding this application please contact Jonathan Payne at (626) 258-8626. Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published and mailed on:
Thursday, April 26, 2018 City of El Monte Planning Commission Marcella Magdaleno, Planning Commission Secretary
Site Posting
2615 Merced Avenue
Code Amendment No. 759 – Page 1
STAFF REPORT May 22, 2018 TO: CITY PLANNING COMMISSION FROM: JASON C. MIKAELIAN, AICP INTERIM ECONOMIC DEVELOPMENT DIRECTOR BY: JOAQUIN VAZQUEZ ASSISTANT CITY ATTORNEY SUBJECT: CODE AMENDMENT NO. 759 LOCATION: CITYWIDE APPLICANT: CITY OF EL MONTE ENVIRONMENTAL EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL DETERMINATION: QUALITY ACT (CEQA) PURSUANT TO SECTION
15061(B)(3) RECOMMENDATION: ADOPT RESOLUTION RECOMMENDING CITY COUNCIL
APPROVAL OF CODE AMENDMENT NO. 759
BACKGROUND: The existing wireless facility regulations for the City of El Monte (the “City”) have not been updated in over nine years. In addition, due to an explosion of data usage, wireless providers are seeking to deploy facilities at dramatically increasing rates. Consequently, the City seeks to update such regulations to ensure compliance with state and federal laws, while maintaining the City’s values and goals to the extent allowable by law and meeting the needs of the wireless consuming public. Such update shall be made through the amendment to El Monte Municipal Code (“EMMC”) existing Chapter 17.82 (newly entitled: Newly and Substantially Changed Wireless Facilities) and adoption of a new EMMC Chapter 17.83 (Wireless Facilities – Eligible Facilities Requests). Varying Types of Wireless Facilities A “macro cell” is used for a larger coverage radius of up to two or three miles, typically seen on free standing towers, faux trees, buildings and water tanks. Macro cells sometimes supports more than one wireless service provider’s collocated equipment. “Small cell” facilities are more commonly placed on buildings and in the public right-of-way to provide increased network capacity where coverage already exists. The term
Code Amendment No. 759 – Page 2
“small cell” refers to the area of coverage as opposed to the size of the installation. The maximum size of a small cell is six-cubic feet for antennas, 21 cubic feet for pole mounted equipment, and 35 cubic feet for ground-mounted equipment. For context, household refrigerators are approximately 21 cubic feet and commercial units are approximately 35 cubic feet. A third type of wireless facility is a distributed antenna system (“DAS”), which may be indoors or outdoors. DAS facilities distribute wireless network coverage, providing for more efficient management of wireless cellular telephone and data capacity in heavily-trafficked areas. DAS has the ability to provide enhanced, consistent wireless coverage to customers in indoor and outdoor spaces where geographical or other limitations might otherwise prevent a macro cell tower installation. Whereas a small cell can provide standalone coverage and capacity as a complement to macro sites, DAS systems are essentially an extension of the macro site itself. When combined, macro cell, small cell, and DAS facilities are deployed as part of a connected network. Telecommunications Act of 1996 (“TCA”) Section 704 of the Telecommunications Act (“TCA”) of 1996 (Public Law 104-104) recognizes local zoning authority over wireless facilities but places limitations on local jurisdictions. The TCA precludes state and local governments from enacting ordinances that prohibit telecommunications services, including wireless services. The TCA also requires that a decision on an application be made within a reasonable period of time. However, the TCA also preserved local authority over zoning decisions regarding placement, construction, and modification of wireless facilities.
The substantive limitations of the TCA are:
Local authorities cannot unreasonably discriminate against functionally equivalent service providers:
Local authorities cannot actually or effectively prohibit any provider’s ability to provide personal wireless services; and
Local authorities cannot regulate wireless facilities on the basis of radio frequency emissions to the extent that those emissions comply with the regulations of the Federal Communications Commission (“FCC”).
The procedural limitations to the TCA are:
Local authorities must act on an application for a wireless facility within a reasonable time period; and
Any denial of an application for a wireless facility must be in writing and based on substantial evidence in the written record.
Code Amendment No. 759 – Page 3
Section 6409 “Eligible Facilities Requests” In 2012, Congress limited local government regulation of applications to modify or collocate on existing facilities, with the adoption of the Middle Class Tax Relief and Job Creation Act establishing Section 6409(a), which states as follows:
A state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
Eligible facilities requests include any request for modification of an existing wireless tower or base station that involves (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
Section 6409(a)(2) defines an “eligible facilities request” as a request to collocate, remove or replace transmission equipment on an existing wireless tower or base station. The term “collocation” means “the mounting or installation of transmission equipment on an existing wireless tower or base station” and the term “transmission equipment” broadly includes “equipment that facilitates transmission for any FCC licensed or authorized wireless communications service.” A “tower” means any structure built solely or primarily to support transmission equipment, whether it actually supports any equipment or not. In contrast, a “base station” means a non-tower structure in a fixed location that is approved for use as support for wireless by the local jurisdiction; and that actually supports transmission equipment at the time a collocation or modification request is submitted. In 2014, the FCC clarified the legislation by providing definitions of what constitutes transmission equipment, wireless tower or base station, collocation replacement, removal, and modification for purposes of 6409 applications. Additionally, the FCC established objective standards for substantial change as summarized below:
Criteria Towers Base Station and Public
Right-of-Way
Height 20 ft. or 20 percent 10 feet or 10 percent
Width 20 feet or tower width 6 feet
Equipment Cabinets 4 maximum Same, plus additional rules
Excavation Within leased or owned
area Same, with further
restrictions
Concealment Concealment elements cannot be “defeated”
Compliance with Prior Permit Conditions
Changes must comply with all prior conditions except limits on height, width, cabinets, or excavation.
Code Amendment No. 759 – Page 4
FCC Shot Clock Regulations
The FCC mandates that a local government must act on a Section 6409 request within 60 days from the date of the application submittal (not including the time frame for the applicant to respond to completeness items/issues, identified in writing by the City). For non-Section 6409 requests, local governments must act within a “reasonable time” after they receive a duly filed application for a wireless project. The FCC interprets a “reasonable time” to mean 90 days for collocations and 150 days for all other applications (such as new facilities). If the local government fails to take any action during that period, the request is deemed approved at the time the applicant notifies the local government of the deemed approval in writing. The proposed administrative review process includes specific processing timelines or a shot clock that must be followed to avoid potential automatic, approval of the application.
AB 57 (Government Code Section 65964.1)
California Assembly Bill No. 57, enacted as Government Code Section 65964.1, mirrors the FCC’s rulings and regulations for “reasonable time periods within which a local jurisdiction is required to process an application for a wireless facility and also mandates that an application is “deemed approved” if the application is not processed within the time frame established by the FCC.
Radio Frequency (RF) Emissions Regulations
The FCC regulates RF emissions, and establishes comprehensive rules for maximum permissible exposure levels (the “FCC Guidelines”). State and local governments cannot: (1) regulate wireless facilities based on environmental effects from RF emissions when the emissions conform to the applicable FCC Guidelines or (2) establish their own RF exposure standards—whether more strict, more lenient, or even duplicative. However, the FCC permits local governments to require an applicant to demonstrate planned compliance with the FCC Guidelines as a prerequisite for permit approval. The FCC recommends the Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance (the “Local Official’s Guide”) as an appropriate tool for compliance demonstrations.
Public Outreach
Draft text of Code Amendment No. 759 was circulated to wireless industry representatives with a deadline for comments to be returned to the City on or before May 11, 2018. The City received eight separate responses with 99 unique comments contained therein. City staff evaluated each comment and suggestion and updated the proposed Code Amendment No. 759 presented before you to incorporate those found to be prudent and advisable.
Code Amendment No. 759 – Page 5
CODE AMENDMENT FEATURES:
EMMC Chapters 17.82 and 17.83, as proposed in Code Amendment No. 759, will include new definitions, processes, policies, and standards for the evaluation of wireless facilities that are consistent with federal and state laws and regulations adopted since the last City amendment to its wireless regulations over nine years ago. The amendments therein will establish necessary regulatory tools to enable the City to manage onerous application processing time frames and other mandates set forth in recently-adopted federal and state laws.
Amended EMMC Chapter 17.82 – Newly and Substantially Changed Wireless Facilities (non-6409)
Applicability:
This Chapter 17.82 would apply to all existing wireless facilities within the City and all new applications and requests for approval for wireless facilities on private property or in the public right-of-way unless subject to Chapter 17.83 (see below) or subject to the following exemptions applicable to facilities:
Owned and operated by the City for public purposes;
Installed on City property outside of the public right-of-way;
Installed on City property in the public right-of-way pursuant to a Master License Agreement with the City;
Amateur radio facilities;
OTARD antennas (e.g. DirecTV dish);
Installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business; and
Owned and operated by CPUC-regulated electric companies for use in connection with electrical facilities.
Required Approvals:
Administrative Wireless Permit (No discretionary i.e. Planning Commission review):
New wireless facilities and collocations, modifications, or other changes to existing facilities located in the public right-of-way on non-residential used or zoned property;
New stealth wireless facilities; and
Collocations, modifications, or other changes to existing stealth facilities not subject to Section 6409.
Conditional Use Permit (discretionary i.e. Planning Commission review):
New facilities, etc. subject to personal wireless facilities exemption;
Code Amendment No. 759 – Page 6
New facilities not subject to Administrative Wireless Permit (e.g. facilities in the public right-of-way in residential used or zoned properties; and
New facilities not subject to Section 6409.
Temporary Wireless Permit
Other Permits and Regulatory Approvals (e.g. encroachment permit)
Application Process:
Pre-Submittal conference with the City (for certain applications):
Facilities requiring a CUP; or
More than five facilities proposed in the public right-of-way
Submittal appointment to manage shot clocks and ensure early coordination with applicants.
Notice to the City required 30 days before shot clock expiration.
Required Findings:
Facility complies with site location guidelines and development standards;
Applicant has demonstrated compliance with FCC rules/regulations, including those related to RF emissions;
Good-faith effort made to evaluate alternative locations and designs; and
Record indicating provision of comparative analysis of more-preferred alternative locations and less-intrusive alternative designs.
Standard Conditions of Approval:
10 year term.
Compliance with approved plans.
One year build-out period subject to extension.
Maintenance obligations.
Effort to avoid impacts on nearby properties.
Authorization for City inspections.
Provision of contact information from permittee.
Indemnification.
Performance bond.
Subject to revocation.
Retention of records.
Undergrounding of facilities.
Code Amendment No. 759 – Page 7
Rearrangement and relocation, as necessary.
Abandonment deemed non-operation for 6-month period.
Location Guidelines (Most preferred to least preferred):
1. City-owned property or structures located outside of the public right-of-way.
2. City-owned property or structures located in the public right-of-way.
3. Manufacturing zones.
4. Commercial zones.
5. Office professional zones.
6. Mixed/multi-use zones.
7. Open space.
8. Residential zones or uses.
Preferred Support Structures (Most preferred to least preferred):
1. Collocations with existing building or structure-mounted wireless facilities.
2. Collocations with existing wireless facilities on electric transmission towers.
3. Collocations with existing freestanding wireless facilities.
4. New installations on existing buildings or structures.
5. New installations on existing electric transmission towers.
6. New freestanding wireless towers.
Development Standards:
Concealment elements required.
Height limited to applicable limit in applicable zone.
No encroachment into any applicable setbacks, except no setback requirements applicable to facilities in the public right-of-way (building and safety requirements will apply).
Noise must comply with El Monte noise ordinance except in case of exigent, emergency circumstances.
Landscape features required and landscape plan required for faculties placed in landscaped area. Additional landscaping may be required for screening purposes.
Site security measures, e.g. fences, walls, anti-climbing devices.
Lights permitted only if required by government regulations or timed/motion-sensitive lights for security purposes.
Signage required for contact information of facility provider.
Code Amendment No. 759 – Page 8
Integration of future collocations and equipment.
Undergrounded utilities to the extent feasible.
Reduction of parking prohibited for subject property.
Compliance with laws.
Administrative Design Guidelines:
City reserves the right to adopt design guidelines to clarify aesthetic goals and standards and ensure consistently in facility designs. The City anticipates adopting such guidelines by the end of the calendar year.
Amortization:
Courts have upheld the liquidation of nonconforming uses within a specified period that is consistent with the rate of investment involved, i.e. amortization.
The amortization schedule proposed would be as follows:
Fair Market Value on Effective Date *
Minimum Years Allowed
Less than $50,000 5 years
$50,000 to $500,000 10 years
Greater than $500,000 15 years
* At time of installation
Amended EMMC Chapter 17.83 – Newly and Substantially Changed Wireless Facilities (6409)
Approval:
Administrative approval from Economic Development Director or Public Works Director depending on proposed location.
Other permits, as required, e.g. encroachment permit for facilities in the public right-of-way.
Application Process:
Pre-Submittal conference with the City for collocations or modifications to any concealed or camouflaged wireless tower or base station.
Submittal appointment to manage shot clocks and ensure early coordination with applicants.
Code Amendment No. 759 – Page 9
Required Findings:
Collocation, removal, or replacement of transmission equipment on existing warless tower or base station is involved; and
There is no “substantial change” to the physical dimensions of the existing wireless tower or base station.
Standard Conditions of Approval:
Term coterminous with underlying permit or regulatory approval.
Expiration within one year if Section 6409 invalidated, subject to inspection.
Required compliance with approved plans.
Maintenance requirements.
Effort to avoid impacts on nearby properties.
Provision of contact information from permittee.
Indemnification.
Performance bond.
Subject to revocation.
Retention of records.
Undergrounding of facilities.
Rearrangement and relocation, as necessary.
Abandonment deemed non-operation for 6-month period. ENVIRONMENTAL REVIEW:
Code Amendment No. 759 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) under the general rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment. Code Amendment No. 759 would not create any environmental impacts, therefore no additional action under CEQA is required. The City also discretely reviews individual proposed wireless facilities under CEQA. RECOMMENDED FINDINGS: In order to approve proposed Code Amendment No. 759, the Planning Commission is required to make certain findings. Section 4 of the attached proposed Resolution sets forth the required findings, in accordance with CEQA and Government Code Section 65860(a). With regard to environmental review, Code Amendment No. 746 is exempt from CEQA pursuant to Section 15061(b)(3) under the general rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment.
Code Amendment No. 759 – Page 10
Code Amendment No. 759 is consistent with the General Plan because it: (1) ensures consistency with federal and state laws and regulations; (2) promotes the aesthetic integrity of the City’s character by engaging time, place, and manner regulations that are tailored to the City’s zoning and land use preferences; (3) protects the public safety by ensuring compliance with federal RF emissions regulations; (4) enhances the public convenience, health, interest, safety, or welfare by maximizing the City’s police power controls over the deployment of wireless facilities within the parameters of federal and state laws and regulations. PUBLIC NOTICE: Public notice of this Planning Commission public hearing (Attachment B) was published in a newspaper of general circulation on May 10, 2018. RECOMMENDATION: Adopt Resolution No. 3506 (Attachment A) recommending City Council approval of Code Amendment No. 759. ATTACHMENTS:
A. Resolution No. 3506 including Code Amendment No. 759 B. Public Hearing Notice
RESOLUTION NO. 3506| 1
RESOLUTION NO. 3506
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL MONTE RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF EL MONTE APPROVAL OF CODE AMENDMENT NO. 759 AMENDING CHAPTER 17.82 (NEW AND SUBSTANTIALLY CHANGED WIRELESS FACILITIES) OF TITLE 17 (ZONING) OF THE EL MONTE MUNICIPAL CODE AND ADDING CHAPTER 17.83 (WIRELESS FACILITIES – ELIGIBLE FACILITIES REQUESTS) TO TITLE 17 (ZONING) OF THE EL MONTE MUNICIPAL CODE TO ESTABLISH REASONABLE ZONING AND LAND USE REGULATIONS CONCERNING WIRELESS FACILITIES IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS
WHEREAS, pursuant to California Constitution Article XI, Section 7, the City of El
Monte (the “City”) has the authority to enact local planning and land use regulations to
protect the public health, safety, and welfare of their residents through its police power;
WHEREAS, the City’s police power provides the right to adopt and enforce
zoning regulations;
WHEREAS, state and federal law do not vest local governments with complete
control over the regulation of wireless facilities, such as macro cell towers or so-called
small cells,
WHEREAS, wireless service providers must apply to cities and counties for
permits to build structures that support wireless telecommunications equipment, like
antennae and related devices;
WHEREAS, wireless carriers must seek local approval to place additional
telecommunications equipment on structures and facilities where that equipment
already exists, which are referred to as collocations;
RESOLUTION NO. 3506| 2
WHEREAS, California cities are preempted from regulating various aspects of
wireless facilities siting, under both federal and state law;
WHEREAS, federal law establishes specified limitations and preemptions in
relation to the siting of wireless facilities as part of the Federal Telecommunications Act
of 1996 (47 U.S.C. § 332);
WHEREAS, federal law provides that no state or local statute or regulation, or
other state or local requirement, may prohibit or have the effect of prohibiting the ability
of any entity to provide any interstate or intrastate telecommunications service (47
U.S.C. § 253);
WHEREAS, federal law also provides that a state or local government may not
deny, but shall approve, any eligible facilities request for a modification of an existing
wireless tower or base station that does not substantially change the physical
dimensions of such a tower or base station (47 U.S.C. § 1455(a));
WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of
2012 (“Section 6409”) mandates that state or local government approve certain wireless
facilities siting requests for modifications and collocations of wireless transmissions
equipment on an existing tower or base station that do not result in a substantial change
to the physical dimensions of such tower or base station;
WHEREAS, in October 2014, the Federal Communications Commission
unanimously approved rules interpreting Section 6409 that took effect as of April 2015;
RESOLUTION NO. 3506| 3
WHEREAS, under state law, a wireless collocation facility must be a permitted
use, not subject to a local discretionary permit, if it satisfies certain requirements (Gov.
Code, § 65850.6);
WHEREAS, under California Senate Bill 1627, local governments are required to
approve collocations through a ministerial process and are prohibited from limiting the
duration of permits for wireless sites to less than 10 years, absent good reason;
WHEREAS, federal and state laws impose various so-called “shot clocks” for
periods of 60, 90, or 150 days that can lead to projects being deemed approved if not
approved or denied within the applicable time frame;
WHEREAS, for example, California Assembly Bill 57 specifies that a collocation
or siting application for a wireless facility is deemed approved if a local government
does not act on a permit application within reasonable time periods specified in federal
regulations;
WHEREAS, telecommunications companies have access to attach their
equipment to utility poles in the public right-of-way, governed by a set of state and
federal regulations;
WHEREAS, this method of attachment is increasingly popular as such
companies seek to deploy so-called 5G network technology;
WHEREAS, state law establishes a framework, process, and procedures
governing the attachment of telecommunications facilities to investor-owned utility poles
and municipal utility poles, providing the California Public Utilities Commission (CPUC)
the authority to establish and enforce rates, terms and conditions for pole attachments;
RESOLUTION NO. 3506| 4
WHEREAS, telecommunications companies are authorized to erect poles and
attach to investor-owned and municipal utility poles under specified cost-based rates
(Pub. Util. Code, § 7901);
WHEREAS, local governments may not block utility pole attachments, but
existing law authorizes them to regulate the time, manner, and place of pole
attachments in the public right-of-way (Pub. Util. Code, § 7901.1);
WHEREAS, these local regulations are the vehicle for local police
power/regulation;
WHEREAS, on March 20, 2018, the City Council adopted Resolution No. 9841 to
approve a Master License Agreement template for potential engagement with
telecommunications companies for the siting of small cells on City-owned vertical
infrastructure in the public right-of-way;
WHEREAS, the City’s existing wireless facility regulations have not been
updated in over nine years and the City seeks to update such regulations to ensure
compliance with state and federal laws, while maintaining the City’s values and goals to
the extent allowable by law;
WHEREAS, the Planning Commission conducted a duly notice public hearing
was held on May 22, 2018 concerning the prospective approval of Code Amendment
No. 759;
WHEREAS, evidence, both written and oral, was duly presented to and
considered by the Planning Commission at such public hearing; and
WHEREAS, after the close of such public hearing, the Planning Commission
considered all public comments received both before and during the public hearing, the
RESOLUTION NO. 3506| 5
presentation by City staff, the relevant staff report, and all other pertinent documents
regarding the proposed Code Amendment No. 759.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF EL
MONTE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the facts set forth in the recitals above are true and correct.
SECTION 2. That this Resolution constitutes the required written
recommendation to the City Council in accordance with Government Code Section
65855.
SECTION 3. That pursuant to due notice as required by law, a full and fair public
hearing was held by and before this Planning Commission at a regular meeting on May
22, 2018, at which time, all interested persons were given full opportunity to be heard
and present evidence.
SECTION 4. Findings.
A. Code Amendment No. 759 is exempt from CEQA pursuant to Section
15061(b)(3) under the general rule that CEQA does not apply to activities which can be
seen with certainty to have no effect on the environment. Code Amendment No. 759
would not create any environmental impacts, therefore no additional action under CEQA
is required.
B. The Planning Commission finds that Code Amendment No. 759 is
consistent with the General Plan because: (1) ensures consistency with federal and
RESOLUTION NO. 3506| 6
state laws and regulations; (2) promotes the aesthetic integrity of the City’s character by
engaging time, place, and manner regulations that are tailored to the City’s zoning and
land use preferences; (3) protects the public safety by ensuring compliance with federal
radio frequency (RF) waves regulations; (4) enhances the public convenience, health,
interest, safety, or welfare by maximizing the City’s police power controls over the
deployment of wireless facilities within the parameters of federal and state laws and
regulations.
SECTION 5. Based upon the conclusions in the recitals and findings set forth
above, the Planning Commission recommends that the City Council approve the
approve Code Amendment No. 759 attached hereto as Exhibit “A.”
RESOLUTION NO. 3506| 7
SECTION 6. That the Secretary of the City Planning Commission of the City of
El Monte, California, shall certify to the adoption of this resolution and shall cause a
copy of the same to be forwarded to the applicant.
________________________________ Alfred Nuño, Chairperson ATTEST: _______________________________ Marcella Magdaleno, Secretary El Monte City Planning Commission STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS: CITY OF EL MONTE)
I, Marcella Magdaleno, Secretary of the Planning Commission of the City of El Monte,
do hereby certify that the above and foregoing is a full, true, and correct copy of
Resolution No. 3506 adopted by the Planning Commission of the City of El Monte, at a
regular meeting by said Commission held on May 22, 2018, by the following votes to
wit:
AYES: NOES: ABSTAIN: ABSENT: ________________________________
RESOLUTION NO. 3506| 8
Marcella Magdaleno, Secretary El Monte City Planning Commission
Exhibit “A” – Code Amendment No. 759
page 1 / 25 City of El Monte DRAFT Chapter 17.82
DRAFT WIRELESS COMMUNICATION FACILITIES ORDINANCE FOR NEW AND SUBSTANTIALLY CHANGED WIRELESS FACILITIES
CONTENTS 17.82.010 PURPOSE AND INTENT ............................................................................. 1
17.82.020 DEFINITIONS .............................................................................................. 2
17.82.030 APPLICABILITY .......................................................................................... 5
17.82.040 REQUIRED APPROVALS ........................................................................... 6
17.82.050 APPLICATION REQUIREMENTS ............................................................... 7
17.82.060 NOTICE ....................................................................................................... 9
17.82.070 DECISIONS; LIMITED EXEMPTIONS; APPEALS .................................... 10
17.82.080 STANDARD CONDITIONS OF APPROVAL ............................................. 11
17.82.090 SITE LOCATION GUIDELINES ................................................................. 16
17.82.100 DEVELOPMENT STANDARDS ................................................................ 17
17.82.110 TEMPORARY WIRELESS FACILITIES .................................................... 22
17.82.120 AMORTIZATION OF NONCONFORMING WIRELESS FACILITIES ........ 24
CHAPTER 17.82 NEW AND SUBSTANTIALLY CHANGED WIRELESS FACILITIES
17.82.010 PURPOSE AND INTENT A. The City of El Monte intends this Chapter 17.82 to establish reasonable, uniform
and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City’s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This Chapter is also intended to reflect and promote the community interest to (1) ensure that the balance between public and private interest is maintained on a case-by-case basis; (2) protect the City’s visual character from potential adverse impacts or visual blight created or exacerbated by telecommunications infrastructure; (3) protect and preserve the City’s environmental resources; and (4) promote access to high-quality, advanced telecommunication services for the City’s residents, businesses and visitors.
page 2 / 25 City of El Monte DRAFT Chapter 17.82
B. This Chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law.
17.82.020 DEFINITIONS The abbreviations, phrases, terms and words used in this Chapter will have the meanings assigned to them in this Section 17.82.020 or, as may be appropriate, in Section 17.04.020 (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. A. “approval authority” means the commission or official responsible for review of
permit applications and vested with the authority to approve or deny such applications. The approval authority for a conditional use permit is the Planning Commission or, on appeal, the City Council. The approval authority for an administrative wireless permit is the Economic Development Director or, on appeal, the Planning Commission. The approval authority for a temporary wireless permit is the Economic Development Director or, on appeal, the City Manager. The foregoing notwithstanding, the approval authority for administrative wireless permits or temporary wireless permits relating to wireless facilities within the public rights-of-way is the Public Works Director, or on appeal, the Planning Commission or City Manager, respectively.
B. “base station” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and
page 3 / 25 City of El Monte DRAFT Chapter 17.82
fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii).
C. “City Manager” means the City Manager of the City of El Monte, or the City Manager’s designee.
D. “concealed” or “concealment” means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (1) facade or rooftop mounted pop-out screen boxes; (2) antennas mounted within a radome above a streetlight; (3) equipment cabinets in the public rights-of-way painted or wrapped to match the background; and (4) an isolated or standalone faux-tree.
E. “CPCN” means a “Certificate of Public Convenience and Necessity” granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code §§ 1001 et seq., as may be amended.
F. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
G. “Economic Development Director” or “Director” means the Economic Development Director of the City of El Monte, or the Economic Development Director’s designee. When used in the context of applications related to wireless facilities on private property, the Director refers to the Economic Development Director.
H. “FCC” means the Federal Communications Commission or its duly appointed successor agency.
I. “FCC Shot Clock” means the reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time.
J. “OTARD” means any over-the-air reception device subject to 47 C.F.R. §§ 1.4000 et seq., as may be amended, and which includes satellite television dishes not greater than one meter in diameter.
K. “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
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L. “personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
M. “Planning Commission” means the Planning Commission of the City of El Monte. N. “Planning Division” means the Planning Division of the Economic Development
Department of the City of El Monte or its duly appointed successor agency. O. “Public Works Department” means the Public Works Department of the City of
El Monte or its duly appointed successor agency. P. “Public Works Director” or “Director” means the Public Works and Utilities
Director of the City of El Monte, or the Public Works Director’s designee. When used in the context of applications related to wireless facilities in the public right-of-way, the Director refers to the Public Works Director.
Q. “RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.
R. “routine maintenance and repair” means work performed solely to maintain or repair the existing transmission equipment approved in accordance with the regulatory approvals or permits required at the time the subject wireless facility was constructed or modified. As an illustration, routine maintenance and repair includes fixing the internal components of damaged, inoperable or malfunctioning transmission equipment or replacing such equipment with new equipment of the same make, model and size of the equipment being replaced. Maintenance or repair that involves adding any new transmission equipment, increasing the size or dimensions of any existing transmission equipment, or implementing technology upgrades shall not be considered routine.
S. “Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
T. “stealth” means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural and/or built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique. These facilities are so integrated and well-hidden that the average, untrained observed would need special knowledge to recognize their existence. Stealth concealment techniques include, but are not limited to: (1) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and (2) new architectural features that mimic the underlying building in architectural style, physical proportion and quality of construction materials. Architectural features commonly used as stealth concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs, water tanks and flagpoles. Further, whether a wireless facility qualifies as a stealth facility depends on the context that exists at a given location and is evaluated on a case-by-case basis.
U. “temporary wireless facilities” means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a
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confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless facilities not permanently affixed to site on which is located.
V. “tower” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees and lattice towers.
W. “transmission equipment” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
X. “wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
17.82.030 APPLICABILITY A. Applicable Wireless Facilities. This Chapter applies to all existing wireless
facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy wireless facilities in the City, whether located or proposed to be located on private property or in the public right-of-way, unless exempted under Section 17.82.030(B) (Exempt Wireless Facilities) or governed under Chapter 17.83 (Eligible Facilities Requests) pursuant to Section 17.82.030(C) (Requests for Approval Pursuant to Section 6409).
B. Exempt Wireless Facilities. Notwithstanding the provisions in Section 17.82.030(A) (Applicable Wireless Facilities), the provisions in this Chapter will not be applicable to: (1) wireless facilities owned and operated by the City for public purposes; (2) wireless facilities installed on City property located outside the public right-of-way (3) wireless facilities installed on City property in the public right-of-way pursuant to a valid master license agreement with the City; (4) amateur radio facilities; (5) OTARD antennas; (6) wireless facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); (7) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation,
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transmission and distribution facilities subject to CPUC General Order 131-D; and (8) routine maintenance and repair performed on existing wireless facilities.
C. Request for Approval Pursuant to Section 6409. Any requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be first reviewed under Chapter 17.83 (Eligible Facilities Requests). Qualifying requests for Section 6409 approval will not be subject to an administrative wireless permit or conditional use permit under Section 17.82.040. To the extent that the applicant’s request does not qualify for approval under Section 6409, the applicant may submit the same or a substantially similar application for approval under this Chapter.
17.82.040 REQUIRED APPROVALS A. Administrative Wireless Permit. An administrative wireless permit, subject to the
approval authority’s prior review and approval in accordance with the procedures and standards in this Chapter, is required for: 1. all new wireless facilities and collocations, modifications or other changes
to existing wireless facilities located in the public rights-of-way on non-residential used or zoned property;
2. all new stealth wireless facilities; 3. all collocations, modifications or other changes to existing stealth facilities.
B. Conditional Use Permit. A conditional use permit, subject to the Planning Commission’s prior review and approval in accordance with the procedures and standards in Chapter 17.24 (Conditional Use Permits), is required for: 1. all new wireless facilities and collocations, modifications or other changes
to existing wireless facilities that require a limited exception pursuant to Section 17.82.070(C) (Limited Exception for Personal Wireless Service Facilities);
2. all new wireless facilities and collocations, modifications or other changes to existing wireless facilities not subject to an administrative wireless permit.
C. Temporary Wireless Permit. A temporary wireless permit, subject to the approval authority’s prior review and approval in accordance with the procedures and standards in Section 17.82.110 (Temporary Wireless Facilities), is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to Section 17.82.110(B) (Temporary Wireless Facilities for Emergencies).
D. Other Permits and Regulatory Approvals. In addition to any conditional use permit, administrative wireless permit, temporary wireless permit or other permit or approval required under this Chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation other any permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any permit or approval granted under this Chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.
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17.82.050 APPLICATION REQUIREMENTS A. Application Required. The approval authority shall not approve any request for a
conditional use permit, administrative wireless permit or temporary wireless permit except upon a duly filed application consistent with this Section 17.82.050 and any other written rules the City or the Director may establish from time to time in any publicly-stated format.
B. Application Content. All applications for a conditional use permit, administrative wireless permit or temporary wireless permit must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this Chapter. The City Council further authorizes the Director to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice.
C. Procedures for a Duly Filed Application. Any application for a conditional use permit or administrative wireless permit will not be considered duly filed unless submitted in accordance with the procedures in this Section 17.82.050(C). 1. Pre-Submittal Conference. Before application submittal, the applicant
must schedule and attend a pre-submittal conference with the Director for all proposed projects (a) subject to a conditional use permit or (b) that involve the deployment of more than five (5) facilities in the public right-of-way. Pre-submittal conferences for all other proposed projects are strongly encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Planning Division or Public Works Department, as the case may be, shall use reasonable efforts to provide the applicant with an appointment within five (5) working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre-submittal conference.
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2. Submittal Appointment. All applications must be submitted to the City at a pre-scheduled appointment with the Director. Applicants may submit up to ten (10) applications per appointment whenever feasible for City staff and not prejudicial to other applicants. The Director shall use reasonable efforts to provide the applicant with an appointment within five (5) working days after the Director receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the Director at a pre-submittal conference.
D. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this Chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Planning Division or Public Works Department, as the case may be, within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director may, in the Director’s discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.
E. Peer and Independent Consultant Review. 1. Authorization. The City Council authorizes the Director to, in the Director’s
discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Director in connection any permit application.
2. Scope. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include without limitation: (a) permit application completeness and/or accuracy; (b) pre-construction planned compliance with applicable regulations for human exposure to RF emissions; (c) post-construction actual compliance with applicable regulations for human exposure to RF emissions; (d) whether and to what extent a proposed project will address a gap in the applicant’s wireless services; (e) whether and to what extent any technically feasible and/or potentially available alternative sites or concealment techniques may exist; (f) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the City’s discretion to review; and (g) any other issue identified by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with City staff and/or the applicant.
3. Consultant Fees; Deposit. Subject to applicable law, in the event that the Director elects to retain an independent consultant in connection with any
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permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include without limitation any costs incurred by the independent consultant to attend and participate in any meetings or hearings. Before the independent consultant may perform any services, the applicant shall tender to the City a deposit in an amount equal to the estimated cost for the services to be provided, as determined by the Director until the City adopts the initial required deposit by fee schedule. The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. In the event that the deposit exceeds the total costs for consultant’s services, the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the Building Official or his or her designee. In the event that the reasonable costs for the independent consultant’s services exceed the deposit, the Director shall invoice the applicant for the balance. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.
17.82.060 NOTICE A. General Notice Requirements. Public notice and a hearing in accordance with
the provisions in Section 17.24.020(D) (Public Notice) shall be required for all conditional use permit applications. The approval authority shall administratively review a complete and duly filed application for an administrative wireless permit and may act on such application without a public hearing not less than 10 calendar days after the applicant posts notice at the project site. The posted notice must contain (1) a general explanation of the proposed project; (2) the applicant’s identification and contact information as provided on the application submitted to the City; and (3) contact information for the applicable City department.
B. Deemed-Approval Notice. Not more than 30 days before the applicable FCC timeframe for review expires, and in addition to the public notice required in Section 17.82.060(A) (General Notice Requirements), an applicant for a conditional use permit or administrative wireless permit must provide a posted notice at the project site that contains (1) a statement the project will be automatically deemed approved pursuant to California Government Code § 65964.1 unless the City approves or denies the application or the applicant tolls the timeframe for review within the next 30 days; (2) a general explanation of the proposed project; (3) the applicant’s identification and contact information as provided on the application submitted to the City; and (4) contact information for the applicable City department. The public notice required under this Section 17.82.060(B) will be deemed given when the applicant delivers written notice to the Director that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this Chapter, the approval authority shall be permitted to act on an application at any time so long as the public notice required in Section 17.82.060(A) (General Notice Requirements) has occurred.
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C. Decision Notices. Within five (5) days after the approval authority acts on an application for a conditional use permit or administrative wireless permit or before the FCC Shot Clock expires (whichever occurs first), the approval authority or its designee shall send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal.
17.82.070 DECISIONS; LIMITED EXEMPTIONS; APPEALS A. Required Findings for Administrative Wireless Permit Approval. The approval
authority may approve or conditionally approve an application for an administrative wireless permit submitted under this Chapter when the approval authority finds all of the following: 1. the proposed wireless facility complies with all applicable site location
guidelines and development standards in Sections 17.82.090 (Site Location Guidelines) and 17.82.100 (Development Standards); and
2. the applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions.
B. Required Findings for Conditional Use Permit Approval. In addition to the conditional use permit findings under Section 17.24.050 (Findings) and the required findings in Section 17.82.070.A, the approval authority may approve or conditionally approve an application for a conditional use permit submitted under this Chapter when the approval authority also finds all of the following: 1. the applicant has demonstrated a good-faith effort to identify and evaluate
more-preferred alternative locations and potentially less-intrusive alternative designs for the proposed wireless facility; and
2. the applicant has provided the approval authority with a meaningful comparative analysis that shows all more-preferred alternative locations and less-intrusive alternative designs identified in the administrative record are either technically infeasible or unavailable.
C. Conditional Approvals; Denials Without Prejudice. Subject to any applicable limitations in federal or state law, nothing in this Chapter is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any application for a conditional use permit or administrative wireless permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this Chapter, the El Monte Municipal Code or the General Plan.
D. Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with the site location guidelines in Section 17.82.090 (Site Location Guidelines) or the development standards in Section 17.82.100 (Development Standards) would effectively prohibit the applicant’s ability to provide personal wireless services, the Planning Commission may grant a limited exception from such requirements to the extent necessary to
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prevent an effective prohibition when the Planning Commission finds all of the following: 1. the proposed wireless facility qualifies as a “personal wireless service
facility” as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded; and
2. the applicant has provided the Planning Commission with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and
3. the applicant has provided the Planning Commission with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this Chapter, the El Monte Municipal Code, the General Plan and/or any specific plan; and
4. the applicant has provided the Planning Commission with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and
5. the applicant has demonstrated to the Planning Commission that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area.
E. Appeals. Any interested person or entity may appeal any decision by the approval authority to approve or deny an application for a conditional use permit or administrative wireless permit. Appeals must be filed with the City Clerk within ten (10) calendar days following the approval authority’s issuance of the decision notice required under Section 17.82.060(C) (Decision Notices). On the next available meeting date after the appeal period lapses, or as soon as reasonably feasible thereafter, the appellate authority shall hold a de novo public hearing to consider and act on the application in accordance with the applicable provisions in the General Plan, any applicable specific plan and all applicable provisions in the El Monte Municipal Code. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations.
17.82.080 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all conditional use permits and administrative wireless permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section 17.82.080. The approval authority (or the appellate authority on
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appeal) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Chapter. A. Permit Term. This permit will automatically expire 10 years and one day from its
issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. Upon an application for permit renewal submitted within one year from the expiration date of this permit, the Director may renew this permit for an additional 10-year term provided that the permittee’s wireless facility is in compliance with all applicable conditions of approval and all applicable provisions in the El Monte Municipal Code that exist at the time of the renewal.
B. Compliance with Approved Plans. Before the permittee submits any applications to the Building Department, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the “Approved Plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans, as determined by the Director. Any material alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director’s prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.
C. Build-Out Period. This permit will automatically expire one (1) year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant one written extension to a date certain, but not to exceed one (1) additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.
D. Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this permit. The
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permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
E. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the El Monte Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the El Monte Municipal Code, any permit, any permit condition or any applicable law or regulation.
F. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the El Monte Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director or the Director’s designee may issue a stop work order for any activities that violates this condition.
G. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City’s officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City’s officers, officials, staff or other designee while any such inspection or emergency access occurs.
H. Permittee’s Contact Information. The permittee shall furnish the Director with accurate and up-to-date contact information to reach a live person responsible for the wireless facility, which includes without limitation a direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the
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Director with updated contact information in the event that the contact information changes.
I. Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, City Council and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“Claims”) brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City’s approval of this permit, and (2) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.
J. Performance Bond. Before the applicable City department issues any construction or encroachment permit, as applicable, in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the Director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility and restore any areas affected by the removal work to a standard compliant with applicable laws. In addition, the Director may modify this condition to the extent reasonably necessary to comply with any reasonable requirements imposed by the permittee’s surety.
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K. Recall to Approval Authority; Permit Revocation. This permit shall be subject to the provisions in El Monte Municipal Code Section 17.24.100 (Revocation).
L. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City’s regular files will control over any conflicts between such City-controlled copies or records and the permittee’s electronic copies, and complete originals will control over all other copies in any form.
M. Undergrounded Utilities. In the event that other electric or communications utilities in the public right-of-way underground their facilities where the permittee’s wireless facility is located, and the permittee’s wireless facility is located in the public right-of-way, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the permittee’s sole cost and expense except as reimbursed pursuant to law.
N. Electric Meter Removal. In the event that the electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure in the public right-of-way, the permittee on its own initiative and at its sole cost and expense shall apply to the City for the required encroachment and/or other ministerial permit(s) to remove the separate or ground-mounted electric meter and enclosure and restore the affected area to its original condition.
O. Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City (collectively, “City Work”). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this permit. In the event that the Public Works Director determines that any City Work will require the permittee’s wireless facility located in the public right-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee’s wireless facility within a reasonable time after the Public Works Director’s notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee’s sole cost and expense. The City may exercise
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its rights to rearrange or relocate the permittee’s wireless facility without prior notice to permittee when the Public Works Director determines that the City Work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs. In addition, the permittee shall indemnify, defend and hold the City, its agents, officers, officials, employees and volunteers harmless from and against any Claims in connection with rearranging or relocating the permittee’s facility, or turning on or off any water, oil, gas, electricity or other utility service in connection with the permittee’s facility.
P. Abandoned Wireless Facilities. The wireless facility authorized under this permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the wireless facility and all related improvements, and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the El Monte Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities.
17.82.090 SITE LOCATION GUIDELINES A. Locations. All applicants must, to the extent feasible, propose new wireless
facilities on private property or in the public rights-of-way in locations according to the following preferences, ordered from most preferred to least preferred: 1. City-owned property or structures located outside the public rights-of-way; 2. City-owned property or structures located in the public rights-of-way; 3. manufacturing zones; 4. commercial zones; 5. office professional zones; 6. mixed/multi-use zones; 7. open space; 8. residential zones or uses.
B. Preferred Support Structures. In addition to the preferred locations described in Section 17.82.090(A) (Locations), the City also expresses its preference for installations on certain support structures (which include support structures on private property or in the public rights-of-way). The approval authority will take into account whether any more preferred support structures are technically feasible and potentially available. The City’s preferred support structures are as follows, ordered from most preferred to least preferred: 1. collocations with existing building or other support structure-mounted
wireless facilities; 2. collocations with existing wireless facilities on electric transmission towers;
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3. collocations with existing freestanding wireless facilities; 4. new installations on existing buildings or other support structures; 5. new installations on existing electric transmission towers; and 6. new freestanding wireless towers.
17.82.100 DEVELOPMENT STANDARDS A. Generally Applicable Development Standards. All new wireless facilities and
collocations, modifications or other changes to existing wireless facilities not covered under Section 6409 must conform to the generally applicable development standards in this Section 17.82.100(A). 1. Concealment. Wireless facilities must incorporate concealment elements,
measures and techniques that blend the equipment and other improvements into the natural and/or built environment in a manner consistent and/or compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity. As an illustration and not a limitation, a wireless facility designed to mimic a native tree species or a rock outcrop may be appropriate in an open space or hillside location where other natural elements exist to provide effective camouflaging and/or concealment.
2. Overall Height. Except as provided in Section 17.82.100(D) (Right-of-Way Facilities), wireless facilities may not exceed the applicable height limit for structures in the applicable zoning district or overlay zone.
3. Setbacks. Wireless facilities may not encroach into any applicable setback for structures in the subject zoning district. Applicable setbacks for private property do not apply to wireless facilities located in the public rights-of-way.
4. Noise. Wireless facilities and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations in Chapter 8.36 (Noise Control), and shall not exceed, either individually or cumulatively, the applicable ambient noise limit in the subject zoning district. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/or strategies whenever necessary to avoid any ambient noise from equipment (such as backup power generators) reasonably likely to exceed the applicable limit. In the event a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part, backup power generators may exceed the applicable noise control standards and regulations to the extent reasonably necessary to operate the facility until the declared emergency is lifted or power is restored to the affected facility.
5. Landscaping. All wireless facilities must include landscape features and a landscape plan when proposed to be placed in a landscaped area. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location. Landscape maintenance must be performed in accordance with Chapter 17.10 (Landscaping Requirements). The approval authority may require additional landscape
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features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this Chapter.
6. Site Security Measures. Wireless facilities may incorporate reasonable and appropriate site security measures, such as fences, walls and anti-climbing devices, to prevent unauthorized access, theft or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible, such as installing equipment within an enclosure designed to mimic a trash-can corral rather than within a chain link fence. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the security measures and other improvements into the natural and/or built environment. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures.
7. Backup Power Sources. The approval authority may approve permanent backup power sources and/or generators on a case-by-case basis. The City strongly disfavors backup power sources installed on the ground or mounted on poles within the public rights-of-way. The approval authority shall not approve any diesel generators or other similarly noisy or noxious generators in or within 250 feet from any residence; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.
8. Lights. Wireless facilities may not include exterior lights other than (a) as may be required under Federal Aviation Administration, FCC or other applicable governmental regulations; and (b) timed or motion-sensitive lights for security and/or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible.
9. Signage; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations.
10. Future Collocations and Equipment. To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance.
11. Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. Meters, panels, disconnect switches and other associated improvements must be
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placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost; provided, however, that the Director may waive this requirement to the extent the approval of new overhead lines or service drops would amount to a de minimis visual change. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna.
12. Parking; Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless facilities should use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements should be the minimum size necessary to reasonably accommodate the proposed use.
13. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which include without limitation the California Building Standards Code, General Plan and any applicable specific plan, the El Monte Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the facility.
B. Freestanding Wireless Facilities. In addition to the requirements in Section 17.82.100(A) (Generally Applicable Development Standards), all new freestanding wireless facilities and collocations, modifications or other changes to existing freestanding wireless facilities not covered under Section 6409 must conform to the requirements in this Section 17.82.100(B). 1. Tower-Mounted Equipment. All tower-mounted equipment must be
mounted as close to the vertical support structure as possible to reduce its overall visual profile. Applicants must mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat colors subject to the approval authority’s prior approval.
2. Ground-Mounted Equipment; Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences or other enclosures subject to the approval authority’s prior approval. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
C. Building-Mounted Wireless Facilities. In addition to the requirements in Section 17.82.100(A) (Generally Applicable Development Standards), all new building-mounted wireless facilities and collocations, modifications or other changes to
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existing building-mounted wireless facilities not covered under Section 6409 must conform to the requirements in this Section 17.82.100(C). 1. Preferred Concealment Techniques. All applicants should, to the extent
feasible, propose new non-tower wireless facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, when integration with existing building features is not feasible, the applicant should propose completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible.
2. Facade-Mounted Equipment. When wireless facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade-mounted equipment in accordance with this section. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The approval authority may not approve “pop-out” screen boxes unless the design is architecturally consistent with the original building or support structure. Except in manufacturing zones, the approval authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade(s) along the building frontage that is the least prominent or publicly visible.
3. Rooftop-Mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish. The approval authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.
4. Ground-Mounted Equipment; Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, building interior equipment room, or other enclosures subject to the approval authority’s prior approval. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
D. Right-of-Way Wireless Facilities. In addition to the applicable requirements in Section 17.82.100(A) (Generally Applicable Development Standards), all new right-of-way wireless facilities and collocations, modifications or other changes to existing right-of-way wireless facilities not covered under Section 6409 must conform to the requirements in this Section 17.82.100(D).
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1. Concealment. All wireless facilities in the right-of-way must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. In addition, wireless facilities in the rights-of-way may not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.
2. Overall Height. Wireless facilities in the public rights-of-way may not exceed either (a) the minimum separation from supply lines required by CPUC General Order 95, as may be amended or superseded, plus four feet or (b) four feet above the height of the existing support structure. To the extent that in the Director’s discretion the four-foot height allowance would cause the applicant’s wireless facility to be materially incompatible with the overall height or appearance of the surrounding support structures in the public right-of-way, the Director may require the applicant to propose an alternative design (such as mounting the antenna(s) on the side of the pole) or location to the extent technically feasible.
3. Existing Support Structures. All wireless facilities in the public right-of-way must be installed on existing above-ground structures (such as light standards or utility poles) whenever possible. The approval authority shall not approve any wireless facility proposed to be installed on a traffic control pole unless the Public Works Director finds, in the Public Works Director’s sole discretion, that the traffic control pole has sufficient capacity to support the wireless facility.
4. Replacement Support Structures. Existing above-ground structures may be replaced with structurally hardened, fitted or reinforced support structures so long as the replacement structure is, in the Public Works Director’s discretion, substantially similar to the existing structure to be replaced.
5. New Support Structures. The approval authority shall not approve any new, non-replacement support structures unless: (a) the applicant demonstrates that above-ground support structures within the intended service area either do not exist or are not potentially available to the applicant; or (b) the approval authority specifically finds that a new, non-replacement support structure would be more aesthetically desirable and consistent with the objectives in this Chapter than installations on existing structures near the project site. The approval authority shall have the discretion to require that any new support structure must be a streetlight that conforms to the City’s streetlight standards and specifications, which the City shall maintain for street illumination and public safety purposes.
6. Undergrounded Equipment. To conceal the equipment to the maximum degree feasible, applicants must install all equipment (other than the antenna and any electric meter) underground in any area in which the existing utilities are primarily located underground. In all other areas, applicants shall install all equipment (other than the antenna and any electric meter) underground when the approval authority finds that the
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above-ground equipment would unreasonably interfere with the public’s ability to use the right-of-way for uses that include without limitation travel, social, expressive and/or aesthetic uses. When making a determination on whether to require undergrounded equipment, the approval authority shall take into account the presence of existing above-ground utilities. Mere additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement. If an applicant proposes to install a facility in an area in which the existing utilities are primarily located underground, the approval authority shall have the discretion, consistent with Sections 17.82.100(D)(3)-(5), to require that the applicant install a new streetlight that conforms to the City’s streetlight standards and specifications as the facility support structure.
7. Pole-Mounted Equipment. All pole-mounted equipment must be installed as close to the pole as technically and legally feasible to minimize the overall visual profile. All pole-mounted equipment and required or permitted signage must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures to the extent feasible. All cables, wires and other connectors must be routed through conduits within the pole whenever possible, and all conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible.
8. Ground-Mounted Equipment. To the extent that the equipment cannot be placed underground as required, applicants may be permitted to install ground-mounted equipment in a location that does not obstruct pedestrian or vehicular traffic. All ground-mounted equipment must be placed in the least conspicuous location available within a reasonable distance from the pole. The approval authority may condition approval on new or enhanced landscaping to conceal ground-mounted equipment. The approval authority shall not approve a ground-mounted electric meter pedestal or other electric meter enclosure to the extent feasible.
E. Administrative Design Guidelines. The Director may develop, and from time to time amend, design guidelines consistent with the generally applicable development standards and any facility-specific development standards to clarify the aesthetic goals and standards in this Chapter for City staff, applicants and the public. In the event that a conflict arises between the development standards adopted under Sections 17.82.100(A)-(D) and the design guidelines adopted under this Section 17.82.100(E), the development standards adopted under Sections 17.82.100(A)-(D) shall control.
17.82.110 TEMPORARY WIRELESS FACILITIES A. General Requirements for Temporary Wireless Facilities. Except as provided
in Section 17.82.110(B) (Temporary Wireless Facilities for Emergencies), the requirements, procedures and standards in this section shall be applicable to all applications for a temporary wireless permit for a temporary wireless facility. 1. Applications for Temporary Wireless Facilities. The Director shall not
approve any temporary wireless facility subject to a temporary wireless
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permit except upon a duly filed application consistent with this Section 17.82.110(A)(1) and any other written application requirements or procedures the Director may publish in any publicly-stated format. Applicants for a temporary wireless permit must submit, at a minimum: (1) a temporary wireless permit application on the most current form prepared by the Planning Department; (2) the applicable fee for the application; (3) a site plan that shows the proposed temporary wireless facility and its equipment, physical dimensions and placement on the proposed site relative to property lines and existing structures; (4) an RF compliance report in accordance with the City’s requirements; and (5) an insurance certificate for general commercial liability that names the City as an additional insured, includes coverage for the time period in which the temporary wireless facility will be placed and a carries at least $1,000,000 in coverage per occurrence. Applications must be submitted in person to the Director unless the Director grants written consent to receive an application by mail or electronic means. No pre-submittal conference or appointment is required for a temporary wireless permit application.
2. Administrative Review for Temporary Wireless Facilities. After the Director receives a duly filed application for a temporary wireless permit, the Director shall review the application for completeness. After the Director deems the application complete, the Director shall review the application for conformance with the required findings in Section 17.82.110(A)(3) (Required Findings for Temporary Wireless Facilities) and render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.
3. Required Findings for Temporary Wireless Facilities. The Director may approve or conditionally approve a temporary wireless permit for a temporary wireless facility only when the Director finds all of the following: a. the proposed temporary wireless facility will not exceed 50 feet in
overall height above ground level unless the Director finds that exceeding the 50-foot overall height limit is necessary to integrate a non-freestanding temporary wireless facility with the underlying support structure; and
b. the proposed temporary wireless facility will be placed as far away from adjacent property lines as possible, or otherwise in a location that will be least likely to cause adverse impacts on adjacent properties; and
c. any excavation or ground disturbance associated with the temporary facility will not exceed two feet below grade; and
d. the proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which includes without limitation compliance with maximum permissible exposure limits for human exposure to RF emissions established by the FCC; and
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e. the proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location; and
f. the proposed temporary wireless facility will be identified with a sign that clearly identifies the (I) site operator, (II) the operator’s site identification name or number and (III) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert power-down control over the antennas; and
g. the proposed temporary wireless facility will be removed within 30 days after the Director grants the temporary wireless permit, or such longer time as the Director finds reasonably related to the applicant’s need or purpose for the temporary wireless facility; and
h. the applicant has not been denied a use permit for any permanent wireless facility in the same or substantially the same location within the previous 365 days.
4. Appeals for Temporary Wireless Facilities. Any applicant may appeal the Director’s written decision to deny an application for a temporary wireless permit. The written appeal together with any applicable appeal fee must be tendered to the City within ten (10) days from the Director’s written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals from the Director’s written decision to deny a temporary wireless permit. The City Manager shall review the application de novo; provided, however, that the City Manager’s decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Chapter and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
B. Temporary Wireless Facilities for Emergencies. Temporary wireless facilities may be placed and operated within the City without a temporary wireless permit only when a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part. Any temporary wireless facilities placed pursuant to this Section 17.82.110(B) must be removed within 15 days after the date the emergency is lifted. Any person or entity that places temporary wireless facilities pursuant to this section must send a written notice that identifies the site location and person responsible for its operation to the Director as soon as reasonably practicable.
17.82.120 AMORTIZATION OF NONCONFORMING WIRELESS FACILITIES Any non-conforming wireless facilities in existence at the time this Chapter becomes effective must be brought into conformance with this Chapter in accordance with the amortization schedule in this Section 17.82.120. As used in this section, the “fair market value” will be the construction costs listed on the building permit application for the subject wireless facility and the “minimum years” allowed will be measured from the date on which this Chapter becomes effective.
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Fair Market Value on Effective Date Minimum Years Allowed
Less than $50,000. . . . . . . . . . . . . . . . . . . . . . . 5 $50,000 to $500,000. . . . . . . . . . . . . . . . . . . . . 10 Greater than $500,000. . . . . . . . . . . . . . . . . . . . 15 The Director may grant a written extension to a date certain when the wireless facility owner shows (1) a good faith effort to cure non-conformance; (2) the application of this section would violate applicable laws; or (3) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Director may not grant any permanent exemption from this section. Nothing in this section is intended to limit any permit term to less than ten (10) years. In the event that the amortization required in this section would reduce the permit term to less than 10 years for any permit granted on or after January 1, 2007, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the City granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility.
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DRAFT WIRELESS COMMUNICATION FACILITIES ORDINANCE FOR ELIGIBLE FACILITIES REQUESTS
CONTENTS 17.83.010 LEGISLATIVE INTENT ................................................................................ 1
17.83.020 DEFINITIONS .............................................................................................. 2
17.83.030 APPLICABILITY .......................................................................................... 6
17.83.040 APPROVALS REQUIRED ........................................................................... 6
17.83.050 APPLICATION REQUIREMENTS ............................................................... 6
17.83.060 DECISIONS; APPEALS............................................................................... 9
17.83.070 STANDARD CONDITIONS OF APPROVAL ............................................. 10
Chapter 17.83 ELIGIBLE FACILITIES REQUESTS
17.83.010 LEGISLATIVE INTENT A. Background. Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112-96, codified as 47 U.S.C. § 1455(a) (“Section 6409”), generally requires that State and local governments “may not deny, and shall approve” requests to collocate, remove or replace transmission equipment at an existing tower or base station. Federal Communications Commission (“FCC”) regulations interpret this statute and establish procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential “deemed granted” remedy when the State or local government fails to approve or deny the request within 60 days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified as 47 U.S.C. § 332, applies to only “personal wireless service facilities” (e.g., cellular telephone towers and equipment), Section 6409 applies to all “wireless” facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.).
B. Findings. The City Council finds that the overlap between wireless deployments covered under Section 6409 and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. The City Council further finds that a separate permit application and review process specifically designed for compliance with Section 6409 contained in a separate section devoted to Section 6409 will mitigate such potential confusion, streamline local review and preserve the City’s land-use authority to maximum extent possible.
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C. Intent. The City intends this Chapter to establish reasonable and uniform standards and procedures in a manner that protects and promotes the public health, safety and welfare, consistent with and subject to federal and California state law, for collocations and modifications to existing wireless facilities pursuant to Section 6409 and related FCC regulations codified in 47 C.F.R. §§ 1.40001 et seq. This Chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California state law.
17.83.020 DEFINITIONS The abbreviations, phrases, terms and words used in this Chapter will have the meanings assigned to them in this Section 17.83.020 or, as may be appropriate, in Section 17.04.020 (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. A. “approval authority” means the commission, board or official responsible for
review of permit applications and vested with the authority to approve or deny such applications. The approval authority for a section 6409 approval is the Economic Development Director or, on appeal, the City Manager. The foregoing notwithstanding, the approval authority for a section 6409 approval relating to wireless facilities within the public rights-of-way is the Public Works Director, or, on appeal, the City Manager.
B. “base station” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private,
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broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under 47 C.F.R. § 1.40001, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under 47 C.F.R. § 1.40001, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii).
C. “City Manager” means the City Manager of the City of El Monte, or the City Manager’s designee.
D. “collocation” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.
E. “CPCN” means a “Certificate of Public Convenience and Necessity” granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code §§ 1001 et seq., as may be amended.
F. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
G. “Economic Development Director” or “Director” means the Economic Development Director of the City of El Monte, or the Economic Development Director’s designee. When used in the context of applications related to wireless facilities on private property, the Director refers to the Economic Development Director.
H. “eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.
I. “eligible support structure” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in 47 C.F.R. § 1.40001(b), provided that it is existing at the time the relevant application is filed with the State or local government under 47 C.F.R. § 1.40001.
J. “existing” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is
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existing for purposes of the FCC’s Section 6409 regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
K. “FCC” means the Federal Communications Commission or its duly appointed successor agency.
L. “FCC Shot Clock” means the reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time-to-time.
M. “Planning Division” means the Planning Division of the Economic Development Department of the City of El Monte or its duly appointed successor agency.
N. “Public Works Department” means the Public Works Department of the City of El Monte or its duly appointed successor agency.
O. “Public Works Director” or “Director” means the Public Works and Utilities Director of the City of El Monte, or the Public Works Director’s designee. When used in the context of applications related to wireless facilities in the public right-of-way, the Director refers to the Public Works Director.
P. “RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.
Q. “Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
R. “site” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
S. “substantial change” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC’s criteria and thresholds for a substantial change according to the wireless facility type and location. 1. For towers outside the public rights-of-way, a substantial change occurs
when: a. the proposed collocation or modification increases the height of the
tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet (whichever is greater); or
b. the proposed collocation or modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than 20 feet or more than the width of the tower structure at the level of the appurtenance (whichever is greater); or
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c. the proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
d. the proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
2. For towers in the public rights-of-way and for all base stations, a substantial change occurs when: a. the proposed collocation or modification increases the height of the
structure by more than 10% or more than 10 feet (whichever is greater); or
b. the proposed collocation or modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet; or
c. the proposed collocation or modification involves the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure; or
d. the proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are more than ten percent (10%) larger in height or volume than any other ground cabinets associated with the structure; or
e. the proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
3. In addition, for all towers and base stations wherever located, a substantial change occurs when: a. the proposed collocation or modification would defeat the existing
concealment elements of the support structure; or b. the proposed collocation or modification violates a prior condition of
approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in 47 C.F.R. § 1.40001(b)(7)(i)-(iv).
T. “tower” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees and lattice towers.
U. “transmission equipment” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless
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communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
V. “wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
17.83.030 APPLICABILITY This Section 17.83.030 applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409. However, the applicant may voluntarily elect to seek a conditional use permit or administrative wireless permit under Chapter 17.82 (New and Substantially Changed Wireless Facilities). 17.83.040 APPROVALS REQUIRED A. Section 6409 Approval. Any request to collocate, replace or remove transmission
equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409 shall require an administrative approval in such form determined by the Director consistent with all valid and enforceable terms and conditions of the underlying use permit or other prior regulatory authorization for the tower or base station (each amendment a “section 6409 approval”). Each section 6409 approval shall be subject to the approval authority’s approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this Chapter.
B. Other Permits and Regulatory Approvals. No collocation or modification approved pursuant to this Chapter may occur unless the applicant also obtains all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any section 6409 approval granted under this Chapter shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.
17.83.050 APPLICATION REQUIREMENTS A. Application Required. The approval authority shall not approve any request for a
collocation or modification submitted for approval pursuant to Section 6409 except upon a duly filed application consistent with this Section 17.83.050 and any other written rules the City or the Director may establish from time to time in any publicly-stated format.
B. Application Content. All applications for a section 6409 approval must include all the content, information and materials required by the Director. The City Council
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authorizes the Director to develop, publish and from time-to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing requests for section 6409 approvals. However, the Director may not require documentation proving the need or presenting the business case for the proposed modification. The City Council further authorizes the Director to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice.
C. Procedures for a Duly Filed Application. Any application for a section 6409 approval will not be considered duly filed unless submitted in accordance with the procedures in this Section 17.83.050(C). 1. Pre-Submittal Conference. Before application submittal, the applicant
must schedule and attend a pre-submittal conference with the Director for all proposed collocations or modifications to any concealed or camouflaged wireless tower or base station. Pre-submittal conferences for all other proposed collocations or modifications are strongly encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, including whether the project qualifies for approval pursuant to Section 6409 or not; any latent issues in connection with the existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Planning Division or Public Works Department, as the case may be, shall use reasonable efforts to provide the applicant with an appointment within five (5) working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre-submittal conference.
2. Submittal Appointment. All applications must be submitted to the City at a pre-scheduled appointment with the Director. Applicants may submit up to 10 applications per appointment whenever feasible for City staff and not prejudicial to other applicants. The Director shall use reasonable efforts to provide the applicant with an appointment within five (5) working days after the Director receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed unless
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the applicant received a written exemption from the Director at a pre-submittal conference.
D. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this Chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Planning Division or Public Works Department, as the case may be, within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director may, in the Director’s discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.
E. Peer and Independent Consultant Review. 1. Authorization. The City Council authorizes the Director to, in the Director’s
discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Director in connection any permit application.
2. Scope. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include without limitation: (a) permit application completeness and/or accuracy; (b) pre-construction planned compliance with applicable regulations for human exposure to RF emissions; (c) post-construction actual compliance with applicable regulations for human exposure to RF emissions; (d) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the City’s discretion to review; and (e) any other issue identified by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with City staff and/or the applicant.
3. Consultant Fees; Deposit. Subject to applicable law, in the event that the Director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include without limitation any costs incurred by the independent consultant to attend and participate in any meetings or hearings. Before the independent consultant may perform any services, the applicant shall tender to the City a deposit in an amount equal to the estimated cost for the services to be provided, as determined by the Director until the City adopts the initial required deposit by fee schedule. The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. In the event that the deposit exceeds the total costs for consultant’s services, the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final
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inspection by the Building Official or his or her designee. In the event that the reasonable costs for the independent consultant’s services exceed the deposit, the Director shall invoice the applicant for the balance. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.
17.83.060 DECISIONS; APPEALS A. Administrative Review. The approval authority shall administratively review a
complete and duly filed application for a section 6409 approval, and may act on such application without prior notice or a public hearing.
B. Decision Notices. Within five (5) days after the approval authority acts on an application for a section 6409 approval or before the FCC Shot Clock expires (whichever occurs first), the approval authority shall send a written notice to the applicant. In the event that the approval authority denies the application, the written notice to the applicant must contain (1) the reasons for the decision; (2) a statement that denial will be without prejudice; and (3) instructions for how and when to file an appeal.
C. Required Findings for Approval. The approval authority may approve or conditionally approve an application any application for a section 6409 approval when the approval authority finds that the proposed project: 1. involves collocation, removal or replacement of transmission equipment on
an existing wireless tower or base station; and 2. does not substantially change the physical dimensions of the existing
wireless tower or base station. D. Criteria for Denial without Prejudice. Notwithstanding any other provision in this
Chapter, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a section 6409 approval when the approval authority finds that the proposed project: 1. does not meet the findings required in Section 17.83.060(C) (Required
Findings for Approval); 2. involves the replacement of the entire support structure; or 3. violates any legally enforceable law, regulation, rule, standard or permit
condition reasonably related to public health or safety. E. Conditional Approvals. Subject to any applicable limitations in federal or state
law, nothing in this Chapter is intended to limit the approval authority’s authority to conditionally approve an application for a section 6409 approval to protect and promote the public health and safety.
F. Appeals. Any applicant may appeal the approval authority’s written decision to deny without prejudice an application for section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within ten (10) calendar days from the approval authority’s written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals from the approval authority’s written decision to deny without prejudice an application for section 6409 approval. The City Manager shall review the application de novo;
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provided, however, that the City Manager’s decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Chapter and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
17.83.070 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all section 6409 approvals, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section 17.83.070. The approval authority (or the City Manager in the City Manager’s capacity as the appellate authority) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Chapter. A. Permit Term. The City’s grant or grant by operation of law of a section 6409
approval constitutes a federally-mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station, and will be regarded as a modification to the underlying approval for the subject tower or base station. The City’s grant or grant by operation of law of a section 6409 approval will not extend the permit term, if any, for any underlying permit or other underlying prior regulatory authorization. Accordingly, the term for a section 6409 approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station.
B. Compliance Obligations Due to Invalidation. In the event that any court of competent jurisdiction invalidates all or any portion of Section 6409 or any FCC rule that interprets Section 6409 such that federal law would not mandate approval for any section 6409 approval(s), such approval(s) shall automatically expire one (1) year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved section 6409 approvals or the Director grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the Director may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated section 6409 approval when it has obtained the applicable permit(s) or submitted an application for such permit(s) before the one-year period ends.
C. City’s Standing Reserved. The City’s grant or grant by operation of law of a section 6409 approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409 or any section 6409 approval.
D. Compliance with Approved Plans. Before the permittee submits any applications to the Building Division, the permittee must incorporate this section 6409 approval,
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all conditions associated with this section 6409 approval and the approved photo simulations into the project plans (the “Approved Plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans, as determined by the Director. Any material alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director’s prior review and approval. The Director may revoke the section 6409 approval if the Director finds that the requested alteration, modification or other change causes a substantial change as that term is defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended.
E. Build-Out Period. This section 6409 approval will automatically expire one (1) year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant one written extension up to one (1) year when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.
F. Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this section 6409 approval. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
G. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this section 6409 approval, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the El Monte Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the El Monte Municipal Code, any permit, any permit condition or any applicable law or regulation.
H. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s
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construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Undue or unnecessary adverse impacts shall not be interpreted to mean aesthetic impacts that may result from the City’s issuance of this section 6409 approval consistent with applicable law. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours authorized by the El Monte Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director or the Director’s designee may issue a stop work order for any activities that violates this condition.
I. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City’s officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City’s officers, officials, staff or other designee while any such inspection or emergency access occurs.
J. Permittee’s Contact Information. The permittee shall furnish the Director with accurate and up-to-date contact information to reach a live person responsible for the wireless facility, which includes without limitation a direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that the contact information changes.
K. Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed, shall defend, indemnify and hold harmless the City, City Council and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“Claims”) brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City’s approval of this section 6409 approval, and (2) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, or customers’ acts or omissions in connection with this section 6409 approval or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or
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permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this section 6409 approval, and that such indemnification obligations will survive the expiration or revocation of this section 6409 approval.
L. Performance Bond. Before the applicable City department issues any construction or encroachment permit, as applicable, in connection with this section 6409 approval, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the Director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. In addition, the Director may modify this condition to the extent reasonably necessary to comply with any reasonable requirements imposed by the permittee’s surety.
M. Recall to Approval Authority; Permit Revocation. This permit shall be subject to El Monte Municipal Code Section 17.24.100 (Revocation).
N. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City’s regular files will control over any conflicts between such City-controlled copies or records and the permittee’s electronic copies, and complete originals will control over all other copies in any form.
O. Undergrounded Utilities. In the event that other electric or communications utilities in the public right-of-way underground their facilities where the permittee’s wireless facility is located, and the permittee’s wireless facility is located in the public right-of-way, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the permittee’s sole cost and expense except as reimbursed pursuant to law.
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P. Electric Meter Removal. In the event that the electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure in the public right-of-way, the permittee on its own initiative and at its sole cost and expense shall apply to the City for the required encroachment and/or other ministerial permit(s) to remove the separate or ground-mounted electric meter and enclosure and restore the affected area to its original condition.
Q. Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City (collectively, “City Work”). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this permit. In the event that the Public Works Director determines that any City Work will require the permittee’s wireless facility located in the public right-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee’s wireless facility within a reasonable time after the Public Works Director’s notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee’s sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee’s wireless facility without prior notice to permittee when the Public Works Director determines that the City Work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs. In addition, the permittee shall indemnify, defend and hold the City, its agents, officers, officials, employees and volunteers harmless from and against any Claims in connection with rearranging or relocating the permittee’s facility, or turning on or off any water, oil, gas, electricity or other utility service in connection with the permittee’s facility.
R. Abandoned Wireless Facilities. The wireless facility authorized under this permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the wireless facility and all related improvements, and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the El Monte Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property
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owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities.
CITY OF EL MONTE PLANNING COMMISSION NOTICE OF PUBLIC HEARING
Hablamos Español favor de hablar con
Marcella Magdaleno (626) 258-8626
TO: All Interested Parties
FROM: City of El Monte Planning Division
TO BE CONSIDERED:
The Planning Commission will consider recommendation to the City Council of a Code Amendment/Ordinance amending Title 17 of the El Monte Municipal Code to establish updated standards and regulatory processes related to wireless communication facilities.
ENVIRONMENTAL DOCUMENTATION:
The proposed Code Amendment/Ordinance is exempt from CEQA pursuant to the State CEQA Guidelines Section 15061(b)(3) because the enabling Code Amendment/Ordinance does not have the potential for causing a significant effect on the environment as separate authorized activities under such Code Amendment/Ordinance shall have their own separate CEQA assessments.
PLACE OF HEARING:
The Planning Commission will hold a public hearing to receive testimony, orally and in writing, on the proposed Ordinance. The public hearing is scheduled for: Date: Tuesday, May 22, 2018 Time: 7:00 p.m. Place: El Monte City Hall – Council Chambers 11333 Valley Boulevard, El Monte, California
Persons wishing to comment on the proposed Ordinance may do so orally or in writing at the public hearing or in writing prior to the meeting date. Written comments shall be sent to Betty Donavanik, Senior Planner; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at [email protected]. If you challenge the decision of the City Planning Commission, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Commission at, or prior to, the public hearing. For further information regarding this application please contact Betty Donavanik, Senior Planner at (626) 258-8626 or [email protected] Monday through Thursday, except legal holidays, between the hours of 7:30 a.m. and 5:30 p.m. Published on: Thursday, May 10, 2018 City of El Monte Planning Commission
Marcella Magdaleno, Planning Commission Secretary
STAFF REPORT MAY 22, 2018 TO: CITY PLANNING COMMISSION FROM: JASON C. MIKAELIAN, AICP
INTERIM ECONOMIC DEVELOPMENT DIRECTOR BY: DAVID KIM ASSISTANT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 22-16 AND DESIGN
REVIEW NO. 08-16 (TIME EXTENSION) LOCATION: 10460-10488 HICKSON STREET APPLICANT / OC ENGINEERING IGNACIO CRESPO 7901 CROSSWAY DRIVE PICO RIVERA, CA 90660 PROPERTY OWNER: HICKSON INDUSTRIAL INVESTORS 7901 CROSSWAY DRIVE PICO RIVERA, CA 90660 RECOMMENDATION: APPROVE TIME EXTENSION FOR CONDITIONAL USE
PERMIT NO. 22-16 AND DESIGN REVIEW NO. 08-16
REQUEST / STAFF RECOMMENDATION On June 13, 2017, the Planning Commission adopted Resolution No. 3476 approving Conditional Use Permit (CUP) No. 22-16 and Design Review (DR) No. 08-16; and adopting a mitigated negative declaration to allow the construction of two (2) new industrial buildings totaling 93,096 square feet on a vacant 4.03 acre lot. The applicant is requesting a time extension of CUP No. 22-16 and DR No. 08-16 for an additional one (1) year (new expiration date: June 13, 2019). The project is currently under building plan-check review. Staff recommends Planning Commission approve the time extension for Conditional Use Permit No. 01-15 and Design Review No. 01-15 for one (1) additional year with the new expiration date of June 13, 2019. ATTACHMENTS:
A. Resolution No. 3476 B. Time Extension Request Letter from Applicant
