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PC RES 2005-014 P.C. RESOLUTION NO. 2 -14 RESOLUTION F THE PLANNING IS I F THE CITY OF RANCHO PALOS VERDEVERDES APPROVING ITI L USE PERMIT (CASE NO. 2 04-00503), THEREBY ALLOWING VERIZON T REPLACE TWO EQUIPMENT CI T T PROPERTYL T T 32201 FORRESTAL DRIVE. WHEREAS, on June 15, 2004, the City Council granted Verizon permission to submit a Conditional Use Permit application to allow the replacement of two equipment cabinets; and, WHEREAS, on September 20, 2004, the applicant submitted a Conditional Use Permit application requesting to replace two equipment cabinets within the existing 499 square foot equipment area. Staff completed the initial review of this application on October 15, 2004, at which time the application was deemed incomplete due to insufficient and missing information on the project plans. On January 19, 2005, the applicant submitted the remaining information needed to complete the application; and, WHEREAS, the Conditional Use Permit (Case No. ZON2004-00503) application was deemed complete by staff on February 2, 2005; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances Statement), Staff found no evidence that the Conditional Use Permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on March 8, 2005, at which time all interested parties were given opportunities to be heard and present evidence; and, NOW,THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1 n The approved project consists of the installation of two new equipment cabinets to service the existing Verizon communication system. Section 2. The Conditional Use Permit is warranted since the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks,walls, fences, landscaping and other features required by the Development Code or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. The two new proposed cabinets will be located within this existing equipment area, thus does not substantially expand the existing use. Section 3: The Conditional Use Permit is warranted since the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the use. Since Verizon currently has equipment cabinets on the site, the additional equipment cabinets will not generate additional vehicle trips. The surrounding streets are of sufficient capacity to accommodate the existing traffic. action 4a The Conditional Use Permit is warranted since in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. The equipment cabinets are not visible from the adjacent properties and do not create noise, as heard from the property line, thus not significantly impacting the use of other adjacent properties. Section5: The Conditional Use Permit is warranted since the proposed use is not contrary to the General Plan. It is a goal of the General Plan to ensure adequate communication services are provided to all residences,while maintaining the quality of the environment. The facility will meet this goal by increasing the capacity of the phone system. Section 6: The Conditional Use Permit is warranted since conditions regarding any of the requirements, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed. As noted in the following section (#7), this approval is subject to the conditions of approval, which are attached hereto and made a part hereof, and are necessary to protect the public health, safety and welfare. Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of these proceedings,the Planning Commission of the City of Rancho Palos Verdes hereby approves a Conditional Use Permit (Case No. ZON2004-00503), thereby approving the installation of two equipment cabinets, within an existing equipment area, subject to the conditions of approval, as contained in Exhibit"A", attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare. action 8e Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.76.020, and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than March 23, 2005. P.C. Resolution No. 2005-14 Page 2 of 5 PASSED, APPROVED AND ADOPTED this 8th day of March 2005, by the following vote: AYES: GERSTNER, MUELLER, KARP, PERESTAM, KNIGHT, TETREAULT NOES: NONE ABSTENTIONS: NONE ABSENT:NONE 'Paul Tetreault, Chairman Joel 'as, Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2005-14 Page 3 of 5 Exhibit "A" Conditions of Approval (Planning o ission Resolution No. 2005-14) Conditional Use Permit (Case No. ZON2004-00503) 1. This Conditional Use Permit(Case No. ZON2004-00503)allows Verizon to replace three existing equipment cabinets with two new upgraded equipment cabinets. The first new equipment cabinet is 9.6' x 3.8' and is 6' tall, and the second cabinet measures 4.5' x 2.1' and is 6.2' tall. 2. Approval of this Conditional Use Permit (Case No. ZON2004-00503) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. The applicant shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below. Failure to provide said written statement within ninety(90)days of the effective date of approval shall render this approval null and void. 4. The approval shall become null and void after one (1) year from the date of this approval unless the approved plans are submitted to the Building and Safety Division to initiate the"plan check" review process, pursuant to Section 17.86.070 of the City's Development Code. This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 5. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays. 7. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 8. The construction site, adjacent public and private properties shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, P.C. Resolution No. 2005-14 Page 4 of 5 appliances or other household fixtures. 9. In the event that a Planning requirement and a Building &Safety requirement are in conflict with one another, the stricter standard shall apply. 10. The applicant shall obtain all applicable permits required by the Building and Safety Division for the equipment cabinet. 11. This approval does not include the use or installation of a permanent back-up generator for the antenna support equipment. Any future request for a permanent back-up generator will require the approval of a revision to this Conditional Use Permit by the Planning Commission. However, the use of temporary back-up generator during emergencies or extended power outages is permitted, provided that the generator does not exceed 65 dBA, as measured from the closest adjacent property line. 12. Any maintenance lights within the equipment area shall be "downcast"fixtures and shall only be illuminated if emergency nighttime maintenance work is necessary. All routine maintenance and repair work shall occur during daylight hours. All exterior lighting shall conform to the provisions of Section 17.56.040 of the Rancho Palos Verdes Development Code. 13. The equipment cabinets shall not generate noise levels in excess of 65 dBA, as measured from all property lines of the subject property. Any additional sound attenuation measures to achieve this standard shall be the responsibility of the applicant, and shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. 14. Prior to the issuance of building permit final, planning staff shall inspect the site to ensure compliance with the approved project and the conditions of approval. 15. In order to screen the equipment, the applicant (Verizon) shall replace the existing chain link fence that encloses the lease area with an eight-foot tall chain link fence. Additionally, the applicant shall provide diagonal slating in the chain link fence. 16. Within seven days of issuance of building permit final, the temporary equipment trailer shall be removed from the site. This condition shall not be meant to preclude the use of temporary equipment trailers during emergencies or extended equipment outages. 17. The wood manhole cover for the equipment vault shall be replaced with a standard metal manhole cover. P.C. Resolution No. 2005-14 Page 5 of 5