PC RES 2005-020 P.C. RESOLUTION NO. 2005-20
RESOLUTION THE PLANNING COMMISSIONF THE CITY OF
RANCHO PALOS VERDES APPROVING CONDITIONAL PERMIT
(CASE NO. Z 2004-00320) ALLOWING THE INSTALLATION OF
FLIP ANTENNA THE TWO-STORY CITY HALL AINI T TI
BUILDING, FOR PROPERTY LOCATED T 30940 HAWTHORNE
BOULEVARD.
WHEREAS, on May 18, 2004, the City Council granted California Water Services
(hereinafter referred to as Cal Water) permission to submit a Conditional Use Permit
application to allow the installation of a whip antenna on the two-story city hall building;
and,
WHEREAS, on June 23, 2004, the applicant submitted a Conditional Use Permit
application requesting to install the whip antenna. Staff completed the initial review of this
application on July 21, 2004, at which time the application was deemed incomplete. On
March 3, 2005, the applicant submitted the remaining information to the City that was
required in order to complete the application; and,
WHEREAS, the Conditional Use Permit application was deemed complete by staff
on March 7, 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 April 12, 2005,which was continued without taking public comments to April 26,
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 HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1 The approved project consists of the installation of a whip antenna on
the west side of the two-story city hall administrative building. Additionally, the approved
project allows the related support equipment to be mounted on west side of the building.
Section 2A 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. By mounting the antenna to the building,the proposed project will not alter
or otherwise impact the existing yards, setbacks, walls, fences, and/or landscaping of the
subject site.
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 the antenna is unmanned,only minimal vehicle trips will
be generated for maintenance and repairs. The surrounding streets are of sufficient
capacity to accommodate this negligible increase.
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. Due to topographical changes in the area, the narrow
diameter of the antenna, and the distance between the antenna and surrounding
properties, the whip antenna is barely visible to the naked eye, as viewed from the
surrounding properties. Furthermore, the use of the existing building negates the need to
construct a new tower in the area. Finally, Federal Law requires that the applicant operate
and maintain the antennas within FCC guidelines,thus not significantly impacting the use
of other adjacent properties.
action 5® The Conditional Use Permit is warranted since the proposed use is not
contrary to the General Plan. The General Plan states, "it is a goal of the City to ensure
adequate public utilities and communication services to all residences, while maintaining
the quality of the environment." The proposed antennas is to allow California Water
Services, the local water utility, to better communicate with their field units, thus provide
better services to the residents, while utilizing a design that does not have a significant
impact to the adjacent properties.
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 the Conditional Use
Permit(Case No.ZON2004-00320),thereby allowing the installation of a whip antenna on
the west side of the two-story city hall administrative building, subject to the conditions of
P.C. Resolution No. 2005-20
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approval, as contained in Exhibit "A", attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare.
Section & 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 May 11, 2005.
PASSED, APPROVED AND ADOPTED this 26th
day of April 2005, by the following vote:
AYES: GERSTNER, GOLIDA, KNIGHT, TETREAULT
NOES: NONE
ABSTENTIONS: NONE
ABSENT: KARP, KNIGHT, PERESTAM
Paul Tetreault,
Chairman
Jo I R�jas, AIC
recto of Pla ning, wilding and Code Enforcement; and,
I pl)�
I
Jo
ry to th Pla ing Commission
P.C. Resolution No. 2005-20
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Exhibit "A"
Conditions of Approval
(Planning om ission Resolution No. 2005-20)
Conditional Use Permit (Case No. Z 20 4® 0320)
1. This Conditional Use Permit allows the installation of an 11' long whip antenna on
the west side of the two-story city hall administrative building. Additionally, this
Conditional Use Permit allows the installation of an equipment cabinet adjacent to
the west side of the building.
2. Approval of this Conditional Use Permit 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/property owner 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,
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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. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
11. The antenna shall not extend 8' above the existing building and shall have a
maximum height of 30', as measured from the adjacent grade. Furthermore, the
antenna shall have a maximum diameter of 2".
12. The equipment cabinet shall measure 2' wide, 1'-8" deep, and 5'-2" tall.
13. 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 for the antenna support equipment will require the approval of a
conditional use permit revision 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.
14. Prior to the issuance of building permits, California Water Services shall enter
into a lease agreement with the City of Rancho Palos Verdes.
15. The support equipment 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.
16, This Conditional Use Permit shall expire ten (10) years after its approval date; at
such time, the wireless antennas and all related equipment shall be removed from
the site. However, the Planning Commission shall grant an extension to the
Conditional Use Permit provided the service provider demonstrates that the
antennas and related equipment are not using obsolete technology and are still in
use.
17. The antenna shall solely be used for communication among the employees of
California Water Services within their scope of work.
18. 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.
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