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PC RES 2005-032 P.C. RESOLUTION NO. 2005® RESOLUTION F THE PLANNINGCOMMISSION F THE CITY OF RANCHOL VERDES APPROVING, WITH CONDITIONS, A CONDITIONAL PERMIT (CASE NO. Z 2005-00114) ALLOWING TWO CELLULART S (TO BE MOUNTEDTO THE FAQADE OF THE EXISTING BUILDING, FOR PROPERTY LOCATED AT 26231 SILVER SPUR ROAD. WHEREAS, on March 10, 2005, the applicant submitted a Conditional Use Permit application requesting to construct two cellular panel antennas to the side of an existing building. Staff completed the initial review of this application on April 8,2005, at which time the application was deemed incomplete due to insufficient and missing information on the project plans. On April 25, 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 May 24, 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 July 12, 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 two cellular panel antennas to the side of an existing building. Additionally, the approved project allows the related support equipment to be adjacent to a retaining wall between the parking lot and sanctuary building. 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. By fagade mounting the equipment, 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 cellular antennas are unmanned, only minimal vehicle trips will be generated for maintenance and repairs. The surrounding streets are of sufficient capacity to accommodate this negligible increase. Section 4: 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 use of a faux wall that matches the existing building to disguise the antennas is harmonious with the aesthetics of the surrounding residential 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. 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 cellular communication system, while utilizing a design that aesthetically complements the neighborhood. Section 6® The Conditional Use Permit is warranted since if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of the Municipal Code, the proposed use complies with all applicable requirements of that chapter. The subject site is not located within any overlay control districts, as established by Chapter 17.40, of the Municipal Code Section 7: 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 (#8), 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 8e 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. ZON2005-00114), thereby approving two cellular antennas to be mounted on the fagade of the existing building, and the related support equipment to be adjacent to a retaining wall between the parking lot and sanctuary building, subject to the P.C. Resolution No. 2005-32 Page 2of6 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. Section 9: 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 July 27, 2005 PASSED, APPROVED AND ADOPTED this 12th day of July 2005, by the following vote: AYES: GOLIDA, KARP, KNIGHT, PERESTAM, TETREAULT NOES:NONE ABSTENTIONS: NONE ABSENT: GERSTNER, MUELLER Paul Tetreault, Chairman Jo 1 R jas, AIC� Di Jo rof Plan %, Building and Code Enforcement; and, c S cr ary to the Planning Commission P.C. Resolution No. 2005-32 Page 3 of 6 Exhibit "A" Conditions of Approval (Planning o ission Resolution No. 2005-32) Conditional Use Permit (Case No. Z 005-00114) 1. The Conditional Use Permit allows the installation of two cellular antennas on the southern fagade of the existing sanctuary building, facing the Silver Spur Road. Additionally, equipment cabinets are approved to be located adjacent to a retaining wall between the parking lot and sanctuary 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, appliances or other household fixtures. P.C. Resolution No. 2005-32 Page 4 of 6 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 antennas shall be located behind a faux wall, as noted on the plans stamped, and dated the effective date of this approval, approved by the Planning Commission. 12. The faux wall and cable trays shall be textured and painted to match the existing building. 13. Prior to the issuance of buildingpermits, the applicant (Sprint PCS) and the property owner shall submit a letter, which states that they agree to cooperate in possible future co-location of additional PCS and other wireless communications facilities on this building. Under the terms of this agreement, the applicant and landowner shall be obligated to: a) Respond in a timely, comprehensive manner to a request of information from a potential shared-use applicant; and b) Negotiate in good faith for shared use by third parties. 14. The wires and cables to the antenna panels shall not be exposed. 15. 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 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. 16. Any exterior 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. 17. 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. P.C. Resolution No. 2005-32 Page 5 of 6 18. The applicant shall submit updates on wireless communications technology to the Director of Planning, Building, and Code Enforcement every five years, or as needed as determined by the Director. The purpose of these updates is to identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure could be replaced or removed. Additionally, Sprint PCS shall keep on file with the City the name, address, and phone number of a contact person for said updates. The contact information shall be filed with the Director of Planning, Building and Code Enforcement prior to the issuance of building permits. 19. This Conditional Use Permits all expire ten (10)years after its approval date; t 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. 20. 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. P.C. Resolution No. 2005-32 Page 6 of 6