PC RES 2006-007 P.C. RESOLUTION NO. 2006® 7
RESOLUTION F THE PLANNING I I
THE CITY OF RANCHOL VERDEVERDES APPROVING
CONDITIONAL USE PERMIT CASE NO. N2004-0 174
TO ALLOWTHE INSTALLATION OF T (2) 2'® " HIGH
DIRECTIONAL ATE A UNTE THE
EXISTING TIN 25' HIGH LIGHT STANDARD ADJACENT T
THE PARKING LOT ON THE NORTH END OF THE PARK,
RESULTING IN A 27'-8" HIGH STRUCTURE, AND ONE
(1) SUPPORT EQUIPMENT CABINET MEASURING
25" "XI8" ALONG THE ADJACENT SLOPE, ON
PROPERTY L AT T 30359 HA NE
BOULEVARD (ROBERT E. RYANCOMMUNITY )
WHEREAS, on April 8, 2004, the applicant, AFL Telecommunications for
Cingular Wireless, submitted a Conditional Use Permit Case application No. ZON2004-
00174 and associated Environmental Assessment to replace the existing light standard
with a 35' high telecommunication antennae and a support equipment cabinet; and,
WHEREAS, on May 7, 2004, the application for Case No. ZON2004-00174 was
deemed incomplete by Staff; and,
WHEREAS, on April 25, 2005, the City received a letter reflecting the ownership
of the project antennae had been transferred to T-Mobile; and,
WHEREAS, on December 13, 2005, Trillium Telecom Services for T-Mobile
submitted a Conditional Use Permit application and associated Environmental
Assessment to construct two (2) 2'-8" high directional antennae mounted on the existing
25' high light standard and one (1) support cabinet; and,
WHEREAS, on January 9, 2006, the application for the Case No. ZON2004-
00174 was deemed incomplete by Staff; and,
WHEREAS, on January 25, 2006, after receiving additional information and
verifying the mock-up of the antennae on the existing light standard, the application was
.deemed generally complete for processing; 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 Regulation, 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 Conditional Use Permit Case
No. ZON2004-00174 and associated Environmental Assessment would have a
R.C. Resolution No. 2006-7
Page 1 of
significant effect on the environment and, therefore, the proposed project has been
found to be categorically exempt (Class 1, Section 15301); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on February 14, 2006, at which time all interested parties were given an
opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission hereby makes the following findings of
fact with respect to the application for Conditional Use Permit Case No. ZON2004-
00174 for the installation of two (2) 2'-8" high antennae mounted on the existing 25' high
light standard and related equipment cabinet:
A. 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 to integrate said use with those on
adjacent land and within the neighborhood because the proposed
project complies with the City's development standards for
commercial antennae installation; the proposed antennae and
support equipment do not encroach into any required setback areas
or exceed the height 100 feet for an unguyed tower; there is
adequate off-street parking to meet the requirement for two (2) off-
street parking spaces for maintenance and service vehicles; and
the antennae do not require special markings or lighting to comply
with Federal Aviation Administration (FAA) requirements.
B. The site for the proposed use relates to streets and highways
sufficient to carry the type and quantity of traffic generated by the
subject use because the subject property is served by Hawthorne
Boulevard and Dupre Drive, which are public streets that are fully
improved with curbs and sidewalks; and the only traffic expected to
result from the proposed project is an occasional service vehicle for
T-Mobile at nights every few weeks for maintenance.
C. In approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use
thereof because the proposed project involves only minor physical
modifications to the existing site; the support equipment would not
generate any significant noise and the painting of the antennae to
P.C. Resolution No. 2006-7
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match the color of the existing light standard would minimize its
visual impacts. In regards to radio frequency emissions, the City is
prohibited from "[regulating] the placement, construction, and
modification of personal wireless service facilities on the basis of
the environmental effects of radio frequency emissions to the extent
that such facilities comply with the [Federal Communications]
Commission's regulations concerning such emissions," pursuant to
the Telecommunications Act of 1996.
D. The proposed use is not contrary to the General Plan because the
subject property is designated Open Space Recreational, which
states that "[recreational] uses are those areas held by public
agencies and developed or proposed for development for active or
passive recreational activity... additional recreational land may be
designated after more specific study is made of subcommunity
needs"; and the implementation of screening techniques (i.e.,
painting the antennae to match the existing light standard color,
locating the support equipment in an enclosure on the adjacent
slope is consistent General Plan goals and policies calling upon the
City to "ensure adequate public utilities and communications
services to all residents, while maintaining the quality of the
environment" and "[require] adequate landscaping or buffering
techniques for all new and existing facilities and networks, in order
to reduce the visual impacts of many infrastructure facilities and
networks."
E. The required finding that, if the site of the proposed use is within
any of the overlay control districts established by RPVDC Chapter
17.40 (Overlay Control Districts), the proposed use complies with
all applicable requirements of that chapter is not applicable
because the subject property is not located within any of the
overlay control districts established by RPVDC Chapter 17.40.
F. Conditions of approval, which the Planning Commission finds to be
necessary to protect the health, safety and general welfare, have
been imposed and include painting the proposed antennae to
match the color of the existing light standard in order to reduce their
visual impact, ensuring that the proposed antennae will not extend
higher than 100 feet to protect views from surrounding properties;
prohibiting the use of a back-up generator for auxiliary power so as
to avoid significant noise impacts; and limiting construction hours
the City's standard days and hours (i.e., 7:00 AM to 7:00 PM,
Monday through Saturday only).
P.C. Resolution No. 2006®7
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G. The required findings that no existing or planned tower can
accommodate the applicant's proposed antenna or proposed
service area, or that the proposed tower cannot be located on the
site of an existing or planned tower is not applicable because the
proposed project does not involve the construction or placement of
a new antenna tower.
Section ® The approval of Conditional Use Permit Case No. .ZON2004-00174
is consistent with the City's Wireless Communications Antenna Development
Guidelines.
Section 3: The approval of Conditional Use Permit Case No. ZON2004-00174
is consistent with the zoning and land use authority reserved to the City pursuant to the
Telecommunications Act of 1996.
Section 4m Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Sections 17.60.060 and
17.76.040(H) 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 fifteen
(15) days following February 1 , 2006, the date of the Planning Commission's final
action.
Section 5® For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional
Use Permit Case No. ZON2004-00174 thereby approving the installation of two (2) 2'-8"
high directional antennae on the existing 25' high light standard, resulting in a 27'-8"
high structure, and the installation of one (1) new support equipment cabinet measuring
25"x36"x18" along the adjacent slope by constructing a concrete pad, 7'-2" long and 4'-
6" wide, on property located at 30359 Hawthorne Boulevard, subject to the conditions
contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to
protect the public health, safety and welfare in the area.
P.C. Resolution No. 2006-
Page
00 -Page 4 of
PASSED, APPROVED, AND ADOPTED this 14t" day of February, 2006, by the
following vote:
AYES: Gerstner, Mueller, Tetreault, Knight, Karp, Perestan
NOES: none
ABSTENTIONS:-none
ABSENT: none
Paul Tetreault
Chairman
J9161 Rjas' Alcp
Drecor of Plannin , B Iding and
U,
Co'd-6 Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2006- 7
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Exhibit "A"
Conditions of Approval
Case No. ZON 2004-00174
(Conditional Use Permit)
GENERAL
1. Within ninety (90) days following adoption of this Resolution, the applicant
shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said statement shall render this approval null
and void.
2. The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved plans and any conditions of
approval if such modifications will achieve substantially the same results as
would strict compliance with the approved plans and conditions. Otherwise,
any substantive change shall require approval of an amendment to
Conditional Use Permit Case No. ZON2004-00174 by the Planning
Commission and shall require a new and separate environmental review.
3. All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the
OR (Open Space Recreational) district development standards of the City's
Municipal Code.
4. Failure to comply with and adhere to all of these conditions of approval may
be cause to revoke the approval of the project by the Planning Commission
after conducting a public hearing on the matter.
5. If the proposed facility has not been established (i.e. building permits
obtained) within one (1) year of the effective date of this resolution, or if
construction has not been completed within one hundred eighty (180) days of
the issuance of building permits, approval of the project shall expire and be of
no further effect unless, prior to expiration, a written request for extension is
filed with the Department of Planning, Building and Code Enforcement and
approved by the Planning Commission. Otherwise, a conditional use permit
revision must be approved prior to further development.
6. In the event that any of these conditions conflict with the recommendation
and/or requirements of another permitting agency or City Department, the
stricter standard shall apply.
7. Unless otherwise designated on these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped
with the effective date of this approval.
EXHIBIT 'A'
P.C. RESOLUTION NO. 2006- 7
Page I of 3
8. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No construction shall be permitted on Sundays or on legal
holidays.
CONDITIONAL USE PERMIT CASE NO. ZON2004-00174
9. This approval is for the installation of two (2) 2'-8" high antennae on the
existing 25' high light standard, resulting in a 27'-8" high structure. The
antennae shall be painted to match the color of the existing light standard.
10.The new support equipment cabinet measuring 25"x36"x18" shall be located
along the slope by constructing a concrete pad, 7'-2" long and 4-6" wide.
a. The concrete pad shall be barricaded on two sides with 3'-6" high
downsloping retaining walls. Applicant shall be required to obtain
appropriate building permit for said walls.
b. The support equipment shall be enclosed with a 3-6" high chain link
fence, connected to a 3'-6" high metal guardrail on either side of said
at-grade steps. A gate with locking capabilities with a "No
Trespassing" sign bearing the T-Mobile logo shall be installed.
c. The chain link fence shall be screened with nine (9)- five (5) gallons of
the drought-tolerant variety of rhaphiolepis indica ("Indian hawthorn")
shrubs.
11.The applicant shall place six (6) — 8"x8"x36" concrete steps with 24"x36"
landings in between for access steps to the enclosure location.
12.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.
13.The support equipment shall not generate noise levels in excess of 65 DBA,
as measured from the property line 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 signing of the lease agreement with the City, the applicant shall
establish a $1,000.00 trust deposit with the City to ensure that the antennae
EXHIBIT 'A'
P.C. RESOLUTION NO. 2006-7
Page 2 of 3
and the support equipment are installed in accordance to this approval.
Within thirty (30) days of installation of the antennae and the support
equipment, the applicant shall contact Staff so that Staff can perform
inspection of antennae and support equipment installation. The trust deposit
shall be returned to the applicant if Staff determines that the antennae and
the support equipment were installed correctly and/or the applicant performs
any corrective actions required by Staff to Staff's satisfaction.
15.This Conditional Use Permit shall expire ten (10) years after its approval date;
at such time, the wireless antennae 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 antennae and related equipment are not using obsolete
technology and are still in use.
EXH1 IT 'A'
Paco RESOLUTION NO. 2006-7
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