PC RES 2006-040 P.C. RESOLUTION NO. 2 -4
RESOLUTION OF
L Tl THE PLANNING COMMISSION F THE CITY OF
RANCHOPALPALOS VERDES APPROVING, WITH CONDITIONS,
CONDITIONAL U MIT (CASE NO. ZON 2005-00508) ALLOWING
TWELVE (1 ) CELLULAR ANTENNAPANELS POSITIONED HI
THREE (3) RF SCREENS TO BE MOUNTED TO THE FAQADE OF THE
EXISTING BUIL 1 LOCATED T 29000 S. WESTERNAVENUE.
WHEREAS, on September 28, 2005, the applicant submitted a Conditional Use
Permit application requesting to construct twelve cellular panel antennas to the located on
the sides of an existing building. Staff completed the initial review of this application on
January 9, 2006, at which time the application was deemed incomplete due to insufficient
and missing information on the project plans. On June 15, 2006, 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 June 20, 2006; 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 August 8, 2006, 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 The approved project consists of the installation of eight (8) wireless
panel antennas positioned behind two (2) RF screen enclosures mounted to the northern
and northwestern fagade of the office building and the installation of four(4)wireless panel
antennas positioned behind a RF screen wall at the southeastern portion of rooftop metal
screen wall. In addition, the approved project allows supportive equipment to be located
behind the existing parapet screen wall.
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 antennae panels and located related equipment
behind the existing parapet wall, 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. Western Avenue has the
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 architecturally designed RF enclosures and the faux wall
used to disguise the antennas will match the existing building and existing metal screen
wall and is harmonious with the aesthetics of the existing office building. 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.
Section 5: 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 existing
office structure and surrounding commercial buildings.
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 (No. 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 8, 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
P.C. Resolution No. 2006-40
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Comrinission of the City of Rancho Palos Verdes hereby approves the Conditional Use
Permit (Case No. ZON2005-00508), thereby approving eight (8)wireless panel antennas
positioned behind two (2) RF screen enclosures mounted to the northern and northwestern
fagad of the office building and the installation of four (4) wireless panel antennas
positi:ned behind a RIF screen wall at the southeastern portion of rooftop metal screen
wall, and the related support equipment to be located behind the metal parapet screen
wall, 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.
Section 9: Pursuant to 17.80.070 of the Rancho Palos Verdes Municipal Code,
any interested person may file an appeal of a Planning Commission's decision to the City
Council; provided, the appeal is filed in writing within fifteen calendar days after final action
by the Planning Commission and the appropriate fee. Any appeal request must be filed
with the City, in writing, and with the appropriate appeal fee of $1, 081, no later than
August 23, 2006. The appeal shall set forth the grounds for appeal and any specific action
being requested by the appellant. The Planning Commission's decision is final if no appeal
is filed within fifteen calendar days of August 8, 2006.
PASSED, APPROVED AND ADOPTED this 8th day of August 2006, by the following vote:
AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg ,and Tetreault,
Vice Chairman Gerstner and Chairman Knight.
NOES: none
ABSTENTIONS: none
ABSENT: none
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airman
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Dircto of Plan in Building and Code Enforcement; and
SecVrary to the lanning Commission
P.C. Resolution No. 2006-40
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2006-40)
Conditional Use Permit (Case No. -00508)
1. 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.
2. The Conditional Use Permit allows the installation of eight (8) wireless panel
antennas positioned behind two (2) RF screen enclosures mounted to the northern
and northwestern fagade of the office building and the installation of four (4)
wireless panel antennas positioned behind a RF screen wall at the southeastern
portion of a rooftop metal screen wall. In addition, the approved project allows
supportive equipment to be located behind the existing parapet screen wall.
3. 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.
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
P.C. Resolution No. 2006-40
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Y
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.
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 RF screens, as noted on the plans stamped,
and dated the effective date of this approval, approved by the Planning
Commission.
12. The RF screen enclosures shall be consistent with the exterior texture and the color
of the building wall where they are located, and shall be maintained so as to
continue to match the building wall in the future.
13. The RF screen wall incorporated into the parapet metal screen wall shall match the
corrugated metal screen wall appearance.
14. The new panel antennas and RF screen enclosures shall not exceed the height of
the building structure where they are mounted, and the RF screen wall including the
supportive cabinets shall not exceed the height of the existing metal parapet screen
wall.
15. The wires and cables to the antenna panels shall not be exposed.
16. 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.
17. 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.
P.C. Resolution No. 2006-40
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18. 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.
19. 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,
Cingular Wireless 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.
20. 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.
21. 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. 2006-40
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