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PC RES 2006-053 P.C. RESOLUTION NO. 2006- 3 RESOLUTION F THE PLANNING I I F THE CITY OF RANCHO PALOSVERDEVERDES CONDITIONALLY APPROVING CASE NO. ZON2005-00393 FOR CONDITIONALPERMIT N . 190, REVISION , THEREBY ALLOWING THE CO-LOCATION OF TWELVE ADDITIONAL ANTENNA PANELSTHREE FAQADE ELEVATIONS OF THE EXISTING U L UBUILDING AT THE HILLS CEMETERY LOCATED T 27501 WESTERN AVENUE. WHEREAS, on June 25, 1996,the Planning Commission approved Conditional Use Permit No. 190, allowing the initial installation of a wireless facility consisting of four wall mounted antenna panels on the western and southern fagades of the Cloisters Mausoleum building located at the northeastern portion of the Green Hills Cemetery site; and, WHEREAS, on July 25, 2000,the Planning Commission approved Conditional Use Permit No. 190, Revision A, allowing the installation of two additional wall-mounted antenna panels on the eastern fagade of the Cloisters Mausoleum building; and, WHEREAS,on July 27,2005, Cingular Wireless submitted a Conditional Use Permit application (hereinafter referred to as Case No. ZON2005-00393) for twelve antenna panels on the Cloisters Mausoleum building at the Green Hills Cemetery site along with support equipment; and, WHEREAS, on August 24, 2005, Case No. ZON2005-00393 was deemed incomplete by Staff pending the submittal of additional information; and, WHEREAS, after the submittal of additional information required by Staff, including installation of full-scale mock-ups, Case No. ZON2005-00393 was deemed complete on September 13, 2006; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA`®), the States 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 Case No. ZON2005-00393 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301); and, WHEREAS, on October 10, 2006, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed public hearing to consider Case No. ZON2005-00393. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: P.C. Resolution No. 2006-53 Page 1 Section 1: The site is adequate in size and shape to accommodate said use and for all the features required by Title 17 and by conditions imposed to ensure that the proposal does not negatively impact abutting land uses and those within the neighborhood. The location of the proposed antenna panels will be mounted on the fagades of an existing building and will not require anew tower. Further, adequate parking for the antenna facility is provided in compliance with the minimum required; and screening for the antennae and equipment are provided by architecturally compatible RF screening and by foliage. Lastly, the antenna panels will not be readily visible from adjacent properties since the building is located over 400-feet from the closest residence and over 200-feet from the closest public right-of-way. Section 2a 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 site is served by Western Avenue,which is a State highway(SR 213)and is identified as a major arterial in the City's General Plan. The proposed use will generate negligible additional trips to and from the site, and there will be no adverse effect upon existing levels of service for abutting public streets or nearby intersections. action 3e There will be no significant adverse effect on adjacent property or the permitted use because the antennae will not increase the height of the building, the building and antennae are located over 400-feet from the closest residence and over 200- feet from the closest public right-of-way so that it is not readily visible, and adequate foliage exists to screen the project. Further, the cable tray and RF screening will contain finish material that is consistent with the existing material and color of the building. Lastly, the related mechanical equipment cabinet will be located underground and will not be readily visible. Section 4: The proposed use is not contrary to the General Plan because, as proposed and conditioned, the project implements goals and policies of the General Plan to "ensure adequate public utilities and communication 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"; and is consistent with the intent and purpose of the Commercial Antenna Section of the Development Code"...to minimize the need to construct new towers." Section 5: Conditions have been imposed to protect the health, safety and general welfare, which includes buffers and landscaping, maintenance of structures, and other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in the City's Development Code, as identified in Exhibit "A" hereto. Section 6: The proposed antenna facility is consistent with the Wireless Communications Antenna Development Guidelines adopted on June 24, 1997 and revised on October 26, 2004 by the Planning Commission since, the application is be processed P.C. Resolution No. 2006-53 Page 2 expeditiously, the proposal includes using an existing mausoleum building that is a non- residential structure accommodating co-locations, there is no view impairment and no significant adverse effects upon the public that would be disproportionate to the property owner's benefit from the proposal, and the facility is screened by the existing features of the site and by the remote location of the facility. Section 7- The City's review of Case No. ZO2005-00393 is consistent with the local zoning authority reserved to the City under the Telecommunications Act of 1996. Section : Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.60.060 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, which contain grounds of appeal and with the appropriate appeal fee, no later than fifteen (15) days following October 10, 2006, the date of the Planning Commission's action. Section e For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning Commission hereby approves Case No. ZON2005-00393, subject to the conditions of approval contained in the attached Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. PASSE®, APPROVE®, and ADOPTED this 10th day of October 2006 by the following roll call vote: AYES: Gerstner, Knight, Karp, Lewis, Perestam, Ruttenberg, Tetreault NOES: None ABSTENTIONS: None ABSENT: None JKChai4Wn Joe R 'as, A10P Dir ct of PI n ng, Building and Co nforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2006-53 Page__3 EXHIBITW CONDITIONS OF APPROVAL CASE NO. ZON2005-00393 (CONDITIONAL USE PERMIT) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check,the applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval. Failure to provide said written statement within ninety(90)days following the date of this approval shall render this approval null and void. 2. This approval is for twelve wall-mounted antenna panels on the Cloisters Mausoleum building and an underground equipment unit adjacent to the building. Specifically,four antenna panels are approved on the northern and southern fagades at the upper level portion of the mausoleum building. Further, four antenna panels are approved on the eastern fagade at the middle level portion of the mausoleum building. The underground equipment unit is approved west of the building. 3. This Conditional Use Permit shall expire ten (10) years after its approval date, on October 10, 2016; 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. 4. The applicant, or wireless carrier utilizing the antennae, shall submit updates on wireless communications technology for the antennae to the Director of Planning, Building and Code Enforcement, which identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure could be replaced or removed. Said information shall be submitted within 30-days of the fifth year of approval (by November 9, 2011). 5. The antenna panels shall be located under the existing roof eaves. No improvements or structures are allowed on the roof of the building. 6. The wall-mounted antenna panels along the northern and southern elevations shall be screened with foliage to the satisfaction of the Director of Planning, Building and Code Enforcement. 7. The power cables and conduits shall not be visible, and shall be enclosed within a cable chase of a color and material that is consistent with the existing mausoleum building. P.C. Resolution No. 2006-53 Page 4 8. The antenna panels along the eastern elevation shall be screened with RF screen materials of a color and material that is consistent with the existing mausoleum building. Further, the screen material shall run the height of the fagade to create an articulated fagade, consistent with the plans approved by the Planning Commission on October 10, 2006. 9. Although approval is granted for the installation of a power back-up cabinet,the power back-up shall not be used as a permanent source of power. Use of the power back-up equipment shall be limited to emergencies,extended power outages,or maintenance of the facility, and shall not exceed 65 decibels as measured from the closest adjacent property line. 10.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. 11.If the facility has not been established (i.e., plans submitted to Building and Safety for "plan check") within one year of the approval of this permit by the Planning Commission, the approval shall become null and void, unless 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. 12.The applicant shall obtain all required permits from the Building and Safety Division. 13.In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter shall apply. 14.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. These limitations also apply to maintenance of the facility. 15.Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 16.Prior to building permit issuance, the applicant and landowner shall agree, in writing, 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 for information from a potential shared-use applicant; and b) Negotiate in good faith for shared use by third parties. P.C. Resolution No. 2006-53 Page 5 Copies of said agreements shall be provided to the City prior to issuance of a building permit. 17.Prior to building permit final, Planning Staff shall verify that the cable tray used to screen the power cables and conduits for the antenna panels are mounted flush to the building fagade, and that the material and color of the cable tray is consistent with the color and material of the existing mausoleum building upon which the antennae are mounted. 18.Prior to building permit final, Planning Staff shall verify that the color and material of the RF screening for the antenna panels on the eastern elevation are consistent with the color and material of the existing mausoleum building upon which the antennae are mounted. 19.Prior to building permit final, Planning Staff shall verify that mature foliage is planted along the northern and southern elevations to screen the wall-mounted antenna panels, to the satisfaction of the Director of Planning, Building and Code Enforcement. Further, said foliage shall be trimmed and maintained to not exceed the height of the ridgeline of the mausoleum building. P.C. Resolution No. 2006-53 Page 6