PC RES 2007-045 t
P.C. RESOLUTION NO. 2007-45
RESOLUTION F THE PLANNING COMMISSION OF THE CITY
F RANCHO PALOSVERDEVERDES APPROVING, WITIS CONDITIONS,
CONDITIONAL USE PERMIT ( S a N2007- 213)
ALLOWING TEL (1 ) CELLULAR ANTENNA PANELS AN
ONE GPS ANTENNA ITI E BEHIND SCREENS TO BE
MOUNTEDTO THE FAQADEF THE EXISTING IL !
LOCATED AT 29661 SOUTH WESTERNE®
WHEREAS, on May 15, 2007, the Applicant submitted a Conditional Use Permit
application requesting to construct twelve cellular panels and one GPS antennae on the
fapade of the Palos Verdes Retirement Villa Home; and,
WHEREAS, the Conditional Use Permit application was deemed complete by Staff on
May 25, 2007; 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 June 26, 2007, at which time all interested parties were given opportunities
to be heard and present evidence; and,
THEREFORE, THE PLANNING I I F THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The approved project consists of the installation of twelve (12) wireless panel
antennae mounted in three sectors on the south-, east-, and west-facing fagades of the
.building along with the installation of one (1) global positioning system (GPS) antennae
in the south-facing sector. In addition, the approved project shall include associated
electrical and communication equipment to be located in the covered parking garage of
the 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
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and within the neighborhood. By fagade mounting the antennae and providing
integrated screening that will exactly match the building's texture and color, 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 antennae are unmanned, only minimal vehicle trips will
be generated for maintenance and repairs. Palos Verdes Drive East 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 properties
or the permitted use thereof. The architecturally designed screening shall disguise the
antennae and will match the existing building's texture and color. Furthermore, the use
of the existing building to mount the antennae negates the need to construct a new
tower in the area. Finally, Federal Law requires that the Applicant operate and maintain
the antennae 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 building.
Section 6: The Conditional Use Permit is warranted as 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 Commission of the City of Rancho Palos Verdes hereby approves the
Conditional Use Permit (Case No. ZON2007-00213), thereby approving twelve (12)
wireless panel antennae on the south-, east-, and west-facing fagades of the building
along with the installation of one (1) global positioning system (GPS) antennae in the
south-facing sector, and installation of related electrical and communication equipment
subject to the conditions of approval, as contained in Exhibit "A", attached hereto and
P.C. Resolution 2007-45
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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 July 12, 2007. As the appeal period extends over the July 4t" holiday, an extra day
has been added to ensure a 15-day period. 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 by July 12, 2007.
PASSED, APPROVED AND ADOPTED this 26th day of June, by the following vote:
AYES: Chair Gerstner, Vice Chair Perestam, Commissioner Knight, Commissioner
Ruttenberg, Commissioner Karp, Commissioner Tetreault
NOES:
ABSTENTIONS:
ABSENT: Commissioner Lewis
6A(A-7
Bill Gerstner,
Chairman
Jojas, P
Di gcIr of Pv� ing, Building and Code Enforcement; and
ta
Se tary to the Planning Commission
P.C. Resolution 2007-
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Exhibit "A"
Conditions of Approval
Planning Commission Resolution No® 2 7-4a5
Conditional Use Permit (Case No. ZON2007-00213)
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 twelve (12) wireless panel
antennae on the south-, east-, and west-facing fagades of the building along with the
installation of one (1) global positioning system (GPS) antennae in the south-facing
sector, and installation of related electrical and communication within an existing room
on the first floor of the building.
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
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.
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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 antennae shall be located behind architecturally integrated screens as noted on
the plans stamped, and dated the effective date of this approval, approved by the
Planning Commission.
12. The architecturally integrated 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 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.
14. The wires and cables to the antennae panels shall not be exposed.
15. This approval does not include the use or installation of a permanent back-up
generator for the antennae 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. The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from inside and/or adjacent to the existing electrical room on the first floor of
the chapel building. 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.
17. 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.
18. 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
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Permit provided the service provider demonstrates that the antennae and related
equipment are not using obsolete technology and are still in use.
19. 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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