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PC RES 2008-039 P.C. RESOLUTION NO. 200 -3 RESOLUTION F THE PLANNINGCOMMISSION THE CITY OF RANCHO PALPALOS VERDES DITI LL APPROVING VISIO 'C'T N ITIONAL USE PERMIT 192 (PLANNING . Z 08-00211) FOR AN ABOVEGROUNDEMERGENCY IE EL GENERATOR VERIZON WIRELESSANTENNAE ON THE EXISTING MONOPOLEAT THE CALIFORNIA T SERVICE COMPANY I T CE FACILITY, LOCATED AT 5837 CREST ROAD WHEREAS, on January 14, 1997, the Planning Commission approved Conditional Use Permit No. 192 (CUP 192) for the installation of a monopole for Pacific Bell Mobile Services (PBMS) and California Water Service Company (CalWater) antennae on the subject property; and, WHEREAS, on December 9, 1997, Revision `A' to CUP 192 was approved by the Planning Commission for the co-location of Sprint PCS antennae on the monopole; and, WHEREAS, on February 22, 2000, Revision 'B' to CUP 192 was approved by the Planning Commission to relocate the monopole on the site and to add more antennae for Airtouch Cellular(formerly PBMS),which was subsequently acquired by Verizon Wireless; and, WHEREAS, on April 18, 2008, the applicant, Milestone Wireless (representing Verizon Wireless), submitted an application for Planning Case No. ZON2008-00211 for Revision 'C' to CUP 192 to allow the installation of an aboveground emergency diesel generator for the Verizon Wireless antennae on the existing monopole; and, WHEREAS, on September 2, 2008, the application for Planning Case No. ZON2008-00211 was deemed complete by Staff; 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 approval of the requested conditional use permit revision would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301(b)); 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 October 30, 2008, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the requested conditional use permit revision to allow the installation of an aboveground emergency diesel generator for the Verizon Wireless antennae on the existing monopole at California Water Service Company's maintenance facility: A. The site is adequate in size and shape to accommodate said use and for all of the yards, setbacks,walls or fences, landscaping and otherfeatures required by Title 17 "Zoning" or by conditions imposed under Section 17.60.050 to adjust said use to those on abutting land and within the neighborhood. The proposed generator and enclosure will occupy approximately ninety-six square feet (96 SF) of the 39,200- square-foot lot. The generator enclosure will not exceed the 12-foot height limit for accessory structures in the RS-4 zoning district, nor will it encroach upon any of the required setback areas. It will be located seventy feet (70'-0") from the nearest property line of any abutting residential property, and two hundred sixty-six feet (266'-0") from the public right-of-way of Scotwood Drive. 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. Access to the project site is provided from Scotwood Drive and from Crest Road. Scotwood Drive is identified in the Rancho Palos Verdes General Plan as a local roadway and Crest Road is an arterial highway, both of which are capable of accommodating the types of Verizon service vehicles likely to visit the site (i.e., vans, trucks, etc.). Although Verizon personnel will periodically visit the site to service and fuel the generator and existing antennae, there is no evidence that this would constitute a significant increase in vehicular trips to and from the site. As such, the project will not result in any significant change to the existing traffic in the immediate neighborhood or along Crest Road. 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. The proposed project only involves the placement of an emergency generator on the site of an existing commercial antenna monopole. Aside from necessary operation during power outages, the generator will only be tested once a month for one (1) hour during daylight hours. The generator includes a soundproof enclosure and will be screened from view from surrounding properties by existing fencing and foliage. The applicant has already obtained Fire Department approval for the installation of the proposed generator. D. The proposed use is not contrary to the General Plan. The project site is designated Infrastructure Facility in the General Plan. This land use designation is primarily intended to accommodate the development of public utility infrastructure. The existing CalWater facility and commercial antenna monopole are consistent with this land use designation. The addition of the proposed emergency generator P.C. Resolution No. 2008-39 Page 2 of 7 does not change the overall land use for the site, and is clearly subordinate to the primary use of the property as a CalWater maintenance facility. Infrastructure Policy No. 8 of the General Plan "[requires] adequate landscaping or buffering techniques for all new and existing facilities and networks, in order to reduce the visual impact of many infrastructure facilities and networks"(p. 138). The generator will be installed and operated in a manner that ensures that it blends harmoniously with land uses on the subject property and adjacent properties. E. The required finding that, if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts)of Title 17 "Zoning", 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 Chapter 17.40 of the Development Code. F. Conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed (including but not limited to): setbacks and buffers; fences or walls; lighting; vehicular ingress and egress; noise, vibration, odors and similar emissions; landscaping; maintenance of structures, grounds or signs; service roads or alleys; and such 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 Title 17 "Zoning". Existing fencing and foliage will visually screen the proposed emergency generator. Conditions of approval will specify that testing of the generator may occur for only one (1) daylight hour per month so as to minimize noise and air quality impacts upon surrounding properties. The generator also incorporates a double-walled fuel tank and has been reviewed by the City's drainage consultant since it involves the outdoor storage of diesel fuel. The installation of the generator has already received final approval by the Fire Department. Section 2: 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, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate fee, no later than fifteen (15)days following October 30, 2008, the date of the Planning Commission's final action. Section 3: 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 conditionally approves Revision 'C' to Conditional Use Permit No. 192 (Planning Case No. ZON2008-0021 1) for an aboveground emergency diesel generator for Verizon wireless antennae on the existing monopole at the California Water Service Company maintenance facility, located at 5837 Crest Road, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2008-39 Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 30 th day of October 2008, by the following vote: AYES: Commissioners Gerstner, Knight, Ruttenberg, Tetreault and Tomblin, Vice Chairman Lewis and Chairman Perestam NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: none Step en Perestam Chairman Joel ja , AICP Direct Of Planninguuilding and Co W Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2008-_U Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2008-00211 (CalWater-Verizon, 5837 Crest Road) General Conditions: I Prior to the installation, connection and/or construction of the approved equipment and structures,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 contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified,all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for an aboveground emergency diesel generator with a 132-gallon fuel capacity for existing Verizon Wireless antennae on an existing monopole on the site of the existing California Water Service Company maintenance facility. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the 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 to the project shall require approval of a revision to the conditional use permit by the Planning Commission and shall require new and separate environmental review. 4. 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 RS-4 district development standards of the City's Municipal Code. 5. 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. 6. If the project has not been established (i.e., building permits issued by the appropriate permitting agency) within one year of the final effective date of this Resolution, or if construction has not commenced 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 Director. Otherwise, a conditional use permit revision must be approved priorto further development. P.C. Resolution No. 2008-39 Page 5 of 7 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department,the stricter standard shall apply. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the conceptual plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. Conditional Use Permit Conditions: 11. The applicant shall be responsible for implementation of all spill containment recommendations and best management practices (BMPs) established by the Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the City's NPDES consultant. The BMPs shall be included on the final plans approved by the Director of Planning, Building and Code Enforcement. 12. The generator shall incorporate a built-in soundproof enclosure. The enclosure shall provide sound attenuation to reduce noise levels from the generatorto 65 dBA at the nearest residential property line, subject to the review and approval of the Director of Planning, Building and Code Enforcement. Within ninety (90) days of the installation of the generator,the applicant shall providethe Directorwith a report prepared by an acoustic engineer demonstrating that the noise level of the generator does not exceed 65 dBA. 13. The generator may only be tested once per month for a maximum of one (1) hour during daylight hours. 14. The generator shall be equipment with a lockable valve or lock-box for the fuel tank drain pipe. P.C. Resolution No. 2008-39 Page 6 of 7 15. Unless otherwise modified by these conditions, all conditions of approval for Conditional Use Permit No. 192 and its Revisions`A' and 'B' remain in full force and effect. M:\Projects\ZON2008-00211 (CalWater-Verizon,5837 Crest Rd)\PC Resolution 2008-39.doc P.C. Resolution No. 2008-39 Page 7of7