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PC RES 2011-040 P.C. RESOLUTION NO. 2011-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION (ZON2011-0 0277) TO ALLOW VERIZON WIRELESS TO INSTALL A DIESEL POWERED STAND-BY GENERATOR TO THE REAR OF A TWO-STORY ADMINISTRATIVE BUILDING AT THE CITY HALL PROPERTY LOCATED AT 30940 HAWTHORNE BLVD. WHEREAS, on January 11, 1994, the Planning Commission adopted resolution No. 94- 5, allowing Verizon Wireless to install eight, 24" x 12" antennas on an existing antenna tower on City Hall property; and, WHEREAS, August 26, 2009, the Community Development Director approved a minor modification allowing Verizon Wireless to replace a total of four existing 24" x 12" antennas with two 54" x 14.6" antennas and two 50.9" x 10.6" antennas in the same location; and, WHEREAS, on September 3, 2011, the Community Development Director approved a revision to the previously approved minor modification in 2009, allowing Verizon Wireless to install two additional 48.4" x 12.2" antennas on the existing antenna tower; and, WHEREAS, on September 30, 2011, Verizon Wireless submitted a new Conditional Use Permit Revision application requesting to install a diesel powered stand-by generator to the rear of a two-story administrative building at City Hall property; and, WHEREAS, on October 20, 2011, the application was deemed incomplete based on insufficient information; and, WHEREAS, on November 15, 2011, upon receiving additional information, the project was deemed complete; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2.1000 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), the Planning Commission found' no evidence that the Conditional. Use Permit Revision will 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 issued on November 21, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 13, 2011, 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: Approval of a Conditional Use Permit Revision to allow Verizon Wireless to install a diesel powered stand-by generator to the rear of a two-story administrative building at City Hall is warranted because: P.C. Resolution No. 201140 Page 1 of 6 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 this title (Title 17 — Zoning) or by conditions imposed under this section (RPVMC 17.60.050) to integrate said use with those on adjacent land and within the neighborhood because Verizon Wireless is proposing to install a stand-by generator in the same location as the City's old generator to power the existing commercial antennas on an existing monopole in times of power shortage. More specifically, the stand-by generator will be placed behind existing bollards on an existing concrete pad where an old City back-up generator used to be located. 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. More specifically, there will be no additional traffic generated by the proposed project because the proposed stand-by generator will be subject to the same routine maintenance as the existing Verizon Wireless commercial antennas, which occurs on a monthly basis. 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 will not be visible from surrounding properties and will be located in the same location as the City's old back-up generator. More specifically, the proposed generator is located behind an existing equipment container to the north and a two-story building to, the east and therefore will not be visible from any properties to the north or east of City Hall. Additionally, the proposed project will not be visible from the neighboring properties located to the west and south since they are located at least 100' lower in elevation than City Hall. D. 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, in order to reduce the visual impact of many infrastructure facilities and networks (infrastructure Policy No. 8)". More specifically, the proposed stand-by generator will ensure that communication services will be maintained in times of power shortages or emergencies. E. The site of the proposed use is not within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) 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 or 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 this title (Title 17 — Zoning), as described in the conditions of approval of the attached Exhibit 'A.' More specifically, the size and placement for the proposal are such that additional conditions are not necessary to reduce visual impacts. P.C. Resolution No. 2011-40 Page 2 of 6 Section 2: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 4:30 PM on Friday, January 6, 2012. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 4:30 PM on January 6, 2012. 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 a Conditional Use Permit Revision, allowing Verizon Wireless to install a diesel powered stand-by generator to the rear of a two-story administrative building at City Hall (Case No. ZON2011-00277). PASSED, APPROVED AND ADOPTED this 13" day of December 2011, by the following vote- AYES: Commissioners Gerstner, Lewis, Leon, Vice Chairman Tetreault, Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS: Commissioner Emenhiser ABSENT: None -­=———D7avid L. Tomblii�,—`� Chairman Joel R 'CP lt� Develop t Comm Rola lopn Uet Director; and, u Secreta he Planning Commission P.C. Resolution No. 201140 Page 3 of 5 EXHIBIT `A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2011-00277 (Verizon Wireless) 30940 Hawthorne Blvd. (City Hall) General Conditions: 1 All of the conditions contained in P.C. Resolution No. 94-5 and minor modifications approved by the Director on August 26, 2009 and September 3, 2009 are hereby superseded by the following conditions related to ZON2011-00277. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 the date of this approval shall render this approval null and void. 1 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. 4. The Community Development Director 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 by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86-070 of the City's Municipal Code within one year of the final effective date of this Resolution, approvalof the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 8. 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. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective P.C. Resolution No. 2011-40 Page 4 of 6 date of this Resolution. 10. 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. 11. 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 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 in this condition. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering, 13, All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners, Prosect-Specific Conditions: 14. This approval allows Verizon Wireless to install a diesel powered stand-by generator to the rear of a two-story administrative building at City Hall, 15. The applicant shall obtain applicable permits from the Building & Safety Division, Public Works Department and the Fire Department. 16. Verizon Wireless shall contact Mr, Siamak Motahad or his designee in the Pubic Works Department, at least two-weeks prior to conducting any work on City Hall property. 17. Any future changes to the following existing antennas on the monopole or related equipment shall require City approval: • Two 24"x12" panel antennas (approved per P,C, Resolution 94-5) • Two 54"x14.6" panel antennas (minor modification per Director, Aug. 26, 2009) • Two 50,9"x10,6" panel antennas (minor modification per Director, Aug, 26, 2009) • Two 48,4"x12.2" panel antennas (minor modification per Director, Sept. 3, 2009) 18. Verizon Wireless shall submit periodic updates on Wireless Communications Technology for their respective systems to the Community Development Director every five years, from the date of this approval. These updates shall identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure (i.e. antennae, monopoles, etc.) could be replaced or removed. P.C. Resolution No. 2011-40 Page 5 of 6 19. This approval shall terminate concurrently with the Ilease between the City and Verizon Wireless, Upon termination, the stand-by generator shall be removed at the same time as the antennas on the monopole, P.C. Resolution No. 2011-40 Page 6 of 6