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PC RES 2011-036 P.C. RESOLUTION NO. 2011-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION AND A VARIANCE REVISION (ZON2010-00262) TO ALLOW AT&T MOBILITY TO REPLACE THREE EXISTING ANTENNAS WITH NINE NEW ANTENNAS IN THE SAME GENERAL LOCATION ON AN EXISTING APARTMENT BUILDING AND INSTALL ADDITIONAL EQUIPMENT CABINETS IN AN EXPANDED LEASE AREA WITH A REDUCED 2'-6" STREETSIDE SETBACK AT 6507 OCEAN CREST DRIVE (VISTA CATALINA APARTMENTS). WHEREAS, on October 24, 2000, the Planning Commission approved Conditional Use Permit (CUP) No. 101 Revision B and Variance No. 478 for the co-location of two antennae panels and related equipment for AT&T Mobility. The CUP allowed one panel antenna mounted at the northeast corner of the building and one panel antenna mounted at the southeast corner of the building, located under the existing roof eaves. The Variance approval was for an equipment cabinet located along Hawthorne Boulevard with a reduced 2'-6" setback from the street side property line; and, WHEREAS, on October 14, 2008, the Planning Commission adopted Resolution No. 2008-36, thereby allowing AT&T Mobility to install an antenna panel behind a plastic screen that encases a stairwell penthouse on the roof top of the Vista Catalina apartment building (previously known as 'The Madison') and upgrade existing equipment cabinets; and, WHEREAS, on Setpember 15, 2011, AT&T Mobility submitted a Conditional Use Permit revision, requesting approval to replace three existing antennas with nine upgraded antennas in the same general location and add additional equipment within the expanded lease area; and, WHEREAS, on September 27, 2011, the project was deemed complete, 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), 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 October 17, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 22, 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; The proposed project is a request by AT&T Mobility to replace three existing antennas with nine upgraded antennas in the same general location. More specifically, one existing antenna is proposed to be replaced with three new antennas of the same size on P.C. Resolution No. 2011-36 Page 1 of 7 an existing stairwell penthouse on the roof top of the Vista Catalina apartment building. The three new antennas to each corner are proposed to be vertically stacked in the same location as the existing antennas and the existing plastic screens are proposed to be extended downward. Additionally, two new equipment cabinets are proposed in an expanded lease area, maintaining a reduced street-side setback of 2'-6". Section 2: Approval of a Conditional Use Permit revision to allow AT&T Mobility to replace three existing antennas with nine new antennas is warranted because: 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. More specifically, since the new replacement antennas will be located in the same general location as the existing antennas, the subject site is adequate in size and shape to accommodate the proposal. Additionally, the proposed antennas will be located behind extended plastic covers and on an existing penthouse that match the exterior color of the apartment building. Therefore, no additional conditions are necessary to further integrate the new antennas on the proposed location and with adjacent properties. 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 since any required service will be part of the current routine maintenance schedule for the existing AT&T Mobility antennas and related equipment on the subject property. 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 be disguised as part of the building behind color-matched plastic screens that will not be readily visible. 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)". 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 P.C. Resolution No. 2011-36 Page 2 of 7 the attached Exhibit 'A.' More specifically, the proposed antennas have been conditioned to be mounted in the same general location as existing antennas behind extended screens and on an existing penthouse that match the exterior color of the existing building. Additionally, the antenna related mechanical units will be located adjacent to existing mechanical units, fully screened behind existing shrubbery. Section 3: The proposed project is consistent with the Wireless Communications Antenna Development Guidelines adopted by the Planning Commission. More specifically, 1) the proposed application was processed expeditiously; 2) the proposed location is on an existing, non-single-family structure; 3) co-location is proposed; 4) view corridors are preserved; 5) public, private costs and benefits were balanced; 6) a network master plan was submitted; 7) photographic simulations were submitted and a full-scale mock-up was not required; 8) periodic updates on Wireless Communications Technology is required; 9) screening of support equipment and structure are proposed; and 10) a ten-year expiration to the Conditional Use Permit revision has been applied. Section 4: The proposed project is consistent with limitations on local zoning authority imposed by the Telecommunications Act of 1996. More specifically, the City's approval of this Conditional Use Permit Revision does not unreasonably discriminate among providers of functionally-equivalent services, or prohibit or have the effect of prohibiting the provision of personal wireless services; the City has acted upon this request within a reasonable period of time after the request was duly filed, considering its nature and scope; the decision to approve this permit has been made and supported by substantial evidence contained in a written record; and the City's conditional approval of this request has been made irrespective of any actual or perceived environmental effects attributable to radio frequency emissions, to the extent that the proposed project complies with the Federal Communications Commission's regulations concerning such emissions. Section 5: Approval of a Variance to allow additional equipment to be located in the street-side setback facing Hawthorne Blvd. with a reduced setback of 2'-6" is warranted because: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. More specifically, the subject site is completely built-out with no additional room for expansion with exception to a minimal amount of space around the perimeter of the existing buildings for minor accessory structures. The new equipment will be located immediately next to existing equipment along the street side facing Hawthorne, maintaining a reduced setback of 2'-6". B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. More specifically, it is not uncommon for antennas and related equipment to be located within a required setback due to the physical layout of a property. The subject site is fully built out with non-conforming setbacks on all sides. Given the physical limitations, the existing equipment was approved along the street side (Hawthorne (Blvd.) with a reduced setback of 2'-6". The new equipment will be located immediately next to the existing equipment, maintain the same setback of 2'-6". P.C. Resolution No. 2011-36 Page 3 of 7 C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located because there is no driveway approach leading to the equipment area and it will be fully screened behind existing shrubs. Given the location, the proposed mechanical units will not be readily accessible or visible. D. Granting the variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan, as discussed under Section 2D of this resolution. Section 6: 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 5!30 PM on Wednesday, December 7, 2011. 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 5:30 PM on December 7, 2011, Section 7, 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 and Variance revision for the replacement of three antennas with nine new antennas in the same general location on an existing apartment building and the installation of additional equipment within the expanded lease area at 6507 Ocean Crest Drive (Case No. ZOI\12010-00262), PASSED, APPROVED AND ADOPTED this 22nd day of November 2011, by the following vote: AYES: Commissioners Knight, Leon, Vice Chairman Tetreault, Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS, Commissioner Emenhiser ABSENT: Commissioners Gerstner, Lewis N`v-id=bmbI!n, Chairman Joelajf 'cp Com nit Develop enirector; and, Secret Athe Plan g Commission P.C. Resolution No. 2011-36 Page 4 of 7 EXHIBIT 'N CONDITIONS OF APPROVAL FOR CASE NO. ZON2010-00262 (AT&T MOBILITY) 6507 OCEAN CREST DRIVE (VISTA CATALINA APTS.) General Conditions: 1. All of the conditions contained in P.C. Resolution Nos. 2000-37, 98-08 and 96-21 are hereby superseded by the following conditions related to ZON201 1-00125. 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. 3. 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, 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 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 date of this Resolution. P.C. Resolution No. 2011-36 Page 5 of 7 10. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 11. 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. 12. 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. 13. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 14. 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. Project Specific Conditions: 15. This approval allows the following: a) The removal of three antennas; b) The installation of three 51" tall antennas on an existing encasement on a stairway penthouse located on the rooftop-, c) The installation of three 51" tall antenna panels vertically stacked on the building fagade, near the southeast corner beneath the roof eave; d) The installation of three 51" tall antenna panels vertically stacked on the building fagade, near the northeast corner beneath the roof eaves e) The installation of additional equipment in the expanded lease area behind existing shrubs. 16. The new antennas located on the stairway penthouse shall be painted to match the exterior color of the apartment building. 17. The new antennas located on the building fagade, near the southeast and northeast corner shall be fully screened behind plastic screens that match the exterior color of the apartment building. 18. The new equipment shall maintain a 2'-6" street-side setback (Hawthorne Blvd.) and fully screened with foliage. P.C. Resolution No. 2011-36 Page 6 of 7 19. The new GPS antennas and all other antenna related equipment, including but not limited to coax cables, lines and jumpers shall be configured and/or integrated to the building (i.e. painted to match the exterior color of the apartment building) to minimize visual impacts. 20. AT&T Mobility shall submit periodic updates on Wireless Communications Technology every five years, from the date of this approval, to be reviewed by the Community Development Director. 21. This approval shall be valid for a period of 10 years from the date of the City's final action, or until October 25, 2021. The applicant and/or its successor(s) interest may request an extension of this approval to the body taking final action, in writing and accompanied by the applicable fee, so long as such extension request is filed with the City on or before the date of expiration. P.C. Resolution No. 2011-36 Page 7 of 7