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PC RES 2014-019 P.C. RESOLUTION NO. 2014-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION (ZON2013-00503) TO ALLOW VERIZON WIRELESS TO INSTALL A BACK-UP GENERATOR ON 57FT2 OF AREA WITHIN AN 8' TALL ENCLOSURE AT THE REAR OF THE PROPERTY LOCATED AT 6410 PALOS VERDES DRIVE SOUTH. WHEREAS, on April 29, 1997, the Planning Commission adopted P.C. Resolution No. 97-22, thereby allowing Pacific Bell Mobile Services (now known as AT&T) to install four panel antennas to the building fagades of the St. Peters by the Sea Church building and install related equipment cabinets at the ground level; and, WHEREAS, on September 14, 1999, the Planning Commission adopted P.C. Resolution No. 99-31, thereby allowing Nextel Communications (now known as Sprint) to erect a 35' tall monopole, designed as a cross, and install related equipment enclosed with retaining walls up to 7.1' in height (42yd3 of related grading). This approval included AirTouch Cellular (now known as Verizon) to co-locate their antennas on said monopole; and, WHEREAS, on December 10, 2013, Core Development Services, representing Verizon, submitted a Conditional Use Permit revision application, requesting to install a back-up generator for their antennas at the ground level; and, WHEREAS, after an initial review, the project was deemed incomplete on January 10, 2014 based on insufficient information. After a series of revised plans and submittal of additional information, the project was deemed complete on June 16, 2014; 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 proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, after notice issued on June 19, 2014, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 8, 2014, 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 Verizon Wireless to install a back-up generator to power the antennas in case the existing equipment were to fail. The new back-up generator is proposed to be located on a flat area immediately in front of the monopole, near the existing antenna equipment. The area dedicated for the back-up generator will be 64" in depth by 10'-8" in width, screened within an 8' tall enclosure (6' tall freestanding wall with a 2' wrought iron fence on top, covered by a wrought iron trellis). The enclosure itself is proposed to be further screened with landscaping. P.C. Resolution No. 2014-19 Page 1 of 6 Section 2: Approval of a Conditional Use Permit revision to allow Verizon Wireless to install a back-up generator within an 8' tall enclosure 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, the proposed project will be located on a 57ft2 of narrow unpaved area between an existing walkway and an existing monopole and therefore will not affect any existing structures or walkways. Additionally, the proposed project will be located to the rear of the property, at least 280' from the front, 80' from the rear, and 180' from the side property lines. Furthermore, the proposed back-up generator will be located within a new 8' tall enclosure. The enclosure will consist of a 6' tall solid stucco wall, painted to match the existing equipment enclosure, with a 2' tall wrought iron fence on top. A wrought iron trellis is proposed as a cover over the enclosure. Also, landscaping is proposed around the new walls to further screen the new walls. 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 Verizon 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. More specifically, the proposed project area will not be readily visible from any of the surrounding properties since the residential properties to the west are at least 180' away and screened by foliage along the shared side property line and the properties to the south are at least 85' away and more than 20' lower that the proposed project area. Additionally, the proposed project area will be located behind church buildings, and therefore will not visible from either the public right-of-way to the north or the residential properties to the east. Furthermore, the proposed back-up generator will only be in operation if the existing Verizon equipment fails and will be tested on a weekly basis for a period of 15-minutes. The maximum noise level for the back-up generator is 64dBA, which is what the Code allows within the required setbacks of properties. 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 back-up generator will ensure that communication services will be maintained in times of power outages or other emergencies. Additionally, as described in Section 2C above, there are no significant adverse visual or noise impacts resulting from the proposed project. P.C. Resolution No. 2014-19 Page 2 of 6 E. The site of the proposed use is consistent with the performance criteria of both the Socio-Cultural and Urban Appearance 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 proposed back-up generator will not visible from the public right-of-way and neighboring properties as it will be located within an enclosure that matches the exterior of the existing Verizon's equipment enclosure.and the new enclosure itself will be screened with shrubs. Section 3: 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, July 23, 2014. 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 July 23, 2014. Section 4: 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; thereby allowing Verizon Wireless to install a back-up generator within an 8' tall enclosure at 6410 Palos Verdes Drive South (Case No. ZON2013-00503). PASSED, APPROVED AND ADOPTED this 8th day of July 2014, by the following vote: AYES: Commissioners Gerstner, Jamps, Tomblin, Chairman Leon NOES: j4t?ne ABSTENTIONS: None RECUSALS: Commissioner Emenhiser ABSENT: Commissioners Cruikshank, Vice Chairman Ne n Gordon Leon, Chairman Joel Vni cP Comevelo ent Director; and, Secrhe Planning Commission P.C. Resolution No. 2014- 19 Page 3 of 5 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2013-00503 (Verizon) 6410 Palos Verdes Drive South General Conditions: 1. 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. 2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 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 commercial 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 P.C. Resolution No. 2014-19 Page 4 of 6 date of this Resolution. 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 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM on 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. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 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, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. Proiect Specific Conditions: 15. This approval allows the following: a) Installation of a back-up generator in front of an existing monopole; b) Construction of an 8' tall enclosure, consisting of a 6' tall freestanding wall with a 2' wrought iron fence on top, covered by a wrought iron trellis; c) Planting of shrubs around the new walls. 16. The new walls of the enclosure shall match the texture and color of the existing Verizon equipment enclosure. P.C. Resolution No. 2014-19 Page 5 of 6 17. The weekly testing of the back-up generator shall be limited to the permitted hours and days for construction activity, as described in condition no. 12 above. 18. Noise levels from the back-up generator shall not exceed 65dBA as measured from the closest property lines. P.C. Resolution No. 2014-19 Page 6 of 6