PC RES 2001-005P.C. RESOLUTION NO. 2001-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
AMENDMENT NO. 1 TO CONDITIONAL USE PERMIT
NO 191 -REVISION 'A', THEREBY APPROVING THE
RELOCATION OF FOUR (4) EXISTING ENHANCED
SPECIALIZED MOBILE RADIO (ESMR) PANEL ANTENNAE
FOR NEXTEL FROM THE NORTH SIDE OF THE STAIRWAY
PENTHOUSE ON THE ROOF OF THE OCEAN VIEW
APARTMENTS TO THE NORTH FACADE OF THE
BUILDING, LOCATED AT 6507 OCEAN CREST DRIVE
WHEREAS, on February 24, 1998, the Planning Commission adopted
P C Resolution No 98-08, approving the application by Nextel for Conditional Use Permit
No 191 -Revision 'A' to install eight (8) enhanced specialized mobile radio (ESMR) panel
antennae on the stairway penthouse of the Ocean View Apartments, and,
WHEREAS, subsequent to the installation of the Nextel panel antennae, Nextel
attempted to correct interference impacts with existing Pacific Bell Mobile Services (PBMS)
panel antennae on the elevator penthouse of the Ocean View Apartments by relocating one
of the Nextel ESMR antenna panels, but this action did not satisfactorily address the
interference impacts for either Nextel or PBMS, and,
WHEREAS, on February 2, 2001, the applicant, Nextel, submitted an application for
Amendment No 1 to Conditional Use Permit No 191 -Revision 'A' to allow the relocation
of four (4) ESMR panel antennae from the north side of the stairway penthouse to the north
fagade of the building, and,
WHEREAS, on February 23, 2001, the application for Amendment No 1 to
Conditional Use Permit No 191 -Revision 'A' 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 Amendment No 1 to Conditional Use Permit
No 191 -Revision 'A' would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt (Class 1, Section 15301), 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 April 10, 2001, 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 relocation of four (4) of the existing Nextel ESMR antenna panels
from the north side of the stairway penthouse to the north fagade of the building is
consistent with the original approval of Conditional Use Permit No. 191 -Revision 'A' and the
provisions of RPVDC Section 17.60.050 and 17.76.020, to wit -
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 other features required by this title
[Title 17 "Zoning"] or by conditions imposed under this section [Section 17 60 050]
to adjust said use to those on abutting land and within the neighborhood.
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.
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
D The proposed use is not contrary to the General Plan
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 this title [Title 17
"Zoning"], so there is no need to ensure that the proposed use complies with the
requirements of that chapter
F Conditions regarding any of the requirements listed in RPVDC Section
17 60 050(A)(6), 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 this title [Title 17 "Zoning"], as
described in the conditions of approval of the attached Exhibit 'A.'
Section 2: The relocation of four (4) of the existing Nextel ESMR antenna panels
from the north side of the stairway penthouse to the north fagade of the building is
consistent with the original approval of Conditional Use Permit No 191 -Revision 'A' and the
City's Wireless Communications Antenna Development Guidelines
Section 3: 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
P C Resolution No. 2001-05
Page 2 of 5
9
C]
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15) days following April 10, 2001, the
date of the Planning Commission's final action
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 approves Amendment No. 1 to
Conditional Use Permit No. 191 -Revision W, the relocation of four (4) existing enhanced
specialized mobile radio (ESMR) panel antennae for Nextel from the north side of the
stairway penthouse on the roof of the Ocean View Apartments to the north fagade of the
building, located at 6507 Ocean Crest Drive, subject to the conditions contained in Exhibit
W, attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare in the area
PASSED, APPROVED, AND ADOPTED this 10th day of April 2001, by the following vote,
AYES. Chairman Lyon, Vice Chairman Clark, Commissioners Cartwright,
Mueller and Paulson
NOES none
ABSTENTIONS Commissioner Long
ABSENT. Commissioner Vannorsdall
'14� F\Xll��
Weloras, AICP
r of Plan ing, ilding
and Code Enford ent, and, Secretary
to the Planning Commission
Frank Lyon T
Chairman
P C Resolution No. 2001-05
Page 3 of 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR AMENDMENT NO. I TO CONDITIONAL USE PERMIT NO. 191 -REVISION 'A'
(6507 Ocean Crest Drive)
General
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 adoption of this Resolution shall render this approval null and void.
2 This approval is for the relocation of four (4) enhanced specialized mobile radio
(ESMR) panel antennae from the north side of the stairway penthouse of the Ocean
View Apartments to the north fagade of the building. The maximum height of the
relocated ESMR panel antennae shall be below the main roof of the building, which
is approximately fifty-six feet (560") above grade. The panel antennae shall be
mounted flat against the north fagade of the building. 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 substantial change shall require approval of
a further amendment to Conditional Use Permit No. 191 -Revision W by the Planning
Commission and shall require a new and separate environmental review
3. 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 RM -12 district
development standards of the City's Municipal Code
4. 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.
5. If the ESMR antennae have not been established at their new location (i.e., building
permits obtained) within one year of the effective date of this Resolution, or if
construction has not been completed 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
Planning Commission Otherwise, a conditional use permit revision must be
approved prior to further development
P C Resolution No. 2001-05
Page 4 of 5
6 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
7. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED with the effective date
of this action.
8. The hours of construction shall be limited to 7:00 AM to 7 00 PM, Monday through
Saturday No construction shall be permitted on Sundays or on legal holidays.
9. Unless otherwise modified by these conditions, all conditions of approval for
Conditional Use Permit No. 191 -Revision W, as adopted by the Planning
Commission on February 24, 1998 as P.C. Resolution No. 98-08, remain
unchanged, in effect and valid.
Prior to Building Permit final:
10. The relocated panel antennae and cable chase on the roof and north fagade shall
be painted to match the color of the building
M TrojectsXCUP 191 -Rev W(Nextel-Oceanview Apts )-Amend 1\PC Resolution 2001-05 doc
P.C. Resolution No 2001-05
Page 5 of 5