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PC RES 2001-013P.C. RESOLUTION NO. 2001-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 219, THEREBY APPROVING FOUR (4) ANTENNA PANELS, A GPS ANTENNA, AND A MICRO - CELL UNIT ON AN EXISTING PUBLIC UTILITY POWER POLE, AND A GROUND -MOUNTED EQUIPMENT CABINET AT THE REAR OF THE PROPERTY LOCATED AT 32315 FORRESTAL DRIVE. WHEREAS, on July 14, 2000, Kathleen Hill, representing Sprint PCS and property owner Thomas Ewald, submitted Conditional Use Permit No 219 for a personal communications system (PCS) on an existing public utility power pole and support equipment on property located on 32315 Forrestal Drive, and, WHEREAS, on August 10, 2000, the application for Conditional Use Permit No 219 was deemed incomplete by Staff pending the submittal of additional information, and, WHEREAS, after the submittal of additional information required by Staff, the applications were deemed complete on April 18, 2001, 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 Conditional Use Permit No 219 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, on May 22, 2001, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed public hearing to consider Conditional Use Permit No 219 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS. Section 1: The site is adequate in size and shape to accommodate said use and for all the features required by Title 17 and by conditions imposed to ensure that the proposal does not negatively impact abutting land uses and those within the neighborhood The location of the proposed antennae and related mechanical equipment do not require a new tower, adequate parking for the antenna facility is provided in compliance with the minimum required; and screening for the antennae and equipment will be provided in compliance with Section 17.76.020(A)(8) Section 2: 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 because the site is accessed via Forrestal Drive, which is a public residential street that connects to Palos Verdes Drive South, the proposed use will generate negligible additional trips to and from the site, and there will be no adverse effect upon existing levels of service for abutting public streets or nearby intersections. P C. Resolution No 2001-13 Page 1 F Section 3: There will be no significant adverse effect on adjacent property or the permitted use because the antennae will not increase the height of the power pole, the antennae will not project into a view corridor from the viewing area of another parcel, and adequate foliage exists to screen the antennae Further, the proposed antennae and cable tray will contain similar exterior finish color as the existing power pole Lastly, the related mechanical equipment cabinet will be screened from the public right-of-way by creating a pad area that is 2'6" below grade and the topography of the area between the equipment and the street creates additional screening of the equipment Section 4: 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", and is consistent with the intent and purpose of the Commercial Antenna Section of the Development Code to "maximize use of existing transmission or relay tower to minimize the need to construct new towers " Section 5: Conditions have been imposed to protect the health, safety and general welfare, which includes buffers and landscaping, maintenance of structures, and 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 the City's Development Code, as identified in Exhibit "A" hereto Section 6: The proposed antenna facility is consistent with the Wireless Communications Antenna Development Guidelines adopted on May 27, 1997 by the Planning Commission Section 7: The City's review of Conditional Use Permit No 219 is consistent with the local zoning authority reserved to the City under the Telecommunications Act of 1996 Section 8: 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 and with the appropriate appeal fee, no later than fifteen (15) days following May 22, 2001, the date of the Planning Commission's final action. Section 9: For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning Commission hereby approves Conditional Use Permit No. 219, subject to the conditions of approval contained in the attached Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare P C. Resolution No. 2001-13 Page 2 PASSED, APPROVED, and ADOPTED this 22nd day of May 2001 by the following roll call vote AYES Cartwright, Clark, Mueller, Paulson, Vannorsdall NOES None ABSTENTIONS Long ABSENT Lyon AUL Frank Lyon VV Chairman I Joel ojas, icP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No 2001- 13 Page 3 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 219 General Conditions: Prior to the submittal of plans into Budding and Safety plan check, the applicant and/or 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 approval Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2. This approval is for four (4) antenna panels, a GPS antenna, and a micro -cell unit mounted on an existing utility power pole, and ground -mounted equipment A wooden cross -arm will support the four (4) antenna panels, and shall be constructed at a height of 268" as measure from lowest adjacent grade. Thus the overall height to the top of the antenna panels 266", and shall increase the height of the existing power pole. HEIGHT CERTIFICATION REQUIRED. 3 The cross -arm that supports the antenna panels shall be of wood and painted to match the existing wooden power pole Further, the cross -arm shall be constructed at a maximum height of 258", measure a maximum 6 -feet, and shall parallel the west side property line. 4. An equal number of antenna panels shall be mounted on each side of the cross -arm, and on separate sides of the power pole, to produce symmetry of the pole 5 Each antenna panel shall contain a maximum dimension of 19 3 -inches, by 8 7 -inches wide, and 2 7 -inches in depth. Any future modifications to enlarge the antenna panels or increase the quantity of antennae shall require review by the City's Planning Commission 6. The GPS antenna shall maintain a maximum dimension of 4 -inches in diameter and 18 - inches in height, and shall be mounted on the east side of the power pole 7. The micro -cell unit shall maintain a maximum dimension of 3 -feet tall, by 19 -inches wide, and 11 -inches deep 8 A 48 -inch -high equipment cabinet is approved at a minimum 38 -foot setback from the front property line and at a minimum 10'6" setback from the rear property line 9 The pad area created for placement of the equipment cabinet shall not entad grading. Thus, if the project results in a minimum 3 -foot depth of cut and/or at lease 20 cubic yards of earth movement, a separate grading application shall be submitted for review by the Director of Planning, Building and Code Enforcement. 10. This approval does not include the use or installation of a permanent back-up generator for the antenna support equipment Any future request for a permanent back-up 0 0 generator will require the approval of a conditional use permit revision by the Planning Commission. However, the use of a temporary back-up generator during emergencies or extended power outages is permitted, provided that the generator does not exceed 65 decibels as measured from the closest adjacent property line 11 If, for whatever reason, the utility lines are placed underground and the pole is no longer necessary to support the utility lines, the pole shall be removed and a replacement pole shall not be erected 12 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 -3 district development standards of the City's Municipal Code 13 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 14 If the facility has not been established (i e , plans submitted to Building and Safety for "plan check") within one year of the approval of this permit by the Planning Commission, the approval shall become null and void, unless 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. 15 The applicant shall obtain all required permits, from the Building and Safety Division 16 In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter shall apply. 17. The hours of construction shall be limited to 7:00 a.m. to 7 00 p m , Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 18. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval Prior to Building Permit Issuance: 19 The applicant and landowner shall agree, in writing, to cooperate in possible future co -location of additional PCS and other wireless communications facilities on this building Under the terms of this agreement, the applicant and landowner shall be obligated to a) Respond in a timely, comprehensive manner to a request for information from a potential shared -use applicant, and b) Negotiate in good faith for shared use by third parties. P.C. Resolution No. 2001-13 CUP No. 219 Conditions of Approval Page 2 Copies of said agreements shall be provided to the City prior to issuance of a building permit. Prior to Building Permit Final: 20. The exterior finish material of the cable tray shall be consistent with the color of the existing power pole upon which the antennae are mounted 21 The exterior color of the new cross -arm shall be consistent with the color of the wooden power pole 22 The antenna panels, the GPS antenna, and micro -cell unit shall be painted in a natural earth tone color to blend with the immediate surrounding environment, as approved by Staff 23. The cable tray shall be mounted flush against the power pole. P.C. Resolution No. 2001-13 CUP No. 219 Conditions of Approval Page 3