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PC RES 2001-014P.C. RESOLUTION NO. 2001-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 224, THEREBY APPROVING A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF FOUR (4) ANTENNA PANELS MOUNTED ON THE BUILDING'S ROOFTOP PARAPET SCREEN WALL, A GPS ANTENNA, AND FIVE (5) EQUIPMENT CABINETS ON THE ROOFTOP OF THE EXISTING 4 -STORY BUILDING LOCATED AT 29000 WESTERN AVENUE (FIDELITY BANK BUILDING). WHEREAS, on August 7, 2000, the applicant, representing Sprint PCS and property owner William Braun, submitted Conditional Use Permit No. 224 for a personal communications system (PCS) and support equipment on the rooftop of an existing 4 -story building located on 29000 Western Avenue, and, WHEREAS, on August 23, 2000, the application for Conditional Use Permit No 224 was deemed incomplete by Staff; and, WHEREAS, after the submittal of additional information required by Staff, the applications were deemed complete on May 11, 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. 224 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 June 26, 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 224 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 comply with the CG District Zoning standards, including setbacks, 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) P C. Resolution No. 2001-14 Page 1 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 served by Western Avenue, which is identified as a major arterial roadway and designated as a California State Highway (Hwy No 213), 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 Section 3: There will be no significant adverse effect on adjacent property or the permitted use because the antenna panels will not project above the parapet wall, the GPS antenna will be located on an existing air conditioning penthouse near the middle of the rooftop, and the equipment cabinets will be located behind the parapet wall Further, the proposed antenna panels will be painted to match the parapet wall, and the equipment cabinets will not be taller than the parapet wall Thus, the antenna and equipment will not be visible by the general public 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 existing use of the site as an office building, the underlying land use designation of Commercial, and the surrounding residential and commercial uses Section 5: The site is not within any of the overlay control districts, so there is no need to ensure that the proposed use complies with the requirements of the chapter Section 6: 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 7: The City's review of Conditional Use Permit No 224 is consistent with the local zoning authority reserved to the City under the Telecommunications Act of 1996 Section 12: 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 June 26, 2001, the date of the Planning Commission's final action Section 13: For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning P C Resolution No 2001-14 Page 2 1 0 0 Commission hereby approves Conditional Use Permit No. 224, 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 PASSED, APPROVED, and ADOPTED this 26th day of June 2001 by the following roll call vote AYES Cartwright, Clark, Mueller, Paulson NOES' None ABSTENTIONS: Long ABSENT Lyon, Vannorsdall Frank Lyon '1 r Chairman #61 Rlbjas, AIC Ye or of Planm , Building and Code Enforcement; and, Secretary to the Planning Commission P C. Resolution No 2001- 14 Page --3- 9 0 P.C. RESOLUTION NO. 2001-14 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 224 General Conditions. 1 Prior to the submittal of plans into Building 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 the location of a wireless telecommunications facility consisting of four (4) antenna panels mounted on the building's rooftop parapet screen wall, a GPS antenna, and five (5) equipment cabinets on the roof of the existing 4 -story Fidelity Bank building 3 The antenna panels shall measure a maximum of 4'5" in height, 10 6" in width, and 4 5" in depth 4 The panels shall be flush -mounted directly onto the west elevation of the existing parapet wall 5 The panels shall be painted to match the parapet wall 6 The panels shall not project higher than the parapet wall 7 The GPS antenna shall maintain a maximum dimension of 4 -inches in diameter and 18 -inches in height, and shall be located on the existing air conditioning penthouse on the rooftop of the building 8 The GPS antenna shall not project higher than the existing air conditioning penthouse 9 The equipment cabinets shall measure no taller than the height of the parapet screen wall 10 Any request or proposal to change, alter, or modify the existing 8 -foot -high parapet screen wall shall require Planning Department approval 11 The cable tray shall be directly mounted on the roof -top of the building and shall not be visible to the public. 12. The cables providing service to the antenna panels shall penetrate the parapet wall, and shall not hang over the top of the parapet wall, nor come up from the bottom of the parapet wall 13. 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 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. 14 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. 15 All lighting associated with this proposal shall be utilized for emergency purposes only, and shall not be turned on for any other purpose 16. If the wireless facility has not been established (i.e , building permits obtained) 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. 17 No grading is approved under this permit 18. The applicant shall obtain all required permits, including demolition permits, from the Building and Safety Division. 19. 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 20. 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 21. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval P.C. Resolution No. 2001-14 Exhibit "A" — Conditions of Approval CUP No. 224 Page 2 Prior to Buildinq Permit Issuance. 22 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 Copies of said agreements shall be provided to the City Prior to Buildinq Permit Final. 23 Staff shall conduct a site visit to ensure that the conditions of approval associated with the permit are adhered to, including the painting of the panels, the location of the antennae and equipment, etc. P.C. Resolution No. 2001-14 Exhibit "A" — Conditions of Approval CUP No. 224 Page 3