PC RES 2001-022P.C. RESOLUTION NO. 2001-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 227 TO ALLOW THE
INSTALLATION OF ONE (1) 21" HIGH PANEL ANTENNA
ON THE ROOF TOP OF THE EXISTING BUILDING, ONE
(1) 26" DIAMETER SATELLITE DISH ON THE SOUTH
SIDE ELEVATION OF THE SUBJECT STRUCTURE, AND
ONE (1) NEW SUPPORT EQUIPMENT CABINET, ON
PROPERTY LOCATED AT 28041 HAWTHORNE
BOULEVARD
WHEREAS, on April 29, 1997, the Planning Commission adopted P.C.
Resolution No 97-24, approving an application for Conditional Use Permit No 196 by
Pacific Bell Mobile Services (now known as Pacific Bell Wireless) to install a roof -
mounted 5 -foot -tall whip -type antenna and related ground -mounted support equipment
at the Center Professional Building; on June 24, 1997, the Planning Commission
adopted P C Resolution No. 97-30, approving an application for Conditional Use Permit
No 197 by L A Cellular (now AT&T Wireless) to install two roof -mounted antenna
panels and related ground -mounted support equipment on the same property (both of
these facilities have been in place on the site for nearly three years); and on September
12, 2000, the Planning Commission adopted P.C. Resolution No. 2000-32 to allow the
co -location of six (6) personal communications systems (PCS) panel antennae for
Sprint PCS and twenty-eight cubic yards (28 yd 3) of related grading for an equipment
enclosure for ground -mounted support equipment, and on October 24, 2000, the
Planning Commission conditionally approved Conditional Use Permit 196 Revision "A"
to allow Pacific Bell Wireless to remove an existing omni antenna and install four (4)
new roof top antenna panels; and,
WHEREAS, on October 2, 2000, the applicant, XM Satellite Radio, submitted
applications for Conditional Use Permit No 227 and Environmental Assessment No.
739 to allow the installation of one panel antenna, one satellite dish, and one support
equipment cabinet, and,
WHEREAS, on June 14, 2001, the applications for Conditional Use Permit No.
227 and Environmental Assessment No. 739 were 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 Regulation, 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.
227 and Environmental Assessment No. 739 would have a significant effect on the
P.C. Resolution No. 2001-22
Page 1 of 4
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 August 14, 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 Planning Commission hereby makes the following findings of fact with
respect to the application for Conditional Use Permit No. 227 for the installation of one
panel antenna, one satellite dish and related equipment cabinet:
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 the Development Code or by conditions imposed to integrate said
use with those on adjacent land and within the neighborhood because the
proposed project complies with the City's development standards for commercial
antenna installations; the proposed antennae and support equipment do not
encroach into any required setback areas or exceed the height of the rooftop
parapet, there is adequate off-street parking to meet the requirement for two (2)
off-street parking spaces for maintenance and service vehicles; and the
antennae do not require special markings or lighting to comply with Federal
Aviation Administration (FAA) requirements.
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 because the subject
property is served by Hawthorne Boulevard and Granvia Altamira, which are
public streets that are fully improved with curbs and sidewalks, and the only
additional traffic expected to result from the proposed project is an occasional
service vehicle for XM Satellite Radio.
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 involves only minor physical modifications to the existing site;
the support equipment would not generate any significant noise and the painting
of the panel antenna to match the color of the parapet would minimize its visual
impacts. In regards to radio frequency emissions, the City is prohibited from
"[regulating] the placement, construction, and modification of personal wireless
service facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the [Federal
P.C. Resolution No. 2001-22
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Communications] Commission's regulations concerning such emissions,"
pursuant to the Telecommunications Act of 1996
D. The proposed use is not contrary to the General Plan because the subject
property is designated Commercial -Retail, which states that "[commercial] uses
tend to have environmental impacts unless they are small in scale and very
carefully designed", and the implementation of screening techniques (i.e.,
painting the antenna panel to match the parapet color, locating the satellite
antenna in a location that is not readily visible from the street of access and
locating the support equipment in an enclosure behind the building) is consistent
with the Commercial -Retail land use designation and with other General Plan
goals and policies calling upon the City to "ensure adequate public utilities and
communications 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 impacts of
many infrastructure facilities and networks "
E The required finding that, if the site of the proposed use is within any of the
overlay control districts established by RPVDC Chapter 17.40 (Overlay Control
Districts), the proposed use complies with all applicable requirements of that
chapter is not applicable because the subject property is not located within any of
the overlay control districts established by RPVDC Chapter 17.40,
F Conditions of approval, which the Planning Commission finds to be necessary to
protect the health, safety and general welfare, have been imposed and include
painting the proposed panel antenna to match the color of the parapet surface in
order to reduce their visual impact, ensuring that the proposed panel antenna will
not extend higher than the parapet located on the roof to protect views from
surrounding properties, requiring exterior maintenance lights in the equipment
enclosure to utilize "downcast" fixtures and to only be illuminated if nighttime
maintenance work is necessary, prohibiting the use of a back-up generator for
auxiliary power so as to avoid significant noise impacts; and limiting construction
hours the City's standard days and hours (i.e., 7:00 AM to 7.00 PM, Monday
through Saturday only)
G The required findings that no existing or planned tower can accommodate the
applicant's proposed antenna or proposed service area, or that the proposed
tower cannot be located on the site of an existing or planned tower is not
applicable because the proposed project does not involve the construction or
placement of a new antenna tower.
Section 3: The approval of Conditional Use Permit No 227 is consistent with
the City's Wireless Communications Antenna Development Guidelines
P.C. Resolution No. 2001-22
Page 3 of 4
Section 4: The approval of Conditional Use Permit No. 227 is consistent with
the zoning and land use authority reserved to the City pursuant to the
Telecommunications Act of 1996.
Section 5: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Sections 17.60 060 and
17.76.040(H) 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 August 14, 2001, the date of the Planning Commission's final action.
Section 6: 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 Conditional
Use Permit No. 227 thereby approving the installation of one (1) 21" high panel antenna
on the roof of the Center Professional Building, the installation of one (1) 26" diameter
satellite dish on the south side elevation of the existing building, and the installation of
one (1) new support equipment cabinet, on property located at 28041 Hawthorne
Boulevard, subject to the conditions contained in Exhibit 'A', 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 14th day of August, 2001, by the following
vote:
AYES Chairman Lyon, Vice Chairman Clark, Commissioners Cartwright, Paulson,
Mueller, and Vannorsdall
NOES: None
ABSTENTIONS: Commissioner Long
ABSENT. None
Fr
"A� el R has, A1CP
01�irec r of Plannng, uilding and
Co -'Me- Enforceme , and, Secretary
to the Planning Commission
Frank Lyon &7
Chairman
P.C. Resolution No. 2001-22
Page 4 of 4
EXHIBIT `A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 227
GENERAL
Within ninety (90) days following adoption of this Resolution, 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 statement shall render this approval
null and void
2 This approval is for the installation of one (1) 21" high panel antenna on the
roof top of the existing building and one (1) 26" diameter satellite dish on the
south side elevation of the subject structure. Additionally, this approval is for
the installation of an equipment cabinet along the south facing fagade (under
the existing staircase) of the existing building. The Director of Planning,
Building and Code Enforcement is authorized to make minor modifications to
the approved plans and any 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 shall
require approval of an amendment to Conditional Use Permit No. 227 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
CL 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 proposed facility has not been established (i a building permits
obtained) within one (1) 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.
6. In the event that any of these conditions conflict with the recommendation
and/or requirements of another permitting agency or City Department, the
stricter standard shall apply.
EXHIBIT `A'
P.G. RESOLUTION NO. 2001-22
Page 1 of 3
7. Unless otherwise designated on these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped
with the effective date of this approval
8. The hours of construction shall be limited to 7.00 a rn to 7 00 p m , Monday
through Saturday. No construction shall be permitted on Sundays or on legal
holidays.
CONDITIONAL USE PERMIT NO 227
9 Pursuant to Section 17.76.020(A)(4)(c) of the City's Municipal Code, the
applicant and the landowner shall agree, in writing, to cooperate in possible
future so -location of additional PCS and other wireless communications
facilities on this site. Under the terms of this agreement, the applicant and
landowner shall be obligated to
a. Respond in a timely, comprehensive manner to a request of information
from a potential shared -use applicant, and
b. Negotiate in good faith for shared use by third parties
10. The new panel antenna shall be painted to match the color of the parapet
where it is located, and shall be maintained so as to continue to match the
roof the or parapet in the future The new panel antenna shall not exceed the
height of the parapet located on the roof.
11 The new satellite dish shall be located on the south side elevation of the
existing building, in such a way so it is not directly visible from the street of
access
12. The new support equipment cabinet shall be located along the south facing
fagade, under the existing staircase of the existing building, so it is not visible
from the street of access
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 temporary
back-up generator during emergencies or extended power outages is
permitted, provided that the generator does not exceed 65 DBA, as measured
from the closest adjacent property line.
14 The exterior maintenance lights within the equipment enclosure shall be
"downcast" fixtures and will only be illuminated if emergency nighttime
maintenance work is necessary All routine maintenance and repair work shall
EXHIBIT `A'
P.C. RESOLUTION NO. 2001-22
Page 2 of 3
occur during daylight hours All exterior lighting shall conform to the
provisions of Section 17 56 040 of the Rancho Palos Verdes Development
Code.
15 The support equipment shall not generate noise levels in excess of 65 DBA,
as measured from the property line of the subject property Any additional
sound attenuation measures to achieve this standard shall be the
responsibility of the applicant, and shall be subject to the review and approval
of the Director of Planning, Building and Code Enforcement
EXHIBIT `A'
P.C. RESOLUTION NO. 2001-22
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