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PC RES 2001-035P.C. RESOLUTION NO. 2001- 35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 229 AND GRADING PERMIT NO. 2283 FOR A COMMERCIAL ANTENNA FACILITY CONSISTING OF THE REPLACEMENT OF AN EXISTING 35 -FOOT -HIGH FLAGPOLE WITH A 45 -FOOT -HIGH POLE SUPPORTING THREE ANTENNA ARRAYS (SIX ANTENNA PANELS MOUNTED INSIDE THE POLE) AND RELATED EQUIPMENT FOR VERIZON WIRELESS, LOCATED AT THE SOUTHERN END OF THE TRACK AND FIELD STADIUM AREA AT 29323 PALOS VERDES DRIVE EAST (APN 7566-023-902). WHEREAS, on January 10, 2001, the applicant TetraTech, representing Verizon Wireless, submitted an application for Conditional Use Permit No. 229 to allow the installation of a commercial antenna facility at the Miraleste Intermediate School, located at 29323 Palos Verdes Drive East (APN 7566-023-902); and, WHEREAS, on January 17, 2001, the application was deemed incomplete by Staff pending the submittal of additional information and applications, and, WHEREAS, on August 20, 2001, upon submittal of Environmental Assessment No. 740 and Grading Permit No 2283, the applications, including Conditional Use Permit No. 229, 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 e% seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that with appropriate mitigation, there is no substantial evidence that the approval of Conditional Use Permit No. 229 and Grading Permit No 2283 would result in a significant adverse effect upon the environment and, therefore, a Mitigated Negative Declaration has been prepared and notice of same was given in the manner required by law, and, WHEREAS, the Planning Commission has adopted P.C. Resolution No. 2001 - certifying said Mitigated Negative Declaration and adopted a Mitigation Monitoring Program, 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 October 9, 2001, at which time all interested parties were given an opportunity to be heard and present evidence. P C. Resolution No 2001-35 Page 1 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The site for the intended use is adequate in size and shape to accommodate said use because it has been found that the location of the proposed pole will replace an existing pole at the same location, the location of the replacement pole exceeds the minimum 25 -foot setback required by the Development Code, adequate off- street parking for the antenna facility is provided, and fencing and landscaping to screen the structures and equipment will be provided Further, the closest residence to the pole is 300 feet to the east, separated by Palos Verdes Drive East and Miraleste park, and the closest southerly residence to the pole is over 550 feet and is located at least 110 feet higher in elevation. Section 2: The site for the proposed use relates to streets and highways property designed to carry the type and quantity of traffic generated by the subject use because the site is served by a driveway from an access road that is the main entrance to the school from Palos Verdes Drive East. Palos Verdes Drive East is identified as a mayor arterial roadway, and 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 since an occasional small service vehicle ('i e , van or small truck) will visit the site on a monthly or bi-monthly basis. Section 3: There will be no significant adverse effect on adjacent property or the permitted use because the antenna panels will be mounted inside the pole, eliminating the visual appearance of projecting arrays and panels and continuing the substantial appearance of a flagpole. Further, since there is an existing pole at the same location that is substantially visible to the public, the new replacement pole will not be apparent and will not substantially alter the appearance of the area. Due to the difference in elevation, coupled with the direction and angle of views from along Crownview Drive, which is at least 110 feet higher in elevation, the new pole will not project into the views of the Los Angeles basin; and the new pole will not be apparent nor be obtrusive since there is an existing flagpole and there is existing foliage in the Miraleste area that obscures visibility of the pole Lastly, although it was identified that the project may create an aesthetic impact with regards to the creation of glare created by the reflection of light off of the pole, a mitigation measure has been incorporated that requires the new pole to be constructed and/or painted with a material and/or color that minimizes glare, which will mitigate the impact Therefore, there will be no significant adverse affects to adjacent property resulting from the new pole. 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 a school, the underlying land use designation of Institutional, and P C. Resolution No. 2001-35 Page 2 the surrounding area. The proposed project will not change the existing overall land use for the site, which would be subordinate to the primary use of the property as an intermediate school. Further, since there is an existing flagpole, replacing it with a new pole will not be apparent and does not create a new aesthetic feature that was not previously at the site. 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 setback and buffers, fencing, landscaping, maintenance of structures, and other conditions, as identified in Exhibit "A" hereto. Further, since there is an existing pole, there will not be a perception that there is a "new" pole. Section 7: The proposed antenna facility is consistent with the Wireless Communications Antenna Development Guidelines adopted on May 27, 1997 by the Planning Commission. Section 8: The City's review of Conditional Use Permit No. 229 is consistent with the local zoning authority reserved to the City under the Telecommunications Act of 1996. Section 9: The grading permit application for the 14 -foot -deep caisson foundation complies with Development Code Section 17 76.040, which allows caisson foundations of 10 -feet or more below existing grade with a minor grading permit Section 10: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Chapter 17.80 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 October 9, 2001, the date of the Planning Commission's final action. Section 10: 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. 229 and Grading Permit No 2283, 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 2001-35 Page 3 0 PASSED, APPROVED, and ADOPTED this 9th day of October 2001 by the following roll call vote AYES: Cartwright, Clark, Lyon, Paulson, Vannorsdall NOES- Mueller ABSTENTIONS: Long ABSENT None A ---j F��( J001 Rhas, Aic I Dikectqr of Pla ni g, Building and Code,"Enforcem nt; and, Secretary to the Planning Commission - ;�Ojdwxy� Frank Lyoff Chairman PC Resolution No 2001- 35 Page 4 0 0 PC RESOLUTION NO. 2001- 35 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 229 GRADING PERMIT NO. 2283 General Conditions: 1. Prior to any improvements, construction or grading, 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. Approval of Conditional Use Permit No. 229 and Grading Permit No 2283 allows for the following project replacement of an existing 35 -foot -high flagpole with a new 45 - foot -high pole, 20 -inches in diameter, supporting three antenna arrays and six antenna panels mounted inside the pole for Verizon Wireless. The new pole will replace the existing flagpole at the same location, at the southern end of the track and field stadium area of Miraleste Intermediate School The project also includes 15 cubic yards of grading to provide for a 14 -foot -deep caisson foundation for the new pole; and a 240 square foot, 12 -foot high prefabricated equipment structure with a roof -mounted GPS antenna contained within a 400 square foot lease area 75 - feet west of the new antenna pole, which will be surrounded by a protective fence and hedge 3. Since the construction of this facility is on property owned by a school district (Palos Verdes Peninsula Unified School District), building permit issuance is conducted by the Office of the State Architect. The applicant shall be required to submit copies of all building permits and approvals issued by the Office of the State Architect within 30 -days of completion of the facility Failure to comply with and adhere to this condition may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 4. The maximum height of the new pole shall not exceed 45 -feet as measured from existing grade. EXISTING GRADE ELEVATION MUST BE CERTIFIED BY A REGISTERED CIVIL ENGINEER PRIOR TO COMMENCING WORK ON THE SITE, AND HEIGHT CERTIFICATION OF THE POLE REQUIRED BY A REGISTERED CIVIL ENGINEER PRIOR TO BUILDING PERMIT FINAL. C. Resolution No 2001-3o" Page 5 5. The maximum diameter of the new pole shall not exceed 20 -inches. 6. A maximum of six (6) antenna panels are approved under this permit, which must be mounted inside the new pole and not be visible. 7. The new pole shall not have any projecting arrays or elements. 8. All cables, wires and cable chases shall be mounted and installed inside the new pole, and shall not be exposed or mounted on the exterior at any point 9. The cables, wires and cable chases from the equipment cabinet to the new pole shall be undergrounded and shall not be visible or exposed. The area where the undergrounding occurs shall be replaced to substantially its preexisting conditions. Since the area where the project is approved is a grass area, the grass shall be replaced over the undergrounded cables, wires and cable chases. Further, since there will be a 14 -foot deep and 15 -foot wide caisson foundation under the pole, grass shall be installed over caisson such that the top of the caisson is not exposed 10. The prefabricated equipment building is limited to 240 square feet, and shall be located adjacent to the existing retaining wall to the south of the existing stadium bleachers. 11. The equipment building shall be limited to a maximum overall height of 12 -feet and shall maintain the setbacks depicted on the plans stamped as approved with the effective date of this approval. 12 The color and material of the equipment building shall be consistent and compatible with the surrounding environment 13. The proposed fence surrounding the equipment structure shall not exceed 8 -feet in height, while the proposed landscape hedge shall not exceed 12 -feet in height. 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. If the 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. 16 A maximum 14 -foot deep caisson foundation is approved under Grading Permit No. 2283 P.C. Resolution No. 2001-35 Page 6 17 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. 18. 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. 19. The pole and the antenna panel screening canister shall be constructed with a material that reduces, to the furthest extent feasible, glare created by the reflection of light. If no such material can be obtained, then the pole shall be painted with a color that blends in with the immediate surroundings Prior to construction and/or grading for any improvements, such material and/or color shall be subject to review and approval by the Director of Planning, Building and Code Enforcement 20. Prior to construction and/or grading for any improvements, 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 monopole. 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. 21 Prior to issuance of a final permit and/or certificate of use and occupancy, Planning Staff shall conduct a site visit to the subject property to ensure that the conditions of approval 7, 8, 9, 10, 11, 12, 13 and 19, specified above, are complied with and adhered to 22. The applicant shall obtain all required permits, including demolition permits, from the appropriate public agencies. P.C. Resolution No. 2001-35 Page 7