PC RES 2002-003P.C. RESOLUTION NO. 2002-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING "WITHOUT PREJUDICE"
CONDITIONAL USE PERMIT NO. 226, GRADING PERMIT NO. 2296 AND
ENVIRONMENTAL ASSESSMENT NO. 742 FOR A COMMERCIAL
ANTENNA FACILITY CONSISTING OF A NEW 30 -FOOT -HIGH
MONOPINE (SIMULATED PINE TREE MONOPOLE ANTENNA),
RELATED EQUIPMENT CABINETS, AND 15 CUBIC YARDS OF
GRADING TO PROVIDE FOR A 14 -FOOT DEEP CAISSON FOUNDATION
FOR VERIZON WIRELESS AT THE SOUTHWEST CORNER OF AN
EXISTING PAD AREA BETWEEN THE COMMUNITY CENTER
BUILDINGS AND THE SOCCER FIELDS, JUST SOUTHWEST OF THE
TENNIS COURTS, AT THE LADERA LINDA COMMUNITY CENTER
LOCATED AT 32201 FORRESTAL DRIVE (APN 7564-001-912).
WHEREAS, on September 19, 2000, the applicant TetraTech, representing Verizon
Wireless, unofficially submitted an application for Conditional Use Permit No 229, Grading
Permit No 2296, and Environmental Assessment No. 742 to allow the installation of a
commercial antenna facility at the Ladera Linda Community Center, located at 32201
Forrestal Drive (APN 7564-001-912); and,
WHEREAS, on January 16, 2001, the City Council authorized the City Manager to
sign conditional use permit and associated applications and on behalf of the City, and
allowing the applications to proceed through the required permit review process, and,
WHEREAS, on February 15, 2001, Conditional Use Permit no 226, associated
applications, and related plans were officially submitted to the Department; and,
WHEREAS, on August 23, 2001, upon submittal of Grading Permit No 2296 and
placement of the temporary mock-up silhouette, the applications were deemed complete;
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), the City of Rancho Palos Verdes prepared an Initial Study and determined that
there is substantial evidence that the approval of Conditional Use Permit No. 226 and
Grading Permit No. 2296 would result in a significant adverse effect upon the environment
Specifically, with regards to affecting a scenic vista and having a demonstrable negative
aesthetic effect, and,
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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, and
WHEREAS, the Planning Commission continued the October 9th, 2001 public
hearing to November 13, 2001 to receive requested revisions, and tabled the November 13,
2001 public hearing to give the applicant additional time to submit a revised project; and
WHEREAS, the applicant submitted revised plans and photo simulations on January
2, 2001 and January 11, 2001, and
WHEREAS, after additional notice issued pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on January 22, 2002, at which time all interested parties were given an
opportunity to be heard and present evidence, and
WHEREAS, the Planning Commission continued the item to the March 26, 2002
public hearing to give the applicant additional time to meet with residents near the proposed
site and submit a revised project proposal 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: Although the proposal complies with setback standards, it would need
additional significant setback from the top of the transitional slope to adequately address
visual and aesthetic impacts Due to the visual and aesthetic impacts, and the inability of
the applicant to locate the monopole on the property without causing said impacts, the site
is not adequate in size and configuration to accommodate the proposed use (antenna and
associated equipment)
Section 20 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
Section 3e The project will have a significant adverse impact with regards to
affecting a scenic vista The project consists of a new monopole, simulated as a pine tree
Since the views of the Pacific Ocean and Santa Catalina Island are in a westerly direction
from the Stalwart Trail along Forrestal Drive towards the new antenna facility, the new pole
will project into the ocean views from the pedestrian trail along Forrestal Drive The pole
P C Resolution No 2002-03
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will, thus, be in the foreground of the view and will be taller than the existing trees in the
immediate area, which further amplifies its appearance.
The project will also have a demonstrable negative aesthetic effect upon the
adjacent residences that are located downslope of the antenna facility. The new pole will
be constructed approximately 120 feet from the closest residential structure and at the top
of the transitional slope, the new pole will be significantly apparent from the residences and
from the rights-of-way along Heim Place, Valor Place and Dauntless Drive Although a
protective fence and hedge will surround the facility, the pole will continue to project from
behind the landscaped area, and the appearance of the new facility will be exacerbated by
the topography and location of the new facility at the top of the transitional slope.
Section 4: The proposed use is contrary to the General Plan because
Infrastructure Policy No 8 of the General Plan "[requires] adequate landscaping or
buffering techniques for all new and existing facilities and networks, in order to reduce the
visual impact of many infrastructure facilities and networks" (page 138). Although the new
antenna will be camouflaged as a pine tree, Staff believes that the facility will not blend with
the surrounding environment since there are no trees adjacent to the antenna at a similar
height. A new view obstruction is being proposed in an area that presently has none.
Section 5: The proposed antenna facility is not consistent with all of the Wireless
Communications Antenna Development Guidelines adopted on June 24, 1997 by the
Planning Commission The proposed tower will project higher than the existing trees in the
immediate area and will project into the view of the ocean from Stalwart Trail Thus, the
proposal does not preserve the view corridor. The project may also have an aesthetic
expense (impact) upon the adjacent residences that are downslope of the proposed facility,
since the facility will add a new view obstruction in an area that is presently open to view.
Further, the Ladera Linda site and the Forrestal property have been kept in a natural state
to the greatest extent feasible. The vistas, scenery and natural setting of these areas are
evident, especially from along the trails in the area This amenity is a benefit to the
community and the general public, and installation of the new facility will detract from the
natural environment and create an adverse visual impact. Thus, the proposed antenna
facility will provide disproportionate cost to the general public by affecting the natural visual
amenities of the area
Section 6: The City's review of Conditional Use Permit No. 226 is consistent with
the local zoning authority reserved to the City under the Telecommunications Act of 1996.
Section 7: 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 However, it is associated
with Conditional Use Permit No. 226 and Environmental Assessment No. 742, and,
therefore, cannot be granted if those applications are denied.
P C. Resolution No 2002-03
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Section 8: 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 March 26, 2002,
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 denies without prejudice Conditional Use Permit No. 226, Grading
Permit No. 2296 and Environmental Assessment No. 742.
PASSED, APPROVED, and ADOPTED this 26th day of March, 2002 by the
following roll call vote:
AYES: Commissioners Duran-Reed, Cote, Lyon, Mueller, Tomblin, Vice Chairman Long
Chairman Cartwright
NOES: None
ABSTENTIONS: None
ABSENT: None
F.A441/#77L,
Frank Lyon
Chairman
Jo iliejaS,
Di r of PI. g, Building and
Co. Enforce = t; and, Secretary
to the Planning Commission
W:\Eduardo's files\conditional use permit\cup226\resolution 3_26_02.docBRENT
P.C. Resolution No. 2002-03
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