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PC RES 2002-027P.C. RESOLUTION NO. 2002-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE PERMIT (CASE NO. ZON2002-00341), THEREBY APPROVING THE INSTALLATION OF COMMERCIAL ANTENNA PANELS AND RELATED SUPPORT EQUIPMENT AT THE PORTUGUESE BEND FIELDS, LOCATED AT 32201 FORRESTAL DRIVE WHEREAS, on July 5, 2002, the applicant, Verizon Wireless, submitted an application for a conditional use permit and environmental assessment (Case No ZON2002-00341) to the Department of Planning, Building and Code Enforcement for the installation of commercial antenna panels and related support equipment at the Portuguese Bend Fields; and, WHEREAS, on August 22, 2002, the applications for Case No. ZON2002-00341 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 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 the approval of the requested conditional use permit would have a significant effect on the environment and, therefore, the proposed project was determined by Staff to be categorically exempt (Class 3, Section 15303); 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 September 10, 2002, 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 a conditional use permit to install commercial antenna panels and related support equipment on the subject property. 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, as conditioned, the proposed protect complies with the development standards for commercial antennae, as specified in RPVDC Sections 17 76 020(A)(2) through (A)(10). The site provides for two (2) off-street parking spaces for maintenance and service vehicles and the proposed antenna panels do not require special markings or lighting to comply with Federal Aviation Administration (FAA) requirements. There is existing foliage on the subject property and adjacent properties that visually screens the antenna panels and support equipment from many surrounding residences in the neighborhood 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 Forrestal Drive, which is a public residential street Aside from normal traffic associated with the use of the existing game fields, the only traffic expected to result from the proposed project is an occasional service vehicle for the user of the commercial antennae on the site. These visits would be infrequent and would rarely involve large trucks or other equipment that would adversely affect local traffic for any extended period of time C In approving the subject use at the specific location, there will be no significant adverse effects on adjacent property or the permitted use thereof, due to the conditions that are being imposed as part of this approval The proposed project involves only minor physical modifications to the existing fence for the installation of the antenna panels. Once the antenna panels and equipment are installed, they will not be readily visible from nearby homes or from public trails in the Forrestal Preserve The site would be visited only periodically by service personnel. As such, any impacts related to the installation, maintenance and operation of the existing antennae for commercial purposes would be expected to be very minor and to have no significant adverse effects on surrounding properties. D. The proposed use is not contrary to the General Plan. The subject property is designated Institutional -Educational in the City's General Plan. This land use designation is intended to accommodate public and private educational institutions and related accessory uses and structures such as game fields. The existing game fields on the property are consistent with this designation, and the addition of commercial antennae to the site will be clearly ancillary to the primary use of the property as a recreational facility The imposition of conditions of approval will minimize the visual impacts of the proposed antenna panels. These conditions will allow for the provision of wireless telecommunications services while minimizing or eliminating the visual impacts of the wireless telecommunications facilities E The project site is located within the Natural (OC -1) and Urban (OC -3) overlay control districts established by RPVDC Chapter 17.40 (Overlay Control Districts). The proposed project is consistent with all of the applicable performance criteria for both of these overlay control districts 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 (but P C Resolution No. 2002-27 Page 2 of 7 are not limited to) painting the antenna panels to blend with the existing fence and surrounding foliage; requiring the surrounding foliage to be maintained to provide visual screening; limiting regular maintenance hours to 8:00 AM to 5:00 PM, Monday through Friday; and requiring the applicant to obtain final approval of the project from the Palos Verdes Peninsula Unified School District prior to the installation of the antenna panels and related support equipment. Section 2: The Planning Commission finds that the approval of the requested conditional use permit is consistent with the City's Wireless Communications Antenna Development Guidelines because this application is being heard in an expeditious manner (Guideline No. 1); the subject property is a non -single-family site (Guideline No. 2); the antenna panels and equipment do not adversely impact protected views (Guideline No. 4), a network master plan, photographic simulations and a full-scale mock-up have been provided (Guideline Nos 6 and 7); and the antenna panels and equipment will be screened with color, fencing and foliage (Guideline No 9). Section 3: The Planning Commission finds that the approval of the requested conditional use permit is consistent with the zoning and land use authority reserved to the City pursuant to the Telecommunications Act of 1996 because the City's regulation of these commercial antennae does not "unreasonably discriminate among providers of functionally equivalent services; and .[does] not prohibit or have the effect of prohibiting the provision of personal wireless services"(Subsections 47 U.S.C. 332(c)(7)(13)(i)(1) and (11)); the City has acted upon this request for "authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request [was] duly filed with [the City], taking into account the nature and scope of such request' (Subsection 47 U.S C 332(c)(7)(B)(ii)), the Planning Commission's decision in this matter has been set forth "in writing and supported by substantial evidence contained in a written record" (Subsection 47 U.S.C. 332(c)(7)(B)(iii)), and Planning Commission's decision in this matter has not been made "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions" (Subsection 47 U.S.C. 332(c)(7)(B)(iv)). Section 4: 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, accompanied by the payment of the appropriate appeal fee, no later than fifteen (15) days following September 10, 2002, the date of the Planning Commission's final action Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, the testimony and evidence presented at the public hearing, the Minutes and the other records of this proceeding on file with the City, the Planning Commission of the City of Rancho Palos Verdes hereby approves a conditional use permit P C Resolution No. 2002-27 Page 3 of 7 (Case No. ZON2002-00341), thereby approving the installation of commercial antenna panels and related support equipment at the Portuguese Bend Fields, located at 32201 Forrestal Drive, subject to the conditions contained in Exhibit'A!, attached hereto and made a part hereof by this reference, which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED this 10th day of September 2002, by the following vote: AYES: Chairman Cartwright, Commissioners Cote, Duran Reed, Lyon and Tomblin NOES. none ABSTENTIONS* none ABSENT: Vice Chairman Long and Commissioner Mueller J041 Rjas, Aicp Dir kctor of Plan In Building and rcemen Codbr"Enfo and, Secretary to the Planning Commission P.0 Resolution No 2002-27 Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2002-00341 (Verizon/PVPUSD, 32201 Forrestal Drive) General Conditions 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 written statement shall render this approval null and void. 2. This approval is for the installation of eight (8) commercial antenna panels and related support equipment on the site of the Portuguese Bend Fields adjacent to the City's Ladera Linda Community Center The Director of Planning, Building and Code Enforcement is authorized to make only minor modifications to the approved plans and any of the conditions of approval, and only if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to this conditional use permit 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 I (institutional) 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 duly noticed public hearing on the matter. 5. If the approved project has not been established on the site within one year of the effective date of the City's final action on this application, 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. 6. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. P.0 Resolution No. 2002-27 Page 5 of 7 Conditional Use Permit 7. Prior to the installation of the improvements allowed under this permit, the applicant shall obtain final approval of the plans from the Palos Verdes Peninsula Unified School District (PVPUSD). Proof of final PVPUSD approval shall be provided to the Director by the applicant. In the event that final PVPUSD approval involves substantive changes to the project as approved by the City, the applicant shall be responsible for obtaining the approval of a revision to this conditional use permit by the Planning Commission prior to installation of any improvements. 8. The location, height and appearance of the antenna panels, support equipment and fencing installed under this permit shall be substantially the same as depicted by the approved plans, the photographic simulations and the full-size mock-ups for this project The applicant shall provide the Director with copies of the final construction drawings for review and approval prior to the submittal of these plans to the Office of the State Architect for building permit plan check. 9. Pursuant to Section 17.76.020(A)(4)(c) of the City's Municipal Code, the applicant and landowner shall agree, in writing, to cooperate in possible future co -location of additional 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 for information from a potential shared -use applicant; and b. Negotiate in good faith for shared use by third parties. 10. The fence -mounted antenna panels that are hereby approved shall be painted a color that helps to camouflage them against the fence and surrounding foliage. The color shall be approved by the Director of Planning, Building and Code Enforcement before the antenna panels are painted. 11. The applicant and the property owner shall be responsible for protecting and maintaining the existing foliage adjacent to the fence in order to provide visual screening of the antenna panels, both during construction and after completion of the project. 12. The height and location of the existing 13 -foot -tall fence shall not be altered as a result of the installation of the approved antenna panels, as depicted on the approved plans 13 The 675 -square -foot lease area containing the support equipment shall be enclosed with an opaque, 8 -foot -tall screen fence, as depicted on the approved plans. If P.C. Resolution No. 2002-27 Page 6 of 7 desired by the property owner and applicant, or if required by the City in order to further screen the equipment from view from surrounding properties, trails and rights-of-way, the applicant shall be responsible for planting additional landscape screening and/or modifying the equipment enclosure with a trellis or similar type of cover, subject to the review and approval of the Director of Planning, Building and Code Enforcement. 14 Except in case of emergency, regular maintenance of the antennae and related support equipment shall only occur between the hours of 8:00 AM and 5 00 PM, Monday through Friday. 15 All service vehicles related to the maintenance of the antennae shall be parked off- street on the site, either in the parking area adjacent to the tennis courts at the Ladera Linda Community Center or in the dirt area at the end of the access road adjacent to the softball backstop at the Portuguese Bend Fields. No more than two (2) service vehicles are allowed on the site at any time. Except in case of emergency or for the installation or replacement of large pieces of equipment, service vehicles shall not be driven onto the playing fields If service vehicles are driven onto the playing fields in case of emergency or for the installation or replacement of large pieces of equipment, they shall be restricted to areas behind the softball backstop and along the fence line at the southerly edge of the fields, as depicted on the approved plans. 16. The support equipment for the antennae on the site, including any emergency generator, shall not generate noise levels in excess of 65 db, as measured at the property line of the subject property Any 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. 17 No permanent exterior lighting is permitted for the antenna panels or support equipment. Emergency lighting is only permitted for short, temporary periods of time in conjunction with emergency repairs or maintenance of the antennae and/or related support equipment, as deemed appropriate by the Director of Planning, Building and Code Enforcement. 18. The operation of antennae on the site shall at all times comply with the requirements, standards and regulations of the Federal Communications Commission (FCC). M 1Projects\ZON2002-00341 (Verizon-PVPUSD, 32201 Forrestal Dr)\PC Resolution 2002-27 doc P.C. Resolution No. 2002-27 Page 7 of 7