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PC RES 2003-024P.C. RESOLUTION NO. 2003-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT CASE NO. ZON2003-00019 TO ALLOW THE INSTALLATION OF TWELVE (12) 48" HIGH PANEL ANTENNAS ON THE FAQADE OF THE EXISTING BUILDING, TWO CONDENSING UNITS ALONG THE EAST SIDE OF THE EXISTING BUILDING, ON THE GROUND LEVEL, AND THE CONSTRUCTION OF AN EQUIPMENT ROOM WITHIN THE EXISTING BASEMENT OF THE BUILDING, ON PROPERTY LOCATED AT 29000 S. WESTERN AVENUE WHEREAS, on January 14, 2003, the applicant, Nextel Communications, submitted applications for Conditional Use Permit and Environmental Assessment Case No. ZON2003-00019 to allow the installation of twelve panel antennas, two condensing units, and one equipment room; and, WHEREAS, on May 5, 2003, the applications for Conditional Use Permit and Environmental Assessment Case No ZON2003-00019 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 Environmental Assessment No. ZN2003-00019 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, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 27, 2003, 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 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 PC. Resolution No 2003-24 Page 1 of 4 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 antennas and support equipment do not encroach into any required setback areas or exceed the height of the existing building; there is adequate off-street parking to meet the requirement for two (2) off-street parking spaces for maintenance and service vehicles; and the antennas do not require special markings or lighting to comply with Federal Aviation Administration (FAA) requirements 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 subject property is served by Western Avenue, 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 Nextel Communications. Section 3: 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 screening of the panel antennas to match the texture and color of the "tower" features would minimize their 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 Communications] Commission's regulations concerning such emissions," pursuant to the Telecommunications Act of 1996 Section 4: 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., screening the antenna panels with screening canisters, locating the condensing units in a location that is not readily visible from the street of access and locating the equipment room within the existing 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 " 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 of approval, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed and include screening the proposed panel antennas to match the texture and color of the P C. Resolution No. 2003-24 Page 2 of 4 "tower" features in order to reduce their visual impact, ensuring that the proposed panel antennas and screening canisters will not extend higher than the existing building to protect views from surrounding properties, 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). Section 7: The approval of Conditional Use Permit Case No ZON2003-00019 is consistent with the City's Wireless Communications Antenna Development Guidelines. Section 8: The approval of Conditional Use Permit Case No. ZON2003-00019 is consistent with the zoning and land use authority reserved to the City pursuant to the Telecommunications Act of 1996 Section 9: 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(N) 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 May 27, 2003, the date of the Planning Commission's final action. Section 10: 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 Case No. ZON2003-00019 thereby approving the installation of twelve (12) 48" high panel antennas on the facade of the former Fidelity Bank Building, the installation of two (2) condensing units along the ground level of the east side of the existing building, and the construction of a new equipment room within the existing basement of the building, on property located at 29000 S. Western Avenue, 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 P.C. Resolution No. 2003-24 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 27th day of May, 2003, by the following vote: AYES: Commissioners Cote, Lyon, Duran Reed, Tomblin, Cartwright, and Chairman Long NOES. None ABSTENTIONS None ABSENT: Vice Chair Mueller Thomas Long Chairman n CUE Joel kbjas-, AICD Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No. 2003- 24 Page 4 of 4 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. ZON2003-00019 1 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 twelve (12) 48" high panel antennas on the facade of the existing building Specifically, this approval allows the installation of four (4) panel antennas on the north fagade of the north "tower" feature, four (4) panel antennas on the south fagade of the "tower" feature, and four (4) panel antennas on the west fagade of the south "tower" feature Additionally, this approval is for the installation of two(2) condensing units on the east (rear) side of the existing building at ground level, and the construction of an equipment room within the existing basement of the building 3 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 Case No ZON2003-00019 by the Planning Commission and shall require a new and separate environmental review 4 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 CG district development standards of the City's Municipal Code 5 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 6 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. Exhibit "A , PC Resolution No 2003-24 Page 1 of 4 7. 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. 8. 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 9. 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, 11 The applicant shall obtain all required permits, including demolition permits, building permits, electrical permits, etc from the Building and Safety Division 12.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 13 Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 14. PRIOR TO THE ISSUANCE OF BUILDING PERMIT, 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 of information from a potential shared -use applicant, and b Negotiate in good faith for shared use by third parties 15. The new panel antennas shall be screened with canisters that cover the panels. 16 The screening canisters shall be consistent with the exterior material and the color of the "tower" features where they are located, and shall be maintained so as to continue to match the "tower" feature in the future. 17.The new panel antennas and screening canisters shall not exceed the height of the existing building Exhibit `W' P.C. Resolution No, 2003-24 Page 2of4 18 The new condensing units shall be located along the east facing facade of the existing building, so it is not visible from the street of access. 19 PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the applicant shall submit a landscape plan for review and approval by the Director of Planning, Building and Code Enforcement, indicating how the two condensing units located on the ground level will be screened from view PRIOR TO THE FINAL OF THE BUILDING PERMIT, and subject to review by the Director of Planning, Building, and Code Enforcement, the landscaping shall be installed, sufficiently grown to screen the condensing units from the parking lot. 20 The new equipment room shall be entirely located within the existing basement of the budding, and shall not alter the exterior of the building The new equipment room shall not be visible from the exterior of the building 21 The equipment room shall not be moved to the exterior of the building without prior approval from the Planning Commission 22. No cable trays shall be allowed on the exterior fagade of the existing building The cable trays proposed on the roof shall be flush -mounted on the roof, and shall be mounted behind the existing parapet wall and not be exposed to the public 23. The wires and cables to the antenna panels shall not be exposed 24 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. 25 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 occur during daylight hours. All exterior lighting shall conform to the provisions of Section 17 56 040 of the Rancho Palos Verdes Development Code. 26 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 `W' P.C. Resolution No. 2003-24 Page 3 of 4 27.The applicant shall submit periodic updates on wireless communications technology to the Director of Planning, Building, and Code Enforcement. The purpose of these updates is to identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure could be replaced or removed The frequency of these updates shall be every 3 years to 5 years or as needed, to be determined by the Director. 28 PRIOR TO THE FINAL OF THE BUILDING PERMITS, Staff shall conduct a site visit to ensure that the antenna panels are screened and the screening canisters are textured and painted to match the "tower" features they are located on. Exhibit "A" P.C. Resolution No. 2003-24 Page 4 of 4