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PC RES 2003-047P.C. RESOLUTION NO. 2003- 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO ZON2003-00283 FOR A CONDITIONAL USE PERMIT ALLOWING A COMMERCIAL ANTENNA FACILITY CONSISTING OF THE REPLACEMENT OF AN EXISTING 28 - FOOT -HIGH LIGHT POLE WITH A 28 -FOOT -HIGH POLE SUPPORTING TWO ANTENNA PANELS AND RELATED EQUIPMENT FOR SPRINT PCS, LOCATED ON THE UPPER TERRACE OF THE PARKING LOT AREA AT 7000 LOS VERDES DRIVE (LOS VERDES GOLF COURSE). WHEREAS, on May 30, 2003, the Trillium Telecom Services, representing applicant Sprint PCS and landowner Los Angeles County, submitted a Conditional Use Permit application to allow the installation of a commercial antenna facility in the parking lot area of the Los Verdes Golf Course, located at 700 Los Verdes Drive, and, WHEREAS, on June 20, 2003, the application was deemed incomplete by Staff pending the submittal of additional information, and, WHEREAS, on September 25, 2003, upon submittal of the necessary information, including the installation of mock-up antenna panels, the project was 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 Case No ZON2003-00283 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 2 (Replacement or Reconstruction) since the project involves replacement of an existing light pole at the same location, 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 14, 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 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 and height, and will be 3/4 -inch wider in diameter Further, the location of the replacement pole exceeds the minimum 25 -foot setback required by the Development Code, adequate off-street parking for the antenna P C Resolution No 2003 - 47 Page 1 facility is provided, and fencing and landscaping to screen the equipment will be provided Lastly, the closest residence to the pole is 250 feet to the east, and the residences are at a higher elevation and separated by a transitional slope that results in a difference in elevation of approximately 85 -feet. 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 directly served by Los Verdes Drive, which is a roadway accessing from Hawthorne Boulevard and terminating at the subject site. 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 new pole will be the same height, the light fixture arm will be lowered to accommodate two antenna panels that are shorter than typical panels, thereby eliminating the visual appearance continuing the substantial appearance of a. light pole. Further, since there is an existing pole at the same location that is slightly 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 new pole being the same height as the existing pole, the difference in elevation, and the direction and angle of views from the residences at the top of the hill, which is at least 85 feet higher in elevation, the new pole will not project into the views of the ocean, and the new pole will not be apparent nor be obtrusive since there is an existing light pole and there is existing foliage in the area that obscures visibility of the pole Lastly, to ensure continual uniformity with the other light poles, conditions have been incorporated that require the new pole to be constructed with a material and color that results in the same appearance as the other light poles. 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 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 a golf course. Further, since there is an existing light pole, replacing it with a new pole will not be apparent and does not create a new aesthetic feature that was not previously existing 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 P C. Resolution No. 2003 - 47 Page 2 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 Case No. ZON2003-00283 for a Conditional Use Permit is consistent with the local zoning authority reserved to the City under 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 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 14, 2003, 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 Case No. ZON2003-00283, for a Conditional Use Permit, 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. PASSED, APPROVED, and ADOPTED this 14th day of October 2003 by the following roll call vote: AYES' Cartwright, Long, Lyon, Mueller, Tomblin NOES Norie ABSTENTIONS: Duran Reed ABSENT. Cote .lo Ro� s, k Di ecto of PlanUmBuilding and Co nforcemnd, Secretary to the Planning Commission P C. Resolution No 2003 - 47 Page—3 Exhibit "A" Conditions of Approval Case No. ZON2003-00283 (Conditional Use Permit) Prior to any improvements, construction or grading, the applicant and 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 Case No. ZON2003-00283 is for a Conditional Use Permit, allowing for the following protect: remove an existing 28 -foot -high light pole with a 7 -inch diameter in the parking lot area of the Los Verdes Golf Course, and replace it with a new 28 -foot high light pole with a maximum diameter of 7% -inches at the same location The new pole will contain two (2) antenna panels, and a light fixture arm will be lowered. Lastly, equipment cabinetry is approved adjacent to the pole, in an existing landscaped area surrounded by a wall and gate with an area of approximately 180 square feet 3. The maximum height of the new pole shall not exceed 28 -feet as measured from existing grade, as measured from finish grade elevation of 693 30' to the top of the pole elevation of 721.30' POLE HEIGHT CERTIFICATION BY A REGISTERED CIVIL ENGINEER SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT PRIOR TO INSTALLATION OF THE ANTENNA PANELS. 4 The new pole shall maintain a maximum base diameter of 731 -inches, taper 0 1795" per foot to 5Y2 -inches at mid height, and 4 -inches at the top of the pole. POLE DIMENSION CERTIFICATION BY A REGISTERED CIVIL ENGINEER SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT PRIOR TO INSTALLATION OF THE ANTENNA PANELS. 5 The new pole shall be constructed of a steel or other exterior material to match the other existing poles in the parking lot 6 A maximum of two (2) antenna panels are approved under this permit. 7. The maximum dimension of each panel antenna shall be limited to 2'-8" tall, by 12" wide, and 4" deep. 8 The back of each panel antenna closest to the pole shall not project for than 6 - inches from the pole, for a total of a 10 -inch projection as measured from the pole to the outside of the panel P C. Resolution No 2003 - 47 Page 4 9 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. 10. 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 its preexisting conditions. Since the area where the project is approved is a landscaped planter area, the landscaping shall be replaced over the undergrounded cables, wires and cable chases 11 The existing projecting "arm" light fixture shall be replaced on the pole at a height of 20 -feet. The material and light fixture shall be oriented downward and match the other existing light fixtures in the parking lot. 12 The equipment cabinetry shall be enclosed by a block wall and gate, and limited to 180 square feet. The maximum height of the wall and gate shall be limited to 6 -feet. 13 The block wall shall be screened by a hedge or other landscaping that can adequately screen the appearance of the wall to the satisfaction of Staff. 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. 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 17 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. 18. Prior to removal of the existing light pole, 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 P C. Resolution No 2003 - 47 Page 5 b) Negotiate in good faith for shared use by third parties. 19. In addition to any other public agency permits, the applicant shall obtain permits and inspections from the City of Rancho Palos Verdes Building and Safety Division to ensure compliance with the aforementioned conditions. 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 20. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. F; M � �9 H! I, rOW111141 M, I M I