PC RES 2003-052PC RESOLUTION NO. 2003-52
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A CONDITIONAL USE PERMIT
(CASE NO. ZON2003-00282) ALLOWING EIGHT CELLULAR ANTENNAS
(FOUR SECTORS, TWO ANTENNAS PER SECTOR) TO BE MOUNTED
TO THE FAgADE OF THE EXISTING BUILDING, FOR PROPERTY
LOCATED AT 6510 OCEAN CREST DRIVE
WHEREAS, on May 30, 2003, the applicant submitted a Conditional Use Permit
application requesting to construct eight cellular panel antennas (four sectors, two
antennas per sector) within four faux chimneys and related equipment on the roof of an
existing apartment building Staff completed the initial review of this application on
June 25, 2003, at which time the application was deemed incomplete On July 28, 2003,
the applicant submitted the remaining information to the City that was required in order to
complete the application, and,
WHEREAS, the Conditional Use Permit application was deemed complete by staff
on August 8, 2003, and,
WHEREAS, on November4, 2003, the applicant submitted a revised project, which
includes the elimination of faux chimneys and mounting the antennas on the facade of the
existing building, 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 Conditional Use Permit would have a
significant effect on the environment and, therefore, the proposed project has been found
to be categorically exempt under Class 1 (Section 15301), and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on September 9, 2003, September 23, 2003, October 14, 2003, and
November 11, 2003, at which time all interested parties were given opportunities to be
heard and present evidence, and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1. The approved project consists of eight cellular antennas (four sectors,
two antennas per sector) to be mounted on the facade of the existing four-story apartment
building Additionally, the approved project allows the related support equipment to be
mounted on the roof of the building, adjacent to the exterior of the existing stairwell
a
Section 2: The Conditional Use Permit is warranted since 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 under this section to integrate said use with those on adjacent land and within the
neighborhood. By facade mounting the equipment, the proposed project will not alter or
otherwise impact the existing yards, setbacks, walls, fences, and/or landscaping of the
subject site
Section 3: The Conditional Use Permit is warranted since the site for the
proposed use relates to streets and highways sufficient to carry the type and quantity of
traffic generated by the use. Since the cellular antennas are unmanned, only minimal
vehicle trips will be generated for maintenance and repairs. The surrounding streets are of
sufficient capacity to accommodate this negligible increase.
Section 4: The Conditional Use Permit is warranted since in approving the subject
use at the specific location, there will be no significant adverse effect on adjacent property
or the permitted use thereof. The use of furred walls and cornices that match the existing
cornices to disguise the antennas is harmonious with the aesthetics of the surrounding
residential properties. Furthermore, the use of the existing building negates the need to
construct anew tower in the area Finally, Federal Law requires that the applicant operate
and maintain the antennas within FCC guidelines, thus not significantly impacting the use
of other adjacent properties.
Section 5: The Conditional Use Permit is warranted since the proposed use is not
contrary to the General Plan. It is a goal of the General Plan to ensure adequate
communication services are provided to all residences, while maintaining the quality of the
environment The facility will meet this goal by increasing the capacity of the cellular
communication system, while utilizing a design that aesthetically complements the
residential neighborhood
Section 6: The Conditional Use Permit is warranted since conditions regarding
any of the requirements, which the Planning Commission finds to be necessary to protect
the health, safety and general welfare, have been imposed. As noted in the following
section (#7), this approval is subject to'the conditions of approval, which are attached
hereto and made a part hereof, and are necessary to protect the public health, safety and
welfare
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of these proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves the Conditional Use
Permit (Case No ZON2003-00282), thereby approving eight cellular antennas (four
sectors, two antennas per sector) to be mounted on the facade, and the related support
equipment to be mounted on the roof of the existing four story apartment building, subject
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El
to the conditions of approval, as contained in Exhibit "A", attached hereto and made a part
hereof, which are necessary to protect the public health, safety and welfare
Section 8: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.76.020, and
17 80 070 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 November 26, 2003
PASSED, APPROVED AND ADOPTED this 11 t" day of November 2003, by the following
vote:
AYES COTE, DURAN REED, TOMBLIN, MUELLER
NOES NONE
ABSTENTIONS LYON
ABSENT: CARTWRIGHT, LONG
oel�ojas�, AICP
)ireor of Planni
pec tare lo the F
I
Craig Mueller,
Vice Chairman
Building and Code Enforcement, and,
ning Commission
P C Resolution No 2003-52
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2003-52)
Conditional Use Permit (Case No. ZON2003-00282)
The Conditional Use Permit allows the construction of eight cellular antennas (four
sectors, two antennas per sector) to the fagade of the existing building. The first
sector will be located on the north fagade of the building, near the northwest corner,
under the eave line The second sector is located on the budding return of the east
fagade The third sector will be located on the center portion of the east fagade,
under the eave line The final sector is located on the center portion of the south
facade, under the eave Additionally, this approval allows the construction of four
equipment cabinets on the roof of the budding, on the west side of the stairwell
2 Approval of this Conditional Use Permit shall not be construed to mean any waiver
of applicable and appropriate zoning regulations, or any Federal, State, County, and
City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply
3 The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective date
of approval shall render this approval null and void
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section 17 86 070 of
the City's Development Code This approval shall become null and void if, after
initiating the "plan check" review process, or receiving a building permit to begin
construction, said "plan check" or permit is allowed to expire or is withdrawn by the
applicant
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6. Permitted hours of construction are 7.00 a.m. to 7:00 p.m. Monday through
Saturday No work is permitted on Sundays or legal holidays
7 The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8 The construction site, adjacent public and private properties shall be kept free of all
loose materials resembling trash and debris in excess of that material used for
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immediate construction purposes Such excess material may include, but not be
limited to the accumulation of debris, garbage, lumber, scrap metal, concrete
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
9 In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
10 All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction
11. The antennas shall be located behind furred walls, as noted on the plans stamped,
and dated the effective date of this approval, approved by the Planning
Commission
12. The furred walls and cornices shall be textured and painted to match the existing
building
13. With exception to the cable trays, all roof -mounted equipment related to this facility
shall be located behind a screen wall and shall not be taller than the screen wall.
The screen wall shall be the same height as the stairwell and shall be textured and
painted to match the stairwell, so as to maintain a continuous appearance of the
stairwell
14 Prior to the issuance of building permits, the applicant (Sprint PCS) and the
property owner shall submit a letter, which states that they agree 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. 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
painted to match the roof.
16. The wires and cables to the antenna panels shall not be exposed
17 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
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generator does not exceed 65 dBA, as measured from the closest adjacent property
line.
18 Any exterior maintenance lights within the equipment area shall be "downcast"
fixtures and shall 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.
19 The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from all property Imes 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
20 The applicant shall submit updates on wireless communications technology to the
Director of Planning, Building, and Code Enforcement every five years, or as
needed as determined by the Director 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 Additionally,
Sprint PCS shall keep on file with the City the name, address, and phone number of
a contact person for said updates The contact information shall be filed with
the Director of Planning, Building and Code Enforcement prior to the issuance
of building permits.
21 Prior to the issuance of building permits, the applicant shall submit proof to the
Director of Planning, Building, and Code Enforcement that the wireless facility
complies with all FCC standards and guidelines. Said proof shall be the form of a
letter or certification from the FCC.
22 Prior to the issuance of building permit final, planning staff shall inspect the site
to ensure compliance with the approved project and the conditions of approval
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