PC RES 2004-017P.C. RESOLUTION NO. 2004-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A REVISION TO CONDITIONAL
USE PERMIT NO. 191 (CASE NO. ZON2003-00655) ALLOWING THE
AFTER -THE -FACT INSTALLATION OF A SECOND EQUIPMENT CABINET
TO SERVICE FOUR EXISTING CELLULAR ANTENNAS ON THE ROOF
OF THE EXISTING APARTMENT BUILDING, FOR PROPERTY LOCATED
AT 6507 OCEAN CREST DRIVE.
WHEREAS, on August 13, 1996, the Planning Commission approved Conditional
Use Permit No 191, allowing Cingular Wireless (then known as Pacific Bell Mobile
Services) to install four wall mounted cellular antennas and two equipment boxes to the
roof of the apartment complex, located at 6507 Ocean Crest Drive During the installation
of the antennas Cingular only installed one of the equipment cabinets, therefore, pursuant
to Municipal Code Section 17 86 070 the approval for the second equipment cabinet has
expired, and,
WHEREAS, on February 24, 1998, the Planning Commission approved Conditional
Use Permit No 191, Revision `A', thereby allowing Nextel to install eight cellular antennas
on the stairway penthouse of the building Nextel was approved to relocate four of these
antennas to the north fagade of the building on April 10, 2001, and,
WHEREAS, on October 24, 2000, the Planning Commission approved Conditional
Use Permit No 191, Revision `B', thereby allowing AT&T Wireless to locate two cellular
antennas on the corner of the building, and,
WHEREAS, on October 3, 2002, Cingular Wireless submitted an application to
revise Conditional Use Permit No 191 (Case No ZON2002-00500), requesting to install
the second equipment cabinet. Staff deemed the application incomplete on October 29,
2002 Due to no further activity by the applicant, the application was administratively
withdrawn on June 19, 2003, and,
WHEREAS, on June 19, 2003, a Code Enforcement case was opened on the
subject parcel due to a non -permitted structure located on the roof of the apartment
building Further investigation indicated that Cingular Wireless installed the second
equipment cabinet without the benefit of building permits, and,
WHEREAS, on December4, 2003, the applicant submitted an after -the -fact request
for a Revision to Conditional Use Permit No 191 (Case No ZON2003-00655), a request to
allow the second equipment cabinet, which services the existing cellular antennas Staff
completed the initial review of the application on December 23, 2003, at which time it was
determined the application was incomplete On February 27, 2004, the applicant
submitted the remaining information needed to complete the application, and,
WHEREAS, the Revision to Conditional Use Permit No 191 (Case No ZON2003-
00655) application was deemed complete by staff on March 2, 2004, 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 Revision to Conditional Use Permit No. 191
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 nonce was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on April 13, 2004, 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 the installation of a second
equipment cabinet, which is mounted to the roof of the existing building, to service the
existing Cingular Wireless antennas
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 roof 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 exist the additional equipment
cabinet will not generate additional vehicle trips. The surrounding streets are of sufficient
capacity to accommodate the existing traffic
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 the existing building negates the need to
construct a new tower in the area, thus avoiding a negative visual impact to 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
P.C. Resolution No 2004-17
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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 does not have a negative visual impact
to the surrounding 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 Revision to
Conditional Use Permit No. 191 (Case No ZON2003-00655), thereby approving the
installation of a second' equipment cabinet, which is mounted to the roof of the existing
building, to service the existing Cingular Wireless antennas, subject 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, ant with the appropriate appeal fee, no later than April 28, 2004
PASSED, APPROVED AND ADOPTED this 13th day of April 2004, by the following vote:
a
AYES COTE, GERSTNER, KARP, KNIGHT, TETREAULT, VAN WAGNER. MUELLER
NOES: NONE
ABSTENTIONS NONE
ABSENT: NONE
Craig Mueller,
A --f � �1-
Chairman
EJoel oras, A CP
ire or of PI nin , Building and Code Enforcement; and,
retary to the Planning Commission
P.0 Resolution No. 2004-_U
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-17)
Revision to Conditional Use Permit No. 191 (Case No. ZON2003-00655)
1. This Revision to Conditional Use Permit No. 191 (Case No. ZON2003-00655) allows
the installation of a second equipment cabinet, which is mounted to the roof of the
existing building, to service the existing Cingular Wireless antennas
2 Approval of this Revision to Conditional Use Permit No 191 (Case No. ZON2003-
00655) 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 Unless modified herein, all Conditions of Approval contained in P.C. Resolution
Nos. 96-21,98-08, 2000-38, and 2001-05, granted in association with Conditional
Use Permit No. 191 and all revisions, shall be complied with at all times
4 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.
5 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
6 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.
7. 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
8 The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
9. 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.
10 In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
11. The applicant shall obtain all applicable permits required by the Building and Safety
Division for the equipment cabinet
12. No new cable trays shall be allowed on the exterior facade of the existing building
Any new cable trays proposed as part of this protect shall be flush -mounted on the
roof and shall be painted to match the roof
13 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 another revision to Conditional Use
Permit No 191 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.
14. 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.
15. The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from all property lines 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.
16 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,
Cingular Wireless 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.
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17. 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
18. Both equipment cabinets shall be painted to match the fagade of the elevator and
stairwell penthouses.
19. 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
P.C. Resolution No 2004-17
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