CC RES 2002-023 RESOLUTION NO. 2002-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING A MITIGATED
NEGATIVE DECLARATION THUS MAKING CERTAIN
ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH
ENVIRONMENTAL ASSESSMENT NO. 720 AND
CONDITIONAL USE PERMIT NO. 207 TO ALLOW THE
PROPOSED COMMERCIAL USE OF EXISTING
ANTENNAE ON AN EXISTING ANTENNA SUPPORT
STRUCTURE, LOCATED AT 44 OCEANAIRE DRIVE IN
THE DEL CERRO NEIGHBORHOOD
WHEREAS, on July 12, 1999, September 30, 1999, and January 21, 2000,
Mr. Abrams submitted applications and supplemental information for Conditional Use
Permit No. 207 and Environmental Assessment No. 720 to allow the commercial use of
certain of the existing antennae on the existing antenna support structure on his
property in the Del Cerro neighborhood; and,
WHEREAS, on January 31, 2000, the applications for Conditional Use Permit
No. 207 and Environmental Assessment No. 720 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), the City of Rancho Palos Verdes prepared an Initial Study
and determined that the approval of Conditional Use Permit No. 207 could result in a
significant adverse effect upon the environment unless mitigation measures were
imposed and, therefore, a draft Mitigated Negative Declaration has been prepared and
notice of same was given in the manner required by law; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code and the State CEQA Guidelines, the Planning
Commission held a duly noticed public hearing on April 25, 2000, and May 9, 2000, at
which time all interested parties were given an opportunity to be heard and present
evidence; and,
WHEREAS, on May 9, 2000, the Planning Commission adopted P.C. Resolution
No. 2000-12, thereby denying the application for Conditional Use Permit No. 207 with
prejudice; and,
WHEREAS, on May 10, 2000, within the 15-day appeal period prescribed by
Section 17.80.070 of the Rancho Palos Verdes Development Code, Mr. Abrams
appealed the Planning Commission's denial of Conditional Use Permit No. 207 to the
City Council; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly noticed public hearing on
June 6, 2000, and July 5, 2000, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, after the public hearing was closed on July 5, 2000, the applicant
objected to some of the information that had been submitted to the City Council during
the public hearing and also sought to present additional information to the City Council,
even though the public hearing already had been closed; and,
WHEREAS, in order to address Mr. Abrams' concerns, on July 18, 2000, the City
Council directed staff to re-notice the public hearing so that it could be re-opened and
any additional information that is relevant to the application could be considered by the
City Council prior to making a decision on the application; and,
WHEREAS, the re-opened public hearing was held on August 15, 2000, at which
time all interested parties were given an opportunity to be heard and present evidence
that had not been presented previously to the City Council; and,
WHEREAS, on August 15, 2000, the City Council adopted Resolution No. 2000-
53, thereby denying the application for Conditional Use Permit No. 207 with prejudice;
and,
WHEREAS, on August 24, 2000, Mr. Abrams filed suit against the City in Federal
court in order to overturn the City's action on the grounds that it violated the
Telecommunications Act of 1996; and,
WHEREAS, on January 9, 2002, the United States District Court for the Central
District of California ruled in the case of Abrams v. Rancho Palos Verdes and vacated
the City's denial of Mr. Abrams' application for Conditional Use Permit No. 207; and,
WHEREAS, on February 25, 2002, the United States District Court for the
Central District of California subsequently denied Mr. Abrams' petition for damages in
the case of Abrams v. Rancho Palos Verdes and ordered the City to issue Conditional
Use Permit No. 207 without requiring Mr. Abrams to modify the size, height, location or
configuration of the existing antennae support structure and array; and,
WHEREAS, the City revised the Mitigated Negative Declaration originally
prepared pursuant to Environmental Assessment No. 720 to incorporate mitigation
measures to reduce the aesthetic impacts of the existing antenna support structure and
array to the extent feasible, in accordance with the Court's order and in compliance with
the provisions of CEQA; and
Resolution No. 2002-23
Page 2of6
WHEREAS, on March 18, 2002, the United States District Court for the Central
District of California entered its judgment in the case of Abrams v. Rancho Palos
Verdes, ordering the City to issue Conditional Use Permit No. 207 by April 2, 2002 and
allowing the imposition of reasonable conditions that are consistent with the Court's
order of January 9, 2002; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code and the State CEQA Guidelines, the City Council held
a duly noticed public hearing on March 19, 2002, March 25, 2002 and April 2, 2002 to
reconsider Conditional Use Permit No. 207 and Environmental Assessment No. 720, at
which time all interested parties were given an opportunity to be heard and present
evidence
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The subject application would permit the conversion of an existing
52%-foot-tall antenna support structure and array from amateur use only to both
amateur and commercial use. There will be no change in the number or type of
antennae or the height, location or configuration of the antenna tower. The subject
property is currently improved with a single-family residence. The City Council finds
that the proposed project is permitted within the RS-2 zoning district provided that a
conditional use permit is issued and that the commercial use of the existing antennae
and support structure would not result in significant adverse environmental impacts. In
making this finding, the City Council considered the project's mitigation measures, which
address the issues of Aesthetics and Cumulative Impacts.
Section 2: With respect to aesthetics, the City's Development Code and
Wireless Communications Antenna Development Guidelines require antenna towers to
be screened to the maximum extent feasible in order to reduce their visual impacts
upon surrounding properties. In previous approvals for commercial antennae in the
City, this screening has usually been accomplished by requiring antennae and antenna
towers to be painted to blend into the background and/or by planting screening foliage.
Although the existing antenna support structure and array does not significant impair the
protected view from and surrounding residences, the aesthetic impacts of the structure
also include its negative visual impacts upon the general scenic character of the
neighborhood. These impacts are related to the height of the existing tower and
antenna array as compared to other features in the neighborhood. The 52%-foot-tall
tower is much taller than all the residences in the immediate area, and many of the
lighter-colored elements of the structure stand out visually against the background sky
and foliage. As a result of the recent court decision in the case of Abrams v. Rancho
Palos Verdes, the City cannot require the existing antenna support structure and array
to be modified in any way that reduces the number, size or height of the existing
Resolution No. 2002-23
Page 3 of 6
antennae or the tower itself. However, changing the color of the existing antenna
support structure and array to a more uniform neutral color would help it to blend into
the background sky and foliage. Prohibiting any lighting on the antenna tower will also
reduce adverse visual impacts. There is also a large tree adjacent to the antenna tower
that helps to screen and camouflage the tower, which should be retained and
maintained in a manner to continue to provide this level of screening. In addition, two
(2) more trees are required to be planted for screening purposes. As such, the City
Council finds that imposition of mitigation measures regarding the color of the tower and
the retention of existing screening foliage will reduce the aesthetic impacts of the project
to less-than-significant levels.
Section 3: With respect to cumulative impacts, the proposed project does not
include any physical modification or alteration of the existing, developed site. The direct
environmental impacts of the project are limited to the effects related to the operation
and maintenance of the commercial antennae, but these effects are expected to be less
than significant. However, the indirect aesthetic impacts of the project are potentially
cumulatively considerable. Although there are no similar projects existing or currently
proposed on other properties in the immediate vicinity of the project site, the topography
and geographic orientation of the neighborhood make it a desirable site for both
amateur and commercial radio use. It is possible that a similar tower for either
commercial or amateur use could be proposed on a nearby site at some future date. In
order to address the potential for future cumulative impacts of this project, any future
modifications to the existing antenna support structure and array that involve additional
antennae or changes in the height or configuration of the antenna tower should require
the approval of revision to Conditional Use Permit No. 207 by the City. As such, the
City Council finds that imposition of a mitigation measure regarding future modifications
of the existing antennae support structure and array will reduce the cumulative impacts
of the project to less-than-significant levels.
Section 4: For reasons discussed in the Initial Study, which is incorporated
herein by reference, the project will not have any potential to achieve short-term, to the
disadvantage of long-term, environmental goals, nor would the project have
environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly.
Section 5: The applicant has consulted the lists prepared pursuant to Section
65962.5 of the Government Code and has submitted a signed statement indicating
whether the project and any alternatives are located on a site which is included on any
such list, and has specified any such list. The Lead Agency has consulted the lists
compiled pursuant to Section 65962.5 of the Government Code, and has certified that
the development project and any alternatives proposed in this application are not
included in these lists of known Hazardous Waste and Substances Sites as compiled by
the California Environmental Protection Agency.
Resolution No. 2002-23
Page 4 of 6
Section 6: The mitigation measures set forth in the Mitigation Monitoring
Program, attached hereto as Exhibit 'A', are incorporated into the scope of the proposed
project. These measures will reduce potential significant impacts identified in the Initial
Study to a less than significant level.
Section 7: For the foregoing reasons and based on its independent review and
evaluation of the information and findings contained in the Initial Study, Staff Reports,
minutes, and records of the proceedings, the City Council has determined that the
project as conditioned and mitigated will not result in a significant adverse impact on the
environment and, therefore, adopts the Mitigated Negative Declaration making certain
environmental findings in association with Environmental Assessment No. 720 and
Conditional Use Permit No. 207 to allow the proposed commercial use of existing
antennae on an existing antenna support structure, located at 44 Oceanaire Drive in the
Del Cerro neighborhood.
Section 8: The City Council is adopting this Mitigated Negative Declaration for
the subject commercial use at this specific location in order to comply with the order of
the United States District Court issued on January 9, 2002 and March 18, 2002. If that
order is reversed, the City Council hereby reserves the right to vacate this Resolution
and decision and reinstate its prior decision denying the conditional use permit or, in the
alternative, to reopen the hearing to consider adopting additional mitigation measures to
further reduce the environmental impacts of the project, including but not limited to the
reduction in the height and bulk of the existing antenna support structure and array.
Resolution No. 2002-23
Page 5 of 6
PASSED, APPROVED, AND ADOPTED this 2nd day of April 2002, by the following
vote:
AYES: Councilmembers Clark, Ferraro and Gardiner, Mayor Pro Tern
Stern and Mayor McTaggart
NOES: none
ABSTENTIONS: none
ABSENT: none
AA 47 Amid / 411r /
Ma .r
ATTEST:
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City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2002-23 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on April 2, 2002.
City Clerk
M:\Projects\CUP 207_EA 720(Abrams)-Reconsideration\Resolution No.2002-23.doc
Resolution No. 2002-23
Page 6of6
Exhibit'A )
Mitigation Monitoring Program
Project: Environmental Assessment No. 720 for Conditional Use Permit 207
Location: 44 Oceanaire Drive, Rancho Palos Verdes, CA 90275
Applicant/
Landowner: Mark Abrams
TABLE OF CONTENTS
I. Introduction ............................................................................................................ ............................... 2
II. Management of the Mitigation Monitoring Program .............................................. ............................... 3
Rolesand Responsibilities .................................................................................... ............................... 3
Mitigation and Monitoring Program Procedures .................................................... ............................... 3
Mitigation Monitoring Operations ........................................................................... ...............................
3
III. Mitigation Monitoring Program Checklist ............................................................... ............................... 5
IV. Mitigation Monitoring Summary Table ................................................................... ............................... 6
Mitigation Monitoring Program
Exhibit A - Page 1 Resolution No. 2002 -23
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), to allow the conversion of an existing, 52/2- foot -tall antenna
support structure and array from amateur use only to both amateur and commercial use, located at 44
Oceanaire Drive in the City of Rancho Palos Verdes, responds to Section 21081.6 of the Public Resources
Code. Section 21081.6 requires a lead or responsible agency that approves or carries out a project where a
Mitigated Negative Declaration has identified significant environmental effects, to adopt a "reporting or
monitoring program for adopted or required changes to mitigate or avoid significant environmental effects."
The City of Rancho Palos Verdes is acting as lead agency for the project.
An Initial Study /Mitigated Negative Declaration was prepared to address the potential environmental impacts of
the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or
avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation
reporting or monitoring program is required to ensure that the adopted mitigation measures under the
jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative
Declaration.
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as
amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of
CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP
complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for
implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a)
of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project
which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on
the environment. The reporting or monitoring program shall be designed to ensure compliance during project
implementation. For those changes which have been required or incorporated into the project at the request of
an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so
requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program."
Mitigation Monitoring Program
Exhibit A - Page 2 Resolution No. 2002 -23
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre - grading,
construction, and operation. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of filing requirements and compliance verification.
The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the
Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the
method of verification of compliance; the timing of verification; the department or agency responsible for
implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes department of Planning, Building, and Code
Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of
Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification
section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when
the monitoring of a mitigation measure is completed.
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation
measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide
to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist
indicating the mitigation measures for which the person is responsible and other pertinent information.
3: The party responsible for monitoring shall then verify compliance and sign the Compliance Verification
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation Monitoring Program
Exhibit A - Page 3 Resolution No. 2002 -23
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another
City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation
measures are refined, the Director of Planning, Building, and Code Enforcement would document the change
and shall notify the appropriate design, construction, or operations personnel about refined requirements.
Mitigation Monitoring Program
Exhibit A - Page 4 Resolution No. 2002 -23
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of
Rancho Palos Verdes on May 8, 2001. Mitigation measures are listed in the order in which they appear in the
Initial Study.
Types of measures are project design, construction, operational, or cumulative.
Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance Verification provides space for future reference and notation that compliance has
been monitored, verified, and is consistent with these mitigation measures.
MAProjects \CUP 207—EA 720 ( Abrams)- Reconsideration \Mitigation Monitoring Program.doc
Mitigation Monitoring Program
Exhibit A - Page 5 Resolution No. 2002 -23
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
AESTHETICS,
1. At all times, the applicant shall maintain the color
of the entirety of the antenna tower and all of the
antennae and radiating elements located thereon, in
a neutral color, such as gray, gray -green or gray -
blue, that will blend with the background foliage and
the sky, to the satisfaction of the Director. Within
ninety (90) days of the date of the City's final action
on this permit, the applicant shall paint the white or
lighter colored portions of the antenna support
structure and array in a neutral color that has been
approved by the Director. The applicant shall
provide the Director of Planning, Building and Code
Enforcement with a selection of possible colors for
approval prior to the painting of any portion of the
Project Design/
Within ninety (90) days after
Applicant/Developer
antenna support structure and array. At the
Operational
approval by the City
Director's discretion, any portion of the antenna array
may be left unpainted if, in its unpainted state, it
conforms to the intent of this condition and
substantially matches the existing gray color of the
antenna support structure. In addition, the Director
reserves the right to require the applicant to paint
additional portions of the antenna support structure
and array at any time that the Director finds that
additional painting of some elements of the antenna
support structure and array is necessary to further
reduce the aesthetic impacts of the antenna tower
and the radiating elements and antennae located
thereon.
2. The existing tree in the rear yard of the subject
property, as depicted in photographs of the property
taken on March 18, 2002 and kept in the City's files,
provides screening for the existing antenna tower.
Project Design/
g
Within ninety (90) days after
Within ninety (90) days of this approval, the applicant
Operational
approval by the City and on-
Applicant/Developer
shall meet with the Director to obtain approval b the
pp Y
going
g g
Director to trim only those portions of the tree that
could damage the antenna tower and the roof of the
residence while still maintaining an appropriate level
Mitigation Monitoring Program
Exhibit A - Page 6 Resolution No. 2002 -23
MITIGATION MEASURES
TYPE
TIME OF
IMPLEMENTATION
RESPONSIBLE
ENTITY
COMPLIANCE
VERIFICATION
of visual screening of the tower. Following the
trimming, the tree shall be photographed by Staff,
and the applicant shall maintain the tree, to the
Director's satisfaction, in size and fullness so as to
continue to provide a similar degree of screening for
the antenna tower. In the event that this tree dies or
is felled by an act of God or any other intentional or
unintentional act, it must be replaced by another tree
of an evergreen variety that is at least a twenty -four-
inch (24 ") box size tree. In addition, the applicant
shall plant two (2) additional 24- inch -box evergreen
in the rear yard of the property. One tree shall be
planted in the lawn area to the north of the existing
antenna tower, and the other tree shall be planted in
the lawn area behind the garage, based upon the
April 24, 2000 site plan in the City's files. These
additional trees must be allowed to grow to a
sufficient height to screen the antenna tower. In the
event that these additional trees die or are felled by
an act of God or any other intentional or unintentional
act, they must be replaced by another tree of an
evergreen variety that is at least a twenty- four -inch
(24 ") box size tree. The trees may be trimmed as
necessary to protect other structures on the subject
property and adjacent properties while still
maintaining visual screening of the antenna tower, to
the satisfaction of the Director. The applicant shall
also allow the existing shrubs along the easterly
property line and the trees in the front yard to grow to
a height that will screen the tower and be maintained
at that height, as determined by, and to the
satisfaction of, the Director.
3. No lights may be placed upon the antenna
tower, nor may it be otherwise illuminated in any
manner. This condition shall not restrict the use of
Project Design/
On-going
g g
Applicant/Developer
hand -held lighting, nor the use of temporary lighting
Operational
during the performance of emergency repairs.
Mitigation Monitoring Program
Exhibit A - Page 7 Resolution No. 2002 -23
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION F ENTITY VERIFICATION
L T
CUMU 1/E A I I M FACTS
1. No additional antennae may be added to the
existing antenna support structure without prior City
approval of a revision to this conditional use permit.
Existing antennae on the antenna support structure Prior to any future modification
may be removed and replaced for maintenance and Cumulative of the existing antenna support Applicant/Developer
repair purposes, but the replacement antenna(e) structure and array
must be the same size (or smaller), same height (or
lower), same type and same location as the
antennae they are replacing.
Mitigation Monitoring Program
Exhibit A - Page 8 Resolution No. 2002 -23