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CC RES 2002-024 RESOLUTION NO. 2002-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 207, THEREBY APPROVING THE COMMERCIAL USE OF EXISTING ANTENNAE AND AN EXISTING ANTENNA SUPPORT STRUCTURE AND OTHER RELATED EQUIPMENT ON THE SITE OF A SINGLE- FAMILY RESIDENCE, LOCATED AT 44 OCEANAIRE DRIVE IN THE DEL CERRO COMMUNITY WHEREAS, on January 8, 1990, the applicant/appellant, Mark Abrams, received approval of an application for Site Plan Review No. 5322 to permit the construction of a 40- foot-tall amateur radio antenna support structure and array on his property at 44 Oceanaire Drive in the Del Cerro neighborhood, which could be used only for amateur radio communications and was conditioned expressly to exclude commercial operations; and, WHEREAS, on January 19, 1998, Mr. Abrams received approval of an application for Site Plan Review No. 8017 to permit the construction of a second, similar amateur radio antenna support structure and array on the same property; and, WHEREAS, on January 20, 1998, the City's approval of Site Plan Review No. 8017 was appealed to the Planning Commission by Karyl Newton, the owner of the adjacent property at 46 Oceanaire Drive; and, WHEREAS, at a duly noticed public hearing on the appeal of Site Plan Review No. 8017, Mr.Abrams admitted that there was at least one antenna on the existing support structure and array that was used for commercial purposes, and evidence was also presented to the Planning Commission which confirmed this commercial use and demonstrated that the existing antenna support structure and array was taller than forty feet (40'0"); and, WHEREAS, the Planning Commission's consideration of the appeal of Site Plan Review No. 8017 was continued to a date certain, and was subsequently tabled by the imposition of a moratorium on applications for second antenna support structures, and the application subsequently was voided by the enactment of revisions to the City's antenna regulations; and, WHEREAS, the City investigated the allegations regarding the height of the existing antenna support structure and array and found that Building Permit No. 9827 had been erroneously issued and finaled in 1990 to allow the antenna support structure and array to exceed the 40-foot height limit; and, WHEREAS, the City obtained warrants from the court and retained an expert in the field of radio transmissions, Dr. Henry Richter, to monitor transmissions from the site in connection with an investigation of the allegations regarding commercial use of the existing antennae and found that the allegations were valid. Subsequently, on June 29, 1999, the Los Angeles County Superior Court granted the City's motion for a preliminary injunction, and on September 13, 1999, the court issued its written order, preventing Mr.Abrams from using the antennae for commercial purposes unless and until the City approved a conditional use permit for that use; and, WHEREAS, Section 17.76.020(A) of the Rancho Palos Verdes Municipal Code requires an individual to obtain a conditional use permit to install or operate a commercial antenna within the City of Rancho Palos Verdes ("City"). Section 17.96.090 defines the term "commercial antenna" as follows: "'Commercial Antenna' means all antennas, parabolic dishes, relay towers and antenna support structures used for the transmission or reception of radio, television and communication signals for commercial purposes. For the purpose of this definition, `commercial purposes' shall mean communications for hire or material compensation, or the use of commercial frequencies, as these terms are defined by the Federal Communications Commission (FCC). `Commercial antennas' shall not include antennas owned or operated by governmental agencies; and microcell cellular antennas, owned and operated by state licensed cellular telephone utility companies, located on existing utility poles within the public right-of-way." Under these provisions of the Rancho Palos Verdes Municipal Code, the applicant, Mr. Abrams, was required to obtain a conditional use permit from the City to use his existing antennae and antenna support structure to broadcast on commercial frequencies, as determined by the Federal Communications Commission ("FCC"); and, 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 Resolution No. 2002-24 Page 2 of 15 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 was 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, Resolution No. 2002-24 Page 3 of 15 WHEREAS, although the applicant had previously asserted that commercial transmissions from the subject property originated from temporary tripod antennae located in the rear yard and not from the existing antenna tower, the City's consultant, Dr. Richter, did not see such temporary antennae during the monitoring of commercial transmissions from the site. In addition, based upon the review of FCC licensing data, the numerous commercial frequencies licensed by the FCC to operate at the subject property are designed to operate from a freestanding tower at elevations from nine meters (9m) to fourteen meters (14m) above the ground. However, if temporary tripod antennae were used at the site but were not tall enough to be observed from adjacent properties by Dr. Richter, they could not have been anywhere near nine meters (9m) in height, much less the maximum height of the existing tower, which is approximately fourteen meters (14m). Therefore, it is reasonable for the City Council to conclude that the existing antenna tower was used for commercial purposes, and that the appellant's claims to the contrary were false. WHEREAS, on August 24, 2000, Mr. Abrams filed suit against the City in Federal District Court in order to overturn the City's decision 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, in accordance with the Court's order and in compliance with the provisions of CEQA; and 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, the City Council held a duly noticed public hearing on March Resolution No. 2002-24 Page of 15 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 DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Pursuant to the order of the United States District Court, the City Council hereby approves the application for Conditional Use Permit No. 207 to legalize the use of the existing antenna support structure and array on the site for commercial purposes: A. For the purposes of this determination on the subject application and throughout this Resolution, the term "existing antenna support structure and array" and its variants refers only to the antenna support structure and antenna array depicted in the plans submitted to the City by the applicant on April 24, 2000,. as part of his application for a conditional use permit, and in the photograph submitted by the applicant that is in the City's file for Conditional Use Permit No. 207 and Environmental Assessment No. 720. The term "existing antenna support structure and array" and its variants, therefore, does not include any parts, elements, components or other features of the antenna support structure and/or antenna array that are not depicted on the plan submitted on April 24, 2000, or in the above- mentioned photograph. However, if any changes have been made to the antennae or the support structure after the applicant submitted the plan on April 24, 2000 and before the date of the ruling of the United States District Court on March 18, 2002, the applicant shall submit a revised plan depicting the antenna support structure ~ and the number and configuration of the existing antennae located thereon within (90) ninety days of the date of the City's final action on this application. This plan shall be retained in the City's files and used as a basis for determining compliance with the conditions of approval for this project. B. The site for the proposed use has adequate space for off-street parking of service vehicles and 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 Oceanaire Drive, which is a public residential street. Aside from normal residential traffic associated with the existing house, the only additional traffic expected to result from the proposed project is an occasional service vehicle, and would rarely involve large trucks or other equipment that could adversely affect local traffic for any extended period of time. Any adverse effects of any additional traffic are mitigated by the conditions of approval imposed by this approval. Resolution No. 2002-24 Page 5 of 15 C. The City Council is approving the subject commercial use at this specific location in order to comply with the order of the United States District Court issued on 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. In approving the conditional use permit, conditions are being imposed as part of this approval to reduce the impacts of the antenna tower and the commercial use on the surrounding residential neighborhood to the extent feasible and in compliance with the order of the United States District Court. Although service personnel would visit the site periodically, any impacts related to the maintenance and operation of the existing antennae would be very minor and have no significant adverse effects on surrounding properties. The existing antennae are visible from surrounding homes in the Del Cerro community. The approval of this proposal will be conditioned to require the existing antenna support structure and array to be painted to blend better into the background sky and foliage, and no future changes to the height, size, number, location or configuration of the antennae will be permitted without an amendment to this conditional use permit that is approved by the Planning Commission. D. Any issues related to interference impacts upon electronic and other types of equipment, and actual or perceived effects upon human health, are strictly within the purview of the FCC, since Telecommunications Act of 1996 prohibits the City 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 [FCC's] regulations concerning such emissions." E. The required finding that, if the site of the proposed use is within any of the overlay control districts established by RPVDC Chapter 17.40 (Overlay Control Districts), the proposed use complies with all applicable requirements of that chapter, is not applicable because the subject property is not located within any of the overlay control districts established by RPVDC Chapter 17.40. F. Conditions of approval, which the City Council finds to be necessary to protect the health, safety and general and which comply with the order of the United States District Court, have been imposed and include (but are not limited to) painting the existing antennae support structure and array; maintaining the existing screening foliage on the property and requiring two (2) additional trees to be planted for screening purposes; prohibiting any further modifications to the existing antennae support structure and array without first obtaining approval of a modification to this conditional use permit; limiting regular maintenance hours for the exterior commercial antennae and equipment to 8:00 AM to 5:00 PM, Monday through Resolution No. 2002-24 Page 6 of 15 Friday; precluding illumination of the antenna tower, requiring the applicant to obtain and maintain a valid business license; and reviewing the project for compliance with all conditions of approval within six (6) months of the date of the City's final action on the application. These conditions are imposed through the City's authority over placement, construction and modification of personal wireless service facilities, as expressly reserved to local government under the Telecommunications Act of 1996 and in compliance with the order of the United State District Court in the case of Abrams v. Rancho Palos Verdes. G. The required findings that no existing or planned tower can accommodate the applicant's proposed antenna or proposed service area, or that the proposed tower cannot be located on the site of an existing or planned tower, are not applicable because the proposed project does not involve the construction or placement of a new antenna tower. Section 3: This application is consistent with some provisions of the City's Wireless Communications Antenna Development Guidelines in that it was heard by the Planning Commission and City Council within the time lines established by the State's Permit Streamlining Act and CEQA (Guideline No. 1). Although the City's Antenna Guidelines express a preference for existing, non-single-family structures as antenna sites (Guideline No. 2), installations on single-family residences are not prohibited and have been approved previously elsewhere in the City. However, this approval is not consistent with other provisions of the City's Antenna Guidelines. Section 4: The City Council finds that the approval of Conditional Use Permit No. 207—as conditioned—is consistent with the order of the United States District Court and the local zoning authority reserved to the City of Rancho Palos Verdes by the Telecommunications Act of 1996 (47 U.S.C. 332(c)(7)) for the following reasons: A. The conditional approval of Conditional Use Permit No. 207 "[does] not unreasonably discriminate among providers of functionally equivalent services...and [does] not prohibit or have the effect of prohibiting the provision of personal wireless services" (47 U.S.C. 332(c)(7), subsections (B)(i)(I) and (II)). In reviewing all of the applications to provide personal wireless services on other residentially-zoned property within the City, the City has applied consistently its regulations to these facilities so as to modify or deny applications that do or will have adverse visual, aesthetic or other impacts upon surrounding properties. The instant application is being approved pursuant to the order of the United States District Court with conditions requiring the implementation of measures to screen the appearance of the existing antenna support structure and array to the extent feasible and consistent with the order of the United States District Court so as to avoid modifying the size, type, number or location of existing antennae. The City's conditional Resolution No. 2002-24 Page 7 of 15 approval of this specific proposal allows the applicant to provide wireless communications services. Accordingly, the conditional approval of this particular application does not result in a ban or prohibition of, or have the effect of prohibiting, the placement of these types of facilities within the City of Rancho Palos Verdes. B. The application for Conditional Use Permit No. 207 was acted upon by the City "within a reasonable period of time after the request [was] duly filed with [the City], taking into account the nature and scope of such request" (47 U.S.C. 332(c)(7), subsection (B)(ii)). The public hearing to reconsider this application was held less than within thirty (30) days after the decision was rendered by the United States District Court in the case of Abrams v. Rancho Palos Verdes. This application has been processed by the City in a timely fashion and in accordance with the time lines established by the State Permit Streamlining Act and CEQA, and the Telecommunications Act. C. In conditionally approving the application for Conditional Use Permit No. 207, the City has not"[regulated]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"(47 U.S.C. 332(c)(7), subsection (B)(iv)). Although interference and radio frequency emissions were raised as issues of concern to surrounding residents at the public hearing and in correspondence to the City, none of the required conditions of approval are in response to these concerns. Instead, these modifications are imposed only to address the aesthetic impacts of the existing antenna support structure and array upon the surrounding neighborhood. City Staff advised the Planning Commission and the City Council that neither body could consider any environmental effects of emissions that comply with FCC regulations, including purported impacts upon health or alleged interference with television reception. The City Council relied upon that advice and the provisions of the Act and, therefore, has not based its decision to conditionally approve the proposed project in any respect upon any actual or perceived environmental effects attributable to radio frequency emissions. Rather, the conditional approval regulates the aesthetic impacts and land use compatibility issues traditionally addressed through the exercise of local governmental police powers. Section 5: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Pursuant to the Telecommunications Act of 1996 (47 U.S.C. 332(c)(7)(B)(v)), any person adversely affected by the City's final action in this matter may, within thirty (30) days after such action, commence an action in any court of competent jurisdiction. Resolution No. 2002-24 Page 8 of 15 Section 6: The applicant objected to a condition of approval requiring him to defend, indemnify and hold the City and its officers, agents and employees harmless from any damages, attorney's fees and court costs arising from any legal challenge to the approval of this permit, and as a result of this objection, the condition was not imposed. However, nothing in this Resolution shall be construed as requiring the City to defend any legal challenge to the issuance of Conditional Use Permit No. 207. Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, the testimony and evidence presented at the public hearings before the Planning Commission and the City Council,the Minutes and the other records of this proceeding on file with the City, the City Council of the City of Rancho Palos Verdes hereby approves Conditional Use Permit No. 207,thereby approving the commercial use of existing antennae and related support structures and equipment on the site of a single- family residence, located at 44 Oceanaire Drive in the Del Cerro community, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof by this reference, which are necessary to protect the public health, safety and welfare, to comply with the order of the United States District Court issued on March 18, 2002. However, 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. Resolution No. 2002-24 Page 9 of 15 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 ,,, ,, -/ /a A■.- '4 i( it, May 4 ATTEST: J _/ 1 ■.-Alk 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. 2002-24 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 2, 2002. I Jo i 2., ___ 1 .— City Jerk Resolution No. 2002-24 Page 10 of 15 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 207 (44 Oceanaire Drive) 1. Within ninety(90)days following adoption of this Resolution, the applicant/property owner shall submit to the.City a statement, in writing,that he has read, understands, and agrees to all conditions of approval contained in this Resolution. Failure to provide said written statement shall render this approval null and void. 2. This approval is for the use of existing antennae and related support structures and equipment on the site of a single-family residence in the Del Cerro community for commercial purposes, subject to full compliance with the conditions of approval contained in this Resolution. The Director of Planning, Building and Code Enforcement is authorized to make only minor modifications to the approved plans and any of the conditions of approval, and only if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change, such as the enlargement of, expansion of or addition of new antennae or radiating elements to the existing antennae support structure and array, shall require approval of a revision to Conditional Use Permit No. 207 by the City Council and shall require a new and separate environmental review. 3. 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 RS-2 district development standards of the City's Municipal Code. 4. Failure to comply with and adhere to any or all of these conditions of approval may be cause to revoke the approval of the project by the City Council after conducting a duly noticed public hearing on the matter. 5. If the necessary modifications to site and the antenna support structure and array, as specified by these conditions of approval, have not been made within ninety(90) days of the date of the City's final action on this application, 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 City Council. 6. In the event that any of these conditions conflict with any non-discretionary technical requirements of another permitting agency or City department, the stricter standard shall apply. Resolution No. 2002-24 Page 11 of 15 7. If any changes have been made to the antennae or the support structure after the applicant submitted the plan on April 24, 2000 and before the date of the ruling of the United States District Court on March 18, 2002, the applicant shall submit a revised plan depicting the antenna support structure and the number and configuration of the existing antennae located thereon within (90) ninety days of the date of the City's final action on this application. This plan shall be retained in the City's files and used as a basis for determining compliance with the conditions of approval for this project. 8. 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 antenna support structure and array. At the 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. 9. 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 may be removed and replaced for maintenance and repair purposes, but the replacement antenna(e) must be the same size(or smaller), same height(or lower), same type and same location as the antenna(e) they are replacing. 10. 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. Within ninety (90) days of this approval, the applicant shall meet with the Director to obtain approval by the 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 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 Resolution No. 2002-24 Page 12 of 15 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. 11. Except in case of emergency, regular maintenance of the commercial antennae and related exterior support equipment and structures shall only occur between the hours of 8:00 AM and 5:00 PM, Monday through Friday. Maintenance of the non- commercial antennae and related exterior support equipment and structures may occur during the weekday hours specified above, and between the hours of 10:00 AM and 4:00 PM on Saturdays. 12. All service vehicles related to the maintenance of the commercial antennae shall be parked off-street in the driveway or garage of the house. No more than two(2)such service vehicles are allowed on the site at any time. The parking of vehicles related to the maintenance of the non-commercial antennae or other household purposes are not restricted by this condition, but shall comply with the general parking restrictions imposed by the City's Municipal Code. 13. The support equipment for the antennae on the site, including air conditioning units, shall not generate noise levels in excess of 65 dBA, as measured at the property line of the subject property. Any 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. 14. 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 hand-held lighting, nor the use of temporary lighting during the performance of emergency repairs. Resolution No. 2002-24 Page 13 of 15 15. The operation of antennae on the site shall at all times comply with the requirements, standards and regulations of the Federal Communications Commission (FCC). 16. Within ninety (90) days of the City's final action on this application, the applicant shall obtain a business license from the City. A valid City business license shall be maintained at all times while commercial radio transmissions occur from the property. 17. At approximately six (6) months from the date of the City's final action on this application, the City Council shall review the project for conformance with the conditions of approval, and determine if any conditions of approval need to be added, deleted or modified, or if the permit should be revoked. Within the initial 6- month permit period, the applicant shall be responsible for completing all of the site and use modifications described in this Resolution. Failure to fulfill these conditions may lead to the revocation of this permit during the 6-month review process by the City Council 18. The antenna tower authorized by this approval shall only be used as an antenna support structure and for no other purposes. 19. Since this approval is for the joint use of the existing antenna tower for both commercial and amateur purposes, at all times the applicant shall maintain antennae on the tower that are being used or are available for amateur use. 20. Within thirty (30) days of the date of this approval, and annually thereafter, the applicant shall provide to the City a listing of all radio facilities or frequencies that are licensed by the FCC to this site. In addition, within thirty (30) days of this approval, and annually thereafter, the applicant also shall provide to the City documentation demonstrating that the site is being operated in accordance with FCC emission requirements and limits, considering all facilities that are licensed by the FCC to operate at the site or that use the site pursuant to an amateur radio operator's license. Resolution No. 2002-24 Page 14 of 15 M:\Projects\CUP 207_EA 720(Abrams)-Reconsideration\Resolution No.2002-24.doc Resolution No. 2002-24 Page 15 of 15