CC RES 2002-027 RESOLUTION NO. 2002-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING CONDITIONAL
USE PERMIT NO. 230, THEREBY APPROVING THE
COMMERCIAL USE OF CERTAIN ANTENNAE AND
RELATED SUPPORT STRUCTURES AND EQUIPMENT ON
THE SITE OF A SINGLE-FAMILY RESIDENCE, LOCATED
AT 26708 INDIAN PEAK ROAD, IN THE GRANDVIEW
COMMUNITY
WHEREAS, on October 22, 1998, the applicant, James A. Kay, Jr., received
approval of an application for Site Plan Review No. 8334 for after-the fact approval of an
existing roof-mounted antenna support structure and array for non-commercial radio
communications, which was conditioned expressly to exclude commercial operations; and,
WHEREAS, on November 4, 1998, prior to the expiration of the 15-day appeal
period for Site Plan Review No. 8334, the City Council adopted Urgency Ordinance
No. 341 U, which established a moratorium on the processing of all antenna applications,
including those applications upon which the City had acted but for which the appeal period
had not yet expired; and,
WHEREAS, on April 16, 1999, the antenna moratorium was lifted, the City's
approval of Site Plan Review No. 8334 was voided, and the existing roof-mounted antenna
support structure and array were determined by Staff to be exempt from City permits for
non-commercial use pursuant to Section 17.76.020(C)(3)(c)(ii)of the Rancho Palos Verdes
Development Code; and,
WHEREAS, on October 15, 1999, Mr. Kay submitted an application for Site Plan
Review No. 8736 to the Department of Planning, Building and Code Enforcement for a
198-square-foot single-story storage room addition to the rear side of the house, which
proposed a large number of electrical outlets, the installation of two dedicated air
conditioning condensers for the room and no interior access to the rest of the house; and
although Staff suspected that the addition was intended to house commercial radio
transmitters, the City did not withhold approval of Site Plan Review No. 8736 based upon
these suspicions; and,
WHEREAS, Staff subsequently reviewed Federal Communications Commission
(FCC) licensing records and found that several active and pending commercial radio
frequencies were licensed to Mr. Kay's property on Indian Peak Road, and turned this FCC
licensing information over to the City Attorney's office; 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 alleged commercial use of the existing antennae
and found that commercial frequencies were in use at the site. Subsequently, on April 13,
2000, the City filed a complaint for preliminary and permanent injunction against Mr. Kay to
prevent the non-permitted use of commercial antennae on the site, and this case currently
is pending; and,
WHEREAS, Section 17.76.020(A)of the Rancho Palos Verdes Development Code
requires an individual to obtain a conditional use permit to install or operate a commercial
antenna within the City of Rancho Palos Verdes. Section 17.96.090 of the Rancho Palos
Verdes Development Code further 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 micro-cell 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 Development Code, the
applicant, Mr. Kay, was required to obtain a conditional use permit from the City to use his
existing antennae and antenna support structure to broadcast on frequencies, deemed
commercial by the FCC; and,
WHEREAS, on June 21, 2001, Mr. Kay submitted applications for Conditional Use
Permit No. 230 and Environmental Assessment No. 744 for after-the-fact approval to
establish the existing antennae and related support structures and equipment on the site
for commercial use, although Mr. Kay contested that the application was after-the-fact and
requested a waiver of the penalty fee; and,
WHEREAS, on September 4, 2001 and September 18, 2001, the City Council
considered Mr. Kay's request for a waiver of the penalty fee for Conditional Use Permit
No. 230, and denied the request based upon inability to make the fee waiver findings set
forth in Section 17.78.010(B) of the Rancho Palos Verdes Development Code; and,
WHEREAS, on September 19, 2001, the applications for Conditional Use Permit
No. 230 and Environmental Assessment No. 744 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,
Resolution No. 2002-27
Page 2 of 17
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 Conditional Use Permit No. 230 and
Environmental Assessment No. 744 would have a significant effect on the environment
and, therefore, the proposed project was determined by Staff to be categorically exempt
(Class 1, Section 15301); and,
WHEREAS, after the submittal of these applications on June 21, 2001,and while the
Planning Commission was conducting the public hearings on this application,the applicant
installed at least eleven (11) additional vertical antenna masts with attached antennae onto
the previously existing roof-mounted antenna support structure and array, including
additional cables and conduits for the additional antennae; and on November 8, 2001, the
applicant submitted revised plans to the City depicting a total of twenty (20) vertical
antenna masts with attached antennae on the roof-mounted antenna support structure and
array; 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 23, 2001, November 13, 2001, and November 15, 2001, at which time all
interested parties were given an opportunity to be heard and present evidence; and,
WHEREAS, the applicant's representative, Mr. Miner, testified that all of the
antennae that currently are located at the subject property could be used either for
commercial or non-commercial transmissions; and,
WHEREAS, the applicant's representative, Mr. Schmitz, during the public hearing,
stated that the applicant would be willing to comply with conditions that would improve the
appearance of the property, such as painting the residence and planting landscaping, and
having someone live at the residence, to ensure that the residence is in keeping with the
residential character of the neighborhood and to establish the proposed commercial use as
being clearly ancillary to the principal residential use of the property, so that the
Commission could make a finding of consistency of the proposed commercial use with the
City's General Plan; and,
WHEREAS, the Planning Commission, on November 15, 2001, adopted
P.C. Resolution No. 2001-43 conditionally approving the project; and,
WHEREAS, the Applicant timely appealed conditional approval by letter dated
November 28, 2001, based on disagreement with "all conditions regulating the location,
number and placement of antennas on the project site...."
Resolution No. 2002-27
Page 3 of 17
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby makes the following findings of fact with
respect to the application for Conditional Use Permit No. 230 to legalize the use of existing
roof-mounted and interior antennae and related support structures and equipment on the
site for commercial purposes:
A. For the purposes of this determination on the subject application and throughout
this Resolution, the terms and phrases "existing antenna(e)" and "existing roof-
mounted antenna array" refer only to the antenna(e) and antenna array depicted in
the plans submitted to the City by the applicant on June 21, 2001, and in
photographs accompanying the application for Conditional Use Permit No. 230 and
Environmental Assessment No. 744. The terms and phrases"existing antenna(e)"
and "existing roof-mounted antenna array" do not include any parts, elements,
components or other features of the antenna(e) and antenna array that are not
depicted on the plan submitted on June 21, 2001, or in the above-mentioned
photographs, regardless whether these parts, elements, components or other
features were, or are, physically present on the subject property as of the effective
date of this Resolution.
B. 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 to integrate said use with those on
adjacent land and within the neighborhood because, as conditioned, the proposed
project complies with the development standards for commercial antennae, as
specified in RPVDC Sections 17.76.020(A)(2)through (A)(10). The site provides for
two (2) off-street parking spaces for maintenance and service vehicles and the
existing roof-mounted antenna support structure and array does not require special
markings or lighting to comply with Federal Aviation Administration (FAA)
requirements. Although there is existing foliage on adjacent properties and rights-
of-way, this foliage does not adequately screen any antenna support structures or
antennae on the roof of the structure from view from many surrounding residences
in the neighborhood and from nearby public rights-of-way, especially those
residences located directly across the street and the residences located down slope
from the rear yard on Fond du Lac Road. As such, the approval of this application
is conditioned to require the removal of all but two(2) of the existing eight-and-one-
half-foot long masts and two of the television antennae from the roof of the
residence. This condition is necessary to maintain the appearance of the structure
as a single-family residence, and to integrate the commercial use into the residential
neighborhood. In this case, the imposition of stricter limitations upon both
commercial and non-commercial antennae than are otherwise required by the City's
Resolution No. 2002-27
Page 4 of 17
Development Code is necessary to protect the aesthetics of the neighborhood while
still allowing reasonable use of the site to transmit on both amateur and commercial
frequencies, because the applicant's representatives have testified that the
antennae at the site can be"diplexed"so that each antenna can be used to transmit
on two different frequencies at the same time. On the other hand, allowing the
applicant to use all of the antennae that were placed on the property while this
application was pending will dramatically alter the residential character of the home
and create the appearance of a commercial antenna farm, which will adversely
affect the surrounding residential neighborhood.
C. The site for the proposed use 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 Indian Peak Road, 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.
D. In approving the subject use at the specific location, there will be no significant
adverse effects on adjacent property or the permitted use thereof, due to the
conditions that are being imposed as part of this approval. 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
homes across Indian Peak Road and from Fond du Lac Road below. Since the
conversion of the existing antennae to commercial use constitutes an intensification
of the use that benefits the applicant financially but, as proposed by the applicant,
does not offset the visual impacts of the antenna array upon the surrounding
neighborhood, the approval of this proposal will be conditioned to require the
removal of all but two (2) of the existing eight-and-one-half-foot-tall antennae masts
and two (2) of the television antenna(e)from the roof of the structure,the painting of
the remaining lighter-colored portions of the roof-mounted antennae and support
structures that are permitted by this conditional use permit so as to blend better into
the background skyand the gray color of the existing antenna support structure. In
addition, no future changes to the location or configuration or which increase the
number or the height of any approved antennae or element of the remaining roof-
mounted antenna array will be permitted without an amendment to this conditional
use permit that is approved by the City Council, in order to prevent further visual
intrusion upon the surrounding neighborhood.
Resolution No. 2002-27
Page 5 of 17
E. 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."
F. The proposed use—as conditioned is not contrary to the General Plan. The
subject property and the Grandview neighborhood are designated Residential, 4-6
DU/acre, which is a land use designation intended to accommodate medium-density
neighborhoods of detached, single-family homes and related accessory uses and
structures. No evidence has been provided that the owner has ever resided at the
existing home, and this property has not been occupied for at least the past three
and one-half years. The evidence demonstrates that the property has not been
maintained in a manner consistent with the quality of the surrounding neighborhood,
and the residential character of the neighborhood has been eroded by the
increasing deterioration and commercialization of this site. To prevent the proposed
commercial use of the property from exacerbating the substandard condition of the
residence, and to ensure that the proposed use is consistent with the General Plan,
the approval of the proposed project includes conditions to address these
deficiencies. The conditions include: 1) requiring contract landscape and
maintenance services in the event that the home not properly maintained in
conformance with the conditions; 2) requiring the removal of most of the visible
exterior evidence of the commercial use of the property; and 3) requiring the house
to be occupied and maintained in an appropriate manner. These conditions will
allow for the provision of wireless telecommunications services at this location,while
minimizing the visual and aesthetic impacts of this commercial wireless operation on
the surrounding residential neighborhood.
G. 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.
H. Conditions of approval, which the City Council finds to be necessary to protect the
health, safety and general welfare, have been imposed and include (but are not
limited to) removal of all but two (2) of the existing eight and one-half feet-long roof-
mounted antenna masts and two of the television antenna(e), painting the
remaining roof-mounted antennae and masts, and prohibiting any further
modifications to them without first obtaining approval of modification to this
Resolution No. 2002-27
Page 6 of 17
conditional use permit;limiting regular maintenance hours to 8:00 AM to 5:00 PM,
Monday through Friday; requiring the property to be landscaped and painted and
that weekly landscape and general maintenance services shall be provided by
contract with a qualified provider of such services if the residence is not properly
maintained in accordance with the conditions; requiring the house to be occupied;
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.
I. 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, and there is no antenna tower currently located on the subject
property.
Section 2: The City Council finds that the appellant's previous assertions that
commercial transmissions utilized antennae located inside of the house are not credible.
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 an elevation of fifteen meters (15m)above the ground. However,the
upstairs bedroom where the appellant claims that these commercial antennae were
previously used is no more than seven meters (7m) above the ground. Therefore, it is
reasonable to conclude that the roof-mounted antennae which extend to a maximum
height of approximately ten meters ( the antennae that were used for
commercial purposes, and not the antennae that allegedly were located in the upstairs
bedroom, despite the appellant's claims to the contrary. It is also reasonable to conclude
that the additional vertical support structures and antennae added to the roof-mounted
antenna array by the appellant since June 21, 2001, are also intended to be used for
commercial purposes, and not for exclusively amateur non-commercial purposes as
claimed by the appellant. Accordingly, the City Council finds that the appellant's
arguments that these additional vertical support structures and antenna are amateur
antennae that previously were exempt from City regulation and that the roof-mounted
antenna support structure and array has not been materially altered to be without merit or
credibility.
Section 3: The City Council finds that the proposed project as conditioned
qualifies for a Class 1 categorical exemption from the provisions of the California
Environmental Quality Act (CEQA) under Section 15301. The exemption applies to
Resolution No. 2002-27
Page 7 of 17
alterations to existing minor structures and uses "involving negligible or no expansion of
use beyond that existing at the time of the lead agency's determination." As conditioned,
the existing roof-mounted antenna support structure and array would be modified so that
most of the antennae are removed or relocated to the inside of the house, and the negative
aesthetic impacts of the existing antennae are minimized. In addition, the property will be
required to be occupied and maintained in an appropriate manner that is consistent with
City standards. Without the imposition of these conditions, and if the antennae and other
elements that have been added to the property since the submittal of the application to the
City were to remain in place, the City Council would not be able to find this proposed
project exempt from the requirements of CEQA, due to aesthetic impacts which could be
potentially significant and thus would require further analysis pursuant to the requirements
of CEQA.
Section 4: The City Council finds that the approval of Conditional Use Permit
No. 230—as conditioned—is consistent with the City's Wireless Communications Antenna
Development Guidelines. This application was heard by the Planning Commission within
the time lines established by the State's Permit Streamlining Act and CEQA (Guideline
No. 1). Although the 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. In addition, the
conditions of approval for this project will help to enhance the residential character of the
neighborhood by requiring the applicant to upgrade the appearance and maintenance of
the property. As a condition of approval, most of the exterior antennae will be removed, sc
the project will have no significant impact upon any view corridors (Guideline No. 4). The
removal of these antennae will also serve to balance the aesthetic impacts of the antennae
upon the neighborhood with the applicant's financial benefit from the operation of the
commercial antennae on the site (Guideline No. 5). Finally, with most of the antennae
removed from the roof of the house, they will be effectively screened from view from
adjacent properties or rights-of-way (Guideline No. 9).
Section 5: The City Council finds that the approval of Conditional Use Permit
No. 230—as conditioned—is consistent with 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. 230 "[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 approve facilities that are compatible with surrounding uses and to
Resolution No. 2002-27
Page 8 of 17
modify or deny applications that do or will have adverse visual, aesthetic or other
impacts upon surrounding properties. The instant application is being approved
with conditions requiring the removal of most of the exterior antennae because it will
otherwise result in adverse visual and aesthetic impacts upon adjacent properties.
The City's conditional approval of this specific proposal does not prohibit the
applicant from providing wireless communications services because the applicant
still has the ability to provide these services from the remaining exterior antennae .
The applicant's representative has stated at a public hearing that the applicant has
the capability to diplex the antennae in order to utilize more frequencies. The
applicant has also admitted that he has transmitted commercially from the site since
1998, allegedly from antennae located inside the residence. The City has
previously approved applications for commercial antennae for a variety of
commercial wireless services and service providers, including applications for
properties that were zoned or used for single-family residential purposes.
Accordingly, the conditional approval of this particular application also 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. 230 was deemed complete by City
Staff on September 19, 2001. The City has acted on the applicant's request for
Conditional Use Permit No. 230"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)). 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. The only delays in the processing of this application are
attributable to the applicant's request for a waiver of the penalty fee (which was
denied by the City Council on September 18, 2001), the applicant's request for a
continuance of this application from the Planning Commission meeting of October
23, 2001 to the meeting of November 13, 2001, and the applicant's appeal of the
Planning Commission's conditional approval and request for continuance of the
appeal from the City Council meeting of February 19, 2002 to the meeting of March
19, 2002.
C. In conditionally approving the application for Conditional Use Permit No. 230, 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 modifications to the existing
Resolution No. 2002-27
Page 9 of 17
fi
antennae on the site are in response to these concerns. Instead, these
modifications are imposed only to address the aesthetic impacts of the antennae
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 Planning Commission
and 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 6: The applicant's appeal of the conditions of approval imposed by the
Planning Commission is denied. However, modifications to the conditions entitle the
applicant to a refund of one-half of the appeal fee pursuant to Rancho Palos Verdes
Development Code Section 17.80.120.
Section 7: 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.
Section 8: 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. 230,thereby approving the commercial use of
certain antennae and related support structures and equipment on the site of a single--
family residence, located at 26708 Indian Peak Road, in the Grandview 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.
Resolution No. 2002-27
Page 10 of 17
PASSED, APPROVED,AND ADOPTED this 16th day of April 2002, by the following vote:
AYES: Councilmembers Clark and Ferraro, Mayor Pro Tem Stern and Mayor
McTaggart
NOES: Councilmember Gardiner
ABSTENTIONS: none
ABSENT: none / ,
0J
i /id, Ai,'
1hn McTaggart,
ATTEST:
/ /4 . _/�. _
�'
.,,P
Jo Purcell, 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. 2002-27 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on April 16, 2002.
41 -) / , , , / of
City Clerk
Resolution No. 2002-27
Page 11 of 17
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 230
(26708 Indian Peak Road)
1. Within ninety (90) days following adoption of this Resolution, the applicant and the
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 Resolution.
Failure to provide said written statement shall render this approval null and void.
2. This approval is for the use of antennae and related support structures and
equipment on the site of a single-family residence in the Grandview community for
commercial purposes. The commercial use of the property is conditioned upon the
following modifications:
a. The roof-mounted equipment shall consist of a maximum of two (2) vertical
masts, each of which shall not exceed eight and one-half(8%)feet in height,
as measured from the point where the mast meets the roof surface.
b. Each of the two masts may have up to four (4) radiating elements affixed
thereon, similar to those that currently are present at the site, provided that
they do not extend any higher than the mast itself and that each antenna or
radiating element does not project more than two feet horizontally from the
center of the mast.
c. In addition, two (2) television antennae also may remain on the roof of the
residence, so long as they do not exceed eight and one-half (8%) feet in
height, as measured from the point where they are attached to the roof
surface; that the horizontal boom of each antenna does not exceed six feet
in length; that no radiating element or antenna attached to the boom exceeds
two feet in length, and that all of the antennae and support structures on the
property are maintained in compliance with the Municipal Code.
d. The Director of Planning, Building and Code Enforcement shall review the
exterior masts and antennae to ensure compliance with this condition. Any
additional exterior antennae, masts or other antenna support structure(s)
shall require further approval or modification of this conditional use permit.
e. The exterior masts and antennae described in this condition may be used for
either commercial or non-commercial purposes.
Resolution No. 2002-27
Page 12 of 17
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, expansion or addition to,the exterior
masts and antennae that this approval allows outside of the existing residential
structure shall require approval of a revision to Conditional Use Permit No. 230 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-5 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, the house and the existing roof-mounted
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 the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
7. The applicant shall submit a plan depicting the roof-mounted masts and antennae
that may be retained or erected pursuant to this approval,within (90) ninety days of
the date of the City's final action on this application. The applicant shall obtain a
building permit and any other approval required by the Building Code to modify or
construct the masts and attached antennae on the property.
8. Unless otherwise modified by these conditions, all conditions of approval for Site
Plan Review No. 8736 for the 198-square-foot storage room addition and Minor
Exception Permit No. 555—for a front-yard fence in excess of the 42-inch height
limit remain in full force and effect.
9. At all times, the applicant shall maintain the color of the entirety of the roof-mounted
antenna support structure and all of the antennae and radiating elements located
Resolution No. 2002-27
Page 13 of 17
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 roof-
mounted antenna support structure and the radiating elements and antennae
located thereon.
10. The two roof-mounted masts and the two television antennae approved by this
resolution shall not be increased or expanded without the advance approval of the
City Council, including, but not limited to, any additional antennae, masts, antennae
support structures, antenna assemblies or radiating elements of any kind. Existing
masts and antennae that are permitted by this approval may be removed and
replaced for maintenance and/or repair as long as the replacement masts or
antennae are the same or less in height, length and mass and in the same location
as the approved masts and antennae, and provided that the total number of masts
and antennae is not increased.
11. Notwithstanding Condition No. 10 above, within ninety (90) days of the date of the
City's final action on this application, the applicant shall remove all existing
additional masts, antennae, horizontal support structure(s), pipes, ducts and other
components of the roof-mounted antenna assembly that are not expressly approved
by this Resolution. Any other antennae and antenna support structures shall be
removed, but may be relocated inside the house at the applicant's discretion.
12. Except in case of emergency, regular maintenance of the 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.
13. All service vehicles related to the maintenance of the antennae and support
equipment 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.
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14. No new exterior building-mounted or any other exterior antennae, related support
equipment or structures will be allowed without approval of a modification to this
conditional use permit by the City Council.
15. 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.
16. No lights may be placed upon the roof-mounted antenna support structure, 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.
17. The operation of the antennae on the site shall at all times comply with the
requirements, standards and regulations of the Federal Communications
Commission (FCC).
18. The exterior appearance of the house and site shall be maintained at all times in a
manner satisfactory to the Director by:
a. Maintaining the exterior of the house and garage so that the paint is not
peeling or cracking in a manner detrimental to the value of the property and
neighboring properties; and,
b. Maintaining the landscaping in a neat and thriving condition.
19. Within ninety (90) days of the date of the City's final action on this application, the
property shall be occupied by the owner, or some other person chosen by the
owner, as that person's primary residence. The necessary improvements to make
the house habitable shall be completed within the initial 90-day period—including a
functional kitchen, toilet and bathing facilities and utility connections for gas,
electricity, water and sewer—and shall be maintained continuously. The applicant
shall contract with a landscape and maintenance service to provide weekly service
at the property to ensure that the structure and grounds are maintained free from
litter, debris, and overgrown vegetation so as not to become an eyesore, if the
resident is not maintaining the property as required by these conditions of approval
and by the City's Municipal Code.
20. Within ninety (90) days of the date of the City's final action on this application, the
house shall be equipped with an appropriate fire suppression system subject to the
approval of the Director, smoke alarms and fire extinguishers, including those areas
Resolution No. 2002-27
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where the commercial power supplies,transmitters and other related equipment are
kept.
21. 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 this CUP is effective.
22. 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.
23. Nothing in this Resolution or these conditions of approval shall be construed as
requiring the City to defend any legal challenge to the issuance of Conditional Use
Permit No. 230 by a third party.
24. The roof-mounted antenna assembly authorized by this approval shall only be used
as an antenna support structure and for no other purposes.
25. 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.
26. Since this approval is for the joint use of the existing antenna support structure and
array for both commercial and amateur purposes, at all times the applicant shall
maintain antennae on the site that are being used or are available for amateur use.
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M:\Projects\CUP 230_EA 744(Kay)\Resolution No.2002-27.doc
Resolution No. 2002-27
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