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CC RES 1994-020RESOLUTION NO. 94 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL; AND, THEREBY APPROVING CONDITIONAL USE PERMIT NO. 119 - REVISION "A" TO ALLOW MODIFICATIONS TO AN EXISTING 80 -FOOT CELLULAR ANTENNA MONOPOLE LOCATED ON THE CITY HALL SITE AT 30940 HAWTHORNE BOULEVARD, WHEREAS, PacTel Cellular has requested a revision to Conditional Use Permit No. 119, in order to allow the following modifications to the existing cellular antenna monopole located on the City Hall site at 30940 Hawthorne Boulevard: • Remove the five (5) existing omni- directional whip antennas. • Install two new omni - directional whip antennas pointed downward which are approximately the same length and diameter as those which are existing. • Install - eleven (11) new directional antennas of the following type: • Eight (8), 24 -inch long, 12 inch wide, and 5 -inch deep panel antennas attached to the triangular framework at the top of the pole. • Two (2),, 5 2 - inch long,, 13-inch wide,, and 12-inch deep panel antennas, also attached to the existing triangular grid framework. • One (1) grid - parabolic dish antenna not to exceed six (6) feet in diameter mounted to the utility pole at a height of approximately 70 feet; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ( "CEQA "), the State CEQA Guidelines, and the City's Local CEQA Guidelines, the City prepared an Initial Study and determined that there was no substantial effect on the environment. Accordingly, a draft Negative Declaration was prepared and notice of that fact was given by the manner required by law; and, WHEREAS, a Negative Declaration associated with Environmental Assessment No. 656 in conjunction with this Conditional Use Permit was adopted through P.C. Resolution No. 94 -04 on January 11, 1994; and, WHEREAS, a duly noticed public hearing was held before the Planning Commission at its regular meetings on November 9, 1993, December 14, 1993, and January 11, 1994, at which times all interested parties were given the opportunity to be heard and present evidence and testimony; and, WHEREAS, the Planning Commission adopted P.C. Resolution No. 94 -05 on January 11, 1994, approving Revision "A" to Conditional Use Permit No. 119, and, WHEREAS, on January 25, 1994, the applicant filed an appeal, within the allowable fifteen (15) appeal period, to modify Conditions of Approval Nos. 4 and 6 of P.C. Resolution No. 94 -05; and, WHEREAS, a duly noticed public hearing was held before the City Council at its regular meeting on April 5, 1994, at which time all interested parties were given the opportunity to be heard and present evidence and testimony regarding the appeal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the City Council has previously reviewed and approved, through Resolution No. 88 -15 on March 1, 1988, Conditional Use Permit No. 119, and a related Negative Declaration for the existing cellular antenna monopole and support facilities on the City Hall site. Section 2: That the +6 acre site is adequate in size and shape to accommodate the modifications to the existing antenna and support facilities, which has been deemed especially suitable for the proposed use because its elevation and location allow signal coverage of most of the southern portions of the peninsula without interference to other local cellular telephone facilities. Section 3: That the modification to the existing facilities will not create any significant increase or adverse impact on adjacent properties, the permitted use of adjacent properties, or the natural environment because the modifications would result in a less intense visual impact than the impact of the monopole itself and would reduce the radio emission levels currently existing on the monopole. Therefore, the requested changes are not considered to constitute a significant view impact or threat to human health either individually or cumulatively. Section 4: That the proposed modifications are consistent with the policies, standards, and land use designations placed on the site by the City's General Plan and Development Code since the site is designated for Institutional use, and the antenna monopole, as well as the proposed modifications, are allowed through a Conditional Use Permit in an Institutional (I) zoning district. Resolution No, 94 -20 Page 2 of 5 Section 5: This approval is contingent upon re- negotiation of the Building Lease Agreement ( "Lease Agreement ") entered into between PacTel and the City of Rancho Palos Verdes on February 16, 1988, specifically with regard to with paragraphs 4(A) and (C). Thus, until such time that the Lease Agreement has been modified and subsequently approved by the City Council, the following restrictions apply: 1. Final plans will not be accepted or approved by the Department of Planning, Building and Code Enforcement; and, 2. Approval of this Revision to Conditional Use Permit 119 shall not constitute "prior written approval" for additional construction or the erection of additional antennae as def fined in paragraph 4 (C) of the Building Lease Agreement. Section 6: Based on the facts contained in this Resolution, in the Staff Report, Minutes, and other components of the legislative record, in the Initial Study, the Negative Declaration, and in the public comments received, the City Council of the City of Rancho Palos Verdes hereby upholds the appeal; and theregy approves Conditional Use Permit No. 119 - Revision "A," subject to conditions listed in Exhibit "A," attached hereto, which are deemed necessary to protect the public health, safety and general welfare in the area. PASSED, APPROVED, and ADOPTED ATTEST: CITY STATU OF CALIFORNIA } COUNTY OF LOS ANGELES }SS CITY OF RANCHO PALOS VERDES } I, Jo Purcell, City hereby certify that regularly passed and regular meeting held this 50' day of April 1994. MAY Clerk of the City of the above Resolution adopted by the said on April 5, 19940 teaI 1 City Clerk 1 Rancho Palos Verdes, No. 94 -20 as duly and City Council at a Resolution No. 94 -20 Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 119, REVISION "A" 1. The requested modifications must comply with all previous conditions of approval designated by the City Council on March 1, 1988, for Conditional Use Permit No. 119, through Resolution No. 88 -15 (Exhibit "A "). 2. This approval is limited to the following modifications: • Remove the five (5) existing omni - directional whip antennas. • Install two new omni- directional whip antennas pointed downward which are approximately the same length and diameter as those which are existing. • Install eleven (11) new directional antennas of the following type: • Eight (8), 2 4 - inch long, 12 inch wide, and 5-inch deep panel antennas attached to the triangular framework at the top of the pole. • Two (2), 5 2 - inch long, 13-inch wide, and 12-inch deep panel antennas, also attached to the existing triangular grid framework. • One (1) grid- parabolic dish antenna not to exceed six (6) feet in diameter mounted to the utility pole at a height of approximately 70 feet; and 3. The shapes, sizes, and configuration of the proposed antennas must be installed in substantial compliance with the plans submitted to and approved by the Planning Commission on January 11, 19940 4. The use of PacTel's antennas and monopole shall be restricted to cellular telephone transmission only. 5. If the terms of the lease agreement associated with this project are violated by the applicant, this Conditional Use Permit shall be subject to revocation by the Planning Commission. 6. In the case of natural disaster or similar emergency situation, PacTel may, at the discretion of the City Manager or his designee, be permitted to erect temporary antenna(s) on the monopole install related ground equipment. Said antennas shall be removed within the time parameters authorized by the City Manager or his designee, or this Conditional Use Permit may be subject to revocation. Resolution No. 94 -20 Page 4 of 5 To If the applicant is unable to obtain approval from the City Manager or his designee during an emergency or natural disaster, as required in Condition No. 6, the applicant shall obtain written authorization from the City within 5 working days of the event. 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