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CC RES 1989-018RESOLUTION NO. 89 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF MINOR EXCEPTION PERMIT NO, 286 THEREBY APPROVING THE INSTALLATION OF AN AMATEUR RADIO ANTENNA AT 27016 GRAYSLAKE RD. WHEREAS, the Director of Environmental Services approved Minor Exception Permit No. 286 filed by Mr. Walter Ordway for a 90 foot ham radio antenna tower located at 27016 Grayslake; and WHEREAS, on August 1, 1988, Russell Harrison filed an appeal to the Planning Commission within 15 days of the decision of the Director of Environmental Services; and WHEREAS, on October 25, 1988, the Planning Commission denied the appeal, thereby approving the proposed project with conditions; and WHEREAS, on October 31, 1988, Russell Harrison filed an appeal with the City Council within 15 days of the decision of the Planning Commission; and WHEREAS, on January 17, 1989 and February 7, 1989, the City Council heard the appeal 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 applicant desires a 90 foot amateur radio tower in order to communicate on all three bands. A lesser height would permit the applicant to communicate on all bands, although not at longer distances on the 20 M band. Section 2: Construction of a 90 foot antenna would create a negative visual impact. Section 3: The General Plan encourages amateur radio broadcasting and the preservation of views. Section 4: The property surrounding the proposed location for the antenna slopes away from the antenna, which would result in better reception and communication for any given antenna height than would be the case in flat or uphill terrain. Section 5; Removal of the large pine tree from the applicant's property and modification of portions of the existing rear block wall in the Southeast rear corner of the property would restore more views than would be eliminated by construction of a 55 foot tower. Section 6: Pursuant to Section 17.40.050 (b) of the Rancho Palos Verdes Municipal Code and based upon the facts listed in Sections 1 through 5 the City Council hereby finds that granting a 55 foot maximum height antenna, with the conditions attached hereto as Exhibit "At", would reasonably balance the applicant's First Amendment rights with the impact of the antenna on the value of neighboring properties and the goals of the General Plan and Development Code, A 55 foot antenna will permit the applicant to conduct reasonable communications and will help to protect the values of adjoining properties. Section 7: That after consideration of the appeal of Minor Exception Permit No. 286, on January 17, 1989 and February 7, 1989, the City Council denied the appeal and thereby approved the project at 27016 Grayslake subject to the conditions of approval in Exhibit "A" of this Resolution, PASSED., APPROVED, and ADOPTED on February 21, 1989. k C& Mayor ATTEST: City clerk � I 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. 89-1.8 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 21, 19899 s Resolution No. 89-18, Page 2 EXHIBIT "A" Conditions of Approval Minor Exception Permit No. 286 1. The tower shall be a maximum height of 55 feet (plus a 1 foot mast with antenna array and 7 foot whip repeater antenna)- S however, said tower shall be retracted to a nesting height of 45 feet (plus 1 foot mast array and 7 foot repeater antenna) when not in use for ham radio operation. The tower shall not be nested lower except for maintenance and during high winds. 2. The antenna tower shall be a crank up -down (nesting) tubular type. It may be equipped with a motor drive to raise and lower the antenna. 3. The size of the antenna shall be limited to a 31.5 foot maximum element length, horizontally polarized, multiple element beam array and shall not include a dish configuration, nor intrude into the required setbacks. 4. Any changes to the proposed tower or antenna array shall first be approved by the Director of Environmental Services. 5. No guy wires shall be used to support the tower. 6. The existing Canary Island Pine in the rear yard shall be. removed and a City Landscape Covenant to Maintain Property to Protect Views shall be recorded prior to building final. 7. The existing stepped wall in the southeast corner of the property along the rear property line shall be modified by removing the cap and the top 5 rows of blocks. The wall shall be replaced with wrought iron to match the existing wrought iron fence as required by the Building and Safety Division to provide adequate pool security fencing and approved by the Director of Environmental Services. 8* Six ( 6 ) months after building final the Director of Environmental Services shall review the crank -down requirement in Condition No. 1. The Director shall determine if the 45 foot nesting height is appropriate or if the requirement shall be modified or removed in order to minimize any impacts from the tower and antenna array. The decision of the Director of Environmental Services may be appealed to the Planning Commission, 9. All appropriate permits shall be obtained from the City, prior to the installation of said tower. Resolution No. 89 -18 Page 3