PC RES 2005-001 P.C. RESOLUTION NO. 2005-01
RESOLUTION F THE I I ! THE
CITY OF RANCHO PALOSVERDES GRANTING10-YEAR
EXTENSION F THE APPROVAL OF CONDITIONAL USE
PERMIT NO. 171 (PLANNING CASE NO. ZON 0 4® 59 )
FOR AN EXISTING, 19-FOOT-TALL COMMERCIAL
ANTENNATT H TO THE REAR OF A SINGLE-
FAMILY RESIDENCE IN THE MONACO COMMUNITY,
LOCATED AT07 MATISSE DRIVE
WHEREAS, on September 22, 1992, the Planning Commission adopted P.C.
Resolution No. 92-59, approving the application for Conditional Use Permit No. 171 by the
then-applicant, Vessel Assist Association of America, Inc. (VARA), to install and operate a
19-foot-tall commercial antenna on the rear of a single-family residence in the Monaco
community for a 6-month trial period; and,
WHEREAS, on April 13, 1993, the Planning Commission adopted P.C. Resolution
No. 93-09, granting a 5-year extension of Conditional Use Permit No. 171 to VARA, based
upon a lack of any complaints from the neighborhood during the 6-month trial period; and,
WHEREAS, on May 26, 1998, the Planning Commission adopted P.C. Resolution
No. 98-22, granting a further 10-year extension of Conditional Use Permit No. 171 to VARA,
with a condition requiring that the Planning Commission review the permit prior to its
expiration in the event that the subject property was sold or transferred; and,
WHEREAS, on September 22, 2004, and prior to the scheduled expiration of
Conditional Use Permit No. 171, the subject property was sold to the current owners,
Douglas and Nichola Greenup; and
WHEREAS, on November 8, 2004, the new antenna operator, Boat Owners'
Association of the United State (BoatUS) submitted a request for an extension of
Conditional Use Permit No. 171 (Planning Case No. ZON2004-00590), followed by an
authorization from the new property owners on November 19, 2004; and,
WHEREAS, on November 29, 2004,the request for the extension of Conditional Use
Permit No. 171 was 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), Staff found no evidence that the extension of Conditional Use Permit No. 171
would have a significant effect on the environment and,therefore,the proposed project has
been found to be categorically exempt (Class 1, Section 15301(a)); and,
WHEREAS,the Planning Commission held a public meeting on January 11, 2005,to
consider the request for an extension of Conditional Use Permit No. 171, at which time all
interested parties were given an opportunity to be heard and present evidence.
NOW,THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the requested extension of Conditional Use Permit No. 171 for the continued
operation of an existing commercial antenna located at 30057 Matisse Drive:
A. The site is adequate in size and shape to accommodate said use and for all of the
yards, setbacks,walls or fences, landscaping and other features required by this title
[Title 17"Zoning"]or by conditions imposed under this section [Section 17.60.050]to
adjust said use to those on abutting land and within the neighborhood because the
location of the existing antenna complies with the development standards of the RS-
2 district; and adequate parking for the antenna facility is provided in compliance
with Rancho Palos Verdes Development Code (RPVDC) Section 17.76.020(A)(7).
B. The site for the existing use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use because the site is served
by Hawthorne Boulevard and Crest Road, which are major arterial roadways; the
existing use generates negligible additional trips to and from the site; and there is no
evidence of adverse effects upon existing levels of service for abutting public streets
(Matisse Drive) or nearby intersections (Hawthorne Boulevard/Crest Road).
C. In extending the approval of the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use thereof because
no interference problems were reported to the City during the initial 6-month trial
period, the first 5-year extension period for this permit, or the past six-and-a-half
years since the last extension of the permit; and, since no change in the operation of
the antenna is proposed, the City anticipates no interference impacts as a result of
the further extension of this permit.
D. The existing use is not contrary to the General Plan because, as proposed and
conditioned, the project implements goals and policies of the General Plan to
"ensure adequate public utilities and communication services to all residents, while
maintaining the quality of the environment" and "[require] adequate landscaping or
buffering techniques for all new and existing facilities and networks, in order to
reduce the visual impact of many infrastructure facilities and networks"; and is
consistent with the primary use of the site as a single-family residence, the
underlying land use designation of Residential, 1-2 DU/acre, and the surrounding
single-family residential neighborhood.
P.C. Resolution No. 2005-01
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E. The required finding that, if the site of the existing use is within any of the overlay
control districts established by Chapter 17.40 (Overlay Control Districts) of this title
[Title 17 "Zoning"], the proposed use must comply with the requirements of that
chapter, is not applicable because the subject property is not located within an
overlay control district.
F. Conditions regarding any of the requirements listed in RPVDC Section
17.60.050(A)(6), which the Planning Commission finds to be necessary to protect
the health, safety and general welfare, have been imposed, including but not limited
to: setbacks and buffers; fences or walls; lighting; vehicular ingress and egress;
noise, vibration, odors and similar emissions; landscaping; maintenance of
structures, grounds or signs; service roads or alleys; and such other conditions as
will make possible development of the City in an orderly and efficient manner and in
conformity with the intent and purposes set forth in this title [Title 17 "Zoning"], as
described in the conditions of approval of the attached Exhibit 'A '
G. The required finding that either no existing or planned tower can accommodate the
proposed antenna or service area, or that the proposed tower cannot be located on
the site of an existing or planned tower, is not applicable because no new tower is
proposed and, although the existing antenna might possibly be moved to another
existing tower elsewhere in the City or on the Palos Verdes Peninsula, such
relocation is not proposed nor is it warranted based upon any evidence of adverse
impacts attributable to the existing antenna.
Section a The extension of the approval of this permit is consistent with the City's
Wireless Communications Antenna Development Guidelines because the existing antenna
is clearly ancillary to the primary use of the site as a single-family residence; it has no
impact upon view corridors because it is mounted flush with the rear of the house and does
not extend higher than the eave line; the service provided by the antenna is an aid to
navigation and public safety; the existing antenna is nearly indiscernible as it is currently
mounted 'to the house; and the extension of the permit is being granted for a 10-year
period.
Section 3: The extension of the approval of this permit is consistent with
limitations on local zoning authority imposed by the Telecommunications Act of 1996
because the City's conditional approval of this extension request does not unreasonably
discriminate among providers of functionally-equivalent services, or prohibit or have the
effect of prohibiting the provision of personal wireless services;the City has acted upon this
request within a reasonable period of time after the request was duly filed, considering its
nature and scope; the decision to approve this permit has been made and supported by
substantial evidence contained in a written record; and the City's conditional approval of
this request has been made irrespective of any actual or perceived environmental effects
attributable to radio frequency emissions, to the extent that the existing antenna complies
with the Federal Communications Commission's regulations concerning such emissions.
P.C. Resolution No. 2005-01
Page 3 of 6
Section 4m Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.60.060 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15)days following January 11, 2005,
the date of the Planning Commission's final action.
Section m For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby grants a 10-year extension of the
approval of Conditional Use Permit No. 171 for a 19-foot-tall commercial antenna attached
to the rear of a single-family residence in the Monaco community, located at 30057 Matisse
Drive, subject to the conditions contained in Exhibit 'A', attached hereto and made a part
hereof, which are necessary to protect the public health, safety and welfare in the area, and
thereby setting an expiration date of January 11, 2015.
P.C. Resolution No. 2005-01
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PASSED, APPROVED, AND ADOPTED this 1 ith day of January 2005, by the following
vote:
AYES: Chairman Mueller, Commissioners Gerstner, Knight, Perestam
and Tetreault
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Karp
Cr
n
JoR)as, AIC
Di ecto of Plan in Building
an de Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2005-o1
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E HI IT
CONDITIONS F APPROVAL
PLANNING d Z 2004® 0590
( oatU ree u , 30057 Matisse rive)
1. This approval shall be valid for a period of ten (10)years, or until January 11, 2015.
At or prior to the end of the 10-year period, the permit may be extended upon written
request to the City, and subject to the review and approval of the Planning
Commission. The request for extension of this permit must be submitted on or prior
to the expiration date listed above. The permit shall be subject to re-evaluation by
the Planning Commission upon the sale or transfer of the property, or if the City
receives valid complaints about the antenna or interference to radio, television or
other electronic equipment resulting form the operation of the antenna. The
Planning Commission may grant an extension, impose additional conditions as
deemed necessary and appropriate, or revoke the permit upon finding that the
antenna has caused significant adverse impacts to surrounding properties.
However, prior to imposing additional conditions or revoking the permit, the Planning
Commission shall conduct a duly-noticed public hearing in conformance with the
requirements of the Development Code. The applicant shall pay all appropriate fees
for any application to extend this permit
2. Unless otherwise modified by these conditions, all conditions of approval for
Conditional Use Permit No. 171, as originally adopted by the Planning Commission
on September 22, 1992, as P.C. Resolution No. 92-59, and extended by the
Planning Commission on April 13, 1993, as P.C. Resolution No. 93-09 and on May
26, 1998, as P.C. Resolution No. 98-22, remain unchanged, in effect and valid.
3. No modification or addition to the existing antenna or its use shall be made without
prior approval by the City. The Director of Planning, Building and Code Enforcement
shall review any such modification(s)and either approve the modification(s)or refer
the matter to the Planning Commission for review.
4. The applicant, Boat Owners' Association of the United States (BoatUS), and its
successors in interest in the operation of the antenna, shall be required to obtain
and maintain a valid City business license for each and every year that the antenna
is in place and in operation on the subject property.
M:\Projects\ZON2004-00590(BoatUS-Greenup,30057 Matisse Dr)\PC Resolution 2005-01.doc
P.C. Resolution No. 2005-01
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