PC RES 2005-032 P.C. RESOLUTION NO. 2005®
RESOLUTION F THE PLANNINGCOMMISSION F THE CITY OF
RANCHOL VERDES APPROVING, WITH CONDITIONS, A
CONDITIONAL PERMIT (CASE NO. Z 2005-00114) ALLOWING
TWO CELLULART S (TO BE MOUNTEDTO THE FAQADE OF
THE EXISTING BUILDING, FOR PROPERTY LOCATED AT 26231 SILVER
SPUR ROAD.
WHEREAS, on March 10, 2005, the applicant submitted a Conditional Use Permit
application requesting to construct two cellular panel antennas to the side of an existing
building. Staff completed the initial review of this application on April 8,2005, at which time
the application was deemed incomplete due to insufficient and missing information on the
project plans. On April 25, 2005, the applicant submitted the remaining information to the
City that was required in order to complete the application; and,
WHEREAS, the Conditional Use Permit application was deemed complete by staff
on May 24, 2005; 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 Conditional Use Permit would have a
significant effect on the environment and, therefore, the proposed project has been found
to be categorically exempt under Class 1 (Section 15301); and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on July 12, 2005, at which time all interested parties were given opportunities to be
heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The approved project consists of two cellular panel antennas to the
side of an existing building. Additionally, the approved project allows the related support
equipment to be adjacent to a retaining wall between the parking lot and sanctuary
building.
Section 2: The Conditional Use Permit is warranted since 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 under this section to integrate said use with those on adjacent land and within the
neighborhood. By fagade mounting the equipment, the proposed project will not alter or
otherwise impact the existing yards, setbacks, walls, fences, and/or landscaping of the
subject site.
Section 3® The Conditional Use Permit is warranted since the site for the
proposed use relates to streets and highways sufficient to carry the type and quantity of
traffic generated by the use. Since the cellular antennas are unmanned, only minimal
vehicle trips will be generated for maintenance and repairs. The surrounding streets are of
sufficient capacity to accommodate this negligible increase.
Section 4: The Conditional Use Permit is warranted since in approving the subject
use at the specific location, there will be no significant adverse effect on adjacent property
or the permitted use thereof. The use of a faux wall that matches the existing building to
disguise the antennas is harmonious with the aesthetics of the surrounding residential
properties. Furthermore, the use of the existing building negates the need to construct a
new tower in the area. Finally, Federal Law requires that the applicant operate and
maintain the antennas within FCC guidelines, thus not significantly impacting the use of
other adjacent properties.
Section5: The Conditional Use Permit is warranted since the proposed use is not
contrary to the General Plan. It is a goal of the General Plan to ensure adequate
communication services are provided to all residences,while maintaining the quality of the
environment. The facility will meet this goal by increasing the capacity of the cellular
communication system, while utilizing a design that aesthetically complements the
neighborhood.
Section 6® The Conditional Use Permit is warranted since if the site of the
proposed use is within any of the overlay control districts established by Chapter 17.40
(Overlay Control Districts) of the Municipal Code, the proposed use complies with all
applicable requirements of that chapter. The subject site is not located within any overlay
control districts, as established by Chapter 17.40, of the Municipal Code
Section 7: The Conditional Use Permit is warranted since conditions regarding
any of the requirements, which the Planning Commission finds to be necessary to protect
the health, safety and general welfare, have been imposed. As noted in the following
section (#8), this approval is subject to the conditions of approval, which are attached
hereto and made a part hereof, and are necessary to protect the public health, safety and
welfare.
Section 8e For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of these proceedings,the Planning
Commission of the City of Rancho Palos Verdes hereby approves the Conditional Use
Permit (Case No. ZON2005-00114), thereby approving two cellular antennas to be
mounted on the fagade of the existing building, and the related support equipment to be
adjacent to a retaining wall between the parking lot and sanctuary building, subject to the
P.C. Resolution No. 2005-32
Page 2of6
conditions of approval, as contained in Exhibit "A", attached hereto and made a part
hereof, which are necessary to protect the public health, safety and welfare.
Section 9: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.76.020, and
17.80.070 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 July 27, 2005
PASSED, APPROVED AND ADOPTED this 12th
day of July 2005, by the following vote:
AYES: GOLIDA, KARP, KNIGHT, PERESTAM, TETREAULT
NOES:NONE
ABSTENTIONS: NONE
ABSENT: GERSTNER, MUELLER
Paul Tetreault,
Chairman
Jo 1 R jas, AIC�
Di
Jo
rof Plan %, Building and Code Enforcement; and,
c
S cr ary to the Planning Commission
P.C. Resolution No. 2005-32
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Exhibit "A"
Conditions of Approval
(Planning o ission Resolution No. 2005-32)
Conditional Use Permit (Case No. Z 005-00114)
1. The Conditional Use Permit allows the installation of two cellular antennas on the
southern fagade of the existing sanctuary building, facing the Silver Spur Road.
Additionally, equipment cabinets are approved to be located adjacent to a retaining
wall between the parking lot and sanctuary building.
2. Approval of this Conditional Use Permit shall not.be construed to mean any waiver
of applicable and appropriate zoning regulations, or any Federal, State,County, and ,
City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
3. The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety(90)days of the effective date
of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the"plan check" review process, pursuant to Section 17.86.070 of
the City's Development Code. This approval shall become null and void if, after
initiating the "plan check" review process, or receiving a building permit to begin
construction, said "plan check" or permit is allowed to expire or is withdrawn by the
applicant.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through
Saturday. No work is permitted on Sundays or legal holidays.
7. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8. The construction site, adjacent public and private properties shall be kept free of all
loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be
limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
P.C. Resolution No. 2005-32
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9. In the event that a Planning requirement and a Building &Safety requirement are in
conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
11. The antennas shall be located behind a faux wall, as noted on the plans stamped,
and dated the effective date of this approval, approved by the Planning
Commission.
12. The faux wall and cable trays shall be textured and painted to match the existing
building.
13. Prior to the issuance of buildingpermits, the applicant (Sprint PCS) and the
property owner shall submit a letter, which states that they agree to cooperate in
possible future co-location of additional PCS and other wireless communications
facilities on this building. Under the terms of this agreement, the applicant and
landowner shall be obligated to:
a) Respond in a timely, comprehensive manner to a request of information from
a potential shared-use applicant; and
b) Negotiate in good faith for shared use by third parties.
14. The wires and cables to the antenna panels shall not be exposed.
15. This approval does not include the use or installation of a permanent back-up
generator for the antenna support equipment. Any future request for a permanent
back-up generator will require the approval of a conditional use permit revision by
the Planning Commission. However, the use of temporary back-up generator
during emergencies or extended power outages is permitted, provided that the
generator does not exceed 65 dBA, as measured from the closest adjacent property
line.
16. Any exterior maintenance lights within the equipment area shall be "downcast"
fixtures and shall only be illuminated if emergency nighttime maintenance work is
necessary. All routine maintenance and repair work shall occur during daylight
hours. All exterior lighting shall conform to the provisions of Section 17.56.040 of
the Rancho Palos Verdes Development Code.
17. The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from all, property lines of the subject property. Any additional 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.
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18. The applicant shall submit updates on wireless communications technology to the
Director of Planning, Building, and Code Enforcement every five years, or as
needed as determined by the Director. The purpose of these updates is to identify
both new and emerging technologies, as well as outdated or obsolete technologies
whose facilities and infrastructure could be replaced or removed. Additionally,
Sprint PCS shall keep on file with the City the name, address, and phone number of
a contact person for said updates. The contact information shall be filed with
the Director of Planning, Building and Code Enforcement prior to the issuance
of building permits.
19. This Conditional Use Permits all expire ten (10)years after its approval date;
t such time, the wireless antennas and all related equipment shall be
removed from the site. However, the Planning Commission shall grant an
extension to the Conditional Use Permit provided the service provider
demonstrates that the antennas and related equipment are not using obsolete
technology and are still in use.
20. Prior to the issuance of building permit final, planning staff shall inspect the site
to ensure compliance with the approved project and the conditions of approval.
P.C. Resolution No. 2005-32
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