PC RES 2006-053 P.C. RESOLUTION NO. 2006- 3
RESOLUTION F THE PLANNING I I F THE CITY OF
RANCHO PALOSVERDEVERDES CONDITIONALLY APPROVING CASE NO.
ZON2005-00393 FOR CONDITIONALPERMIT N . 190, REVISION ,
THEREBY ALLOWING THE CO-LOCATION OF TWELVE ADDITIONAL
ANTENNA PANELSTHREE FAQADE ELEVATIONS OF THE
EXISTING U L UBUILDING AT THE HILLS CEMETERY
LOCATED T 27501 WESTERN AVENUE.
WHEREAS, on June 25, 1996,the Planning Commission approved Conditional Use
Permit No. 190, allowing the initial installation of a wireless facility consisting of four wall
mounted antenna panels on the western and southern fagades of the Cloisters Mausoleum
building located at the northeastern portion of the Green Hills Cemetery site; and,
WHEREAS, on July 25, 2000,the Planning Commission approved Conditional Use
Permit No. 190, Revision A, allowing the installation of two additional wall-mounted
antenna panels on the eastern fagade of the Cloisters Mausoleum building; and,
WHEREAS,on July 27,2005, Cingular Wireless submitted a Conditional Use Permit
application (hereinafter referred to as Case No. ZON2005-00393) for twelve antenna
panels on the Cloisters Mausoleum building at the Green Hills Cemetery site along with
support equipment; and,
WHEREAS, on August 24, 2005, Case No. ZON2005-00393 was deemed
incomplete by Staff pending the submittal of additional information; and,
WHEREAS, after the submittal of additional information required by Staff, including
installation of full-scale mock-ups, Case No. ZON2005-00393 was deemed complete on
September 13, 2006; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA`®), the States 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 Case No. ZON2005-00393 would have a
significant effect on the environment and, therefore, the proposed project has been found
to be categorically exempt (Class 1, Section 15301); and,
WHEREAS, on October 10, 2006, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed
public hearing to consider Case No. ZON2005-00393.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
P.C. Resolution No. 2006-53
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Section 1: The site is adequate in size and shape to accommodate said use and
for all the features required by Title 17 and by conditions imposed to ensure that the
proposal does not negatively impact abutting land uses and those within the neighborhood.
The location of the proposed antenna panels will be mounted on the fagades of an existing
building and will not require anew tower. Further, adequate parking for the antenna facility
is provided in compliance with the minimum required; and screening for the antennae and
equipment are provided by architecturally compatible RF screening and by foliage. Lastly,
the antenna panels will not be readily visible from adjacent properties since the building is
located over 400-feet from the closest residence and over 200-feet from the closest public
right-of-way.
Section 2a 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 site is
served by Western Avenue,which is a State highway(SR 213)and is identified as a major
arterial in the City's General Plan. The proposed use will generate negligible additional
trips to and from the site, and there will be no adverse effect upon existing levels of service
for abutting public streets or nearby intersections.
action 3e There will be no significant adverse effect on adjacent property or the
permitted use because the antennae will not increase the height of the building, the
building and antennae are located over 400-feet from the closest residence and over 200-
feet from the closest public right-of-way so that it is not readily visible, and adequate foliage
exists to screen the project. Further, the cable tray and RF screening will contain finish
material that is consistent with the existing material and color of the building. Lastly, the
related mechanical equipment cabinet will be located underground and will not be readily
visible.
Section 4: The proposed 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"; and is consistent with
the intent and purpose of the Commercial Antenna Section of the Development Code"...to
minimize the need to construct new towers."
Section 5: Conditions have been imposed to protect the health, safety and
general welfare, which includes buffers and landscaping, maintenance of structures, and
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 the City's Development
Code, as identified in Exhibit "A" hereto.
Section 6: The proposed antenna facility is consistent with the Wireless
Communications Antenna Development Guidelines adopted on June 24, 1997 and revised
on October 26, 2004 by the Planning Commission since, the application is be processed
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expeditiously, the proposal includes using an existing mausoleum building that is a non-
residential structure accommodating co-locations, there is no view impairment and no
significant adverse effects upon the public that would be disproportionate to the property
owner's benefit from the proposal, and the facility is screened by the existing features of
the site and by the remote location of the facility.
Section 7- The City's review of Case No. ZO2005-00393 is consistent with the
local zoning authority reserved to the City under the Telecommunications Act of 1996.
Section : 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, which contain
grounds of appeal and with the appropriate appeal fee, no later than fifteen (15) days
following October 10, 2006, the date of the Planning Commission's action.
Section e For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No. ZON2005-00393, subject to the conditions of
approval contained in the attached Exhibit "A", attached hereto and made a part hereof,
which are necessary to protect the public health, safety, and welfare.
PASSE®, APPROVE®, and ADOPTED this 10th day of October 2006 by the
following roll call vote:
AYES: Gerstner, Knight, Karp, Lewis, Perestam, Ruttenberg, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: None
JKChai4Wn
Joe R 'as, A10P
Dir
ct of
PI n ng, Building and
Co nforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2006-53
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EXHIBITW
CONDITIONS OF APPROVAL
CASE NO. ZON2005-00393
(CONDITIONAL USE PERMIT)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check,the applicant and/or
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 approval. Failure to
provide said written statement within ninety(90)days following the date of this approval
shall render this approval null and void.
2. This approval is for twelve wall-mounted antenna panels on the Cloisters Mausoleum
building and an underground equipment unit adjacent to the building. Specifically,four
antenna panels are approved on the northern and southern fagades at the upper level
portion of the mausoleum building. Further, four antenna panels are approved on the
eastern fagade at the middle level portion of the mausoleum building. The underground
equipment unit is approved west of the building.
3. This Conditional Use Permit shall expire ten (10) years after its approval date, on
October 10, 2016; at 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.
4. The applicant, or wireless carrier utilizing the antennae, shall submit updates on
wireless communications technology for the antennae to the Director of Planning,
Building and Code Enforcement, which identify both new and emerging technologies,
as well as outdated or obsolete technologies whose facilities and infrastructure could be
replaced or removed. Said information shall be submitted within 30-days of the fifth
year of approval (by November 9, 2011).
5. The antenna panels shall be located under the existing roof eaves. No improvements
or structures are allowed on the roof of the building.
6. The wall-mounted antenna panels along the northern and southern elevations shall be
screened with foliage to the satisfaction of the Director of Planning, Building and Code
Enforcement.
7. The power cables and conduits shall not be visible, and shall be enclosed within a
cable chase of a color and material that is consistent with the existing mausoleum
building.
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8. The antenna panels along the eastern elevation shall be screened with RF screen
materials of a color and material that is consistent with the existing mausoleum building.
Further, the screen material shall run the height of the fagade to create an articulated
fagade, consistent with the plans approved by the Planning Commission on October 10,
2006.
9. Although approval is granted for the installation of a power back-up cabinet,the power
back-up shall not be used as a permanent source of power. Use of the power back-up
equipment shall be limited to emergencies,extended power outages,or maintenance of
the facility, and shall not exceed 65 decibels as measured from the closest adjacent
property line.
10.Failure to comply with and adhere to all of these conditions of approval may be cause
to revoke the approval of the project by the Planning Commission after conducting a
public hearing on the matter.
11.If the facility has not been established (i.e., plans submitted to Building and Safety for
"plan check") within one year of the approval of this permit by the Planning
Commission, the approval shall become null and void, unless a written request for
extension is filed with the Department of Planning, Building and Code Enforcement and
approved by the Planning Commission. Otherwise, a conditional use permit revision
must be approved prior to further development.
12.The applicant shall obtain all required permits from the Building and Safety Division.
13.In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter shall apply.
14.The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays. These
limitations also apply to maintenance of the facility.
15.Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
16.Prior to building permit issuance, the applicant and landowner shall agree, in writing,
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 for information from a
potential shared-use applicant; and
b) Negotiate in good faith for shared use by third parties.
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Copies of said agreements shall be provided to the City prior to issuance of a building
permit.
17.Prior to building permit final, Planning Staff shall verify that the cable tray used to
screen the power cables and conduits for the antenna panels are mounted flush to the
building fagade, and that the material and color of the cable tray is consistent with the
color and material of the existing mausoleum building upon which the antennae are
mounted.
18.Prior to building permit final, Planning Staff shall verify that the color and material of the
RF screening for the antenna panels on the eastern elevation are consistent with the
color and material of the existing mausoleum building upon which the antennae are
mounted.
19.Prior to building permit final, Planning Staff shall verify that mature foliage is planted
along the northern and southern elevations to screen the wall-mounted antenna panels,
to the satisfaction of the Director of Planning, Building and Code Enforcement. Further,
said foliage shall be trimmed and maintained to not exceed the height of the ridgeline of
the mausoleum building.
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