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PC RES 2006-063 P.C. RESOLUTION NO. 2006-63 RESOLUTION F THE PLANNING ISSI F THE CITY OF RANCHO PALPALOS VERDES CONDITIONALLY APPROVING NON-COMMERCIAL AMATEUR RADIO ANTENNAPERMIT(PLANNING SE NO. Q 2006 0227) FOR THE ERECTIONF A 112.67-FOOT-TALL AMATEUR RADIO ANTENNA TOWER QUA E- T EMERGENCY COMMUNICATIONS CENTER ADJACENT T T "PALO"PALOS VERDES ON THE T97 STUDIO UIL I T POINT VICENTE A CIVIC CENTER, LOCATED T 30938HBOULEVARD WHEREAS, on April 20, 2006,the City Manager's office submitted an application for Planning Case No. ZON2006-00227 for a 69.8-foot-tall amateur radio antenna tower and 280-square-foot emergency communications center at Point Vicente Park and Civic Center; and, WHEREAS, on June 23, 2006, the application for Planning Case No. ZCN2006-00227 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 approval of the requested non-commercial amateur radio antenna permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on August 8, 2006, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on August 8, 2006,the Planning Commission adopted P.C. Resolution No. 2006-41,thereby conditionally approving the requested non-commercial amateur radio antenna permit; and, WHEREAS, on August 23, 2006, the La Cresta PointeHomeowners' Association filed a timely appeal of the Planning Commission's approval of this non-commercial amateur radio antenna permit to the City Council; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code,the City Council held a duly-noticed public hearing to consider the appellant's appeal on October 3, 2006, and October 17, 2006, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on October 17,2006,the City Council adopted Resolution No.2006-81, thereby denying the appeal and upholding the Planning Commission's approval of the request non-commercial amateur radio antenna permit; and, WHEREAS, in adopting Resolution No. 2006-81, the City Council remanded the application for the non-commercial amateur radio antenna permit (Planning Case No. ZON2006-00227) to the Planning Commission for consideration of a revised project with a nesting tower height of fifty-five feet(55) and overall height of 69.8 feet to the top of the antenna, which can be raised to a maximum overall height of one hundred feet (100') feet during an emergency, as authorized by the City or requested by the County Sheriff's or County Fire departments, and for testing of the antenna assembly's mechanical and operational facilities; and, WHEREAS, the City Council also directed the City's Emergency Preparedness Committee to submit a revised application for the taller antenna tower by December 16, 2006, and directed the Planning Commission to conduct a public hearing to consider the revised application with sixty (60) days of the date on which it was deemed complete for processing; and, WHEREAS, on October 25, 2006, the City Manager's office submitted a revised application for Planning Case No. ZON2006-00227 for a 112.67-foot-tall amateur radio antenna tower and 280-square-foot emergency communications center at Point Vicente Park and Civic Center; and, WHEREAS, on November 10, 2006, the revised application for Planning Case No. ZON2006-00227 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 approval of the revised request for a non- commercial amateur radio antenna permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on December 12, 2006, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2006-63 Page 2 of 8 NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a non-commercial amateur radio antenna permit to allow the erection of a 112.67-foot-tall antenna tower and 280-square-foot emergency communications center at Point Vicente Park and Civic Center: A. The proposed antenna assembly does not significantly impair a view, as defined in Section 17.02.040 of the Development Code,from a surrounding lot. The City used a "cherry picker" to assess the view impacts of the proposed antenna tower and prepared photographic simulations of these impacts upon homes in the 30900-block of Via La Cresta (La Cresta Pointe), which appeared to be the most likely to experience significant view impacts as a result of the proposed project. Based upon these simulations, the Planning Commission found that, although the antenna assembly will be visible from surrounding properties, the location and height of the assembly will not significantly impair views of the ocean or Santa Catalina Island. The tower will not extend higher than the distant ocean horizon as viewed from the La Cresta Pointe community. The actual tower will also be of similar or less reflectivity than the existing cellular telephone monopole on the property, which is also visible from homes in the La Cresta Pointe community. B. The Planning Commission's action considers the degree to which refusing or conditioning the permit would interfere with the applicant's ability to receive and/or transmit radio signals on amateur frequencies. There are several existing amateur radio antennae on or near the studio building. Currently, these antenna provide less-than-optimal coverage and connectivity to the Lomita sheriff's station due to the height of the antennae and the topography of the Peninsula. The proposed antenna tower would accommodate many of these existing antennae at higher elevations that would improve their effectiveness in communications with the north and east sides of the city. In addition, long-distance communications to Sacramento and out-of-state would be possible, rather than relying solely on the Lomita sheriffs station to relay the City's communications in an emergency. The proposed antenna tower is the lowest tower that will allow for these emergency communications. In addition, since the antennae on the tower will be tested on a weekly basis and should be available for immediate use in the event of an emergency, the tower will not be retracted when not in use, although it would be physically possible to do so. However, the Planning Commission's approval of this proposal is conditioned upon limits to the height, color, finish and lighting of the antenna tower, and to require the maintenance of foliage as visual screening. The Planning Commission finds that these conditions reasonably accommodate the applicant's ability to receive and/or transmit radio signals on amateur frequencies and appropriately balances that right with the goals of the City's General Plan and Development Code. P.C. Resolution No. 2006-63 Page 3 of 8 C. Adequate provision is made for safety, and all applicable Building Code requirements—such as wind load and seismic design criteria—and Development Code requirements—such as setbacks—are met. Prior to its erection,the antenna tower will require review and approval by the City's Building Official, who will consider issues such as wind load, seismic design and soils conditions. The location of the proposed antenna tower complies with the development standards of the I district,which is the zoning designation for the portion of the Point Vicente Park and Civic Center site on which it is to be located. D. Appropriate conditions to minimize significant view impairment and to promote the goals of the General Plan and Development Code have been imposed, such as location restrictions, array size restrictions, mass of tower restrictions, height restrictions, and elimination of guy wires. Specific conditions include requiring the approval of the City's Building Official and geotechnical consultant; specifying the color and finish of the antenna tower; prohibiting any lighting unless required by the Federal; Aviation Administration (FAA); and maintaining existing foliage to provide visual screening. The Planning Commission finds that these conditions will minimize view impairment, protect public health, safety and welfare, and reasonably accommodate the use of the tower for amateur radio purposes. Section 2: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.76.020(D)(4) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15)days following December 12, 2006, the date of the Planning Commission's final action. Due to the closure of City Hall offices from December 25, 2006 through January 1, 2007, the appeal period for this decision will be extended by three(3) business days until January 4, 2007. Section 3: 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 conditionally approves a non- commercial amateur radio antenna permit revision (Planning Case No. ZON2006-00227) for the erection of a 112.67-foot-tall amateur radio antenna tower and 280-square-foot emergency communications center adjacent to the "Palos Verdes on the Net" studio building at Point Vicente Park and Civic Center, located at 30938 Hawthorne Boulevard, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2006-63 Page 4 of 8 PASSED,APPROVED, AND ADOPTED this 12 t"day of December 2006, by the following vote: AYES: Commissioners Lewis, Perestam and Ruttenberg, Vice Chairman Gerstner and Chairman Knight NOES: none ABSTENTIONS: Commissioner Karp ABSENT: Commisgioner_letreaiilt J' Knig hair n Joel of s, ACCP Dir for f Planni�gj wilding and o e Enforcement; and, Secre ary to the Planning Commission P.C. Resolution No. 2006-63 Page 5 of 8 EXFII BIT 'N CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2006-00227 (City-EPC, 30938 Hawthorne Boulevard) General Conditions: 1 Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for a 112.67-foot-tall amateur radio antenna tower and 280-square- foot emergency communications center. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the non-commercial amateur radio antenna permit by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the I district development standards of the City's Municipal Code. 5. 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. 6. If the project has not been established (i.e., building permits obtained)within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. P.C. Resolution No. 2006-63 Page 6 of 8 Otherwise, a non-commercial amateur radio antenna permit revision must be approved prior to further development. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department,the stricter standard shall apply. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7.00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. Non-Commercial Amateur Radio Antenna Permit Conditions: 11. The erection of the approved antenna tower and the installation of the approved emergency communications center shall be subject to the review and approval of the City's Building Official and geotechnical consultant. 12. The maximum overall height of the antenna tower and attached antennae is 112.67' above grade at the base of the tower. The tower itself shall be a triangular lattice- type tower, tapering from twenty-five-and-five-eighths inches (25%") across at its base to twelve-and-one-half inches (12Y2") across at its top. A maximum of three (3)2-inch diameter vertical antenna elements will be attached to the antenna tower. In addition, an 82-foot-long wire antenna would also be strung from the antenna tower (at the 72-foot level) to a 10-foot-tall support pole on the nearby earthen berm. No other additional radiating elements maybe attached to the tower without the approval of the Planning Commission. No commercial use of the antenna tower or any radiating elements is permitted. P.C. Resolution No. 2006-63 Page 7 of 8 13. The tower shall normally be nested at a height not to exceed 69.8 feet, but can be raised to its maximum overall height during an emergency,as authorized by the City or requested by the County Sheriffs or County Fire departments, and for testing of the antenna assembly's mechanical and operational facilities. Routine testing and maintenance of the antenna tower shall be permitted up to six(6)times per year for a maximum of twenty-four(24)consecutive hours per incident. Whenever possible, testing of the antenna tower should be done during non-daylight hours so as to minimize visual impacts to surrounding properties. 14. The antenna tower shall have an unpainted, galvanized metal finish. 15. No lights may be placed upon the antenna tower, nor may it be otherwise illuminated in any manner, unless the applicant is required by the Federal Aviation Administration (FAA) to illuminate any portion of the antenna tower in order to comply with the provisions of 14 CFR Part 77 or any other applicable State or Federal regulations. 16. The maximum height of the 280-square-foot modular building serving as the emergency communication center shall be 11'to 13' above grade, depending upon the method of installation/anchoring. The emergency communications center shall be painted to match the adjacent studio building. Any exterior mechanical equipment shall be visually screened with landscaping, lattice panels or fencing, or other means satisfactory to the Director of Planning, Building and Code Enforcement. Skirting shall be provided around the perimeter of the building in order to visually screen any support piers or pylons. 17. The existing foliage surrounding the studio building, antenna tower and emergency communications center shall be maintained so as to provide visual screening of the antenna tower and emergency communications center, to the extent that such foliage does not now or in the future significantly impair the view from the viewing area of a nearby residence, as defined in Section 17.02.040 of the Rancho Palos Verdes Municipal Code. M:\Projects\ZON2006-00227(City-EPC,30938 Hawthorne Blvd)\PC Resolution 2006-63.doc P.C. Resolution No. 2006-63 Page 8 of 8