PC RES 2007-012 P.C. RESOLUTION NO. 2007-12
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES VERDECONDITIONALLY
APPROVING CONDITIONAL US E IT (PLANNING
CASE NO. ZON2006-00627) FOR A 12-FOOT-TALL, 230-
U -F T WIRELESS TELECOMMUNICATIONS
EQUIPMENT E CL URE ON THE SITE OF THE EXISTING
SOUTHERN CALIFORNIA EDISON CREST SUBSTATION,
LOCATED AT 28637 CRENSHAW BOULEVARD
WHEREAS, on November 22, 2006, the applicant, Metro PCS, submitted an
application for Planning Case No. ZON2006-00627 for a conditional use permit to allow the
installation of a wireless telecommunications equipment enclosure on the site of Southern
California Edison's Crest Substation; and,
WHEREAS, on December 22, 2006, the application for Planning Case
No. ZON2006-00627 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 conditional use
permit would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt (Class 3, Section 15303(d)); 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 February 13, 2007, at which time all interested parties were given an opportunity to be
heard and present evidence.
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 requested conditional use permit to allow the construction of a 12-foot-tall,
230-square-foot wireless telecommunications equipment enclosure on the subject property:
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 height and location of the proposed enclosure complies with the
development standards of the I district; and adequate parking for the 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 Crestridge Road, which is a local roadway; the proposed use will generate
negligible additional trips to and from the site; and there is no evidence of adverse
effects upon existing levels of service for Crestridge Road or its intersections with
Highridge Road or Crenshaw Boulevard.
C. In approving 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
antennae or other radiating elements are proposed to be installed on the subject
property; and the proposed project will be substantially screened from view by
existing fencing and foliage on the subject property.
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 utility substation,the underlying land
use designation of Institutional, and the surrounding single-family residential and
institutional neighborhoods.
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.
E. 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 or
antennae are proposed.
P.C. Resolution No. 2007-12
Page 2 of 7
Section 2: The approval of this conditional use permit is consistent with the City's
Wireless Communications Antenna Development Guidelines because the proposed
equipment enclosure will be clearly ancillary to the primary use of the site as a utility
substation; it will have no impact upon view corridors because it is only twelve feet(12')tall
and will be substantially screened from view by existing foliage and fencing on the subject
property; and the issuance of the permit is being granted for a 10-year period.
Section 3a The approval of this conditional use permit is consistent with limitations
on local zoning authority imposed by the Telecommunications Act of 1996 because the
City's conditional approval of this permit 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 proposed project complies with the
Federal Communications Commission's regulations concerning such emissions.
Section 4e 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,
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
February 13, 2007, the date of the Planning Commission's final action.
Section ® 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
conditional use permit (Planning Case No. ZON2006-00627)for the construction of a 12-
foot-tall, 230-square-foot wireless telecommunications equipment enclosure on the site of
the existing Southern California Edison Crest Substation, located at 28637 Crenshaw
Boulevard, subject to the conditions of approval in the attached Exhibit 'A'.
P.C. Resolution No. 2007-12
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PASSED, APPROVED, AND ADOPTED this13 to day of February 2007, by the following
vote:
AYES: Commissioners Karp:), Lewis, Perestam, Ruttehberg and Tetreault,
Vice Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT: none
m Knig
hairma
Joel Roj s, AICP
Directoof lanning, ilding
and Co nforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-
Page 4 of 7
EXHIBITW
CONDITIONS APPROVAL FOR
PLANNING CASE . ZO2006-00627
(Metro PCS-SCE, 28637 Crenshaw 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 12-foot-tall, 230-square-foot wireless telecommunications
equipment enclosure on the site of the existing Southern California Edison Crest
Substation. 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
conditional use 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.
Otherwise, a conditional use permit revision must be approved prior to further
development.
P.C. Resolution No. 2007-12
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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.
Conditional Use Permit Conditions:
11. This approval shall be valid for a period of ten (10) years from the date of the City's
final action, or until February 13, 2017. The applicant and/or its successor(s)
interest may request an extension of this approval, in writing and accompanied by
the applicable fee, so long as such extension request is filed with the City on or
before the date of expiration.
12. Notwithstanding the two (2) geo-positioning satellite (GPS) antennae depicted on
the approved plans, no commercial antenna panels or other radiating elements
operated by the applicant and/or its successor(s) in interest shall be installed on the
subject property without the advance approval by the Planning Commission of a
revision to this conditional use permit.
13. A minimum of two (2) off-street parking spaces for support and service vehicles
shall be maintained and accessible at all times. Each parking space must have
minimum dimensions of 9' in width and 20' in depth, with minimum 7' vertical
clearance.
14. The equipment enclosure shall be of a color that blends with the existing foliage on
the Crest Substation site,to the satisfaction of the Director of Planning, Building and
Code Enforcement.
P.C. Resolution No. 2007-12
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15. The applicant and/or its successor(s)shall obtain the necessary approvals to install
commercial antennae in the City's public rights-of-way—to be served by the wireless
telecommunications equipment permitted by this approval—from the Director of
Public Works.
MAProjects\ZON2006-00627(Metro PCS-SCE,28637 Crenshaw Blvd)\PC Resolution 2007-12.doc
P.C. Resolution No. 2007-12
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