PC RES 2007-021 P.C. RESOLUTION NO. 2 7-21
RESOLUTION OF THE PLANNING I 1
THE CITY OF RANCHO PALOSVERDEVERDES APPROVING
CONDITIONAL USE PERMIT CASE NO. N2006-0015
TO ALLOW THE INSTALLATION F FOUR (4) 5'-HIGH
TELECOMMUNICATION ANTENNAE N RELOCATE
T (2) 5'-HIGH EXISTING TELECOMMUNICATION
ANTENNAE INSIDE F A 5'X ' 5' (LENGTH, WIDTH,
HEIGHT) HIMN -LIK T UCT RE ATOP THE 32%
HIGH ROOF OF THE EXISTING UILI , AS WELL AS
TO EXPANDTHE EXISTING 46 SQUARE FOOT GROUND
LEVEL E UI ENT ROOM BY 44 SQUARE FET T
ACCOMMODATE THE INSTALLATION OF T ( )
CABINET EQUIPMENTS, SITUATEDT 28041
HAWTHORNE BOULEVARD.
WHEREAS, on March 15, 2006, MMI Titan (the Applicant) for Cingular Wireless,
submitted a Conditional Use Permit Case application No. ZON2006-00159 and
associated Environmental Assessment to install four (4) new telecommunication
antennae and relocate two (2) existing telecommunication antennae inside of a
chimney-like structure measuring 5'x8'x5' (length, width, height) atop the existing 32'-
high building. In addition, a proposal to expand the existing 46 square foot equipment
room by 44 square feet to accommodate the installation of two (2) cabinet equipments
was also requested; and,
WHEREAS, on April 13, 2006, the application for Case No. ZON2006-00159 was
deemed incomplete by Staff; and,
WHEREAS, on November 30, 2006, after receiving additional information and
verifying the silhouette construction of the proposed chimney-like structure, the
application was deemed generally complete for processing; 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 Regulation, 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 Conditional Use Permit Case
No. ZON2006-00159 and associated Environmental Assessment 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,
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WHEREAS, on December 12, 2006, the notice of the proposed project was
mailed to property owners within a 500'-radius of the subject site and duly noticed in the
Peninsula News on December 14, 2006; and,
WHEREAS, in the days before the scheduled public hearing on January 9, 2007,
Staff was informed that a new representative (the Applicant) has been assigned the task
of managing the proposed project; and,
WHEREAS, the Applicant requested to withdraw the then-application in order
that the proposed project would be revised to address concerns previously raised by
Staff; 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 January 9, 2007, at which time all interested parties were given an
opportunity to be heard and present evidence. The Commission approved the
Applicant's request to withdraw the proposed project; and,
WHEREAS, on March 7, 2007, after receiving revised plans and verifying the
silhouette construction of the proposed chimney-like structure, a new application was
deemed generally complete for processing; and,
WHEREAS, on March 8, 2007, the notice of the proposed project was mailed to
property owners within a 500'-radius of the subject site and duly noticed in the
Peninsula News on March 10, 2007; 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 March 27, 2007, 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 hereby makes the following findings of
fact with respect to the application for Conditional Use Permit Case No. ZON2006-
00159 for the installation of four (4) 6-high telecommunication antennae and the
relocation of two (2) 6-high existing telecommunication antennae inside of a 5'x8,x5'
(length, width, height) chimney-like structure atop the 32'-high roof of the existing
building at 28041 Hawthorne Boulevard, including related equipment cabinet:
A. The site is adequate in size and shape to accommodate the
proposed use and for all of the yards, setbacks, walls, fences,
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landscaping and other features required by the Development Code
or by conditions imposed to integrate said use with those on
adjacent land and within the neighborhood because the proposed
project complies with the City's development standards for
commercial antennae installation; the proposed antennae and
support equipment do not encroach into any required setback areas
or exceed the height of 100 feet for an unguyed tower; there is
adequate off-street parking to meet the requirement for two (2) off-
street parking spaces for maintenance and service vehicles; and
the antennae do not require special markings or lighting to comply
with Federal Aviation Administration (FAA) requirements.
B. 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 subject property is served by Hawthorne
Boulevard and Granvia Altamira, which are public streets that are
fully improved with curbs and sidewalks; and the only traffic
expected to result from the proposed project is an occasional
service vehicle for Cingular Wireless at nights every few weeks for
maintenance.
C. In approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use
thereof because the proposed project involves only minor physical
modifications to the existing site; the support equipment would not
generate any significant noise and the painting of the antennae to
match the color of the existing light standard would minimize its
visual impacts. In regards to radio frequency emissions, the City is
prohibited from "[regulating] the placement, construction, and
modification of personal wireless service facilities on the basis of
the environmental effects of radio frequency emissions to the extent
that such facilities comply with the [Federal Communications]
Commission's regulations concerning such emissions," pursuant to
the Telecommunications Act of 1996.
D. The proposed use is not contrary to the General Plan because the
subject property is designated Commercial Limited (CL). As
reflected in the City's Wireless Communication Antenna
Development Guidelines, the installation of antennae in non-
residential areas and the utilization of screening techniques, i.e.,
installing the antennae inside of the chimney-like structure which
match the existing appearance of the building, locating the support
equipment in an enclosure behind the Granvia Altamira
thoroughfare is consistent General Plan goals and policies calling
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upon the City to "ensure adequate public utilities and
communications 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 impacts of many infrastructure facilities
and networks."
E. The required finding that, if the site of the proposed use is within
any of the overlay control districts established by RPVDC Chapter
17.40 (Overlay Control Districts), the proposed use complies with
all applicable requirements of that chapter is not applicable
because the subject property is not located within any of the
overlay control districts established by RPVDC Chapter 17.40.
F. Conditions of approval, which the Planning Commission finds to be
necessary to protect the health, safety and general welfare, have
been imposed and include painting the proposed antennae to
match the color of the existing light standard in order to reduce their
visual impact, ensuring that the proposed antennae will not extend
higher than 100 feet to protect views from surrounding properties;
prohibiting the use of a back-up generator for auxiliary power so as
to avoid significant noise impacts; and limiting construction hours
the City's standard days and hours (i.e., 7:00 AM to 7:00 PM,
Monday through Saturday only).
G. The required findings that no existing or planned tower can
accommodate the applicant's proposed antenna or proposed
service area, or that the proposed tower cannot be located on the
site of an existing or planned tower is not applicable because the
proposed project does not involve the construction or placement of
a new antenna tower.
Section 2: The approval of Conditional Use Permit Case No. ZON2006-00159
is consistent with the City's Wireless Communications Antenna Development
Guidelines.
Section 3: The approval of Conditional Use Permit Case No. ZON2006-00159
is consistent with the zoning and land use authority reserved to the City pursuant to the
Telecommunications Act of 1996.
Section 4: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Sections 17.60.060 and
17.76.040(1-1) of the Rancho Palos Verdes Municipal Code, any such appeal must be
filed with the City, in writing stating the grounds of the appeal and with the appropriate
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appeal fee, no later than fifteen (15) days following March 27, 2007, the date of the
Planning Commission's final action.
Section 5. 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 approves Conditional
Use Permit Case No. ZON2006-00159 thereby approving the installation of six (6) 5-
high telecommunication antennae atop the existing 32'-high roof, inside of a chimney-
like structure measuring 5'x8'x5' (length, width, height) and expanding the existing 46
square foot equipment room by 44 square feet to accommodate the placement of two
(2) equipment cabinets, on property located at 28041 Hawthorne Boulevard, subject to
the conditions contained in Exhibit W, attached hereto and made a part hereof, which
are necessary to protect the public health, safety and welfare in the area.
PASSED, APPROVED, AND ADOPTED this 27th day of March, 2007, by the following
vote:
AYES: ietreault, Perestam, Karp, Knight, Ruttenberg
NOES: Gerstner
ABSTENTIONS: kone
ABSENT: Lewis
-Ael=
Bill Gerstner
Chairman
Joel as, AICP
Dire of Planni4LIding and
Cod9nforcement; and, Secretary
to the Planning Commission
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