PC RES 2007-053 PACs RESOLUTION NO. 2007-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VE DES APPROVING
CONDITIONAL USE PERMIT CASE NO, ZON2006-00533 TO
ALLOW THE INSTALLATION OF SIX 2'-HIGH
TELECOMMUNICATION ANTENNAE AND FOUR 4'-HIGH
TELECOMMUNICATION ANTENNAE INSIDE OF AN EXISTING
PARAPET WALL ON TOP OF A BUILDING AT THE SUBJECT
SITE, AS WELL AS TO CREATE A PAD ON AN EXISTING
SLOPE ON-SITE BY PERFORMING 28 CUBIC YARDS OF
EXCAVATION TO ACCOMMODATE A 20OFT2 ENCLOSURE
FOR THE PLACEMENT OF FOUR EQUIPMENT CABINETS,
LOCATED AT 28041 HA T ORNE BOULEVARD.
WHEREAS, on October 9, 2006, ILMI Titan (the Applicant) for Verizon Wireless,
submitted a Conditional Use Permit, Major Grading Permit, and associated Environmental
Assessment (Case No. ZON2006-00533) to install 10 antennae (6 proposed at 2' high and 4
proposed at 4' high) and 28 cubic yards of grading to accommodate a 200ft2 area in an extreme
upslope to be enclosed by 8' tall walls for the placement of 4 equipment cabinets; and,
WHEREAS, on July 13, 2007, the application was deemed complete; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Cade 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, Major Grading 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,
WHEREAS, on July 26, 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 July
28, 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
August 14, 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: That the approved project includes the installation of six (6) 2'-high
telecommunication antennae and four (4) 4'-high telecommunication antennae inside of a
parapet wall on top of the roof of the existing building at the subject site (7-Eleven building) and
the excavation of 28 cubic yards to accommodate a 200ft2 area enclosed by 8' tall walls for the
placement of 4 equipment cabinets. One of the parapet walls facing Hawthorne Boulevard will
P.C. Resolution No. 2007-53
Page 1 of 6
be extended towards the street by 3' to allow for the encasement of the aforementioned ten
antennae inside of the parapet wall.
A. 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 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 Verizon Wireless
during permitted hours of construction hours 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. 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 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."
P.C. Resolution No. 2007-53
Page 2 of 6
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 placing the proposed antennae within an extended
existing parapet 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 to 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: That the Conditional Use Permit is consistent with the City's Wireless
Communications Antenna Development Guidelines.
Section 3; That the Conditional Use Permit is consistent with the zoning and land
use authority reserved to the City pursuant to the Telecommunications Act of 1996.
Section 4: That the Grading Permit is warranted because the amount of grading
resulting from cutting into the slope is not excessive; the grading and related retaining wall do
not impair any views; and the excavation does not affect the current appearance of the slope
from the public right-of-way or from other residences. Additionally, the subject property was a
lot of record legally existing as of November 25, 1975, no finish slopes greater than 35% will be
created, the depth of cut will not exceed 7'-4", and the proposed overall 8' height of the upslope
retaining wall complies with the City's 8'-0" height restriction for upslope retaining walls. Lastly,
although the proposed depth of cut exceeds 5', the proposed 7'-4" high cut is reasonable and
necessary because the resulting 8' tall retaining wall will not be visible since it will be tucked into
an existing slope, and is necessary to screen the proposed four equipment cabinets.
Section 5: 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(H) 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 appeal fee, no later than fifteen (15)
days following August 14, 2007, the date of the Planning Commission's final action.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
P.C. Resolution No. 2007-53
Page 3 of 6
Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit Case
No. ZON2006-00533 thereby approving the 3' extension of the existing parapet to screen the
installation of six 2'-high and four 4'-high telecommunication antennae. Additionally, an
excavation of 28 cubic yards is allowed to accommodate a 200ft2 area into an existing extreme
upslope, enclosed by 8' tall walls for the placement of 4 equipment cabinets on property located
at 28041 Hawthorne Boulevard, subject to the conditions contained in Exhibit 'A', 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 28th day of August, 2007, by the following vote:
AYES: Cis "soar Karp-,, ` .3Lghts. Liv sl--.Ruttenberg's': Teticeaul j Vicei.Chalrman
Perestam
NOES: None
ABSTENTIONS: Nome
RECUSALS: None
ABSENT: Chairman Gerstner
Bill Gerstner
Chairman
0 A P
Directo ing, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2007-5-
Mage 4 of 6
Exhibit "A"
Conditions of Approval
Case No. ZON2006-00533 (CUP & GR)
28041 Hawthorne Blvd.
General
1. Approval of this Conditional Use Permit and Grading 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.
2. The approval shall become null and void after 1 year from the date of 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.
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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. 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. 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.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. 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.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
P.C. Resolution No. 200753
Page 5 of 6
9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Conditional Use Permit &Grading
10. This approval is for Verizon's installation of six 2' high and four 4' high
telecommunication antennae inside of an existing parapet wall located on top of the
existing 7-11 building. The south wall of the parapet shall be extended 3' towards the
street to accommodate screening of the antennae. The height of the parapet extension
shall be no higher than the existing parapet (5). The parapet extension shall be of radio
frequency transparent material and shall match the white stucco surface of the existing
parapet and exterior of the building.
11. A total of 28 cubic yards of cut is allowed to grade 200ft2 of area in the slope located in
the rear parking area. The 200ft2 (8' x 25') area is to be enclosed by a retaining wall at a
maximum height of 8'. In no case shall the height of the retaining wall exceed 8', as
measured from the point where the lowest foundation/slab meets finished grade to the
top of the wall
12. The four equipment cabinets shall only be located within the approved 200ft2 enclosure
and be properly screened.
13. The Conditional Use Permit shall expire 10 years after its approval date; at such time,
the wireless antennae and all related equipment shall be removed from the site.
However, the Planning Commission shall grant an extension to the Conditional Use
Permit provided that the service provider demonstrates that the antennae and related
equipment are not using obsolete technology and are still in use.
P.C. Resolution No. 2007-53
Page 6 of 6