PC RES 2008-039 P.C. RESOLUTION NO. 200 -3
RESOLUTION F THE PLANNINGCOMMISSION THE
CITY OF RANCHO PALPALOS VERDES DITI LL
APPROVING VISIO 'C'T N ITIONAL USE PERMIT
192 (PLANNING . Z 08-00211) FOR AN
ABOVEGROUNDEMERGENCY IE EL GENERATOR
VERIZON WIRELESSANTENNAE ON THE EXISTING
MONOPOLEAT THE CALIFORNIA T SERVICE
COMPANY I T CE FACILITY, LOCATED AT 5837
CREST ROAD
WHEREAS, on January 14, 1997, the Planning Commission approved Conditional
Use Permit No. 192 (CUP 192) for the installation of a monopole for Pacific Bell Mobile
Services (PBMS) and California Water Service Company (CalWater) antennae on the
subject property; and,
WHEREAS, on December 9, 1997, Revision `A' to CUP 192 was approved by the
Planning Commission for the co-location of Sprint PCS antennae on the monopole; and,
WHEREAS, on February 22, 2000, Revision 'B' to CUP 192 was approved by the
Planning Commission to relocate the monopole on the site and to add more antennae for
Airtouch Cellular(formerly PBMS),which was subsequently acquired by Verizon Wireless;
and,
WHEREAS, on April 18, 2008, the applicant, Milestone Wireless (representing
Verizon Wireless), submitted an application for Planning Case No. ZON2008-00211 for
Revision 'C' to CUP 192 to allow the installation of an aboveground emergency diesel
generator for the Verizon Wireless antennae on the existing monopole; and,
WHEREAS, on September 2, 2008, the application for Planning Case
No. ZON2008-00211 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 revision would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt (Class 1, Section 15301(b));
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 October 30, 2008, 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 revision to allow the installation of an
aboveground emergency diesel generator for the Verizon Wireless antennae on the
existing monopole at California Water Service Company's maintenance facility:
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 otherfeatures required by Title 17
"Zoning" or by conditions imposed under Section 17.60.050 to adjust said use to
those on abutting land and within the neighborhood. The proposed generator and
enclosure will occupy approximately ninety-six square feet (96 SF) of the 39,200-
square-foot lot. The generator enclosure will not exceed the 12-foot height limit for
accessory structures in the RS-4 zoning district, nor will it encroach upon any of the
required setback areas. It will be located seventy feet (70'-0") from the nearest
property line of any abutting residential property, and two hundred sixty-six feet
(266'-0") from the public right-of-way of Scotwood Drive.
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. Access to the project site
is provided from Scotwood Drive and from Crest Road. Scotwood Drive is identified
in the Rancho Palos Verdes General Plan as a local roadway and Crest Road is an
arterial highway, both of which are capable of accommodating the types of Verizon
service vehicles likely to visit the site (i.e., vans, trucks, etc.). Although Verizon
personnel will periodically visit the site to service and fuel the generator and existing
antennae, there is no evidence that this would constitute a significant increase in
vehicular trips to and from the site. As such, the project will not result in any
significant change to the existing traffic in the immediate neighborhood or along
Crest Road.
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. The proposed
project only involves the placement of an emergency generator on the site of an
existing commercial antenna monopole. Aside from necessary operation during
power outages, the generator will only be tested once a month for one (1) hour
during daylight hours. The generator includes a soundproof enclosure and will be
screened from view from surrounding properties by existing fencing and foliage.
The applicant has already obtained Fire Department approval for the installation of
the proposed generator.
D. The proposed use is not contrary to the General Plan. The project site is
designated Infrastructure Facility in the General Plan. This land use designation is
primarily intended to accommodate the development of public utility infrastructure.
The existing CalWater facility and commercial antenna monopole are consistent
with this land use designation. The addition of the proposed emergency generator
P.C. Resolution No. 2008-39
Page 2 of 7
does not change the overall land use for the site, and is clearly subordinate to the
primary use of the property as a CalWater maintenance facility. Infrastructure
Policy No. 8 of the General Plan "[requires] 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"(p. 138). The generator
will be installed and operated in a manner that ensures that it blends harmoniously
with land uses on the subject property and adjacent properties.
E. The required finding that, if the site of the proposed use is within any of the overlay
control districts established by Chapter 17.40 (Overlay Control Districts)of Title 17
"Zoning", 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 Chapter 17.40 of the Development Code.
F. Conditions regarding any of the requirements listed in this paragraph, 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 Title 17 "Zoning". Existing fencing and foliage
will visually screen the proposed emergency generator. Conditions of approval will
specify that testing of the generator may occur for only one (1) daylight hour per
month so as to minimize noise and air quality impacts upon surrounding properties.
The generator also incorporates a double-walled fuel tank and has been reviewed
by the City's drainage consultant since it involves the outdoor storage of diesel fuel.
The installation of the generator has already received final approval by the Fire
Department.
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 17.60.060 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 fee, no later than fifteen (15)days following October
30, 2008, the date of the Planning Commission's final action.
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 Revision 'C'
to Conditional Use Permit No. 192 (Planning Case No. ZON2008-0021 1) for an
aboveground emergency diesel generator for Verizon wireless antennae on the existing
monopole at the California Water Service Company maintenance facility, located at 5837
Crest Road, subject to the conditions of approval in the attached Exhibit 'A'.
P.C. Resolution No. 2008-39
Page 3 of 7
PASSED, APPROVED, AND ADOPTED this 30 th day of October 2008, by the
following vote:
AYES: Commissioners Gerstner, Knight, Ruttenberg, Tetreault and Tomblin,
Vice Chairman Lewis and Chairman Perestam
NOES: none
ABSTENTIONS: none
ABSENT: none
RECUSALS: none
Step en Perestam
Chairman
Joel ja , AICP
Direct Of Planninguuilding
and Co W Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2008-_U
Page 4 of 7
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2008-00211
(CalWater-Verizon, 5837 Crest Road)
General Conditions:
I Prior to the installation, connection and/or construction of the approved equipment
and structures,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
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 an aboveground emergency diesel generator with a 132-gallon
fuel capacity for existing Verizon Wireless antennae on an existing monopole on the
site of the existing California Water Service Company maintenance facility. 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 RS-4 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 issued by the
appropriate permitting agency) 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 priorto
further development.
P.C. Resolution No. 2008-39
Page 5 of 7
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 conceptual 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. The applicant shall be responsible for implementation of all spill containment
recommendations and best management practices (BMPs) established by the
Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the City's
NPDES consultant. The BMPs shall be included on the final plans approved by the
Director of Planning, Building and Code Enforcement.
12. The generator shall incorporate a built-in soundproof enclosure. The enclosure
shall provide sound attenuation to reduce noise levels from the generatorto 65 dBA
at the nearest residential property line, subject to the review and approval of the
Director of Planning, Building and Code Enforcement. Within ninety (90) days of
the installation of the generator,the applicant shall providethe Directorwith a report
prepared by an acoustic engineer demonstrating that the noise level of the
generator does not exceed 65 dBA.
13. The generator may only be tested once per month for a maximum of one (1) hour
during daylight hours.
14. The generator shall be equipment with a lockable valve or lock-box for the fuel tank
drain pipe.
P.C. Resolution No. 2008-39
Page 6 of 7
15. Unless otherwise modified by these conditions, all conditions of approval for
Conditional Use Permit No. 192 and its Revisions`A' and 'B' remain in full force and
effect.
M:\Projects\ZON2008-00211 (CalWater-Verizon,5837 Crest Rd)\PC Resolution 2008-39.doc
P.C. Resolution No. 2008-39
Page 7of7