PC RES 2008-036 P.C. RESOLUTION NO. 2008-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING
REVISION TO A CONDITIONAL USE PERMIT (ZON2008®00374) TO
INSTALL ONE ANTENNA PANEL TO THE NORTH CORNER OF A
EXISTING ELEVATOR PENTHOUSE ON THE ROOFTOP OF 6507
OCEAN CREST DRIVE.
WHEREAS, on July 16, 2008, the applicant, AT&T Mobility submitted an application for
a revision to an existing Conditional Use Permit to allow the installation of one additional
antenna panel to the north corner of an existing elevator penthouse, located on the rooftop of an
existing apartment building (PPC Palos Verdes Apt.). This request also includes the installation
of one additional equipment cabinet and the replacement of an outdated equipment cabinet;
and,
WHEREAS, on August 18, 2008, the application for a revision to a Conditional Use
Permit was deemed complete by staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQN), 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), the Planning Commission found no evidence that the revision to a Conditional Use
Permit will have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt under Class 3 (Section 15301); and,
WHEREAS, after noticed issued on August 18, 2008, pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on October 14, 2008, 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 proposed project includes the installation of one additional
antenna panel to the north corner of an existing elevator penthouse, located on the rooftop of an
existing apartment building (PPC Palos Verdes Apt.). This proposal also includes the
installation of one additional equipment cabinet and the replacement of an outdated equipment
cabinet.
Section 2: That 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 this title (Title 17 — Zoning) or by conditions imposed under this section (RPVMC
17.60.050) to integrate said use with those on adjacent land and within the neighborhood. The
location of the proposed antenna panel and related equipments complies with the development
standards of the RM-12 district and adequate screening methods are used to be compatible
with the surrounding neighborhood and their uses.
P.C. Resolution No. 2008-36
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Section 3: That 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 there will
be no additional traffic generated by the proposed project since any required service will be part
of the current routine maintenance schedule for the existing AT&T antennae panels and related
equipment on the subject property.
Section 4: That 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 will not be readily visible or be near to any public right-of-ways and
neighboring properties due to the proposed location and screening methods.
Section 5: That the proposed 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 underlying land use designation
of Residential, and the surrounding single-family and multiple-family residential neighborhoods.
Section 6: That the site of the proposed use is within any of the overlay control
districts established by Chapter 17.40 (Overlay Control Districts) of this title, the proposed use
complies with all applicable requirements of that chapter because the subject property is not
located within an overlay control district.
Section 7: That 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 or 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.' The proposed antennae panels will be
flush-mounted and painted to match the exterior facade color of the elevator penthouse.
Additionally, the existing foliage screening the equipment area will be maintained.
Section 8: That either no existing or planned tower approved after the effective date
for the ordinance 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 no new tower is proposed. However, the existing elevator penthouse
serves as a cell tower that accommodates multiple antennae panels on the facade. Given that
there are two existing T-Mobile antennae panels and AT&T Mobility is requesting an additional
antenna panel on the same elevator penthouse, this can be perceived as co-location.
Section 9: That the approval of this Conditional Use Permit is consistent with the
City's Wireless Communications Antenna Development Guidelines because the proposed
antennae panel and related equipment enclosure is associated and compatible with the
residential uses of the subject property; it will have no impact upon view corridors due to its
location and its screening methods, including flush-mounting and screening with existing foliage;
and the issuance of the permit is being granted for a 10-year period.
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Section 10. That 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 11: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, October
24, 2008. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Planning Commission's decision will be final at 5:30 PM on October 24, 2008.
Section 12: 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 revision to a
Conditional Use Permit for the installation of one antennae panel to existing elevator penthouse
located on the rooftop and upgrading the equipment cabinets at 6507 Ocean Crest Drive (Case
No. ZON2008-00374).
PASSED, APPROVED AND ADOPTED this 14th day of October 2008, by the following vote:
AYES: Commissioner Gerstner, Knight, Ruttenberg, Tetreault, Tomblin,
Vice Chairman Lewis, Chairman Perestam
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Done
StSt p en Perestam,
Chairman
JoelR a , AICP
Directo o Planning,W
Iding
and Co e nforcement; and,
Secreta of the Planning Commission
P.C. Resolution No. 2008-36
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EXHIBIT®A°
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2008-00374
(AT&T Mobility— 6507 Ocean Crest rive)
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 the date of this
approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within the
public rights-of-way.
3. 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.
4. 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 by the final body that approved the original project,
which may require new and separate environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the multiple-
family residential development standards of the City's Municipal Code, including but not
limited to height, setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval is cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
7. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution,
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.
8. 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.
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9. 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.
10. 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.
11. 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 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 in this condition.
12. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by the
City's Building Official. Said portable bathrooms shall be subject to the approval of the
City's Building Official and shall be placed in a location that will minimize disturbance to
the surrounding property owners.
Proiect Specific Conditions:
14. This approval allows:
i. One antenna panel to the north corner of an existing elevator penthouse,
located on the rooftop;
ii. Removal of an existing TDMA equipment cabinet and installation of a GSM
equipment cabinet in its place;
iii. And the installation of a RxAIT unit.
15. The antenna panel shall be flush-mounted and painted to match the exterior color of the
elevator penthouse.
16. The related equipments shall be installed only within the leased area and remain
screened by the existing foliage.
17.AT&T Mobility shall submit periodic updates on Wireless Communications Technology
every five years, from the date of this approval, to be reviewed by the Director of
Planning, Building and Code Enforcement.
18. This approval shall be valid for a period of 10 years from the date of the City's final
action, or until October 14, 2018. 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.
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