PC RES 2008-052 P.C. RESOLUTION NO. 2008«52
A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL, SE PERMIT (Z N2008®00477) TO INSTALL 13
ANTENNAE ITHI ONE 59 TALL PARAPET STRUCTURE ON THE
ROOFTOP OF BUILDING A, LOCATED AT THE CANTERBURY (5801
C E TRI GE ROAD).
WHEREAS, on February 06, 1979, the City Council approved Conditional Use Permit
No. 41 and Variance No. 34, allowing the construction of a new retirement care facility
('Canterbury Gardens') to be constructed on a vacant lot. The Variance No. 34 allowed for a
reduced number of parking.spaces. Since this approval, numerous amendments to the original
CUP were approved by the Planning Commission. These amendments allowed additional uses,
a change in use for specific buildings, reduction in number of units, construction of new
accessory structures, building additions, parking space additions, replacing signs and the
conversion of existing units to larger or smaller units; and,
WHEREAS, on November 11, 2008, the Planning Commission adopted Resolution No.
2008-44, approving a Conditional Use Permit amendment and a Variance to allow an overall
reduction in the parking spaces from 146 to 130, of which 10 are enclosed garage spaces and
120 are surface parking spaces. The approval also allowed minor physical upgrades to the
facility; and,
WHEREAS, on September 11, 2008, the applicant submitted an application for an
existing Conditional Use Permit, requesting approval to install 13 antennae to the rooftop of the
Canterbury facility, screened by two 7' tall parapets; and
WHEREAS, on October 15, 2008, the application for a Conditional Use Permit was
deemed complete by staff; and,
WHEREAS, a notice was issued on October 15, 2008, pursuant to the requirements of
the Rancho Palos Verdes Development Code; and,
WHEREAS, on November 25, 2008, the Planning Commission held a duly notice public
hearing and directed Verizon Wireless (applicant) to seek alternative locations for the proposed
antennae, continuing the public hearing to December 11, 2008; 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), the Planning Commission found no evidence that the 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 15303); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December
11, 2008, at which time all interested parties were given an opportunity to be heard and present
evidence.
P.C. Resolution No. 2008-52
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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 twelve panel
antennae and one GPS antenna to the rooftop of Building A. Building A is located closest to
Crestridge Road. All thirteen antennae are proposed to be located within a 5' tall parapet to the
south fagade (front) of Building A. The applicant is also proposing to install three equipment
cabinets within a new enclosed area behind an existing wall, adjacent to Building B.
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
new parapet structure is proposed on top of an existing building where no additional area, other
than air space above the ridgeline is required to accommodate the parapet structure.
Furthermore, the proposed parapet structure will be painted to match the exterior color and
texture of Building A to appear as an architectural feature. The equipment cabinets on the
ground floor, adjacent to Building B will be located behind an existing wall, in a new enclosed
area which is lower than the existing grade. Locating the proposed project on the rooftop of an
existing building and blending it in with the existing structures through design is evidence that
the site is adequate in size and shape to accommodate the proposed use.
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 the proposed antennae and
equipment are unmanned and do not require additional parking on the Canterbury facility. The
only temporary additional traffic generated by the proposed project would be due to routine
maintenance on a monthly or a bimonthly basis for a period of one hour.
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 causes no
view impact to neighboring properties due to the proposed location and screening methods.
Section 5: That the proposed use is not contrary to the General Plan because it is
consistent with the underlying land use designation of institutional, and the surrounding single-
family and multiple-family residential neighborhoods. Additionally, as proposed and
conditioned, the project implements goals and policies of the General Plan such as, to "ensure
adequate public utilities and communication services to all residents, while maintaining the
quality of the environment". Further, it is consistent with the Infrastructure policy that "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". Specifically,
the proposed antennae will be located within new parapet that will match the color and texture
of the existing building to appear as an architectural extension. Furthermore, the proposed
equipment cabinets will be located behind an existing wall that would not be readily visible to
any pedestrians or motorists using the Canterbury facility.
Section : That the site of the proposed use is not located within any of the overlay
control districts established by Chapter 17.40 (Overlay Control Districts) of this title.
P.C. Resolution No. 2008-52
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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 will be located
within a parapet structures that will be textured and painted to match the exterior fagade of
Building A.
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.
Co-locating on the existing antennae site located behind 5721 Crestridge Road (behind
Congregation Ner Tamid) is not feasible due to the number, type and separation requirements
of the government agencies at this location. Additionally, since there are no other approved
towers in the area that can accommodate the proposal, co-location is not an option.
Section : That the approval of this Conditional Use Permit is consistent with the
City's Wireless Communications Antenna Development Guidelines because the proposed
antennae and related equipment enclosure is compatible with the institutional uses of the
subject property; it will have no significant impact upon view corridors due to its location and its
screening methods; and the issuance of the permit is being granted for a 10-year period.
.Section 1 : 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, January 7,
2009. 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 January 7, 2009.
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 Conditional
Use Permit for the installation of thirteen antennae panel within a parapet structure to the
rooftop of Building A and the installation of related equipment cabinets behind an existing wall of
Building B at 6507 Ocean Crest Drive (Case No. ZON2008-00477).
P.C. Resolution No. 2008-52
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PASSED, APPROVED AND ADOPTED this 11th day of December 2008, by the following vote:
AYES: Commissioner Knight, Ruttenberg, Tomblin, Chairman Perestam
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Gerstner, Tetreault, Vice Chairman Lewis
Stephdon'Perestam,
Chairman
Director of Planning, Building
and Code Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2008-52
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XHI lT v s
CONDITIONS F APPROVAL FOR
CASE NO. ZON2008-00477 (Verizon Wireless—5801 CrestridgeRoad)
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.
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.
P.C. Resolution No. 2008-52
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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.
Project Specific Conditions:
14. This approval allows:
i. The installation of twelve panel antennae and one GPS antenna within a 5'
tall parapet structure to the south fagade (front) of Building A; and
ii. The installation of three equipment cabinets within a new enclosed area
behind an existing wall, adjacent to Building B.
15. The parapet structures shall be textured and painted to match the exterior color of the
elevator penthouse. The height of these parapets shall not exceed 35', as measured
from the lowest point of existing grade covered by Building A.
16. The related equipment shall be installed only within the leased area and remain
screened by the existing wall.
17. Verizon Wireless shall submit periodic updates on Wireless Communications
Technology upon the request of the Director of Planning, Building and Code
Enforcement, from the date of this approval, to be reviewed by the Director of Planning,
Building and Code Enforcement. The purpose of these updates is to identify both new
and emerging technologies, as well as outdated or obsolete technologies whose facilities
and infrastructure (i.e., antennae, parapet, etc.) could be replaced or removed. The
applicant shall inform the City in writing, at least 90-days prior to decommissioning any
antennae or related equipment/structure(s).
18. This approval shall be valid for a period of 10 years from the date of the City's final
action, or until November 25, 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.
P.C. Resolution No. 2008-52
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