PC RES 2009-002 P.C. RESOLUTION NO. 2009-02
RESOLUTION OF THE PLANNING COMMISSION OFT E CITY OF
RANCHO P LOS VER ES APPROVING A CONDITIONAL USE
PERMIT (Z 2007®00243) TO INSTALL PANEL ANTENAS ON AN
EXISTING LIGHT STANDARD NEAR THE CENTER F THE PARKING
LOT AT ROBERT E. RYAN COMMUNITY PARK (30359 HAWTHORNE
BLVD.).
WHEREAS, on May 30, 2007, the applicant, Cindy Leinart for Verizon Wireless
submitted a Conditional Use Permit application, requesting an installation of a neve 27' tall
monopole to accommodate three panel antennae at Ryan Park. The neve pole is proposed to
be located between two existing light standards. The proposed request also included grading to
accommodate a neve lease area for equipment cabinets; and,
WHEREAS, on January 27, 2008, the applicant submitted revised plans, proposing to
co-locate three panel antennae below existing Cingular Wireless antennae panels on an
existing light standard at Ryan Park; and
WHEREAS, on August 12, 2008, the applicant submitted revised plans, requesting to
install a new 29' tall monopole in Ryan Park instead of co-locating on an existing light standard;
and,
WHEREAS, on October 8, 2008, the application for 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. ("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, after notice issued on October 9, 2008, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on November 11, 2008, at which time all interested parties were given an opportunity to
be heard and present evidence; and,
WHEREAS, on November 11, 2008, the Planning Commission continued the public
hearing to December 11th to allow the applicant additional time to complete the Indemnity
Agreement with the City to construct the temporary mock-up; and,
WHEREAS, on December 11, 2008, the Planning Commission continued the public
hearing to January 13th, directing the applicant to further analyze the feasibility of co-locating the
proposed antennas on existing structures and report the results at the next meeting by means of
a photo simulation; and,
WHEREAS, on January 13, 2009, the Planning Commission conceptually approved the
applicant's revised plans to co-locate the proposed antennas on an existing light standard
P.C. Resolution No. 2009-02
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located near the center of the parking area at Ryan Park and directed staff to prepare a
resolution of approval for adoption at the following meeting on January 27, 2009; and,
WHEREAS, on January 27, 2009, the Planning Commission held a duly noticed public
hearing, 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 HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed project includes a request to install antenna panels to
the top of an existing light standard, located near the center of the parking area at Ryan Park.
The overall height will increase from 26' to 30' as a result of this proposal. The request also
includes 67yd3 of grading to accommodate a 250ft2 lease area near the bottom of a slope,
behind the lawn area for equipment cabinets.
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.
Specifically, the proposed installation of antenna panels on top of an existing light standard
does not require additional area nor significantly alter any existing features on the subject site.
Additionally, color matching the proposed antennas with the existing light standard integrates
said use with the subject site and is aesthetically consistent with the design and height of other
antennas co-located on site.
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 the
proposed antennae and equipment are unmanned and do not require additional parking at Ryan
Park.
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 noticeable to neighboring properties due to the proposed
color matching and minimal increase in overall height.
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 not within the overlay control districts
established by Chapter 17.40 (Overlay Control Districts) of this title.
Section 7:7: 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;
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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
painted to match the color of the existing light standard. Additionally, the minimal increase to
the overall height is consistent with other light standards on site.
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. Specifically, the proposed project involves
the installation of antennas on an existing light standard with a height that is consistent with
other structures on site.
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 uses of
the subject property; it will have no impact upon view corridors due to the minimal height
increase and integrative design, and the issuance of the permit is being granted for a 10-year
period.
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, February
11, 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 February 11, 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 proposed installation of antenna panels on an existing light standard and
67yd3 of grading to accommodate equipment cabinets at Robert E. Ryan Community Park
(Case No. ZON2007-00243).
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PASSED, APPROVED AND ADOPTED this 27'" day of January 2009, by the following vote:
AYES: Commissioner Gerstner, Knight, Ruttenberg, Tetreault, Chairman Perestam
NOES: None
ABSTENTIONS: Vice Chairman Lewis
RECUSALS: None
ABSENT: Commissioner Tomb]-in
Stephen Perestam,
Chairman
Joel P,6ias1AICP
Directrof lannin vuilding
and Cv.� � nforceme�nt; and,
Secretary of the Planning Commission
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EXHI IT
CONDITIONS OF APPROVAL FO
CASE NO. 20 7-00243 (Verizon Wireless—30359 Hawthorne Blvd.)
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 Open
Space Recreation 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.
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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 Ali, 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. Prior to the submittal of plans into Building and Safety Department, the applicant shall
submit plans to the Director of Planning, Building and Code Enforcement that are
consistent with the photo simulations submitted to the Planning Commission on January
13, 2009. The maximum height of the co-located antenna shall not exceed 30' in height.
15. This approval allows:
L The installation of panel antennas on an existing light standard (located near
center of the parking area) at Ryan Park;
ii. 67yd3 of grading to provide for a 250ft2 area to accommodate equipment
cabinets.
16. The panel antennas shall be painted to match the exterior color of the existing light
standard. The overall height of the light standard (including the antenna panels) shall
not exceed 30', as measured from the lowest point of grade adjacent to the light
standard to the top of the antenna panels.
17. The equipment area shall be screened from view from adjacent properties with foliage or
other appropriate screening, subject to review of the Director of Planning, Building and
Code Enforcement. The approved screening method shall be maintained.
18. 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.
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19. This approval shall be valid for a period of 10 years from the date of the City's final
action, or until January 27, 2019. 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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