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PC RES 2009-015 P.C. RESOLUTION NO. 200915 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO P L S VE DES CONDITIONALLY APPROVIN CONDITIONAL U E PERMIT AND COASTAL PERMIT (ZON2009- 00131), ALLOWING T-MO ILE TO INSTALL SIX ANTENNAS BEHIND FIBERGLASS TILES/SCREENS ON EXISTING STRUCTURES AND INSTALL SUPPORT EQUIPMENT WITHIN AN EQUIPMENT WELL O THE ROOFTOP OF THE MAIN HOTEL BUILDING `A' OF TERRAEA RESORT & SPA, LOCATED AT 6610 PALOS VE ES DRIVESOUTH. WHEREAS, In August 2003, the City Council granted a final approval for Terranea Resort & Spa, consisting of a 400-room resort hotel, golf academy and practice facility, 50 casitas, 32 single keyed villas units, conference center, golf club house, spa, restaurants, other commercial uses, public trails, park areas, coastal access points, 100 public parking spaces, natural open space and habitat areas. Subsequently, minor modifications to the original approval were also granted. Currently, construction of the site is underway with the official opening date set for June 2009; and WHEREAS, on April 8, 2009, the applicant (Capital Tower Group) submitted a Conditional Use Permit and Coastal Permit application, requesting approval to install six antennas and support equipment to the rooftop of the main hotel building 'A' of the Terranea Resort& Spa; and, WHEREAS, on April 13, 2009, the application was deemed incomplete due to missing information; and, WHEREAS, on April 14, 2009, the applicant submitted the remaining information and the project was deemed complete on April 20, 2009; 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 and Coastal 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 April 20, 2009, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 12, 2009, 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 two antennas behind fiberglass tiles on an existing faux decorative chimney; four antennas behind fiberglass screens on an existing elevator equipment room; and support equipment within an existing equipment well, located on the rooftop of main hotel building 'A' at the Terranea Resort & Spa. P.C. Resolution No. 2009-15 Page 1 of 6 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. More specifically, the proposed antennas and related equipment will be located on an existing new hotel structure and therefore will not require additional space for accommodation. Since the proposed antennas will be integrated as part of an existing faux chimney and an existing elevator machine room, no additional screening methods are necessary. Additionally, the proposed equipment cabinets will be located within a leasing area inside an equipment well, which will not be visible from surrounding properties. 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 additional traffic generated by the monthly routine maintenance schedule for the new antennas and related equipment will be negligible. Section 44 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. More specifically, the proposed antennas will be mounted behind fiberglass tiles/screens on an existing faux decorative chimney and elevator equipment room; and the related support equipment will be located within a recessed equipment well on the roof. 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". Additionally, the proposed project is consistent with the underlying land use designation of Commercial Recreational and does not adversely impact any views from public right-of-ways or neighboring properties. Section 6: That the site of the proposed use is within Socio-Cultural and Urban appearance overlay control district, and the proposed use complies with all applicable requirements. More specifically, the proposed project will be located on an existing hotel structure and will not adversely affect land, water, structures and other improvements located on the subject property. Additionally, granting the proposed project will not impede any views from the surrounding properties. 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.' More specifically, the proposed antenna panels and support equipment comply with both the development standards of the Commercial Recreational district and the special standards for commercial antennae from RPVMC Section P.C. Resolution No. 2009-15 Page 2 of 6 17.76.020. Additionally, the size, placement and screening methods for the proposed project are such that additional conditions are not necessary to reduce visual impacts. Section 8: That the proposed development is consistent with the coastal specific plan because one of the structural design guideline indicates, "No external masted antennas of any type should be permitted on any structure" and the proposed antennas would not be considered to be "masted antennas" since it is incorporated into existing faux chimney structures and an existing elevator equipment room. Additionally, the proposed project will not create an aesthetic or visual impact, which is what the Coastal Permit planning and design guidelines are intended to eliminate. Section 9: That the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. Given that the proposed antennas will be located on existing structures and will be fully screened from public right-of-ways and surrounding properties, it will not cause any adverse affects that would be inconsistent with applicable public access and recreation policies of the Coastal Act. Section 10: That the approval of the proposed project is consistent with the City's Wireless Communications Antenna Development Guidelines because this permit request is being heard by the Planning Commission less than sixty (60) days from the date it was deemed complete by the City; the proposed antennas and support equipment will be located on the rooftop of a hotel building; the proposed antennas will be mounted on an existing chimney and an existing elevator equipment room which is consistent with the intent of co-location; the location and design of the antennas and related equipment preserves view corridors; there is a balance of public and private costs and benefits; the applicant has submitted a network master plan; the applicant has submitted photographic simulations; a periodic update on wireless communications technology is being required; the screening of support equipment is adequate; and the issuance of the permit is being granted for a 10-year period. Section 11: That the approval of this proposed project 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 12A 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, May 27, 2009. An 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 May 27, 2009. Section 13: 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. 2009-15 Page 3 of 6 Commission of the City of Rancho Palos Verdes hereby approves a Conditional Use Permit and Coastal Permit for 1) the installation of two antenna panels behind fiberglass tiles on an existing faux chimney; 2) the installation of four antenna panels behind fiberglass screens on an existing elevator machine room; and 3) the installation of support equipment within an equipment well on the rooftop of main hotel building 'A' at 6610 Palos Verdes Drive South (Case No. ZON2009- 00131), as conditioned in Exhibit `A'. PASSED, APPROVED AND ADOPTED this 12th day of May 2008, by the following vote: AYES: Commissioner Knight, Perestam, Ruttenberg, Tetreault, Vice Chairman Gerstner, Chairman Lewis NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Tomblin f Jeffrey Levert", Chairman Joel Roja ICP Director f P annin , uilding and Cod E forcement; and, Secreta o the Planning Commission P.C. Resolution No. 2009- 15 Page 4 of 6 EXHM IT 'N CONDITIONS F APPROVAL FOR CASE NO. Z N2009-00134 (T-MOBILE—6610 Palos Verdes Drive South) 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. P.C. Resolution No. 2009-15 Page 5 of 6 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 the following to the rooftop of main hotel building `A': i. Installation of two antennas behind fiberglass tiles on an existing faux decorative chimney; ii. Installation of four antennas behind fiberglass screens on an existing elevator equipment room; and iii. Installation of support equipment within a rooftop equipment well. 15. The related equipment shall be installed only within the leased area of the equipment well and shall not exceed the parapet height. All mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 65dBA at the project site's property lines. 16. No cable tray or other similar equipment shall be located on a sloped roof area or be visible from the public right-of-way or surrounding properties. 17. T-Mobile 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 May 12, 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. P.C. Resolution No. 2009-15 Page 6 of 6