PC RES 2009-033 P.C. RESOLUTION NO. 2009-33
A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PLOS VE DES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT, MINOR EXCEPTION PERMIT AND
MINOR GRADING PERMIT, ALLOWING T-MOBILE TO MOUNT 12
PANEL ANTENNAS, 6 AMPLIFIERS AND 1 GPS ANTENNA ON A
NEW 4 ' T LL ANTENNA TOWER ITH A SIDE YARD SETBACK OF
0'®7" OF THE "HILLTOP AUTOMOTIVE" PROPERTY AT 28732
HIGHRI GE ROAD. THE REQUEST ALSO INCLUDES 45YD 3 OF
EXCAVATION TO THE BOTTOM OF AN EXISTING SLOPE TO
ACCOMMODATE SUPPORT EUIP ENT.
WHEREAS, on May 8, 2009, the applicant (Trillium Consulting) submitted a Conditional
Use Permit, Minor Exception Permit and Minor Grading Permit, requesting approval to allow T-
Mobile to mount 12 panel antennas, 6 amplifiers and 1 GPS antenna on a new 45' tall antenna
tower with a side yard (north) setback of 20"-7" at the "Hilltop Automotive" property. The
request also includes 45yd3 of excavation at the bottom of an existing slope to accommodate
support equipment; and
WHEREAS, on May 29, 2009, staff deemed the proposed project incomplete on May 29,
2009 based on missing information; and,
WHEREAS, on July 6, 2009, staff deemed the project complete; and,
WHEREAS, a notice was issued on July 14, 2009, pursuant to the requirements of the
Rancho Palos Verdes Development Code; 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, Minor
Exception Permit and Minor Grading 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 August 11,
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 a request to allow T-Mobile to mount
12 panel antennas, 6 amplifiers, 1 GPS antenna on a new 45' tall antenna tower in the side yard
of the "Hilltop Automotive" property. The request also includes 45yd3 of excavation at the
bottom of an existing slope (north)to accommodate support equipment.
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
P.C. Resolution No. 2009-33
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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
proposed antenna tower will be located to the rear of Hilltop Automotive, integrated with other
existing trees that are similar in height or taller by an additional 15-20'. The amount of area that
will be needed for the proposed antenna tower is no different than planting a new tree. In
addition to the antenna tower, the applicant is proposing to excavate 45yd3 at the bottom of an
existing 33% slope to accommodate the proposed support equipment within a new leasing area,
located at the side (north) of Hilltop Automotive. The proposed support equipment will be fully
screened by a 7' tall combination wall (3'-5" retaining & 3'-5" freestanding) and will not be visible
from any public or private viewing areas.
Section 33: 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 Hilltop Automotive
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 couple hours.
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 antennas will be integrated as part of an artificial pine tree and the support
equipment will be fully enclosed by a wall, tucked into an existing slope to the side of "Hilltop
Automotive" property.
Section : The subject property is located within an automotive service station
overlay control district (OC-4) and the proposed use complies with all applicable requirements.
While the proposed project is not an automotive use, the base zoning district (Institutional)
allows commercial antennas with an approval of a CUP. Additionally, the proposed project will
not adversely impact the use allowed within the OC-4 district as it will be located in an area that
is not currently used by the existing automotive repair business. It should also be noted that
there are no additional conditions or requirements of the OC-4 district that would apply to the
proposed project.
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
P.C. Resolution No. 2009-33
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the conditions of approval of the attached Exhibit 'A.' The proposed antennae will be integrated
as part of an artificial pine tree and the support equipment will be fully enclosed by a wall,
tucked into an existing slope to the side of"Hilltop Automotive" property.
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.
Specifically, 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 9; That the approval of this Conditional Use Permit is not consistent with the
City's Wireless Communications Antenna Development Guideline No. 8 because the applicant
did not erect a full-scale mock-up for at least 15-days prior to the public hearing and at least 1
continuous week prior to the public hearing. It should be noted that antenna guidelines were
originally intended to assist in the review of applications for wireless communications facilities
and are not findings required to be met in order to approve an antenna project. Although T-
Mobile did not meet antenna guideline no. 8, they erected a full-scale mock-up 6-days prior to
the public hearing. Based on an analysis subsequent to the mock-up installation, the proposed
antenna and related support equipment enclosure is compatible with the institutional uses of
the subject property and will have no significant impact upon view corridors due to its location
and its screening methods.
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: That the requested minor exception to reduce the unguyed tower setback
from 25' to 20'-7" is warranted by practical difficulties. The antenna tower cannot be placed
within the front or street side setback since this area is dedicated and used mainly for vehicle
access and parking. Placing the antenna tower within the front or street side setback may
require the removal of an existing parking space and it would be more visibly apparent from the
public right-of-ways. Additionally, the proposed antenna tower cannot be located within the rear
setback since a portion of the antenna tower would encroach over into the abutting property.
Furthermore, the antenna tower cannot be placed any closer to the existing structure without re-
locating the proposed support equipment to a different location. The relocation of the related
equipment would require additional grading since there are no other flat areas on the property
that can accommodate the support equipment except on existing slopes. Placing the new
antenna tower and support equipment in its proposed location would require the least amount of
grading and would be least visible compared to any other location on the subject property.
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Section 12: That the requested Minor Grading Permit is warranted for excavating
45yd3 at a maximum depth of 3'-6" at the bottom of an existing side slope. The proposed
grading complies with the required criteria for evaluating Grading applications (RPVMC
§17.76.040E) in that 1) the grading does not exceed that which is necessary for the permitted
primary use of the lot since the proposed grading is necessary to accommodate commercial
antennas and related structures, which are uses allowed in an Institutional zoning district with
an approved Conditional Use Permit; 2) the proposed grading and related construction does not
significantly adversely affect the visual relationships with neighboring properties since the
proposed grading cannot be seen from any public or private properties; 3) the quantity and
depth of the proposed grading is minimal and does not significantly disturb the natural contours
of the site; 4) the proposed grading is not on an extreme slope, the depth of cut does not
exceed 5' in height and the upslope retaining wall does not exceed 8' in height.
Section 13: 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 Tuesday, August 25,
2009. A $2,255.00 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 August 25, 2009.
Section 14: 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, Minor Exception Permit and Minor Grading Permit for the installation 12 panel
antennas, 6 amplifiers and 1 GPS antenna on a 45' tall antenna tower, and to conduct 45yd3 of
grading to accommodate support equipment within a new leasing area to the side of "Hilltop
Automotive" property, located at 28732 Highridge Road (Case No. ZON2009-00182).
PASSED, APPROVED AND ADOPTED this 11th day of August 2009, by the following vote:
AYES: Commissioners Perestam, Ruttenherg, Vice Chairman Gerstner, Chairman Lewis
NOES: Commissioner Tomblin
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Knight, Tetreanit
air
Joel R a , AICP
Direct r of Planning, u'ding
and C de nforceme ; and,
Secretary of the Planning Commission
P.C. Resolution No. 2009-33
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EXH I IT 8A@
CONDITIONS OF APPROVAL FOR
CASE NO.Z 2009-00'182 (T-Mobile—28732 IHighridgeRoad)
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.
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
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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 T-Mobile to:
i. Construct a 45' tall antenna tower in the side yard (north)of Hilltop Automotive;
ii. Mount a total of 12 panel antennas on three separate sectors on the antenna
tower;
iii. Mount 6 amplifiers on three separate sectors;
iv. Mount 1 GPS antenna on one sector; and
V. Excavate 45yd3 to locate support equipment within a new leasing area at the
bottom of an existing slope at the side (north)of Hilltop Automotive.
15. The new antenna tower shall be installed and maintained to resemble an artificial pine tree
as shown on the photo simulations submitted to the City.
16. The related equipment shall be installed only within the leased area and remain screened by
the existing wall.
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. 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 August 11, 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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