PC RES 2009-054 P.C. RESOLUTION NO. 2009-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALPALOS VERDES, CONDITIONALLY APPROVING A
CONDITIONAL E PERMIT (PLANNING CASE NO. ZON2009-00107),
IN CONJUNCTION WITHTHE ADOPTION OF A MITIGATEDNEGA-
TIVE DECLARATION, TO ALLOW THE DEVELOPMENT OF A NEW,
62-FOOT-TALL VERIZON WIRELESS MONOPOLE AND ANTENNAE,
RELATED TELECOMMUNICATIONS SUPPORT I T AND
EMERGENCY CDIESEL GENERATOR ON CALIFORNIA
WATER SERVICE COMPANY'S RESERVOIR NO. 20 SITE AT THE
TOP OF SAN PEDRO HILL, LOCATED AT 3960 CREST ROAD
WHEREAS, on March 23, 2009, applications for a Conditional Use Permit and
Environmental Assessment (Planning Case No. ZON2009-00107) were submitted to the
Planning Department by the applicant, Verizon Wireless (Verizon), to allow the
construction of a new antenna monopole on property owned by California Water Service
Company (CalWater) that would support antennae for Verizon, for CalWater's own
internal use and for emergency communications use by the City of Rancho Palos
Verdes (City) on a 6.08-acre site at the top of San Pedro Hill; and,
WHEREAS, on October 16, 2009, the application for Planning Case
No. ZON2009-00107 was deemed complete by Staff; and,
WHEREAS, pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, 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 City of Rancho Palos Verdes prepared an Initial Study and
determined that, by incorporating mitigation measures into the Negative Declaration,
there is no substantial evidence that the approval of Planning Case No. ZON2009-
00107 would result in a significant adverse effect on the environment. Accordingly, a
Draft Mitigated Negative Declaration was prepared and circulated for public review for
twenty (20) days between November 9, 2009, and November 30, 2009, and notice of
that fact was given in the manner required by law; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho
Palos Verdes Development Code and the State CEQA Guidelines, the Planning
Commission held a duly noticed public hearing on December 8, 2009, at which time all
interested parties were given the opportunity to be heard and present evidence; and,
WHEREAS, at its December 8, 2009, meeting, after hearing public testimony, the
Planning Commission adopted P.C. Resolution No. 2009-53 making certain findings
related to the requirements of the California Environmental Quality Act (CEQA) and
recommended that the City Council adopt a Mitigation Monitoring Program and
Mitigated Negative Declaration for the proposed project.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section1l. The Planning Commission makes the following findings of fact with
respect to the application for a Conditional Use Permit to develop a new Verizon
Wireless antenna monopole on the California Water Service Company reservoir site at
3960 Crest Road:
A. 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 Title 17 (Zoning) or by conditions imposed under Section 17.60.050
to integrate said use with those on adjacent land and within the neighborhood.
The existing CalWater reservoirs occupy most of the project site. The proposed
monopole, equipment lease area and generator will occupy approximately eight
hundred fourteen square feet (814 SF) of the 6.08-acre site. The proposed
monopole, equipment and generator all comply with the development standards
of the RS-2 zoning district and the additional standards imposed upon
commercial antennae pursuant to RPVDC Section 17.76.020(A).
B. 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. Access to the
project site is provided from Crest Road East in the City of Rolling Hills. All
streets in the City of Rolling Hills are private and under the control of the Rolling
Hills Community Association. Construction and maintenance vehicles are
expected to access the site via Portuguese Bend Road and/or Eastfield Drive
and Crest Road East, all of which serve as "major" streets through the City of
Rolling Hills and are expected to capable of accommodating the types of Verizon
Wireless service vehicles likely to visit the site (i.e., vans, trucks, etc.) on a
regular basis. Although Verizon Wireless personnel will periodically visit the site
to service the antennae and fuel the generator, there is no evidence that this
would constitute a significant increase in vehicular trips to and from the site. As
such, the project will not result in any significant change to the existing traffic
within the City of Rolling Hills. Furthermore, the City has consulted with the
Rolling Hills Planning Department about the use of Rolling Hills' streets, and a
condition of approval is recommended that requires the approval of the City
and/or Community Association prior to the commencement of construction.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof. The proposed
project involves the installation of a new antenna monopole, antennae and
related equipment, and periodic maintenance of said monopole, antennae and
equipment after their installation. The proposed monopole will have no
P.C. Resolution No. 2009-54
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significant adverse impact upon the protected view from any residence in the City
of Rancho Palos Verdes because there are no residences in the City that
overlook the site. Similarly, it is not expected to adversely affect views from
residences in the City of Rolling Hills because they are also located at lower
elevations. The proposed monopole will primarily been seen from public rights-
of-way within the City that are at lower elevations to the southeast (i.e., Crest
Road, Ganado Drive, etc.) and will be observed as a new, man-made structure
near the top of an otherwise undeveloped slope. In order to address any
potential adverse visual impacts upon these general public views and vistas,
conditions of approval will be imposed to limit the height, color and illumination of
the proposed monopole. The proposed generator includes a built-in diesel fuel
tank. As such, the proposed project has been reviewed and conceptually
approved by the City's NPDES consultant. The proposed generator enclosure
also includes built-in sound-attenuation materials that reduce the average noise
level of the generator to 64.9 dB(A), according to the manufacturer's
specifications. The proposed generator will be located at least ninety-one feet
(91'-0") from the nearest residential property line, so noise levels at the property
line are not expected to exceed the City standard of 65 dB(A). However, a
condition of approval will require the applicant to provide additional sound
attenuation measures in the event that the noise level of the generator does
exceed 65 dB(A) at the property line.
D. The proposed use is not contrary to the General Plan. The project site is
designated Infrastructure Facility in the General Plan. This land use designation
is primarily intended to accommodate the development of public utility
infrastructure. The existing CalWater reservoirs and Sprint-Nextel commercial
antennae are consistent with this land use designation. The addition of the
proposed Verizon Wireless monopole does not change the overall land use for
the site, and is clearly subordinate to the primary use of the property as a
CalWater reservoir site. Infrastructure Policy No. 8 of the General Plan
"[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" (p. 138). Conditions of approval limiting the height, color
and illumination of the proposed monopole will serve to mitigate its visual impacts
by helping to reduce the visual prominence of the monopole and allowing it to
blend into the background sky when viewed from below.
E. The required finding that, if the site of the proposed use is within any of the
overlay control districts established by Chapter 17.40 (Overlay Control Districts)
of Title 17 (Zoning), the proposed use complies with all applicable requirements
of that chapter, is not applicable to this project because the subject property is
not located within an overlay control district.
P.C. Resolution No. 2009-54
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F. Conditions, which the Planning Commission finds to be necessary to protect the
health, safety and general welfare, have been imposed upon this project. These
conditions include the mitigation measures identified in the draft Mitigated
Negative Declaration for the project, which is discussed below. Examples
include (but are not limited to) limitations on the height, color and lighting of the
antenna monopole; requirements to address construction-related air-quality
impacts; requirements for final approvals from the City's Building Official and
geotechnical and NPDES consultants prior to building permit issuance;
limitations on days and hours of construction so as to minimize noise impacts
upon nearby residences; requirements for additional sound attenuation measures
if the generator exceeds the City's 65 dB(A) noise threshold at the nearest
residential property line; and requirements for authorization from the City of
Rolling Hills and/or the Rolling Hills Community Association for the use of their
private rights-of-way for access to the project site.
G. No existing or planned tower approved after the effective date of the ordinance
codified in Chapter 17.76 can accommodate the applicant's proposed antenna or
proposed service area-, or the proposed tower cannot be located on the site of an
existing or planned tower approved after the effective date of the ordinance
codified in Chapter 17.76. There are a large number of commercial antennae on
towers at the abutting FAA/USAF property. It is possible that one of these
existing towers—or a new tower on the FAA/USAF site—might be able to
accommodate the proposed Verizon Wireless antennae. However, the purpose
of the proposed project is not only to accommodate Verizon Wireless' coverage
needs, but also those of CalWater and the City's emergency communications. It
is not clear that any of the existing towers on the FAA/USAF would be capable
(or willing) to accommodate CalWater's or the City's needs, nor is it clear that the
FAA/USAF would permit the erection of another antenna tower on the site. Also,
as Federally-owned property, the City has no permit jurisdiction over the
FAA/USAF site. By contrast, CalWater owns the reservoir site and the City has
permit jurisdiction over it through the provisions of the Development Code.
Therefore, the Planning Commission finds that the proposed tower cannot be
located on the site of an existing or planned tower.
Section 2- The Planning Commission finds that, based on the information and
findings included in the Staff Report, the proposed project is consistent with the City's
Wireless Telecommunications Antenna Development Guidelines.
Section 3- The Planning Commission finds that, based on the information and
findings included in the Staff Report, the approval of the proposed project is consistent
with the local zoning authority reserved to the City under the Telecommunications Act of
1996.
P.C. Resolution No. 2009-54
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Section 4: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Section 17.60.060 and
17.76.020(A)(14) of the Rancho Palos Verdes Municipal Code, any such appeal must
be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen
(15) days following December 8, 2009, the date of the Planning Commission's final
action.
Section 5: 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 (Planning Case No. ZON2009-00107), in
conjunction with the adoption of a Mitigated Negative Declaration, to allow the
development of a new, 62-foot-tall Verizon Wireless monopole and antennae, related
telecommunications support equipment and emergency back-up diesel generator on
California Water Service Company's Reservoir No. 20 site at the top of San Pedro Hill,
located at 3960 Crest Road, subject to the recommended conditions of approval in the
attached Exhibit 'A'.
P.C. Resolution No. 2009-54
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PASSED, APPROVED, AND ADOPTED this 8 th day of December 2009, by the
following vote:
AYES: Commissioners Knight, Perestami Ruttenberg, Tetrea,ult and Tomblin,
Vice Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Chairman Lewis
RECUSALS: none
,-nt,us Chairman
V-17
Joel Roja U,, A CP
Director fP1 nning, BUdingand
f I
Code Enf r meat; and, Secretary
to the Planning Commission
P.C. Resolution No. 2009- 54
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT
(CalWater-Verizon, 3960 Crest Road)
General
I 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 date of this approval shall render this approval null and void.
2. 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.
3. This approval is for a 62-foot-tall monopole for thirteen (13) antenna panels and a
parabolic dish antenna for Verizon Wireless; one (1) antenna for CalWater for its
own use; and one (1) antenna for the City of Rancho Palos Verdes' emergency
communications use. The approval also includes ground-mounted telecom-
munications support equipment for Verizon Wireless, including an emergency
diesel generator with a built-in 198-gallon fuel tank. 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 to the Conditional Use Permit by the
Planning Commission and shall require new and separate environmental review.
4. All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the RS-4
district development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
P.C. Resolution No. 2009-54
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permits, 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.
Otherwise, a Conditional Use Permit revision must be approved prior to further
development.
7. 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.
8. 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.
9. 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.
10. 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. [Mitigation Measure NOI-11] Trucks and other construction
vehicles 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 above. [Mitigation Measure
Al R-2]
Conditional Use Permit Conditions:
11. This approval allows the applicant, Verizon Wireless, to:
a. Construct a 62-foot-tall antenna monopole within a 289-square-foot lease
area on property owned by California Water Service Company at the top
of San Pedro Hill;
b. Install ground-mounted telecommunications support equipment, including
a diesel-powered emergency back-up generator with a built-in 198-gallon
fuel tank, within a 525-square-foot lease area on property owned by
California Water Service Company at the top of San Pedro Hill;
C. Mount twelve (12) Verizon Wireless panel antennae in three (3) separate
sectors on the monopole;
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d. Mount one (1) omnidirectional antenna, one (1) parabolic dish antenna
and one (1) panel antenna for CalWater's use; and one (1) omnidirectional
antenna for the City of Rancho Palos Verdes' emergency communications
use on the monopole; and,
e. Co-locate two (2) existing Sprint-Nextel antennae on the site to the new
monopole in the future.
12. The height of the proposed monopole shall not exceed sixty-two feet (62'), as
depicted on the approved plans. The proposed project shall be installed and
constructed so as to substantially conform to the photographic simulations
prepared by the project applicant, to the satisfaction of the Director of Planning,
Building and Code Enforcement. [Mitigation Measure AES-1]
13. The monopole shall be painted and maintained in a neutral color—such as gray,
gray-green or gray-blue—so as to blend with the background sky, to the
satisfaction of the Director of Planning, Building and Code Enforcement.
[Mitigation Measure AES-2]
14. Unless required for compliance with Federal Aviation Administration (FAA)
regulations for aircraft safety warning lights, no lighting shall be permitted on the
approved monopole. [Mitigation Measure AES-3]
15. Prior to the issuance of a building permit by the City's Building Official, the
applicant shall obtain final approval of the grading and construction plans from
the City's geotechnical consultant. The applicant shall be responsible for the
preparation and submittal of all soil engineering and/or geology reports required
by the City's geotechnical consultant in order to grant such final approval. The
project applicant shall implement all of the recommendations of the project's
approved geotechnical report. [Mitigation Measure GEO-1]
16. All other necessary permits and approvals required pursuant to the Rancho
Palos Verdes Municipal Code or any other applicable statute, law or ordinance
shall be obtained. [Mitigation Measure GEO-2]
17. Prior to building permit issuance, the applicant shall prepare an erosion control
plan for the review and approval of the Building Official. The applicant shall be
responsible for continuous and effective implementation of the erosion control
plan during project construction. [Mitigation Measure GEO-3]
18. Prior to building permit issuance, the applicant shall obtain final approval from the
City's NPDES consultant. [Mitigation Measure HYD-1]
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19. Prior to building permit issuance, the applicant shall obtain approval from the City
of Rolling Hills and/or the Rolling Hills Community Association for the use of its
private rights-of-way for the transport of personnel, equipment and material
during and after construction. Evidence of said approval shall be provided to the
City's Building Official. [Mitigation Measure TRA-1]
20. Construction equipment shall be kept in proper operating condition, including
proper engine tuning and exhaust control systems. [Mitigation Measure AIR-1]
21. The project shall utilize construction equipment equipped with standard noise
insulating features during construction to reduce source noise levels. [Mitigation
Measure NOI-2]
22. All project construction equipment shall be properly maintained to assure that no
additional noise, due to worn or improperly maintained parts is generated.
[Mitigation Measure NOI-3]
23. The manufacturer's specifications for the approved generator indicate that the
generator will not generate noise in excess of 65 dB(A) at the source. However,
in the event that the City is made aware that the generator is generating noise
levels in excess of 65 dB(A), the applicant shall be required to establish a trust
deposit with the City, in an amount to be determined by the Director, so that the
City can retain a noise consultant of its choosing to conduct monitoring of the
noise levels generated by the generator, as measured at the nearest residential
property line to the generator. If the City's consultant finds that the generator
exceeds the 65 dB(A) noise limit at the property line, the applicant shall be
required to install additional sound-attenuating materials and/or equipment so as
to meet the City's noise limitations for mechanical equipment, to the satisfaction
of the Director and the City's noise consultant.
24. The generator shall be equipped with a lockable valve or lock-box for the fuel
tank drain pipe.
25. The applicant, Verizon Wireless, shall submit periodic updates on wireless
communications technology every five (5) 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, etc.) could be replaced or removed. The applicant shall inform the
City in writing, at least ninety (90) days prior to decommissioning any antennae
or related equipment/structure(s).
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26. This approval shall be valid for a period of 10 years from the date of the City's
final action, or until December 8, 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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