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PC RES 2010-006 P.C. RESOLUTION NO.2010-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A REVISION TO A CONDITIONAL USE PERMIT (ZON2009-00368) TO ALLOW SPRINT/NEXTEL TO REPLACE THREE EXISTING PANEL ANTENNAS AND INSTALL THREE MICROWAVE DISH ANTENNAS BEHIND EXISTING PARAPET WALLS ON THE ROOFTOP OF 29000 WESTERN AVENUE. WHEREAS, on June 26, 2001, the Planning Commission adopted Resolution No. 2001- 14, thereby approving Conditional Use Permit No. 224, allowing Sprint PCS to mount four antenna panels, one GPS antenna, and five equipment cabinets on the rooftop of the existing commercial building located at 29000 Western Avenue; and, WHEREAS, on May 27, 2003, the Planning Commission adopted Resolution No. 2003- 00019, thereby approving a Conditional Use Permit, allowing Nextel Communications to mount twelve panel antennas to the rooftop, install two condensing units and construct an equipment room within the basement of the existing commercial building; and, WHEREAS, on September 16, 2009, the applicant (Blackdot Wireless representing Sprint/Nextel) submitted a revision to Conditional Use Permit No. 224, requesting approval to allow Sprint/Nextel to replace three existing antennas and add an additional three antennas behind an existing parapet at the rooftop of the commercial building; and, WHEREAS, on September 24, 2009, the project was deemed incomplete based on missing information; and, WHEREAS, on January 13, 2010, the project was deemed complete after subsequent reviews; 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 revision to a 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 1 (Section 15301); and, WHEREAS, after notice issued on January 18, 2010, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 23, 2010, 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 replacement of three existing antennas with three new panel antennas and installation of three new microwave dish antennas behind existing parapet walls on the rooftop of an existing commercial building. P.C. Resolution No. 2010-06 Page 1 of 5 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 location of the proposed antenna panel and related equipments complies with the development standards of the Commercial General district and adequate screening methods are used to be compatible with the surrounding neighborhood and their uses. 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 any required service will be part of the current routine maintenance schedule for the existing, Sprint/Nextel antennas and related equipment on the subject property. 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 visible or be near to any public right-of-ways and neighboring properties due to the proposed location and screening methods. 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 Commercial General. Section 6: That the site of the proposed use is not within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of this title. 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 antennas will be mounted behind existing parapet walls that are painted to match the exterior fagade color of the commercial building. 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. However, the existing commercial building serves as a cell tower that accommodates multiple antennas behind the parapet walls on the rooftop. Given that there are two existing T-Mobile and Sprint/Nextel carriers in the same proposed location, this can be perceived as co-locating. Section 9: That the approval of this Conditional Use Permit is consistent with the City's Wireless Communications Antenna Development Guidelines because the proposed P.C. Resolution No. 2010-06 Page 2 of 5 i antennas are compatible with an existing use on the subject property; it will have no 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 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, March 10, 2010. 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 March 10, 2010. 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 revision to a Conditional Use Permit for the replacement of three panel antennas and the installation of three microwave dish antennas behind existing parapet walls on the rooftop of a commercial building at 29000 Western Avenue (Case No. ZON2009-00368). PASSED, APPROVED AND ADOPTED this 23rd day of February 2010, by the following vote: AYES: Commissioners Knight, Leon, Tetreault, Tomblin, Vice Chairman Gerstner, Chairman Lewis NOES:None ABSTENTIONS: None RECUSALS: Commissioner Emenhiser ABSENT:None e r y ew' Chairma Joel Roj , ICP .Directorf P nning, V wilding and Cod forcement; and, Secretary of the Planning Commission P.C. Resolution No. 2010-06 Page 3 of 5 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2009-00368 (Sprint/Nextel—29000 Western Avenue) 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. 2010-06 Page 4 of 5 t` 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. Project Specific Conditions: 14.This approval allows the following behind existing parapet walls on the rooftop of a commercial building: L Replacement of three existing antennas with three new panel antennas and ii. Installation of three microwave dish antennas. 15. The antennas shall be entirely screened behind the existing parapet walls and in no case shall exceed the height of the existing parapet walls. 16. Sprint/Nextel shall submit periodic updates on Wireless Communications Technology every five years, from the date of this approval, to be reviewed by the Community Development Director. 17.This approval shall be valid for a period of 10 years from the date of the City's final action, or until February 23, 2020. 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. 2010-06 Page 5 of 5