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PC RES 2011-027 P.C. RESOLUTION NO. 2011-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION (ZON2011-00181) TO ALLOW AT&T MOBILITY TO REPLACE SIX EXISTING ANTENNAS WITH TWELVE NEW ANTENNAS BEHIND EXISTING SCREENS ON THE BUILDING FA9ADES OF THE CLOISTERS MAUSOLEUM AND INSTALL AN ADDITIONAL EQUIPMENT CABINET IN THE EXISITNG LEASE AREA AT 27501 WESTERN AVENUE (GREEN HILLS MEMORIAL PARK). WHEREAS, on June 25, 1996, the Planning Commission adopted P.C. Resolution No. 96-16, thereby approving Conditional Use Permit (CUP) No. 190. The approval allowed Pacific Bell Wireless (now known as Verizon Wireless) to operate a wireless facility at the Green Hills Cemetery consisting of four wall mounted antenna panels on the western and southern fagades of the Cloisters Mausoleum building located at the northeastern portion of the cemetery site; and, WHEREAS, on July 25, 2000, the Planning Commission adopted P.C. Resolution No. 2000-22, approving CUP No. 190, Revision A, thereby allowing two additional wall mounted' antenna panels at the eastern fapade of the existing Cloisters Mausoleum building; and, WHEREAS, on October 10, 2006, the Planning Commission adopted P.C. Resolution No. 2006-53, approving CUP No. 190, Revision B, thereby allowing Cingular Wireless (now known as AT&T Mobility) to install 12 antennas and a subterranean equipment cabinet to the mausoleum building; and, WHEREAS, on May 27, 2011, a revision to CUP No. 190, Revision B was submitted by AT&T Mobility, requesting to replace six existing 4' tall antennas with twelve new 8' tall antennas in the same location on the Cloisters Mausoleum building located at Green Hills Memorial Park. The request also includes the installation of an additional new equipment cabinet in the existing lease area; and, WHEREAS, on June 8, 2011, the project was deemed incomplete based on missing information; and, WHEREAS, on June 13, 2011, 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 Conditional Use Permit Revision 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 June 16, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public P.C. Resolution No. 2011-27 Page 1 of 6 hearing on July 12, 2011, 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: The proposed project includes the replacement of six 4' tall antennas with twelve 8' tall antennas in the same location behind extended and existing fiber reinforced plastic screens on the building fagades of the existing Cloisters Mausoleum building and installation of an equipment cabinet within the existing lease area at Green Hills Memorial Park (27501 Western Avenue). Section 2: Approval of a Conditional Use Permit revision is warranted because: 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 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, since the new replacement antennas will be located in the same area as the existing antennas, behind existing screens on the building fagade of an existing mausoleum building, the subject site is adequate in size and shape to accommodate the proposal. Also, no additional conditions are necessary to further integrate the new antennas with the existing building because the extended and existing FRP screens will match the color of the mausoleum. 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. More specifically, 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 AT&T Mobility antennas and related equipment on the subject property. 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 because the proposed antennas will remain hidden behind extended and existing screens and will not be visible from public right-of-ways or neighboring properties. D. 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 (Infrastructure Policy No. 8)". E. The site of the proposed use is not within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of the Development Code. F. 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 P.C. Resolution No. 2011-27 Page 2 of 6 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 antennas will be mounted in the same location as the existing antennas, behind existing screens that will be painted to match the exterior fa(;ade of the mausoleum building G. 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 the proposed tower cannot be located on the site of an existing or planned tower. More specifically, the new antennas are not proposed on existing or proposed new towers. The new antennas are proposed in the same location as the existing antennas, behind existing screens on the building fagade of the mausoleum building. Section 3: The proposed project is consistent with the Wireless Communications Antenna Development Guidelines adopted by the Planning Commission. More specifically, 1) the proposed application was processed expeditiously; 2) the proposed location is on an existing, non-single-family structure; 3) co-location is proposed; 4) view corridors are preserved; 5) public, private costs and benefits were balanced; 6) a network master plan was submitted; 7) photographic simulations were submitted and full-scale mock-ups were not necessary; 8) periodic updates on Wireless Communications Technology is required; 9) screening of support equipment and structure are proposed; and 10) a ten-year expiration to the Conditional Use Permit Revision have been applied. Section 4: The proposed project is consistent with limitations on local zoning authority imposed by the Telecommunications Act of 1996. More specifically, the City's approval of this Conditional Use Permit Revision 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 5: 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, July 27, 2010, A $2,275.00 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 July 27, 2010. Section 6: 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 Revision for the replacement of six 4' tall antennas with twelve 8' tall antennas behind extended and existing screens on the building fagades of the Cloisters Mausoleum building and the installation of an equipment cabinet at 27501 Western Avenue (Case No. ZON2011-00131). P.C. Resolution No. 2011-27 Page 3 of 6 PASSED, APPROVED AND ADOPTED this 12'h day of July 2011, by the following vote: AYES: Commissioners Gerstner, Knight, Lewis, Vice Chairman Tetreault, Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioners Emenhiser, 'Leon David L. Tomblin, Chairman Joel R s 'Cp Corn unity evelopt Director; and, Secre the Pla 6n?i g Commission P.C. Resolution No. 2011-27 Page 4 off66 EXHIBIT'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2011-00131 (AT&T Mobility) 27501 Western Avenue (Green Hills Memorial Park) 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. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County andlor City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. The Community Development Director 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. 4. 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 residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 5. Failure to comply with and adhere to all of these conditions of approval may be 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, 6. 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 Community Development Department and approved by the Director. 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 P.C. Resolution No. 2011-27 Page 5 of 6 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, 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. 11. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 12. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Prowect SiDecific Conditions: 13. This approval allows the following: a) The removal of six 4° tall antennas; b) The installation of twelve 8' tall antennas to the north, east and south fagades of the Cloisters Mausoleum building, behind extended and existing fiber reinforced plastic (FRP) screens. c) The installation of a new equipment cabinet in the existing lease area. 14. The existing FRP screens to the north building fagade shall be extended, as shown on the approved plans. All FRP screens shall be painted to match the exterior color of the mausoleum building. 15. The antennas shall be entirely screened behind the FRP screens. 16. AT&T Mobility 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 July 12, 2021. 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. 2011-27 Page 6 of 6