PC RES 2011-037 P.C. RESOLUTION NO. 2011-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT REVISION (ZON2011-00042) TO ALLOW
AT&T TO REPLACE SIX EXISTING 4' TALL ANTENNAS WITH
TWELVE NEW 8' TALL ANTENNAS IN THE SAME GENERAL
LOCATION ON AN EXISTING OFFICE BUILDING BEHIND MODIFIED
SCREENS AND INSTALL ADDITIONAL EQUIPMENT CABINETS ON
THE ROOF OF 29000 WESTERN AVENUE (US BANK).
WHEREAS, on May 23, 2003, the Planning Commission adopted P.C. Resolution No.
2003-24, thereby allowing Nextel Communications (now known as AT&T) to install twelve 4' tall
antennas on the building fagade behind antenna screens, two condensing units on the side of
the building at ground level, and the construction of an enclosed equipment room within the
existing basement of the building for antenna related equipment; and,
WHEREAS, on February 23, 2011, AT&T submitted a Conditional Use Permit revision,
requesting approval to replace six existing 4' tall antennas with twelve new 8' tall antennas in
the same general location behind modified antenna screens and install additional equipment on
the roof of an existing building; and,
WHEREAS, on October 24, 2011, the project was deemed complete; 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 18000 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 October 27, 2011, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on November 22, 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 is a request by AT&T to replace six existing
antennas with twelve upgraded antennas in the same general location. More specifically, there
is a set of two existing antennas located on each of the north and west fagades of the building.
These antennas are hidden behind 5' long plastic screens that extend down from the top of the
building. The applicant is proposing to replace these 4' tall antennas with four new 8' tall
antennas in the same locations and the existing 5' long plastic screens will be extended 3.5'
downward to hide the new antennas. The remaining two existing antennas are located on the
roof top behind a parapet wall on the east fagade. These antennas will be replaced with four
new antennas in the same location screened behind a parapet wall, which will be increased in
height by 3'.
P.C. Resolution No, 2011-37
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Section 2: Approval of a Conditional Use Permit revision to allow AT&T to replace
six existing antennas with twelve new antennas 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 general location as the existing antennas, no additional space is
necessary and the subject site is adequate in size and shape to accommodate the
proposal. Additionally, the proposed antennas will be located behind modified plastic
screens that match the exterior color and design of the office building. Therefore, no
additional conditions are necessary to further integrate the new antennas on the
proposed location and with adjacent properties.
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
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 project will be disguised as part of the building behind color-matched
plastic screens. More specifically, the modifications to the existing plastic screens,
including the increase in parapet height on the east fagade will blend in with the style
of the office building, which includes multiple protruding roof elements. The modified
east fagade will continue to remain shorter than other portions of the roof and
maintain the same style and color of the building.
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
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 have been
conditioned to be mounted in the same general location as existing antennas behind
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modified screens that match the exterior color of the existing building. Additionally,
the antenna related mechanical units will be located behind an existing screening
wall on the roof.
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 a full-scale mock-up was erected; 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 has 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, December
7, 2011. 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 December 7, 2011.
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 new 8' tall antennas in
the same general location behind modified screens on an existing office building and the
installation of additional equipment on the rooftop of 29000 Western Avenue (Case No.
ZON2011-00042).
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PASSED, APPROVED AND ADOPTED this 22nd day of November 2011, by the following vote:
AYES: Commissioners Knight, Leon, Vice Chairman Tetreault, Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioner Emenhiser
ABSENT: Commissioners Gerstner, Lewis
David L. Tomblin,
Chairman
Joel R as, �CP
Com unity Develo rn nt Director; and,
SecrZtary the Planning Commission
P.C. Resolution No. 2011-37
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EXHIBIT "A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2011-00042 (AT&T)
29000 Western Avenue (US Bank)
General Conditions:
1. All of the conditions contained in P.C. Resolution No. 2003-24 are hereby superseded by
the following conditions related to ZON2011-00042.
2. 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.
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 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.
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 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 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.
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 Community Development Department 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.
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10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
11. 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.
12. 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.
13. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
14. 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:
15. This approval allows the following:
a) The removal of six 4' tall antennas;
b) The installation of four 8' tall antennas on each of the north and west
fagades near the top of the building behind modified plastic screen
measuring 85 in length-,
c) The installation of four 8' tall antennas on the rooftop behind a modified
parapet screen on the east fagade, measuring 9' in height-,
d) The installation of additional equipment adjacent to existing equipment
behind an existing screening wall on the west fagade.
16. The antenna screens shall be of the same design and color of the existing office
building.
17. AT&T 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.
18. This approval shall be valid for a period of 10 years from the date of the City's final
action, or until November 22, 2021. The applicant and/or its successor(s) interest may
request an extension of this approval to the body taking final action, in writing and
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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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