PC RES 2011-035 P.G. RESOLUTION NO. 2011-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT REVISION (,ZON2011-00125) TO ALLOW
AT&T MOBILITY TO REPLACE SIX EXISTING 4' TALL ANTENNAS
WITH EIGHT NEW 4.25' TALL ANTENNAS ALONG WITH NEW
ANTENNA SCREENING IN THE SAME GENERAL LOCATION ON THE
ROOFTOP OF A COMMERCIAL BUILDING AND INSTALL AN
ADDITIONAL EQUIPMENT CABINET IN AN EXISTING EQUIPMENT
ROOM AT 500 SILVER SPUR ROAD.
WHEREAS, on May 13, 1097, the Planning Commission adopted Resolution No. 97-27,
approving Conditional Use Permit (CUP) No. 198 for L.A. Cellular (presently known as AT&T
Mobility), allowing the installation of six 5' tall antennas behind a 5.5' tall wall on the rooftop of
an existing commercial building located at 500 Silver Spur Road; and,
WHEREAS, on May 19, 2011, AT&T Mobility submitted a Conditional Use Permit
revision, requesting approval to replace six existing 4' tall antennas with eight upgraded 4.25'
tall antennas in the same general location and add additional equipment within the existing
equipment room; and,
WHEREAS, on October 3, 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 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 October 3, 2011, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on October 25, 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 Mobility to replace six existing
4' tall antennas with eight new 4.25' tail antennas in the same general location. Additionally, the
existing wall that screens the existing antennas will be increased by 1.7' in height so that the
new antennas will be elevated for better reception.. The modified screen will screen the new
elevated antennas and match the exterior color of the building. Also, additional equipment is
proposed to be installed within the existing equipment room.
Section 2: Approval of a Conditional Use Permit revision to allow AT&T Mobility to
replace six existing 4' tall antennas with eight new 4.25' tall antennas is warranted because:
P.C. Resolution No. 2011-35
Page 1 of 6
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, the subject site is
adequate in size and shape to accommodate the proposal. Additionally, the
proposed antennas will be located behind a modified screen that matches the
exterior color of the apartment 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
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 be screened behind a wall that is painted to match the
exterior color of the building. The 1.7' increase to the existing screen is minimal and
does not impair any views. Additionally, the box-like screening wall matches the
design and color of the existing building and will blend in with the overall style.
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
a modified screen that match the exterior color of the existing 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
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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 required; 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 appiied.
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, November
9, 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 November 9, 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 existing 4' tall antennas with eight new 4.25' tall
antennas behind a screening walls in the same location on an existing commercial building, and
the installation of additional equipment within the existing equipment room at 500 Silver Spur
Road (Case No. ZON2011-00125),
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PASSED, APPROVED AND ADOPTED this 25`" day of October 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 17<ojak-, AICP
o'ai
Co Umuni 'y DevelbAent Director; and,
Se eta of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
EASE NO. ZON201 1-00125 (AT&T Mobility)
500 SILVER SPUR ROAD
General Conditions:
1 All of the conditions contained in P.C. Resolution No. 97-27, adopted on May 13, 1997
are hereby superseded by the following conditions related to Case No, ZON2011-00125.
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.
& 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.
Project Sp.ecific Conditions:
15. This approval allows the following. a) the removal of six existing 4' tall antennas; b) the
installation of eight 4.25' tall antennas behind a modified screen on the rooftop; and c)
the installation of additional equipment in the existing equipment room.
16, The new antennas shall be fully screened behind screens that match the exterior color of
the commercial building
117. The height of the screen shall not exceed 47% as measured from the point where the
lowest foundation or slab meets finished grade of the building to the top of the modified
screen.
118, 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.
19. This approval shall be valid for a period of 10 years from the date of the City's final
action, or until October 25, 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.
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