PC RES 2011-031 P.C. RESOLUTION NO. 2011-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT REVISION (ZON2010-00454) TO ALLOW
AT&T MOBILITY TO REPLACE FOUR EXISTING ANTENNAS WITH
TWELVE NEW ANTENNAS IN THE SAME LOCATION ON AN
EXISTING MONOPOLE AND INSTALL AN ADDITIONAL EQUIPMENT
CABINET IN THE EXISITNG LEASE AREA AT THE CITY HALL
PROPERTY LOCATED AT 30940 HAWTHORNE BLVD.
WHEREAS, on March 1, 1988, City Council adopted Resolution no. 88-15, thereby
adopting a negative declaration for environmental assessment no. 515 and approving
Conditional Use Permit (CUP) no. 119, to allow PacTel Cellular to install an 80' tall cellular
tower and support facilities behind the single-story City Hall building. As part of this approval,
one, three-armed, microwave antenna array was approved at the top of the tower. Ownership
of the monopole has been transferred several times in the intervening years and is currently
owned by American Towers; and,
WHEREAS, on November 15, 1988, the City Council approved a separate lease with
L.A. Cellular (now known as AT&T Mobility) to co-locate on the monopole. Shortly after the
approval of the lease, the Community Development Director approved L.A. Cellular's request to
co-locate antennas on the monopole and install an equipment building behind the two-story City
Hall building; and,
WHEREAS, on January 11, 1994, the City Council adopted Resolution no. 94-20,
thereby adopting a negative declaration for environmental assessment no. 656 and approving
CUP no. 119, revision 'A' to allow PacTel Cellular (now known as Verizon Wireless) to replace
and install additional antennas at the top of the monopole; and,
WHEREAS, on August 26, 2009, the Community Development Director approved a
minor modification to allow Verizon Wireless to replace a total of four existing 2' tall antennas to
two 4.5' tall antennas and add two additional 4.5' tall antennas in the same location at the top of
the tower; and,
WHEREAS, on December 14, 2010, AT&T submitted a Conditional Use Permit revision,
requesting approval to replace four existing 4' tall antennas with twelve new 8' tall antennas in
the same location on the existing monopole and install additional equipment in the existing
lease area at the City Hall property; and,
WHEREAS, on August 29, 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,
P.C. Resolution No. 2011-31
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WHEREAS, after notice issued on September 1, 2011, pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on September 27, 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 four 4' tall antennas
with twelve 8' tall antennas in the same location on an existing monopole and installation of
additional equipment within the existing lease area at the City Hall property (30940 Hawthorne
Blvd.).
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 location on an existing monopole as the existing antennas, the
subject site is adequate in size and shape to accommodate the proposal.
Additionally, the proposed antennas will be light grey in color, to match the existing
antennas on the monopole. 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 view
impacts caused by the added mass of the larger additional antennas on the
monopole are less than significant from the viewing areas of the residential
properties along Via La Cresta. More specifically, these properties have a vast
expansive view of the ocean and are located at least 860ft away from the existing
monopole. The large view frame coupled with a distance of 860ft makes the
proposed project appear relatively minimal.
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)".
P.C. Resolution No. 2011-31
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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 location and match the color of the existing
antennas on an existing monopole.
G. The proposed antennas will remain co-located in the same location as the existing
antennas on an existing monopole, which also has antennas that belong to a
separate wireless carrier.
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 installed; 8) periodic
updates on Wireless Communications Technology is required; 9) screening of support
equipment and structure are proposed; and 10) an expiration date to match the lease
termination date 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, October
12, 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 October 12, 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
P.C. Resolution No. 2011-31
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Use Permit revision for the replacement of four 4' tall antennas with twelve 8' tall antennas in
the same location on an existing monopole and the installation of additional equipment within
the existing lease area at 30940 Hawthorne Blvd (Case No. ZON2010-00454).
PASSED, APPROVED AND ADOPTED this 27th day of September 2011, by the following vote:
AYES: Commissioners Gerstner, Knight, Leon, Lewis, Vice Chairman Tetreault,
Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioner Emenhiser
ABSENT: None
David L. Tomblin,
Chairman
Joel R0 , cP
Commu ity rbevelopmDirector; and,
Secret o the Planning Commission
P.C. Resolution No. 2011-31
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EXHIBIT'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2010-00454 (AT&T Mobility)
30940 HAWTHORNE BLVD. (CITY HALL)
General Conditions:
1. All conditions of approval set forth in CUP 119 and any subsequent revisions shall
remain in full force and effect.
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
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date of this Resolution.
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 Specific Conditions:
15. This approval allows the following:
a) The removal of four 4' tall antennas;
b) The installation of twelve 8' tall antennas (60' to top and 56' to center of
antennas)to an existing monopole on City Hall property.
c) The installation of additional equipment in the existing lease area.
16. The new antennas shall be painted to match the exterior color of the existing antennas
(light grey).
17. 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.
18. The approval of CUP 119 and any subsequent CUP revisions shall become null and void
upon termination of the lease between the monopole lessee and any carriers on the
pole, which at this time is June 30, 2014.
19. AT&T shall contact Mr. Siamak Motahari or his designee in the Pubic Works
Department, at least two-weeks prior to conducting any work on City Hall property.
P.C. Resolution No. 2011-31
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