PC RES 2013-015 P.C. RESOLUTION NO. 2013-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT, MAJOR GRADING PERMIT AND A
MINOR EXCEPTION PERMIT (ZON2012-00257) TO ALLOW AT&T TO
CONDUCT 675YD3 OF GRADING TO CREATE A LEVEL AREA TO
ACCOMMODATE A 19'-6" TALL, 2,930FT2 EQUIPMENT SHELTER,
WHICH WILL INCLUDE RETAINING WALLS UP TO 8' IN HEIGHT, A
COMBINATION WALL UP TO 11.5' IN HEIGHT, A 6' TALL WROUGHT
IRON SECURITY FENCING AND PLANT FOLIAGE FOR SCREENING
PURPOSES AT 28637 CRENSHAW BLVD.
WHEREAS, on August 15, 2012, CES on behalf of AT&T submitted applications for the
construction of a 19'-6" tall, 2,930ft2 equipment shelter with 675yd3 of grading. Based on
preliminary review, Staff deemed the project incomplete on August 29, 2012. After subsequent
submittals of additional information, Staff deemed the project complete on May 13, 2013; 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, Major
Grading Permit and Minor Exception Permit will have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt under Class 3
(Section 15303); and,
WHEREAS, after notice issued on May 20, 2013, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 11, 2013, 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 to conduct 675yd3 of grading to create
a pad area for a 19'-6" tall, 2,930ft2 equipment shelter to house telecommunications equipment
for existing and future antennas in the public right-of-way. The request also includes the
construction of related retaining walls up to 8' in height, a combination wall up to 9' in height, 6,
tall wrought iron security fencing and planting of foliage for screening purposes..
Section 2: Approval of a Conditional Use Permit to allow a utility structure over 16' in
height on a property zoned institutional is warranted because:
A. That the site is adequate in size and shape to accommodate the proposed use
and for all the yards, setbacks, walls, fences, landscaping and other features
required or by conditions imposed to integrate said use with those on adjacent
land and within the neighborhood. More specifically, the applicant is proposing to
create a levelpad for an equipment shelter within the vacant area towards the
front of the property. The proposed pad area will be outside of all required
institutional zoning district setbacks of 25' front, 20' sides and 20' rear. Although
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not required, all proposed fencing, retaining walls and landscaping area are also
outside of the required setbacks. Additionally, the applicant is proposing to plant
foliage around, the perimeter of the pad area for screening purposes. Also, since
the pad area will be at least 6.5' lower than the street level, only about 13' of the
equipment shelter will be partially visible from the public right-of-ways through the
proposed landscaping. Furthermore, the equipment shelter is designed with
stucco finish and gable tile roof, similar to the Mirandela Senior Apartments,
other Institutional buildings and residential properties in the near vicinity.
B. 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. More
specifically, the proposed equipment shelter is unmanned and estimated to have
a single employee visit the site on a monthly basis for maintenance purposes.
C. 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.
More specifically, the proposed equipment shelter will not impact any views since
only 13' of the structure will be partially visible between proposed landscaping
and located at least 38'-9" away from the sidewalk secured with 6' tall fencing to
prevent public access. Additionally, the antenna equipment within the equipment
shelter and a/c units on the exterior does not exceed 65dba from all property
lines.
D. That the proposed use is not contrary to the General Plan, More specifically, the
proposed equipment shelter will house equipment to support existing and future
antennas in the public right-of-way within City of Rancho Palos Verdes as well as
other areas on the Peninsula, which is consistent with Infrastructure Goals - It
shall be a goal of the City to ensure adequate public utilities and communications
services to all residents, while maintaining the quality of the environment
Additionally, foliage is proposed around the perimeter of the entire new pad area
to screenthe entire compound, which is consistent with Infrastructure Policy No.
8 - 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.
E. That, the proposed use is not within any of the Overlay Control Districts.
F. That conditions regarding any of the requirements, which the Planning
Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed, including noise levels from mechanical and
screening with foliage.
Section 3: Approval of a Major Grading Permit to allow 675yd 3 of grading with
retaining walls up to 8' in height is warranted because:
A. The grading does not exceed that which is necessary for the permitted primary
use of the lot. More specifically, the subject property is zoned institutional, which
allows for utility structures. The purpose of the proposed grading is to create a
level area on a sloping vacant portion of the lot to place an equipment shelter to
house equipment for current and future antennas in the public right-of-way.
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Installing additional equipment to accommodate more antennas would be
beneficial to the public by providing better wireless reception.
B. The proposed grading and/or related construction does not significantly
adversely affect the visual relationships with, nor the views from the viewing area
of neighboring properties. More specifically, the proposed grading consists
mainly of cut to place a new equipment shelter at least 6,5' below the existing
street level. As such, only 13' of the equipment shelter will be partially visible
behind proposed landscaping around the perimeter of the site. The properties to
the north, west and south are elevated significantly higher than the proposed
building pad and thus no views will be affected. The property to the east (Palos
Verdes Art Center is slightly lower than the subject property and therefore no
views will be impacted.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. More specifically, the proposed
grading area slopes down in an easterly and southerly direction. In order to
create a level area, the applicant is proposing to lower the front elevation to
match the rear, thereby placing the equipment shelter at least 6.5' lower than the
street elevation. The areas beyond the new pad will be preserved in its current
condition.
D. The grading takes into account the preservation of natural topographic features
and appearances by means of preserving the natural topography outside of the
created pad area.
E. The grading utilizes street designs and improvements which serve to minimize
grading alternatives and harmonize with the natural contours and character of the
hillside. More specifically, the proposed grading involves excavation and
construction of retaining walls that follow the site and street contours, while the
areas beyond the new pad will be preserved in its current condition. Additionally,
since the new pad will be lower than the street elevation and screened by foliage,
the proposed grading does not alter the character of the area.
F. The grading would not cause excessive and unnecessary disturbance of the
natural landscape or wildlife habitat through removal of vegetation because none
exists on the property.
G. The grading is not proposed over slopes in excess of 35% steepness; no finished
slopes greater than 35% is proposed; no fill or cut over 50% gradient is
proposed; upsloping and downsloping retaining walls do not exceed 8' and 3.5%
respectively. A depth of cut in excess of 5' and retaining walls in excess of 3.5' in
the side yard can be warranted because they are consistent with the grading
purposes and will not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity. Other neighboring properties
along Crestridge Road were approved with multiple retaining walls along the side
yard exceeding 3.5' in height, requiring cuts over 5' in depth in the recent years.
Additionally, the proposed project requires City Geologist, Fire Department and
Building & Safety Division review and approval prior to issuance of permits for
construction and therefore will not be detrimental to the public safety nor to other
property,
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Section 4: Approval of a Minor Exception Permit for a combination wall in excess of
8' along the south side of the new pad area is warranted by a practical difficulty. More
specifically, in order to construct a 19'-6" tall structure within a compound that would be least
visible from adjacent properties, the existing grade is proposed to be lowered to match the rear
grade elevation. In doing so, retaining walls are necessary to support the lowered pad area.
Additionally, to secure the site and protect the public from accessing the equipment shelter, 6'
tall security fencing is proposed around the compound, at least 3' away from the retaining walls.
However, along the rear retaining wall, the security fencing is provided immediately on top of the
wall, creating a combination wall taller than 8' in height. Since there is an easement
immediately behind the proposed combination wall, there is no other place to install the security
fencing except on top of the retaining wall. The only other alternative is to lower the pad even
further and push the entire compound closer to the street, which would necessitate more
grading and taller retaining walls. The existing contours of the site creates a practical difficulty
requiring sufficient amount of grading that includes the construction of a combination wall in
excess of 8'.
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, June 26,
2013. 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 June 26, 2013.
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, Major Grading Permit and a Minor Exception Permit for 675yd3 of grading for the
construction of a 19'-6" tall, 2,930ft2 equipment shelter, related retaining walls up to 8' in height,
a combination wall up to 11.5' in height, 6' tall wrought iron security fencing and planting of
foliage for screening purposes (Case No. ZON2012-00257).
PASSED, APPROVED AND ADOPTED this 11th day of June 2013, by the following vote:
AYES, Commissioners Lewis, Nelson, Tetreault, Tomblin, Vice Chairman Leon,
NOES, None
ABSTENTIONS:None
RECUSALS: Chairman Emenhiser
!e'
ABSENT: Commissioner Gerstner
Dave Emenhiser
Chairman
Joel jasA'
cp
Com unit Develop keDirector; and,
Secret fthe
Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2012-00257 (CUP, GR, MEP)
28637 Crenshaw Blvd.
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 conducting any work in the public right of way, such as for curb cuts, clumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
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.
11 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.
PrpLect,Specific Conditions:
15. This approval is for the following:
i. Construction of a 2,930ft2equipment shelter with stucco finish and gable tile roof;
ii. Radio switching and ancillary support equipment within the equipment shelter;
iii. A/c units on the exterior of the equipment shelter, color matched with the stucco
finish;
iv. Conduct 675yd-3of grading with 6.5' maximum depth of cut;
V. Retaining walls up to 8' in height;
vi. Combination wall up to 11.5' in height along the south side;
vii. Perimeter wrought iron fencing up to 6' in height, located at least 3' away from
any retaining walls,
Vill. Landscaping around the perimeter of the compound for screening purposes.
16. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following.- 25' front, 20'
rear and 20' sides.
17. The maximum building height of the equipment shelter shall not exceed 19'-6" and shall
not exceed one-story.
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I& Prior to building permit final, the applicant shall submit noise specifications for both the
antenna equipment and a/c units to ensure that the noise levels will not exceed 65dba
as measured from the closest property lines. If noise specifications are not available,
noise tests shall be conducted at the nearest property line and appropriate documents
submitted as proof that noise levels will not exceed 65dba,
19, The proposed a/c units shall not exceed the roof eaves of the equipment shelter and be
painted to match the stucco finish of the equipment shelter.
M Landscaping shall be planted per the approved Landscaping Plan (Sheet L-1) for
screening purposes, If in the future any of the new foliage significantly impairs a view
from a viewing area of a residential property, the view impairing foliage shall be trimmed
to a height determined by the Community Development Director to no longer cause
significant view impairment.
21. Prior to issuance of a grading permit, a haul route to transport soil exported from the
project site shall be approved by the Director of Public Works to minimize exposure of
sensitive receptors to potential adverse noise levels from hauling operations. Unless
determined by the Public Works Director to be unsafe, the haul route shall utilize Indian
Peak Road. In considering the haul route, the Public Works Director shall take into
account and consideration the school traffic along the haul route, and shall have the
ability to modify the approved haul route, modify the hours of the grading operation, and
impose any traffic-control conditions in the interest of public safety, if deemed necessary.
22. All maintenance and groundskeeping equipment shall be housed in the equipment
shelter.
23. The driveway shall be a minimum width of 10' and shall not exceed 20% gradient.
24. No improvements are allowed within the existing 10' wide easement granted to Palos
Verdes Water Company for pipe lines.
25. All new utility lines shall be placed underground from an existing powerpole or other
point of connection off-site.
26. Prior to building permit final, Fire Department review and approval is required,
27. Prior to building permit final, City Geologist review and approval is required,
28. Any change in the use of the structure other than for maintaining radio switching and
ancillary support equipment, will be subject to future Planning Commission review and
approval,
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