PC RES 2013-005 P.C. RESOLUTION NO. 2013-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT REVISION (ZON2012-00307) TO ALLOW
SPRINT PCS TO MODIFY THE EXISTING MONOPOLE WITH NEW
AND REPLACEMENT ANTENNAS, AND REPLACE AND INSTALL
NEW GROUND-MOUNTED EQUIPMENT WITHIN THE LEASE AREA
LOCATED AT 5837 CREST ROAD.
WHEREAS, on January 14, 1997, the Planning Commission adopted P.C. Resolution
No. 97-7, approving Conditional Use Permit No. 192 (CUP 192) for the relocation and
replacement of an existing monopole for Pacific Bell Mobile Services (PBMS) and the California
Water Service Company (CalWater) antennas; and,
WHEREAS, on December 9, 1997, the Planning Commission adopted P.0 Resolution
No. 97-75, approving a revision to CUP 192 for the co-location of Spring PCS antennas on the
newly erected monopole; and,
WHEREAS, on February 22, 2000, the Planning Commission adopted P.C. Resolution
No. 2000-06, approving a revision to CUP No. 192 to relocate and replace the monopole and
equipment on the site and adding additional antennas by Verizon Wireless; and,
WHEREAS, on October 30, 2008, the Planning Commission adopted P.C. Resolution
No. 2008-39, approving a revision to CUP No. 192 for the installation of an emergency back-up
generator by Verizon Wireless; and,
WHEREAS, on September 18, 2012, Sprint PCS submitted a Conditional Use Permit
Revision application requesting to replace the existing antennas with updated equipment, add
additional antennas, replace two equipment cabinets and install one new junction box within the
existing lease area; and,
WHEREAS, on September 18, 2012, the application was deemed incomplete based on
insufficient information; and,
WHEREAS, on January 16, 2013, upon receiving additional information, 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 January 24, 2013, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on February 12, 2013, at which time all interested parties were given an opportunity to
be heard and present evidence.
P.C. Resolution No. 2013-05
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Approval of a Conditional Use Permit Revision to allow Sprint PCS to
replace existing and install new antennas, replace existing ground-mounted equipment cabinets
with upgraded equipment and install one new junction box within the existing lease area is
warranted because:
A. The site is for the intended use is adequate in size and shape to accommodate said
use because it has been found that the location of the proposed new and
replacement antennas and ground-mounted equipment complies with the
development standards of the RS-4 district, the location of the monopole and
equipment will continue to exceed the minimum 25-foot setback required by the
Development Code, adequate off-street parking for the antenna facility is provided,
and fencing and landscaping to screen the structures and equipment will continue to
be provided.
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 because the proposed new
and replacement antennas and equipment will be subject to the same routine
maintenance as the existing Sprint PCS commercial antennas and equipment.
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 not be visible from surrounding properties and will be located in
the same location as existing antennas and equipment. More specifically, the
proposed replacement ground-mounted equipment cabinets and new junction box
will be located in the existing area leased by Sprint PCS which is located behind an
existing six foot tall solid wood fence. Additionally, the proposed new and
replacement antennas are located on a portion of the existing monopole which
currently contains antennas and will not increase the overall height of the monopole,
and will continue to be screened by existing foliage as well as painted to match the
existing monopole and other antennas.
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)". More specifically, the proposed new and replacement antennas and
equipment are intended to be upgrades of the existing equipment that will improve
service while minimally changing the appearance or use of the area which is
currently occupied by existing antennas and equipment.
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
P.C. Resolution No. 2013-05
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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 size and placement for the proposed
new and replacement antennas and equipment are such that only a few additional
conditions are necessary to reduce visual impacts.
Section 2: The proposed project is in conformance with the City's "Wireless
Communications Antenna Development Guidelines" because the application was processed as
expeditiously as possible, the new and replacement antennas and equipment is not located on a
single-family structure, the project allows for co-location of three wireless communication
providers, the project does not significantly impair a view, the project does not benefit the
wireless communications service providers at the expense to the general public, the provider
has submitted a photographic simulation, the project is conditioned to require the applicant to
submit periodic updates on wireless communications technology, and the support equipment
will be screened with landscaping and screening.
Section 3: 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, February
27, 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 February 27, 2013.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of the proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a revision to
Conditional Use Permit No. 192, subject to the Conditions of Approval contained in the attached
Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare (Case No. ZON2012-00307).
P.C. Resolution No. 2013-05
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PASSED, APPROVED AND ADOPTED this 12th day of February 2013, by the following vote:
AYES: Commissioners Gerstner, Leon, Lewis, Tomblin, Chairman Tetreault
NOES: None
ABSTENTIONS: None
RECUSALS: Vice Chairman Emenhiser
ABSENT: Commissioner Nelson
4/41.
Paul T trea t, Chairman
tvbe,5.e•
Joel Rojas, 1cP
Community Development Director; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2012-00307 (Sprint PCS)
5837 Crest Road (CalWater Maintenance Yard)
1. This approval is for modifications on the existing 89 foot tall monopole to remove six
existing 4.5 foot tall Sprint PCS panel antennas to be replaced with three new 6 foot tall
panel antennas in the same location, and the installation of three new Remote Radio
Head (RRH) antennas below said new panel antennas. On the ground adjacent to the
monopole, two existing equipment cabinets are to be replaced with two new upgraded
equipment cabinets in the same location, with a new junction box on a 6 foot tall H-frame
utility rack, on the concrete pad of the existing leased area of the project site.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant and
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 approval. Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void.
3. All project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein or in the conditions of approval
for Conditional Use Permit No. 192 and all subsequent revision approvals, in the RS-4
district development standards of the City's Municipal Code.
4. 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.
5. 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.
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.
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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.
10. 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.
11. 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.
12. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. 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.
14. No grading is approved under this permit.
15. All conditions of approval from Conditional Use Permit No. 192 and subsequent
revisions shall remain in full force and effect, unless superseded by the conditions
established in this permit approval.
16. All proposed new antennas shall be painted to match the existing equipment and
monopole, to the satisfaction of the Community Development Director.
17. The proposed new and replacement ground equipment shall be located as depicted on
the stamped approved plans, but in no case shall said equipment be less than:
Front: 20'-0" Side: 5'-0" Rear: 15'-0"
18. The proposed new and replacement antennas on the existing 89'-0" tall monopole shall
measure as depicted on the stamped approved plans, but in no case shall the height of
the new antenna exceed 43'-0" tall, as measured from the adjacent grade, without prior
City approval.
19. The existing fence and foliage screening the ground-mounted equipment shall be
maintained at the same height and location.
20. Sprint PCSc shall submit periodic updates on Wireless Communications Technology
every five years, from the date of this approval, to be reviewed by the Community
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Development Director. Said updates shall identify both any new and emerging
technologies, as well as any outdated or obsolete technologies whose facilities and
infrastructure could be replaced ore removed.
21. The applicant shall obtain all required permits from the Building and Safety Division.
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