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PC RES 2014-010 P.C. RESOLUTION NO. 2014-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION (ZON2013-00111), ALLOWING SPRINT PCS TO REMOVE 6 EXISTING ANTENNAS AND INSTALL 3 NEW ANTENNAS WITHIN A NEW 5.67' TALL, 78FT2 DECORATIVE ENCASEMENT ON THE EAST END OF THE ROOF OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 28041 HAWTHORNE BLVD. WHEREAS, on September 12, 2000, the Planning Commission conditionally approved Conditional Use Permit (CUP) No. 214 to allow Sprint PCS to install 6 rooftop antennae panels with related support equipment on the ground floor of a commercial building located at 28041 Hawthorne Blvd; and, WHEREAS, on November 27, 2012, the Planning Commission adopted P.C. Resolution No. 2012-21, allowing AT&T to replace existing antennas with new antennas within a modified encasement on the west end of the roof; and, WHEREAS, on March 20, 2013, Core Development Services representing Sprint PCS submitted an application (CUP Revision — Case No. ZON2013-00111) requesting removal of existing antennas on the roof and installation of new antennas within a new decorative chimney- like structure at the east end of the roof; and, WHEREAS, on March 28, 2014, the application was deemed incomplete due to missing information; and, WHEREAS, after subsequent resubmittals, the application was deemed complete on November 18, 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 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 November 21, 2013, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 27, 2012, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on November 25, 2013, the applicant notified Staff that they need additional time to erect the required temporary silhouette as they ran into structural issues while attempting to construct it on the roof and granted a 90-day extension to the decision deadline; and, WHEREAS, on December 10, 2013, the Planning Commission granted the applicant's request and continued the public hearing to an unspecified date, to allow the applicant P.C. Resolution No. 2014-10 Page 1 of 6 additional time to construct the required certified silhouette that depicts the proposed antenna enclosure; and, WHEREAS, on January 29, 2014, the applicant notified Staff that the silhouette was completed; and, WHEREAS, after notice issued on February 6, 2014, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 25, 2014, 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: That the proposed project includes the removal of six existing antennas and installing three new antennas within a new decorative encasement that matches the AT&T encasement on the east side of the roof. The proposed encasement is identical in size (78ft2), height (5'-8"), color and materials of the recently approved AT&T encasement. Section 2: That 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, the new antennas and related equipment are proposed on the roof of an existing commercial building and related equipment are proposed in the existing leasing area. Therefore, no additional space will be required. Additionally, the proposed decorative encasement will match the color (beige exterior finish with decorative designs on the fagades), material and design (red clay tile gable roof with same roof pitch) of the building, which is identical to the AT&T encasement located on the west end of the roof. Section 3: 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 because there will be no additional traffic generated by the proposed project since it will be included as part of the monthly routine maintenance schedule for the existing antennas and equipment. Section 4: 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 view impact caused by the proposed antenna encasement is not significant as it only impairs a minimal view of the ocean, the existing parapet on the commercial building and the sky from a single property located at 6332 Villa Rosa. Additionally, the proposed project would remove the individual antennas on the roof of the commercial building and consolidate them, fully screened within a decorative encasement that matches one at the other end of the roof currently under construction. Given the size, location and design, the encasement does not appear bulky or massive. Furthermore, the property owner of 6338 Villa Rosa raised concerns related to noise from cooling equipment on the subject property. Although the noise does not originate from the Sprint PCS equipment area, any new equipment are limited to 65 decibels from all property lines to ensure reasonable noise levels. Section 5: That 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 P.C. Resolution No. 2014-10 Page 2 of 6 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". More specifically, the proposed antennas will update communication services to the residences while the visual impacts of the additional antennas will be less than significant and the new antennas will be located within a decorative enclosure, which will match the building color, design and material. Additionally, the proposed enclosure will provide symmetry to the building roof as it will match the previously approved enclosure on the west side of the roof, which is identical in size, height, materials and color. Section 6: That the subject site is not located within any of the Overlay Control Districts. Section 7: That 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 antenna panels and support equipment comply with both the development standards of the Commercial General district and the special standards for commercial antenna from RPVMC Section 17.76.020. Additionally, the size, placement and screening methods for the proposed encasement are such that additional conditions are not necessary to reduce visual impacts. Furthermore, based on noise concerns from cooling equipment on the subject property that does not appear to originate from the Sprint PCS equipment area, any new equipment are limited to 65 decibels from all property lines to ensure reasonable noise levels. Section 8: That the approval of the proposed project is consistent with the City's Wireless Communications Antenna Development Guidelines because this permit request is being heard by the Planning Commission less than sixty (60) days from the date a one-time, 90- day extension was granted; the proposed antennas and support equipment will be located on an existing commercial building; the proposed antennas will be co-located on the rooftop of an existing building that house antennas from other carriers; the location and design of the antennas and related equipment preserves view corridors; there is a balance of public and private costs and benefits; the applicant has submitted a network master plan; a temporary mock-up was erected; a periodic update on wireless communications technology is being required; the screening of support equipment is adequate; and the issuance of the permit is being granted for a 10-year period. Section 9: That the approval of this Conditional Use Permit revision is consistent with limitations on local zoning authority imposed by the Telecommunications Act of 1996 because the City's conditional approval of this permit 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. P.C. Resolution No. 2014-10 Page 3 of 6 Section 10: 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, March 12, 2014. An 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 March 12, 2014. Section 11: 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, allowing Sprint PCS to remove six existing antennas and installing three new antennas within a new decorative encasement (78ft2 in size and 5-8" in height) on the east side of the roof that matches the AT&T encasement on the west side of the roof of a commercial building located at 28041 Hawthorne Blvd (ZON2011-00106). PASSED, APPROVED AND ADOPTED this 25th day of February 2014, by the following vote: AYES: Commissioners Gerstner, Lewis, Nelson, Tetreault, Vice Chairman Leon NOES: Commissioner Tomblin ABSTENTIONS: None RECUSALS: Chairman Emenhiser ABSENT: None Dave Emenhiser, Chairman Joel Rojas, Pftfl Community a elopmentartment; and, Secretary of h Planning mmission ,f P.C. Resolution No. 2014-10 Page 4 of 6 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2013-00111 (Sprint PCS —28041 Hawthorne 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. 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. 3. 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. 4. 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 commercial development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 P.C. Resolution No. 2014-10 Page 5 of 6 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. 10. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 11. 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: 12. This approval allows Sprint PCS to remove six existing antennas and install three new antennas within a new decorative encasement that matches the AT&T encasement on the east side of the roof. The proposed encasement is identical in size (78ft2), height (5'- 8"), color and materials of the recently approved AT&T encasement. Sprint PCS will not be required to modify their encasement to match any future changes approved by the City to the existing AT&T encasement. 13. The related equipment shall be installed only within the leased area of the equipment well and shall not exceed the parapet height. All mechanical equipment shall be housed in enclosures designed to attenuate noise to a level not to exceed 65dBA at the project site's property lines. 14. Sprint PCS shall submit periodic updates on Wireless Communications Technology for their respective systems to the Community Development Director every five years, from the date of this approval. These updates shall identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure (i.e. antennae, monopoles, etc.) could be replaced or removed. 15. This approval shall be valid for a period of 10 years from the date of the City's final action, or until February 14, 2024. 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. 16. No building permit for this application shall be issued until the temporary AT&T antennas are placed inside the new encasement to ensure compliance with the original approval (P.C. Resolution No. 2012-21). P.C. Resolution No. 2014-10 Page 6 of 6