Loading...
PC RES 2014-034 P.C. RESOLUTION NO. 2014-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION (ZON2014-00307), ALLOWING VERIZON WIRELESS TO INSTALL TWO 56" LONG ANTENNA PANELS, TWO RADIO REMOTE UNITS AND ONE FIBER BOX ON THE EXISTING 80' TALL MONOPOLE AND RELATED EQUIPMENT WITHIN AN EXISTING EQUIPMENT SHELTER AT 30940 HAWTHORNE BLVD. WHEREAS, on January 11, 1994, the Planning Commission adopted Resolution No. 94- 5, approving Conditional Use Permit No. 119 Revision A to allow Verizon Wireless to install eight 24" x 12" antennas on an existing monopole; and, WHEREAS, August 26, 2009, the Community Development Director approved a minor modification allowing Verizon Wireless to replace a total of four existing 24" x 12" antennas with two 54" x 14.6" antennas and two 50.9" x 10.6" antennas in the same location on the existing monopole; and, WHEREAS, on September 3, 2011, the Community Development Director approved a revision to the previously approved minor modification in 2009, allowing Verizon Wireless to install two additional 48.4" x 12.2" antennas on the existing monopole; and, WHEREAS, on December 13, 2011, the Planning Commission adopted Resolution No. 2011-40, allowing Verizon Wireless to install a diesel powered stand-by generator to the rear of a two-story administrative building; and, WHEREAS, on July 31, 2014, Core Development Services (representing Verizon Wireless) submitted a Conditional Use Permit Revision, requesting to install two additional antennas, two radio remote units (RRU), and a fiber/power demarcation box on the existing monopole and install additional equipment within the existing equipment shelter; and, WHEREAS, on August 28, 2014 and October 13, 2014, the application was deemed incomplete based on insufficient information; and, WHEREAS, on November 17, 2014, 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 proposed project is categorically exempt under Class 11 (Section 15311); and, WHEREAS, after notice issued on November 17, 2014, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 9, 2014, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2014-34 Page 1 of 7 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 Verizon Wireless to install two 56" long antenna panels, two radio remote units, and one fiber/power demarcation box on the existing 80' tall monopole and related equipment within an existing equipment shelter at 30940 Hawthorne Blvd. (City Hall Facility) 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, the proposed antennas and related equipment do not require additional area as they will be located on an existing monopole and within an existing equipment shelter. Additionally, the proposed antennas, RRUs and fiber/power demarcation box on the monopole will be paint-matched with other existing equipment on the monopole. 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 proposal as it will be subject to the same routine maintenance as the existing Verizon Wireless utilities, which occurs on a monthly basis. 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. More specifically, the proposed antennas with RRUs attached to the backside will be located between existing antennas on the same existing antenna array and the fiber/power demarcation box will be located inside said array. Given the location of said items, the visible mass of the existing monopole will remain relatively the same. Additionally, the proposed antenna related equipment will be placed within an existing equipment shelter and therefore will not be visible. Furthermore, given the 860ft distance between Via La Cresta residences and the proposed project, there will be no noise impacts. 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 antennas will improve communication services to the Verizon Wireless users and the visual impacts of the proposal will be minimal. 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; P.C. Resolution No. 2014-34 Page 2of7 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 proposal are such that additional conditions are not necessary to reduce visual impacts. Section 2: 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 are balanced; 6) a network master plan has been submitted; 7) photographic simulations have been submitted and timely full-scale mock-up has been installed; 8) periodic updates on Wireless Communications Technology is required; 9) screening of support equipment and structure are proposed; and 10) an expiration to the Conditional Use Permit Revision has been applied. Section 3: 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 4: 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 4:30 PM on Friday, January 2, 2015. 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 4:30 PM on January 2, 2015. Section 5: 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 (Case No. ZON2011-00277) for Verizon Wireless antennas and related equipment at 30940 Hawthorne Blvd. P.C. Resolution No. 2014-34 Page 3 of 7 PASSED, APPROVED AND ADOPTED this 9th day of December 2014, by the following vote: AYES: oCommissioners Cruikshank, James, Tomblin, Vice Chairman Nelson, Chairman Leon NOES: None ABSTENTIONS: NOh6 RECUSALS: Commissioner Emenhiser ABSENT: Commissioner Gerstner Gordon Leon, Chairman Joel Rojas,othe Communitypment ire tor; and, Secretary oanning mission P.C. Resolution No. 2014- 34 Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2014-00307 (Verizon Wireless) 30940 Hawthorne Blvd. (City Hall) General Conditions: 1, All of the conditions contained in P.C. Resolution Nos. 94-5 and 2011-40 as well as minor modifications approved by the Director on August 26, 2009 and September 3, 2009 are hereby superseded by the following conditions related to ZON2014-00307. 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 P.C. Resolution No. 2014-34 Page 5 of 7 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 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM on 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. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13a All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. Project Specific Conditions: 14. This approval allows Verizon Wireless to install the following: a. Two 56" long antenna panels on the existing antenna array on the monopole; b. Two radio remote units attached to the two new antenna panels on the monopole; c. One fiber/power demarcation box inside the antenna array on the monopole; d. Additional equipment inside the equipment shelter. 15. Any future changes to the following remaining existing antennas on the monopole or related equipment shall require City approval: ■ Two 24"x12" panel antennas (approved per P.C. Resolution 94-5) ■ Two 54"x14.6" panel antennas (minor modification per Director, Aug. 26, 2009) ■ Two 50.9"x10.6" panel antennas (minor modification per Director, Aug. 26, 2009) ■ Two 48.4"x12.2" panel antennas (minor modification per Director, Sept. 3, 2009) ■ Diesel powered stand-by generator (approved per P.C. Resolution 2011-40) ■ Equipment within the equipment shelter P.C. Resolution No. 2014-34 Page 6 of 7 16. The applicant shall obtain applicable permits from the Building & Safety Division, Public Works Department and the Fire Department. 17. Verizon Wireless shall contact Ms. Nicole Jules or her designee in the Pubic Works Department, at least two-weeks prior to conducting any work on City Hall property. 1& Verizon Wireless 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. 19. This approval shall terminate on December 9, 2024 or concurrently with the lease between the City and Verizon Wireless, whichever is sooner. Upon termination, all Verizon Wireless related antennas and related equipment shall be removed. 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. P.C. Resolution No. 2014-34 Page 7 of 7