PC RES 1992-0590
P.G. RESOLUTION NO. 92-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING CONDITIONAL USE PERMIT NO. 171 TO
ALLOW USE OF A 19 FOOT HIGH ANTENNA FOR
COMMERCIAL PURPOSES IN A RESIDENTIAL ZONING
DISTRICT ON PROPERTY LOCATED AT 30057 MATISSE
DRIVE.
WHEREAS, Eugene Muntean has submitted a request on behalf of
the Vessel Assist Association of America, Inc. to allow
installation and use of a 19 foot high antenna for commercial
purposes in a residential zoning district; and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held on
September 8, 1992 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 there is no possibility that the activity in
question will result in significant adverse effects on the
environment. Therefore, the proposed project is exempt pursuant to
Section 15061.B3 of the California Environmental Quality Act.
Section 2: The site for its intended use is adequate in size
and shape to accommodate the use because, as installed, the antenna
is not visible from any adjacent properties, is located below the
eaveline of the adjacent structure and outside of all required
setbacks, and does not require guy wire supports.
Section 3: The site for the proposed use is adequately served
by the adjacent streets and highways because the antenna will be
remotely controlled from the applicant's business offices in Costa
Mesa, and will require access for maintenance via a standard
passenger vehicle approximately once each year.
Section 4: In approving the subject use at the specific
location there will be no adverse effect on adjacent property
because the antenna will operate at different frequencies than are
used by local radio and television and therefore should not result
in adverse impacts on adjacent property. Furthermore, by approving
this application for a trial period of six months, any interference
to such uses can be identified and additional conditions may be
imposed, if deemed necessary or appropriate.
Section 5: That, because the antenna is not visible from
adjacent properties and has been erected to respect all minimum
setback requirements, the proposed use is not contrary to the
General Plan.
Section 6: That safeguards, other than subsequent review of
this approval in six months, to protect the health, safety, and
general welfare are not required because the antenna is not visible
from adjacent properties and use of the antenna will not require
excessive vehicular trips.
Section 7: The proposed antenna conforms to the Commercial
Antenna requirements of Sections 17.41.010 and 17.41.110 of the
Rancho Palos Verdes Development code in that the antenna conforms
to the minimum setback requirements, does not require guy wire
supports, and has been installed in a such a manner that it is not
visible from adjacent properties. Additionally, the applicant has
supplied copies of the Federal Communications Commission (FCC)
license and documentation that compliance with Federal Aviation
Administration (FAA) regulations is not required.
Section 8:. For the foregoing reasons and based on the
information and findings included in the Staff Report and records
of the proceedings, the Planning Commission hereby approves
Conditional Use Permit No. 171 to allow use of a 19 foot high
antenna for commercial purposes in a residential zoning district
subject to the conditions of approval in Exhibit "All which are
necessary to protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 22nd day of September, 1992.
Dudley gXderdonk, Director of
Environmental Services and
Secretary to the Commission
Ik 4 114 Z/ -
Robert Katherman
Chairman
P.C. Resolution No. 92-59
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EXHIBIT "All
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 171
30057 MATISSE DRIVE
1. This approval shall be valid for a trial period of six (6)
months. At the end the six (6) months, the approval may be
extended upon written request to the City and subject to the
review and approval by the Planning Commission. The Planning
Commission may- grant an extension, impose additional
conditions as deemed necessary and appropriate, or revoke the
permit upon finding that the antenna has caused significant
adverse impacts to adjacent properties. The applicant shall
pay all appropriate fees for any application for extension of
the permit.
2. Building permits are required for this antenna. The applicant
shall comply with all recommendations and requirements, if
any, of the Division of Building and Safety.
3. No modification or addition to the existing antenna shall be
made without prior approval by the City. The Director of
Environmental Services shall review any such modifications and
either approve the modification or refer it to the Planning
Commission.
4. Prior 'to adoption of this resolution, the applicant shall
submit payment of penalty fees (based on fees effective at the
time of submittal of the application) for installation of the
antenna prior to approval by the City.
5. Within five (5) days of adoption of this resolution, the
applicant shall establish a trust deposit in an amount to be
determined by the Director of Environmental Services to cover
the costs of noticing all property owners located within five
hundred (500) feet of the subject property that transmission
has been initiated and that review of the application will
occur in six months. If the trust deposit has not been
established within five (5) days of adoption of this
resolution, this approval shall become null and v6id.
6. The applicant shall be required to obtain a City business
license prior to any radio transmission from the subject
property.
7. Failure to comply with any of the conditions of approval
contained in this exhibit shall render this approval null and
void.
P.C. Resolution No. 92-59
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