PC RES 1993-009P.C. RESOLUTION NO. 93-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A FIVE
YEAR EXTENSION TO CONDITIONAL USE PERMIT NO.
171 TO ALLOW THE CONTINUED USE OF A 19 FOOT
HIGH ANTENNA FOR COMMERCIAL PURPOSES IN A
RESIDENTIAL ZONING DISTRICT ON PROPERTY
LOCATED AT 30057 MATISSE.
WHEREAS, on September 22, 1992, the Planning Commission of the
City of Rancho Palos Verdes conditionally approved Conditional Use
Permit No. 171 for a trial period of six months, during which time
no complaints or comments regarding the use were received by the
City; and
WHEREAS, on March 11, 1993, the applicant submitted a letter
requesting approval to extend Conditional Use Permit No. 171 for a
period of five years.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: 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 2: 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 3: 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. Additionally, during the
initial six month trial period beginning October 15, 1992, no
comments or complaints resulting from radio or television
interference were received by the City. However, conditions of
approval have been incorporated into this extension which require
evaluation of the use if valid complaints about the antenna or
interference resulting from its operation are received by the City.
Section 4: 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 5: That safeguards, other
use subject to valid complaints regarding
antenna, are not required to protect the
general welfare because the antenna is not
properties and the use of the antenna will
vehicular trips.
•
than evaluation of the
the operation of the
health, safety, and
visible from adjacent
not require excessive
Section 6: 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 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 7: For the foregoing reasons and based on the
information and findings included in the Staff Report and records
of the proceedings, the Planning Commission of the City of Rancho
Palos Verdes hereby approves a five (5) year extension to
Conditional Use Permit No. 171 to allow the continued 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 13th day of April, 1993.
CarolynPetru, Acting Director of
Environmental Services and
Secretary to the Commission
Robert Katherman
Chairman
P.C. Resolution No. 93- 9.
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EXHIBIT "All
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 171 - EXTENSION
30057 MATISSE DRIVE
1. This approval shall be valid for a period of five (5) years.
At the end of the five (5) year period, the permit may be
extended upon written request to the City and subject to the
review and approval by the Planning Commission. The request
for extension must be submitted to the City prior to the
expiration date of this permit. However, the permit shall be
subject to re-evaluation by the Planning Commission upon the
sale or transfer of the property, or if the City receives
valid complaints about the antenna or interference to radio,
television, or other electronic equipment resulting from the
operation of the antenna. 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 this permit.
2. 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 the matter to the
Planning Commission.
3. The applicant shall be required to obtain and maintain a City
business license for each year that the antenna is in
operation.
P.C. Resolution No. 93-9 .
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