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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. Page 2 of 3 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 . Page 3 of 3