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PC RES 1997-007P.C. RESOLUTION NO. 97-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 192, THEREBY APPROVING THE RELOCATION AND REPLACEMENT OF AN EXISTING, 54 -FOOT -HIGH WOOD MONOPOLE AND 12 - FOOT -HIGH WHIP ANTENNA WITH AN OVERALL HEIGHT OF SIXTY-SIX FEET (66'0") WITH A NEW, 50 -FOOT -HIGH CONCRETE MONOPOLE CARRYING THREE (3) NEW CROSS -POLAR PERSONAL COMMUNICATIONS SYSTEMS (PCS) PANEL ANTENNAE FOR PACIFIC BELL MOBILE SERVICES AT THE 50 -FOOT LEVEL; AND A 15 -FOOT - HIGH MAST CARRYING ONE (1) EXISTING AND ONE (1) NEW 12 -FOOT -HIGH WHIP ANTENNA FOR CALIFORNIA WATER SERVICE COMPANY AT THE 53 -FOOT AND 65 - FOOT LEVELS, FOR AN OVERALL HEIGHT OF SEVENTY- SEVEN FEET (77'0"), LOCATED AT 5837 CREST ROAD WHEREAS, on May 31, 1996, the applicant, Pacific Bell Mobile Services, submitted an application for Conditional Use Permit No. 192 to allow a personal communications systems (PCS) facility consisting of a 50 -foot -high monopole with three (3) panel antennae and two (2) 12 -foot -high whip antennae and two (2) ground -mounted base transceiver station (BTS) cabinets to be located adjacent to the office/maintenance building at California Water Service Company's facility on Crest Road, 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 Regulation, Title 14, Section 15000 et seq , the City's Local CEQA Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit No 192 would have a significant effect on the environment and, therefore, the proposed protect has been found to be categorically exempt (Class 1, Section 15301(b)), and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 8, November 12 and December 10, 1996, and January 14, 1997, 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 site for the intended use is adequate in size and shape to accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and other features required by this title [Title 17 "Zoning"] or by conditions imposed under this section [Section 17 56 0601 to adjust said use to those on abutting land and within the neighborhood because the location of the proposed structures and equipment complies with the development standards of the RS -4 district; the location of the monopole exceeds the minimum 25 foot setback required under RPVDC Section 17.41.030(6), adequate off- street parking for the antenna facility is provided in compliance with RPVDC Section 17 41 080, and fencing and landscaping to screen the structures and equipment will be provided in compliance with RPVDC Section 17.41.090. Section 2: That the site for the proposed use relates to streets and highways properly designed to carry the type and quantity of traffic generated by the subject use because the site is served by Crest Road, which is a major arterial roadway, the proposed use will generate negligible additional trips to and from the site; and there will be no adverse effect upon existing levels of service for abutting public streets (Crest Road and Scotwood Drive) or nearby intersections (Crest Road/Highridge Road and Crest Road/Whitley Collins Drive) Section 3: 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 because the proposed monopole, although eleven feet (11'0") taller overall than the existing monopole it will replace, has a very slender profile which does not create significant, additional visual impacts, Staff analysis of the view impacts of the new monopole have revealed that there will be no significant impairment of public or private views as a result of the relocation of the monopole, and the monopole and related equipment will be screened by planting additional "foreground" foliage, painting the monopole to blend in with the "background" foliage and sky, and constructing a fence around the ground -mounted equipment Section 4: 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 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", and is consistent with the existing use of the site by California Water Service Company, the underlying land use designation of Residential, 2-4 DU/acre, and the surrounding single-family residential neighborhoods Section 5: That, in providing certain requirements for special setbacks and additional screening through the use of fencing, painting and landscaping, the project will provide the minimum necessary safeguards to protect the health, safety and general welfare because the exposure of the general public to any potential health hazards related to the operation of the PCS antennae will be at a level which is less than one twelve - hundredth (1/1200) of the Federal standard for continuous safe exposure, the operation P C Resolution No 97-7 Page 2 of 6 of the facility will be licensed, monitored and regulated by the Federal Communications Commission (FCC) for compliance with maximum power output of the facility, the proposed facility complies with the City's development standards and special standards for commercial antennae, and the antennae and related structures and equipment will be screened so as not to significantly impair public or private views or create adverse visual impacts Section 6: That no existing or planned tower approved after the effective date of the ordinance codified in the Rancho Palos Verdes Municipal Code [Chapter 17.41 "Commercial Antennas"] can accommodate the applicant's proposed antenna and/or proposed service area because technical constraints upon the spacing and separation of carriers for PCS and other wireless communications systems require the proposed facility to be established at the subject site so as to best serve the coverage area in the City and on the Peninsula as a whole Section 7: That the proposed tower is located on the site of an existing tower approved after the effective date of the ordinance codified in the Rancho Palos Verdes Municipal Code [Chapter 17.41 "Commercial Antennas"], and the relocation of the tower on the site reduces its potential impacts to surrounding properties. Section 8: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17.56.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following January 14, 1997, the date of the Planning Commission's final action. Section 9: 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 approves Conditional Use Permit No. 192, thereby approving the relocation and replacement of an existing, 54 -foot -high wood monopole and 12 -foot -high whip antenna with an overall height of sixty-six feet (660") with a new, 50 -foot -high concrete monopole carrying three (3) new cross -polar personal communications systems (PCS) panel antennae for Pacific Bell Mobile Services at the 50 -foot level, and a 15 -foot -high mast carrying one (1) existing and one (1) new 12 - foot -high whip antenna for California Water Service Company at the 53 -foot and 65 -foot levels, for an overall height of seventy-seven feet (77'0"), located at 5837 Crest Road, subject to the conditions contained in Exhibit'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area P C Resolution No 97-7 Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 14th day of January, 1997, by the following vote AYES Vice Chairman Vannorsdall, Commissioners Alberio, Cartwright, Ng, and Whiteneck NOES None ABSTENTIONS' None ABSENT. Chairman Clark Carolynn tru Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission Lawrence E Clark Chairman P C Resolution No 97- 7 Page 4 of 6 Ll 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 192 (5837 Crest Road) A. General Conditions: 1) Within thirty (30) days following adoption of this Resolution, 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 shall render this approval null and void. 2) This approval is for a 50 -foot -high monopole carrying three (3) cross -polar PCS panel antennae and two (2) 12 -foot -high whip antennae, plus two (2), ground -mounted base transceiver station (BTS) cabinets and required fencing and landscape screening. The maximum height of the monopole and PCS panel antennae is fifty feet (50'0") above grade, the maximum height of the tip of the lower whip antenna is sixty-five feet (660") above grade, and the maximum height of the tip of the upper whip antenna is seventy-seven feet (77'0") above grade. Any change shall require approval of a revision to Conditional Use Permit No. 192 by the Planning Commission and shall require a new and separate environmental review 3) All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS -4 district development standards of the City's Municipal Code Failure to comply with and adhere to all of these conditions of approval will be cause to revoke the approval of the project 4) If the PCS facility has not been established (i.e., building permits obtained) within two (2) years of the effective date of this Resolution, or if construction has not been completed within two (2) years of the issuance of building permits, approval of project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Planning Commission Otherwise, a conditional use permit revision must be approved prior to further development. 5) 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 P C Resolution No 97-7 Page 5of6 6) Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans submitted to the City on November 20, 1996 7) The hours of construction shall be limited to 7:00 AM to 7.00 PM, Monday through Saturday No construction shall be permuted on Sundays or on legal holidays B. Prior to Building Permit issuance: 8) Pursuant to Section 17 41.050(C) of the City's Municipal Code, the applicant and landowner shall agree, in writing, to cooperate in possible future co - location of additional PCS and other wireless communications facilities on this monopole. Under the terms of this agreement, the applicant and landowner shall be obligated to a) Respond in a timely, comprehensive manner to a request for information from a potential shared -use applicant, and b) Negotiate in good faith for shared use by third parties C. Prior to Building Permit final: 9) The monopole and antennae shall be painted to blend in with the background and foreground trees and foliage, in a color to be approved by the Director of Planning, Building and Code Enforcement. In the event that screening foliage is removed at some future date, the applicant shall repaint the monopole and antennae to blend in with the background sky, subject to the Director's review and approval 10) Two (2), 24 -inch -box white ironbark (Eucalyptus leucoxylon) or similar trees shall be planted in a raised planter adjacent to the monopole for visual screening, in accordance with the landscape plan submitted to the City on November 20, 1996 Four (4), 1 -gallon shore junipers (Junlperus conferta) shall be planted within the raised planter as ground cover. All landscape materials shall be maintained in a neat and thriving condition 11) Notwithstanding the plans submitted to the City on November 20, 1996, the two (2) BTS cabinets and other ground -mounted equipment shall be screened from view by a solid fence or wall not to exceed six feet (6'0") in height MIUSERSIKITF1WPWIN641PROJECTS\CUP1921CUP192 RES P C Resolution No 97-7 Page 6 of 6