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PC RES 1997-018r P.C. RESOLUTION NO. 97-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 193, THEREBY APPROVING THE RELOCATION AND REPLACEMENT OF AN EXISTING, 22% -FOOT -HIGH CROSS AT ST. PAUL'S LUTHERAN CHURCH WITH A NEW, 38 -FOOT -HIGH CROSS "MONOPOLE" CARRYING TWO (2) NEW CROSS -POLAR PERSONAL COMMUNICATIONS SYSTEMS (PCS) PANEL ANTENNAE FOR PACIFIC BELL MOBILE SERVICES, LOCATED AT 31290 PALOS VERDES DRIVE WEST WHEREAS, on September 20, 1996, the applicant, Pacific Bell Mobile Services, submitted an application for Conditional Use Permit No 193 to allow a personal communications systems (PCS) facility consisting of a 47"/Z -foot -high cross "monopole" with two (2), concealed cross -polar panel antennae and two (2) ground -mounted base transceiver station (BTS) cabinets to be located adjacent to the sanctuary building at St. Paul's Lutheran Church on Palos Verdes Drive West, 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 193 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303(e)); 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 April 8, 1997, at which time all interested parties were given an opportunity to be heard and present evidence •! i!i i i � f i i i Section 1: 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 56 060] 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 i (Institutional) district, with the exception of one arm of the cross which encroaches into the 25 -foot front -yard setback requirement pursuant to Minor Exception Permit No 510, the location of the cross "monopole" meets the minimum 25 -foot property -line setback required for unguyed monopoles under RPVDC Section 17 41 030(B), adequate off-street parking for the antenna facility is provided in compliance with RPVDC Section 17 41 080, and landscaping to screen the structures and equipment will be provided in compliance with RPVDC Section 17.41 090 Section Z: 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 Palos Verdes Drive West, 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 or nearby intersections Section 3: 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 Staff is recommending that the proposed cross "monopole" be limited to thirty-eight feet (38'0") in height so that it will be more fully screened from view from nearby residences by the existing sanctuary building, and will be in better aesthetic proportion to the height of the sanctuary building so as not to create significant, adverse 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 and increased height of the cross "monopole'; the ground -mounted support equipment will be screened by planting additional foliage, and the final lighting design for illuminating the cross "monopole" will be subject to the review and approval of the Director of Planning, Building and Code Enforcement. Section 4: 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 St Paul's Lutheran Church, the underlying land use designation of Institutional, and the adjacent single-family residential neighborhood. Section 5: In providing certain requirements for special setbacks and additional screening through the use of "camouflage" design 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 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 P C Resolution No 97-18 Page 2 of 7 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: 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, and the proposed tower cannot be 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"] because the non- availability of nearby, alternative sites and 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: 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 April 8, 1997, the date of the Planning Commission's final action Section 8: 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 193, thereby approving the relocation and replacement of an existing, 22'/ -foot -high cross at St. Paul's Lutheran Church with a new, 38 -foot -high cross "monopole" carrying two (2) new cross -polar personal communications systems (PCS) panel antennae for Pacific Bell Mobile Services, located at 31290 Palos Verdes Drive West, 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 97-18 Page 3of7 PASSED, APPROVED, AND ADOPTED this 8th day of April 1997, by the following vote: AYES: Commi ssi oners Al beri o, Cartwright, Clark, Sl ayden, Vice Chairman Whiteneck, Chairman Vannorsdall . NOES: ABSTENTIONS: ABSENT: Commissioner Ng. r-#74/, Donald E. Vannorsdall Chairman Carolynn tru Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 97- 18 Page 4 of 7 EXHIBIT'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 193 (31290 Palos Verdes Drive West) 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 38 -foot -high cross "monopole" with two (2), concealed cross -polar PCS panel antennae, plus two (2), ground -mounted base transceiver station (BTS) cabinets and required landscape screening. The maximum height of the cross "monopole" is thirty-eight feet (38'0") above grade The minimum distance from the base of the cross "monopole" to any property line is twenty-five feet (260"), except that one arm of the cross may extend to twenty feet (290") from the front property line in conformance with the conditions of approval of Minor Exception Permit No 510 as approved by the Director of Planning, Building and Code Enforcement on March 3, 1997. The cross "monopole" shall have a white, stucco finish Any change shall require approval of a revision to Conditional Use Permit No 193 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 I (Institutional) district development standards of the City's Municipal Code 4) Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter 5) 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 P C. Resolution No 97-18 Page 5 of 7 Commission Otherwise, a conditional use permit revision must be approved prior to further development. 6) 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. 7) Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans submitted to the City on January 15, 1997. 8) The hours of construction shall be limited to 7.00 AM to 7.00 PM, Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 9) The cross "monopole" may be externally illuminated by a maximum of two (2) floodlight fixtures mounted on the ground at its base. The floodlight fixtures shall be screened from view by landscaping The floodlights shall be aimed so as to illuminate the cross "monopole" only, and not to create light, glare or other objectionable or obtrusive conditions for surrounding residential properties or motorists and pedestrians on adjacent public or private rights- of-way 10) The applicant shall obtain all applicable building and electrical permits from the Building and Safety Division for the construction of the cross "monopole" and the installation of the floodlight fixtures B. Prior to Building Permit issuance: 11) 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 12) Notwithstanding the plans submitted to the City on January 15, 1997, the maximum height of the cross "monopole" shall be thirty-eight feet (38'0"). P C Resolution No 97-18 Page 6 of 7 Any necessary revisions to the design of the cross to accommodate this height shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement However, no change in the location of the cross or any increased encroachment into the front -yard setback area will be permitted without a formal revision to this approval C. Prior to Building Permit final: 13) At least four (4), 15 -gallon shrubs shall be planted adjacent to the BTS cabinets and other ground -mounted equipment for visual screening, in accordance with the plans submitted to the City on January 15, 1997 All landscape materials shall be maintained in a neat and thriving condition. 14) Within thirty (30) days after the installation and activation of any lighting for the cross "monopole," the Director of Planning, Building and Code Enforcement shall inspect the site to determine if the lighting is excessively brilliant or obtrusive If necessary, the Director may require the dimming and/or realignment of the light fixtures to correct any objectionable conditions The final approval of the cross "monopole" shall not occur until after this 30 -day inspection period is complete and any necessary corrections are made by the applicant M XUSERS\KJTF1WPWiN60\PROJECTSICUP193\CUP193 RES P C Resolution No. 97-18 Page 7 of 7