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PC RES 1997-075P.C. RESOLUTION NO. 97-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 192 -REVISION 'A', THEREBY APPROVING THE CO -LOCATION OF SIX (6) NEW PERSONAL COMMUNICATIONS SYSTEMS (PCS) PANEL ANTENNAE FOR SPRINT PCS AT THE 42 -FOOT LEVEL OF THE EXISTING, 77 -FOOT -TALL CONCRETE MONOPOLE AND ANTENNAE AT CALIFORNIA WATER SERVICE COMPANY, LOCATED AT 5837 CREST ROAD WHEREAS, on January 14, 1997, the Planning Commission adopted P.C. Resolution No 97-07, approving the application for Conditional Use Permit No. 192 by Pacific Bell Mobile Services (PBMS) to relocate and replace an existing monopole at California Water Service Company's (CWSC) Crest Road facility, and install three (3) personal communications systems (PCS) panel antenna, a new whip antenna and ground - mounted support equipment, with a condition requiring PBMS and CWSC to cooperate in future requests for co -location of additional wireless communications facilities on the monopole and site, and, WHEREAS, on October 13, 1997, the applicant, Sprint PCS, submitted an application for Conditional Use Permit No 192 -Revision 'A' to allow the co -location of six (6) additional PCS antennae and ground -mounted support equipment on the CWSC monopole and site, and, WHEREAS, on November 19, 1997, the application for Conditional Use Permit No. 192 -Revision 'A' was deemed complete by Staff; 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 -Revision 'A' would have a significant effect on the environment and, therefore, the proposed project 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 December 9, 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: The site 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 60.050] to adjust said use to those on abutting land and within the neighborhood because the location of the proposed antennae and equipment complies with the development standards of the RS -4 district, the existing monopole meets the minimum setback standards under RPVDC Section 17 76 020(A)(2); adequate off-street parking for the antenna facility is provided in compliance with RPVDC Section 17 76 020(A)(7); and fencing and landscaping to screen the antennae and equipment will be provided in compliance with RPVDC Section 17 76 020(A)(8). Section 2: The site for the proposed use relates to streets and highways sufficient 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: 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 antennae will be mounted lower than the existing antennae on the monopole; Staff analysis of the view impacts of the new antennae have revealed that there will be no significant impairment of public or private views as a result of the co -location of the additional antennae; and the antennae, monopole and related equipment will be screened by planting additional "background" foliage, painting the new antennae to match the existing antennae and monopole, and extending the existing, 6 -foot -tall solid wood fence around the new ground -mounted support equipment 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 California Water Service Company, the underlying land use designation of Residential, 2-4 DU/acre, and the surrounding single-family residential neighborhoods Section 5: The site of the proposed use is not within any of the overlay control districts established by Chapter 17 40 (Overlay Control Districts of this tale [Title 17 "Zoning"], so there is no need to ensure that the proposed use complies with the requirements of that chapter P C Resolution No 97-75 Page 2 of 6 Section 6: Conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed [including but not limited to] setbacks and buffers, fences or walls, lighting, vehicular ingress and egress, noise, vibration, odors and similar emissions, landscaping; maintenance of structures, grounds or signs; service roads or alleys, and such other conditions as will make possible development of the City is an orderly and efficient manner and in conformity with the intent and purposes set forth in this title [Title 17 "Zoning"] 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 60 060 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 December 9, 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 192 -Revision 'A', thereby approving the co -location of six (6) new personal communications systems (PCS) panel antennae for Sprint PCS at the 42 foot level of the existing, 77 -foot -tall concrete monopole and antennae at California Water Service Company, 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 97-75 Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 9th day of December 1997, by the following vote AYES Chairman Vannorsdall, Commissioners Alberio, Cartwright, Clark, Ng and Slayden NOES none ABSTENTIONS none ABSENT Vice Chairman Whiteneck Carolynn Pe u, AICP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission �nn2 Donald E. Vann all Chairman PC Resolution No 97-75 Page 4of6 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 192 -REVISION 'A' (5837 Crest Road) A. General Conditions: Within ninety (90) 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 the co -location of six (6) PCS panel antennae on an existing 77 foot -tall monopole and antennae, plus ground -mounted base transceiver station (BTS) cabinets, other support equipment, and required fencing and landscape screening The maximum height of the new PCS panel antennae is forty-two feet (42'0") above grade Any change shall require approval of an amendment to Conditional Use Permit No 192 - Revision "A" 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 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 one hundred eighty (180) days of the effective date of this Resolution, or if construction has not been completed within one hundred eighty (180) days of the issuance of building permits, approval of the protect 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 P C Resolution No 97-75 Page 5 of 6 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 November 19, 1997, labelled "Proposed PCS Facility, 5837 Crest Road, Rancho Palos Verdes, CA 90275, t.A366 A," prepared for Cox Communications by Booth & Suarez, and dated November 12, 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 Unless otherwise modified by these conditions, all conditions of approval for Conditional Use Permit No 192, as adopted by the Planning Commission on January 14, 1997 as P C. Resolution No 97-07, remain in effect and valid B. Prior to Building Permit issuance: 10. Pursuant to Section 17 76 020(A)(4)(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: 11 The new antennae shall be painted to match the existing antennae and monopole 12. Two (2), 24 -inch -box red ironbark (Eucalyptus sideroxylon) or similar trees shall be planted adjacent to and behind the monopole for visual screening, in accordance with the landscape plan submitted to the City on November 19, 1997 Four (4), 5 -gallon pink India hawthoms (Rhaphiolepts indica) shall be planted within the new planter M \USERS\KITF\WPWIN60\PROJECTS\CUP192RA\CUP192RA RES P.C. Resolution No 97-75 Page 6 of 6