PC RES 1998-009P.C. RESOLUTION NO. 98-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 193 -REVISION 'A' AND
MINOR EXCEPTION PERMIT NO. 528, THEREBY
APPROVING THE CO -LOCATION OF TWO (2) NEW
ENHANCED SPECIALIZED MOBILE RADIO (ESMR) PANEL
ANTENNAE FOR NEXTEL INSIDE AN EXISTING, 38 -FOOT -
TALL CROSS AND A 20 -PERCENT REDUCTION IN THE 10 -
FOOT SIDE -YARD SETBACK FOR AN UNDERGROUND
EQUIPMENT VAULT AT ST. PAUL'S LUTHERAN CHURCH,
LOCATED AT 31290 PALOS VERDES DRIVE WEST
WHEREAS, on April 8, 1997, the Planning Commission adopted P C Resolution
No 97-18, approving the application for Conditional Use Permit No 193 by Pacific Bell
Mobile Services (PBMS) to install two (2) personal communications systems (PCS) panel
antenna inside a new, 38 -foot -tall cross at St. Paul's Lutheran Church, subject to the
provisions of the Rancho Palos Verdes Development Code requiring PBMS and St. Paul's
Lutheran Church to cooperate in future requests for co -location of additional wireless
communications facilities on the site, and,
WHEREAS, on October 13, 1997 and January 28, 1998, the applicant, Nextel,
submitted applications for Conditional Use Permit No 193 -Revision 'A' and Minor
Exception Permit No 528 to allow the co -location of two (2) enhanced specialized mobile
radio (ESMR) panel antennae inside the existing cross and the installation of an
underground equipment vault which will encroach into the southerly side -yard setback of
the St. Paul's Lutheran Church site, and,
WHEREAS, on January 29, 1998, the applications for Conditional Use Permit
No 193-Revision'A' and Minor Exception Permit No 528 were 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 Regulations, 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 -Revision 'A' and
Minor Exception Permit No 528 would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Class 1,
Section 15301(a)), 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 February 24, 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 1 [Institutional] zoning district, with the exception of a portion of the
underground equipment vault; adequate parking for the antenna facility is provided in
compliance with RPVDC Section 17 76 020(A)(7); and screening for 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 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 (Palos Verdes
Drive West) or nearby intersections (Hawthorne Boulevard/Palos Verdes Drive West).
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 concealed inside the existing cross, 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 and related equipment will be screened by concealment of the antennae inside
the cross, additional landscape screening around the above -ground compressor unit, and
the placement of all other support equipment in an underground vault.
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 residential neighborhood
P C Resolution No 98-09
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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 title [Title 17
"Zoning"], so there is no need to ensure that the proposed use complies with the
requirements of that chapter.
Section 6: Conditions regarding any of the requirements listed in RPVDC Section
17 60 050(A)(6), 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 in an orderly and efficient manner and in conformity with the intent
and purposes set forth in this title [Title 17 "Zoning"], as described in the conditions of
approval of the attached Exhibit'A'
Section 7: The requested minor exception is warranted by practical difficulties
resulting from the close proximity of the underground equipment vault to the structural
foundation of the existing sanctuary building on the site
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 17.60 060 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 February 24,
1998, 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 191 -Revision 'A', thereby approving the co -location of two (2) new enhanced
specialized mobile radio (ESMR) panel antennae for Nextel inside an existing, 38 -foot -tall
cross and a 20 -percent reduction in the 10 -foot side -yard setback for an underground
equipment vault at St. Paul's Lutheran Church, 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
INIFV
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PASSED, APPROVED, AND ADOPTED this 24th day of February 1998, by the following
vote
AYES: Chairman Clark, Vice Chair Cartwright, Commissioners Alberio,
Paris, Slayden and Vannorsdall
NOES. none
ABSTENTIONS. none
ABSENT: Commissioner Lyon
�-
J el j a s,—AicP'
AWo(g Director of PIQrning, Building
and Code Enforcement; and, Secretary
to the Planning Commission
Lawrence E. Clark
Chairman
P.0 Resolution No 98-o9
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EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 193 -REVISION 'A'
AND MINOR EXCEPTION PERMIT NO. 528
(31290 Palos Verdes Drive West)
A. General Conditions:
Prior to the submittal of plans into Building and Safety plan check, 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 within ninety (90) days following adoption of this Resolution shall
render this approval null and void
2 This approval is for the co -location of two (2) enhanced specialized mobile
radio (ESMR) panel antennae inside the existing 38 -foot -tall cross at St
Paul's Lutheran Church, plus ground -mounted and underground support
equipment The panel antennae shall be completely concealed within the
existing cross. There shall be no change in the height or appearance of the
cross The underground equipment vault shall be located at least eight feet
(60") from the southerly side property line. Any substantial change shall
require approval of an amendment to Conditional Use Permit No 193 -
Revision 'A' and Minor Exception Permit No 528 by the Planning
Commission and shall require a new and separate environmental review
3 All protect 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 ESMR 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 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
P C Resolution No 98-09
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conditional use permit and minor exception 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 28, 1998, entitled "Nextel Communications, Site Number 0048,
Pointe Vicente, St. Paul's Lutheran Church, 31290 Palos Verdes Dr West,
R. Palos Verdes, CA 90275," prepared for Nextel Communications by
Crouse, Beers & Associates, and dated December 31, 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 193, as adopted by the Planning Commission on
April 8, 1997 as P.C. Resolution No. 97-18, remain unchanged, in effect and
valid
B. Prior to Building Permit issuance:
10 Pursuant to Section 17 76 020(A){4}{c} of the City's Development Code, the
applicant and landowner shall agree, in writing, to cooperate in possible
future co -location of additional PGS 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.
Copies of said agreements shall be provided to the City
C. Prior to Building Permit final:
11 At least two (2) 15 -gallon shrubs shall be planted adjacent to the above-
ground compressor unit for visual screening
M \USERS\KITF\WPWIN60\PROJECTS\CUP193RA\CUP193RA RES
P.0 Resolution No 98-09
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