PC RES 1998-022P.C. RESOLUTION NO. 98-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES GRANTING A 10 -YEAR
EXTENSION OF THE APPROVAL OF CONDITIONAL USE
PERMIT NO. 171 FOR A 19 -FOOT -TALL COMMERCIAL
ANTENNA ATTACHED TO THE REAR OF A SINGLE-
FAMILY RESIDENCE IN THE MONACO COMMUNITY,
LOCATED AT 30057 MATISSE DRIVE
WHEREAS, on September 22, 1992, the Planning Commission adopted P C
Resolution No 92-59, approving the application for Conditional Use Permit No. 171 by the
applicant, Vessel Assist Association of America, Inc (VARA), to install and operate a 19 -
foot -tall commercial antenna on the rear of a single-family residence in the Monaco
community for a 6 -month trial period; and,
WHEREAS, on April 13, 1993, the Planning Commission adopted P C Resolution
No. 93-09, granting a 5 -year extension of Conditional Use Permit No 171 to VAAA, based
upon a lack of any complaints from the neighborhood during the 6 -month trial period; and,
WHEREAS, on April 2, 1998, and prior to the expiration of Conditional Use Permit
No 171, VAAA submitted a request for an additional 5 -year extension of the permit; and,
WHEREAS, on April 7, 1998, the request for the extension of Conditional Use
Permit No 171 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 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 171 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, the Planning Commission held a public meeting on May 26, 1998, to
consider the request for an extension of Conditional Use Permit No. 171, at which time all
interested parties were given an opportunity to be heard and present evidence
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
i
location of the existing antenna complies with the development standards of the RS -2
district, and adequate parking for the antenna facility is provided in compliance with
RPVDC Section 17 76 020(A)(7)
Section 2: The site for the existing 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 Hawthorne Boulevard and Crest Road, which are mayor arterial roadways, the
existing use generates negligible additional trips to and from the site, and there is no
adverse effect upon existing levels of service for abutting public streets (Matisse Drive) or
nearby intersections (Hawthorne Boulevard/Crest Road)
Section 3: In extending the approval of the subject use at the specific location,
there will be no significant adverse effect on adjacent property or the permitted use thereof
because no interference problems were reported to the City during the initial 6 -month trial
period or the first 5 -year extension for this permit approval, and, since no change in the
operation of the antenna is proposed, the City anticipates no interference impacts as a
result of the further extension of this permit
Section 4: The existing use is not contrary to the General Plan because, as
proposed and conditioned, the protect 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
primary use of the site as a single-family residence, the underlying land use designation
of Residential, 1-2 DU/acre, and the surrounding single-family residential neighborhood
Section 5: The site of the existing 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'
P C Resolution No 98-22
Page 2 of 5
Section 7: The extension of the approval of this permit is consistent with the City's
Wireless Communications Antenna Development Guidelines because the existing antenna
is clearly ancillary to the primary use of the site as a single-family residence, it has no
impact upon view corridors because it is mounted flush with the rear of the house and does
not extend higher than the eave line, the service provided by the antenna is an aid to
navigation and public safety; and the existing antenna is nearly indiscernible as it is
currently mounted to the house
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 May 26, 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 grants a 10 -year extension of the
approval of Conditional Use Permit No 171 for a 19-foot4all commercial antenna attached
to the rear of a single-family residence in the Monaco community, located at 30057
Matisse Drive, 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, and thereby setting an expiration date of April 13, 2008
P C Resolution No 98-22
Page 3 of 5
PASSED, APPROVED, AND ADOPTED this 26th day of May 1998, by the following vote*
AYES Vice Chairman Cartwright, Commissioners Alberio, Lyon, Paris,
Slayden and Vannorsdall
NOES none
ABSTENTIONS: none
ABSENT Chairman Clark
Joel oj+, AICP
Acti g Di ector of P a ing, Building
and o Enforcement, and, Secretary
to the Planning Commission
�Al�
on S Cartwright
Vice Chairman
P C Resolution No 98-22
Page 4 of 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 171 -EXTENSION
(30057 Matisse Drive)
1 This approval shall be valid for a period of ten (10) years, or until April 13, 2008.
At or prior to the end of the 10 -year period, the permit may be extended upon
written request to the City, and subject to the review and approval of the Planning
Commission. The request for extension of this permit must be submitted on or prior
to the expiration date listed above 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 form 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 surrounding properties
However, prior to imposing additional conditions or revoking the permit, the
Planning Commission shall conduct a duly -noticed public hearing in conformance
with the requirements of the Development Code. The applicant shall pay all
appropriate fees for any application to extend this permit.
2 Unless otherwise modified by these conditions, all conditions of approval for
Conditional Use Permit No. 171, as originally adopted by the Planning Commission
on September 22, 1992, as P C. Resolution No 92-59, and extended by the
Planning Commission on April 13, 1993 as P.C. Resolution No. 93-09, remain
unchanged, in effect and valid.
3 No modification or addition to the existing antenna or its use shall be made without
prior approval by the City The Director of Planning, Building and Code
Enforcement shall review any such modification(s) and either approve the
modification(s) or refer the matter to the Planning Commission for review
4. The applicant, Vessel Assist Association of America, Inc (VAAA), shall be required
to obtain and maintain a valid City business license for each and every year that the
antenna is in place and in operation on the subject property
M \USERS\KITF\WPWIN60\PROJECTS\CUP171EX\CUP171EX RES
P C Resolution No 98-22
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