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PC RES 1999-031P.C. RESOLUTION NO. 99-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 201, COASTAL PERMIT NO. 138 - REVISION A, AND GRADING PERMIT NO. 2125 FOR AN UNMANNED CELLULAR ANTENNAE FACILITY INCLUDING A 35' HIGH CROSS/ANTENNAE STRUCTURE AND AN EQUIPMENT STORAGE AREA, LOCATED AT THE ST. PETER'S BY THE SEA CHURCH, 6412 PALOS VERDES DRIVE SOUTH WHEREAS, on December 16, 1998, the applicants, Nextel Communications and Airtouch Cellular, submitted an application for Conditional Use Permit No 201, Coastal Permit No. 138 — Revision A, and Grading Permit No 2125, to allow a new cellular antennae facility consisting of a 35' high cross and equipment storage area at St. Peter's by the Sea Church, 6412 Palos Verdes Drive South; 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), this project is categorically exempt from CEQA per Section 15303, Class 3, 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 September 14, 1999, 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 the proposed use as the subject property is 138,750 square feet is size, and the proposed project will be located within an area of the site that is already developed with an existing 25' high cross. In addition, the antennae and associated equipment will be located more than 80 feet away from the nearest residence to the south and the placement of the antennae and equipment would not alter or interfere with the existing use of the site as a church. 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 although maintenance vehicles will occasionally visit the site to service the antennas and equipment, the project will not result in a significant increase in vehicular trips to and from the site, and therefore will not result in any measurable change to the existing level of service on Palos Verdes Drive South. Section 3: In approving the subject use at the specific location, there will not be a significant adverse effect on adjacent property or the permitted use thereof because the proposed antennae is located at the rear of the subject site amongst some existing trees, with only the upper portion of the cross exposed to those traveling along Palos Verdes Drive South Additionally, due to the large distance between the proposed antennae structure and the existing neighboring residential properties, there will be no aesthetic impacts to the surrounding neighborhood Section 4: The proposed use is not contrary to the General Plan because the project has been designed to be consistent with the goals and policies of the General Plan, including "It is the goal of the City of Rancho Palos Verdes to preserve and enhance the community's quality living environment, to enhance the visual character and physical quality of existing neighborhoods. ", and, "It is the policy of the City to develop controls to preserve existing significant visual aspects from future disruption or degradation"; and, "It is the policy of the City to enhance views and vistas where appropriate through various visual accents"; and, "It is the goal of the City of Rancho Palos Verdes to provide for land uses which will be sensitive to and enhance the natural environment and character of the community " Section 5. That although the site is located within the Socio -cultural and Urban Appearance Overlay Control Districts, the project is consistent with all of the criteria used to govern property within these Districts Section 6: In providing certain requirements for landscape screening of the equipment area and that the cross structure is painted a color to match the surrounding buildings, the project will provide the minimum necessary safeguards to protect the health, safety and general welfare Section 7: The proposed development is in conformance with the coastal specific plan, because within the coastal specific plan there are planning and design guidelines whose purpose "is to insure that areas between developments and at the interface between private and public areas are planned, designed, and appropriately developed with compatible uses and landscape treatments" Further, one of the structural design guidelines indicates, "No external masted antennas of any type should be permitted on any structure" The proposed antennae is not considered to be "masted antennae", since it is incorporated into a cross structure which blends into the architectural design and use of the church site Additionally, it will not create an aesthetic or visual impact, which is what this guideline is intended to eliminate Section 8: Since the subject site is not located between the sea and the first public road, the second finding required for approval of a Coastal Permit, "the proposed development, when located between the sea and the first public road, is in conformance with applicable public access and recreation policies of the Coastal Act", is not applicable to this project. P C Resolution No 99-31 Page 2 of 5 Section 9: The project is consistent with the criteria used to evaluate the Grading Permit because: the grading does not exceed that which is necessary for the permitted primary use of the lot as the proposed 42 cubic yards of grading is relatively minor for this large site; and, the grading does not significantly adversely affect the visual relationships with nor the views from neighboring properties as the proposed grading for the equipment area is located at the rear of the property and the equipment area will be screened by landscaping; and, the grading minimizes disturbance to the natural contours and the finished contours will be reasonably natural; and, the grading takes into account the preservation of natural topographic features and appearances by the way that the slopes around the equipment area will be finished; and, the grading will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat as the proposed grading will only affect areas that have already been developed; and, that although the grading will occur on a small portion of a slope greater than 35%, the lot has been in existence since November 25, 1975, and the minor amount of grading will not threaten the public health, safety and welfare; and there will be no new slopes created greater than 35%, nor will there be a fill or cut exceeding a depth of five feet; or a fill or cut on a slope exceeding 50% as there are no existing slopes greater than 50%; and the proposed maximum 7.1' variable height retaining wall is below the maximum allowable 8' high upslope retaining wall height. Section 10: The proposed project is consistent with the "Wireless Communications Antenna Development Guidelines" because the project's application was processed as expeditiously as possible, the antennae site is not located on a single-family structure, the project is a co-location effort, the project does not significantly impair a view, the project does not benefit the wireless communications service providers at the expense to the general public, the applicants have submitted a Network Master Plan, constructed a temporary silhouette frame, submitted a photographic simulation, the project is conditioned to require the applicant to submit periodic updates on wireless communications technology, and the support equipment will be screened with landscaping. Section 11: 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 September 14, 1999, the date of the Planning Commission's final action. Section 12: 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. 201, Coastal Permit No. 138 — Revision A, and Grading Permit No. 2125, thereby approving the installation of an unmanned cellular antennae facility, including a 35' high cross/antennae structure and an equipment area, at St. Peter's by the Sea Church, 6412 P.C. Resolution No. 99- 31 Page 3 of 5 111P 410 Palos Verdes Drive South, subject to the conditions of approval contained in the attached Exhibit "A" which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED this 14th day of September 1999, by the following vote: AYES: Alberio , Cartwright , Clark, Lyon, Paris , and Vannorsdall NOES: NONE ABSTENTIONS: NONE ABSENT: Slayden • tc fart on S. Cartwright Chairman Joel Rujas, AICP Direct. of Planning, B ildi►g and Code ' nforcement; and, ecretary • e Planning Commission P.C. Resolution No. 99- 31 Page 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 201 COASTAL PERMIT NO. 138 — REV. A GRADING PERMIT NO. 2125 6412 PALOS VERDES DRIVE SOUTH 1. Prior to the submittal of plans to building plan check, the applicants 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 of adoption of this Resolution shall render this approval null and void. 2. All construction shall be completed in substantial conformance to the plans approved by the Planning Commission on September 14, 1999. 3. This approval is for a 35' high cross/cellular antennae structure, and grading of 42 cubic yards (35 cubic yards cut and 7 cubic yards fill) with a varying height retaining wall up to 7.1' high to house an equipment storage area. 4. The antennae and all supporting equipment shall be painted to match the colors of the existing church building and/or surrounding landscaping or other structures. Prior to issuance of a building permit final inspection, the applicant shall obtain approval from the Director of Planning, Building and Code Enforcement to ensure that the antennae and all supporting equipment are painted a color to match surrounding landscaping and/or structures. 5. Prior to issuance of building permits, the applicant shall comply with all recommendations and requirements of the Division of Building and Safety. 6. Prior to issuance of a building permit final inspection, the applicant shall obtain approval from the Director of Planning, Building and Code Enforcement for the installation of landscaping and/or other screening in the equipment area. The applicants shall be responsible for maintaining said landscape screening for the life of the project. 7. The applicants shall submit periodic updates on wireless communications technology for their respective systems to the Director of Planning, Building and Code Enforcement. The purpose of these updates is to identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure could be replaced or removed. The frequency of these updates shall be every 3 years to 5 years or as needed, to be determined by the Director. P.C. Resolution No. 99- 31 Page 5 of 5