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PC RES 2000-006 1 • 4 P.C. RESOLUTION NO. 2000-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 192 - REVISION "B" AND SITE PLAN REVIEW NO. 8596, THEREBY APPROVING THE RELOCATION AND REPLACEMENT OF AN EXISTING, 50- FOOT-TALL CONCRETE MONOPOLE WITH NINE ANTENNAE PANELS, AND A MAST AND WHIP ANTENNA MOUNTED AT THE TOP FOR A CURRENT OVERALL HEIGHT OF 77-FEET. THE NEW MONOPOLE STRUCTURE WILL BE A 68-FOOT-TALL STEEL MONOPOLE WITH MAST AND WHIP ANTENNA AT AN OVERALL HEIGHT OF 89-FEET, CARRYING SIX ADDITIONAL 4-FOOT HIGH ANTENNAE PANELS FOR A TOTAL OF 15 PANELS AND RELOCATED 11 FEET TO THE EAST OF THE EXISTING LOCATION, ON PROPERTY LOCATED AT 5837 CREST ROAD (CALIFORNIA WATER SERVICE COMP.). 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) antennae panels, a new whip antenna and ground mounted support equipment, with conditions; and, WHEREAS, on December 9, 1997, the Planning Commission adopted P.C. Resolution No. 97-75, approving the application for Conditional Use Permit No. 192 — Revision "A" by Sprint PCS to co-locate six (6) additional PCS antennae panels and ground mounted support equipment on the CWSC monopole and site; and, WHEREAS, on April 26, 1999, the applicant, AirTouch Cellular, submitted applications for Conditional Use Permit No. 192 - Revision "B" and to allow the relocation and replacement of the existing monopole, with a 62-foot high monopole and a mast and whip antenna on top for an overall height of 77-feet and 25-feet to the west of the existing pole, with related ground mounted equipment; and, WHEREAS, on October 7, 1999, the applications for Conditional Use Permit No. 192- Revision "B" and Site Plan Review No. 8596 were deemed complete by Staff; and, WHEREAS, on October 26, 1999, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission held a public hearing to consider Conditional Use Permit No. 192 - Revision "B" and Site Plan Review No. 8596, at which time all interested parties were given an opportunity to be heard and present evidence. At which time the applicant raised additional information regarding minimum distances between differing providers; for which the Planning Commission directed the applicant to address said concerns and continued the item to a future date; and, P.C. Resolution No. 2000-06 Page 1 WHEREAS, on November 23, 1999, the applicant submitted a written statement, which granted a one-time 90 -day extension of the Permit Streamlining Act deadline of December 6, 1999, and thereby establishing an action deadline of March 5, 1999; and, WHEREAS, on November 23, 1999, the applicant submitted a modified proposal to relocate and replace the existing monopole, with a 68 -foot high monopole and a mast and whip antenna on top for an overall height of 89 -feet and 25 -feet to the west of the existing pole, with related ground mounted equipment; and, WHEREAS, on December 14, 1999, after re -notice of the application, the Planning Commission held a duly noticed public hearing for the modified proposal. At which time the Commission and the residents adjacent to the subject property raised additional concerns with the location of the new monopole structure and continued the item to the January 25, 2000 Planning Commission meeting; and, WHEREAS, on January 25, 2000, the Planning Commission continued the public hearing to the February 22, 2000 meeting to allow the applicant additional time to compile the necessary information and study additional sites to relocate the monopole structure, and, WHEREAS, on February 22, 2000, all interested parties were given an opportunity to be heard and present evidence at a regularly public hearing of the Planning Commission; 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 192 -Revision "B" and Site Plan Review No 8596 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 2, Section 15302), and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1- The site for the intended use is adequate in size and shape to accommodate said use because it has been found that the location of the proposed structure and equipment complies with the development standards of the RS -4 district, the location of the monopole exceeds the minimum 25 -foot setback required by the Development Code, adequate off-street parking for the antenna facility is provided, and fencing and landscaping to screen the structures and equipment will be provided. Section 2: The site for the proposed use relates to streets and highways property designed to cant' the type and quantity of traffic generated by the subject use because the site is served by Crest Road, which is identified as 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 Resolution No. 2000-06 I� Page Section 3• There will be no significant adverse effect on adjacent property or the permitted use because the proposed monopole will be relocated 11 feet to the east of the existing monopole structure Further, the new monopole has a slender profile which does not create significant, additional visual impacts; Staff's analysis of the view impacts for Conditional Use Permit No 192, and this analysis, have revealed that there will be no significant impairment of public or private views as a result of the relocation of the monopole, and the monopole and related equipment will be screened by planting material, painting the monopole to blend in with the background foliage and sky, and constructing a fence around the prefabricated equipment building. 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"; 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 is not within any of the overlay control districts, so there is no need to ensure that the proposed use complies with the requirements of the chapter Section 6: Conditions have been imposed to protect the health, safety and general welfare, which includes setback and buffers, fencing, landscaping, maintenance of structures, and other conditions, as identified in Exhibit "K hereto. Section 7: The proposed project is in conformance with the City's "Wireless Communications Antenna Development Guidelines" because the application was processed as expeditiously as possible, the antenna site is not located on a single-family structure, the project allows for co -location of three wireless communication providers, 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, 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 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 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 February 22, 2000, the date of the Planning Commission's final action. Section 9: For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning Commission hereby approves Conditional Use Permit No. 192 - Revision "B" and Site Plan Review No. 8596, subject to the Conditions of Approval contained in the attached Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare P.C. Resolution No 2000-06 Page 3 PASSED, APPROVED, and ADOPTED this 22nd day of February 2000 by the following roll call vote AYES' Alberio, Cartwright, Clark, Slayden NOES- None ABSTENTIONS* Paris ABSENT' Lyon, Vannorsdall M Joel ojas, AICP ( ) Director of PlannVig, Building and ode )Enforcement, and, Secretary t64M Planning Commission Con S. Cartwright Chairman P.C. Resolution No 2000-116 Page 4 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 192 -- REVISION "B" and SITE PLAN REVIEW NO. 8596 General Conditions Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2 This approval is for the co -location of six (6) additional cellular panel antennae measuring 4 -feet -tall, at a maximum height of 68 -feet Currently, there is an existing 50 - foot tall monopole with a 15 -foot high mast and 12 -foot high whip antenna for an overall height of 77 -feet. The approval is for the demolition and replacement of the current monopole with a 68 -foot -tall monopole eleven (11) feet east of the existing structure The existing mast and whip antenna will be located on the new monopole and result in an overall height of 89 -feet, as measured from adjacent grade to top of whip antenna. Further, the nine (9) existing panel antennae will be relocated on the new monopole, at the same height as the existing monopole of 42 -feet and 50 -feet high, with the six (6) new 4 -foot -tall antennae panels at a 68 -foot height. Lastly, a 12 -foot high, 240 square foot, prefabricated equipment building is proposed adjacent to the relocated monopole. 3. The existing monopole is allowed to remain during the construction, relocation and co - location of the antennae panels on the new monopole The existing monopole shall be demolished within 10 -days after the construction of the new 68 -foot tall steel monopole Further, a $2,000 deposit shall be deposited with the City prior to the construction of the new monopole, and shall be refunded upon verification that the existing monopole has been demolished. 4. The maximum height of the new steel monopole shall not exceed 68 -feet, with a 10 -foot - high mast and 12 -foot -high whip antenna, which will be mounted to maintain a maximum overall height of 89 -feet, as measured from adjacent grade to top of whip antenna. HEIGHT CERTIFICATION REQUIRED. 5 All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein or in the conditions of approval for Conditional Use Permit No. 192 or Revision "A", in the RS -4 district development standards of the City's Municipal Code. P.C. Resolution No. 2000-06 CUP No. 192 - Rev. "B"; SPR No. 8596 Conditions of Approval Page 1 1 6 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. 7 If the PCS facility has not been established (I e , building permits obtained) within one year of the approval of this permit by the Planning Commission, the approval shall become null and void, unless 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 8 No grading is approved under this permit 9. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter shall apply. 10. The hours of construction shall be limited to 7:00 a.m. to 7.00 p.m., Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 11 All conditions of approval from Conditional Use Permit No 192, and Revision "A" shall remain in full force and effect, unless superseded by the conditions established in this permit approval. Prior to Budding Permit Issuance 12. 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 to good faith for shared use by third parties. Prior to Buddinq Permit Final 13 The monopole and antennae shall be painted to blend in with the background and foreground trees and foliage, in a color to be approved by the Director of Planning, Building and Code Enforcement In the event that the screening foliage is removed at some future date, the applicant shall repaint the monopole and antennae to blend in with the background sky, subject to the Director's review and approval. P.C. Resolution No. 2000-06 CUP No. 192 - Rev. "B"; SPR No. 8596 Conditions of Approval Page 2 14 Two (2), 24 -inch -box white ironbark (Eucalyptus leucoxylon) or similar trees shall be planted in a location designated by Staff for visual screening Site Plan Review. 15 The approval of Site Plan Review No. 8596 is for a 240 square foot prefabricated equipment budding adjacent to the new monopole. 16 The equipment building shall be limited to a maximum overall height of 12 -feet 17. The equipment building shall maintain the setbacks depicted on the submitted plans, but in no way shall be less than - Front: 20'0" Side: 5'0" Rear- 15'0" 18 The color and material of the equipment building shall be consistent and compatible with the existing maintenance office building of the California Water Service Company. 19 The existing fence screening that surrounds the ground -mounted equipment shall be extended to surround the proposed prefabricated equipment building 20. The applicant shall obtain all required permits, including demolition permits, from the Building and Safety Division P.C. Resolution No. 2000-06 CUP No. 192 - Rev. "B"; SPR No. 8596 Conditions of Approval Page 3