PC RES 2000-012A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING WITH
PREJUDICE CONDITIONAL USE PERMIT NO. 207 FOR THE
PROPOSED COMMERCIAL USE OF EXISTING ANTENNAE
ON AN EXISTING ANTENNA SUPPORT STRUCTURE,
LOCATED AT 44 OCEANAIRE DRIVE IN THE DEL CERRO
NEIGHBORHOOD
WHEREAS, on January 8, 1990, the applicant, Mark Abrams, received approval of
an application for Site Plan Review No. 5322 to permit the construction of a 40 -foot -tali
amateur radio antenna support structure and array on his property at 44 Oceanaire Drive
in the Del Cerro neighborhood; and
WHEREAS, on January 19, 1998, Mr Abrams received approval of an application
for Site Plan Review No 8017 to permit the construction of a second, similar amateur radio
antenna support structure and array on the same property, and
WHEREAS, on January 20, 1998, the City's approval of Site Plan Review No 8017
was appealed to the Planning Commission by Karyl Newton, the owner of the adjacent
property at 46 Oceanaire Drive; and
WHEREAS, at a duly noticed public hearing on the appeal of Site Plan Review
No. 8017, Mr. Abrams admitted that there was at least one antenna on the existing support
structure and array that was used for commercial purposes, and evidence was also
presented to the Planning Commission which purported to confirm this commercial use and
demonstrated that the existing antenna support structure and array was taller than forty feet
(40'0"); and
WHEREAS, the Planning Commission's consideration of the appeal of Site Plan
Review No. 8017 was continued to a date certain, was subsequently tabled by the
imposition of a moratorium on applications for second antenna support structures, and was
ultimately voided by the enactment of revisions to the City's antenna regulations; and
WHEREAS, the City investigated the allegations regarding the height of the existing
antenna support structure and array and found that Building Permit No. 9827 had been
erroneously issued and finaled in 1990 to allow the antenna support structure and array to
exceed the 40 -foot height limit; and
WHEREAS, the City investigated the allegations regarding commercial use of the
existing antennae and found that they were valid Subsequently, on June 29, 1999, the Los
Angeles County Superior Court granted the City's motion for a preliminary injunction, and
on September 13,1999, the court issued its written order, preventing Mr Abrams from
using the antennae for commercial purposes unless and until the City approved a
conditional use permit for the use; and
WHEREAS, on July 12, 1999, September 20, 1999 and January 21, 2000,
Mr Abrams submitted applications and supplemental information for Conditional Use
Permit No. 207 and Environmental Assessment No 720 to allow the commercial use of
certain of the existing antennae on the existing antenna support structure on his property
in the Del Cerro neighborhood; and
WHEREAS, on January 31, 2000, the applications for Conditional Use Permit
No. 207 and Environmental Assessment No 720 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that
the approval of Conditional Use Permit No. 207 could result in a significant adverse effect
upon the environment unless mitigation measures were applied and, therefore, a draft
Mitigated Negative Declaration has been prepared and notice of same was given in the
manner required by law; and
WHEREAS, after nonce issued pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning Commission held
a duly noticed public hearing on April 25, 2000 and May 9, 2000, 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 not adequate in size and shape to accommodate the
proposed use because Sections 17.76 020(A)(5) and 17.76 020(A)(8) of the Rancho Palos
Verdes Development Code require that the proposed commercial use "have the least visual
impact on the environment" and provide landscaping and screening to "screen and buffer
towers, accessory uses and stored equipment," respectively, but the existing tower is sited
and designed to take maximum advantage of the elevation and topography, and not to
minimize its visual impacts If the subject property were larger so that the tower was
located further from adjacent residences and rights-of-way, the increased distance might
have the effect of screening and buffering the visual impacts of the existing tower.
Attempting to screen the existing tower and antennae with foliage would not be effective
because most surrounding properties are at the same elevation or only slightly higher than
the subject property. Therefore, given the constraints of the subject property, it is not
reasonably possible to reduce the visual impacts of the existing tower without modifying its
height, location and/or configuration
P.0 Resolution No 2000-12
Page 2 of 7
Section 2: The approval of the subject commercial use at this specific location will
result in significant adverse effects on adjacent property or the permitted use thereof
because the commercial use of some of the antennae constitutes an intensification of the
use of the antennae, and this intensification of use financially benefits the applicant and his
business while causing negative visual impacts from the location, height and size of the
antenna tower upon surrounding residential properties. Currently, the tower is visually
prominent within the neighborhood and although reducing the height of certain elements
of the structure might somewhat improve the appearance of the antenna array, it would not
eliminate the negative visual aspects of the tower related to its height, close proximity to
surrounding residences and lack of screening or buffers Therefore, although the approval
of the proposed use would not create new adverse visual impacts, it would perpetuate
existing adverse visual impacts in support of a use that disproportionately benefits the
commercial interests of the applicant to the detriment of the immediately surrounding
neighborhood. In addition to the visual impacts of the existing antennae tower, the
establishment of a commercial antenna of this size and scale in the Del Cerro
neighborhood would establish precedent for, and contribute to, adverse cumulative visual
impacts due to future proposals for similar projects. Such proposals are likely—given the
neighborhood's elevation, topography and unique geographic setting—and would have
significant adverse cumulative effects upon neighborhood aesthetics and residential
property values.
Section 3: The proposed use is contrary to the General Plan, which contains the
following goals and policies
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 to encourage the
development of housing in a manner which adequately serves the needs of
all present and future residents of the community [Rancho Palos Verdes
General Plan, Urban Environment Element, Activity Area Goals (p. 56)]
The City shall discourage industrial and major commercial activities due to
the terrain and environmental characteristics of the City. Commercial
development shall be carefully and strictly controlled, and limited to
consideration of convenience or neighborhood service facilities. [Rancho
Palos Verdes General Plan, Urban Environment Element, Activity Area Goals
(p 56)]
It shall be a goal of the City to ensure adequate public utilities and
communications services to all residents, while maintaining the quality of the
environment [Rancho Palos Verdes General Plan, Urban Environment
Element, Infrastructure Goals (p. 100)]
P.C. Resolution No. 2000-12
Page 3 of 7
Require adequate landscaping or buffering techniques for all new and
existing facilities and networks, in order to reduce the visual impacts of many
infrastructure facilities and networks [Rancho Palos Verdes General Plan,
Urban Environment Element, Infrastructure Policy No 8 (p 138)]
Although these goals and policies acknowledge the need for commercial development and
the provision of communications services for the City's residents, they also call upon the
City to balance these community needs with the preservation of the quality of the City's
residential neighborhoods. The City has attempted to balance these objectives by
encouraging the installation of commercial antennae in non -single-family residential areas,
and the utilization of screening techniques to camouflage the appearance of commercial
antennae to the maximum extent practicable. As a result, most commercial antennae
previously approved by the City have been proposed for properties that are not zoned or
used for single-family residential purposes, and have employed screening techniques to
fully (or at least partially) mask the appearance of the antennae. In this case, the subject
property and surrounding neighborhood are designated Residential, 1-2 DU/acre in the
City's General Plan, which is a land use designation intended to accommodate low-density
neighborhoods of detached, single-family homes and related accessory uses and
structures. The use of the existing antenna support structure and array for amateur
purposes is an accessory use to the primary use of the property as a single-family
residence, but the proposed commercial use of some of the existing antennae constitutes
an intensification of the use of the tower such that the use of the antenna support structure
and array is no longer clearly subordinate to the primary'permitted use of the subject
property Because this application involves approval of the commercial use of the
antennae, which previously was conducted in violation of the Municipal Code, it cannot be
determined with certainty how many of the existing antennae were placed on the site for
the commercial use and how many were used solely for amateur purposes in accordance
with the prior City approvals In addition, the size of the site and the close proximity of the
tower to surrounding residences provides little or no opportunity for effective visual
screening and buffering of the tower, which is inconsistent with the General Plan goals and
policies discussed in this section
Section 4: There may be other locations and antenna towers that can
accommodate the applicant's proposed commercial transmissions. The applicant has
provided evidence that the FAA's San Pedro Hill site and the County of Los Angeles'
antenna site on Crestridge Road are not available to him, and he claims that these are the
most technically optimal locations to which he could relocate his facilities Aside from these
two locations, however, the applicant has not provided evidence to support his claim that
there are no other viable sites available to him, even if these other sites are less than
technically optimal in terms of their use for commercial radio purposes. As such, there may
be alternate sites available for the applicant's proposed use that would have fewer or no
adverse impacts on surrounding properties than the proposed location at 44 Oceanaire
Drive does.
P.C. Resolution No. 2000-12
Page 4 of 7
Section 5: The proposed project is not consistent with the City's Wireless
Communications Antenna Development Guidelines The site of the proposed project is a
single-family residence, which is not consistent with the Commission's preference for the
use of non -single-family structures and properties as antenna sites, and the size and scale
of the proposed use suggests that it is not clearly ancillary to the primary permitted use of
the site as a single-family residence (Guideline No. 2). Although the Guidelines encourage
co -location of commercial antennae on existing towers (Guideline No. 3), the future
placement of additional commercial antennae at this site would not be consistent with the
general intent of the Guidelines to balance the need to provide wireless communications
coverage with the need to maintain the quality of life for residents In addition, although the
existing tower does not impair protected views, as defined in the City's Development Code,
it is highly visible in the neighborhood immediately surrounding the subject property
(Guideline No 4). The approval of the project as currently proposed would
disproportionately benefit the applicant, at a significant adverse aesthetic expense to the
surrounding residential neighborhood and the general public, resulting in an imbalance of
private versus public costs and benefits (Guideline No. 5). Finally, the size and scale of the
proposed project and its close proximity to surrounding residents precludes effective visual
screening of the existing antenna support structure and array (Guideline No 9)
Section 6: The denial of Conditional Use Permit No 207 is consistent with the
local zoning authority reserved to the City of Rancho Palos Verdes by the
Telecommunications Act of 1996 (47 U.S.C. 332(c)(7)) for the following reasons
A The denial of Conditional Use Permit No. 207 "[does] not unreasonably discriminate
among providers of functionally equivalent services ... and [does] not prohibit or have
the effect of prohibiting the provision of personal wireless services" (47 U.S.C.
332(c)(7), subsections (13)(i)(1) and (11)). There are no "competing" applications for
the applicant's proposed services at this site, so the denial of the proposed project
cannot be said to discriminate between the applicant's project and that of any other
service provider. In addition, the denial of this specific proposal does not prohibit
the provision of wireless communications services because the applicant still has the
ability to propose the relocation of these services to another site that meets all of the
required findings for approval by the City. While the City has previously approved
applications for commercial antennae for a variety of wireless services and service
providers, these applications have generally been proposed for properties that were
not zoned or used for single-family residential purposes
B. The application for this Conditional Use Permit was deemed complete by City Staff,
on January 31, 2000. The City has acted on the applicant's request for Conditional
Use Permit No. 207 "within a reasonable period of time after the request [was] duly
filed with [the City], taking into account the nature and scope of such request" (47
U S C 332(c)(7), subsection (13)(ii)) This application has been processed by the
P.C. Resolution No. 2000-12
Page 5 of 7
City in a timely fashion and in accordance with the time lines established by the
State Permit Streamlining Act and CEQA
C. The decision to deny the application for Conditional Use Permit No 207 "[is] in
writing and supported by substantial evidence contained in a written record" (47
U.S.C. 332(c)(7), subsection (6)(111)). This Resolution, along with the Staff report,
plans, public correspondence and the Minutes of these proceedings, all of which are
incorporated herein by this reference, provides a written record of the basis for the
Planning Commission's decision in this matter
D In denying the application for Conditional Use Permit No 207, the City has not
"[regulated] the placement, construction, and modification of personal wireless
service facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the [Federal
Communications] Commission's regulations concerning such emissions" (47 U S C
332(c)(7), subsection (B)(iv)) Although radio frequency emission are identified as
an environmental effect in the draft Mitigated Negative Declaration prepared for this
application, the environmental analysis clearly states that these effects are not
significant and not within the City's purview to consider or regulate Therefore, the
Planning Commission's denial of the proposed project is not based in any way upon
any actual or perceived environmental effects attributable to radio frequency
emissions
Section 7. The draft Mitigated Negative Declaration that was prepared by Staff,
in conjunction with Conditional Use Permit No. 207, is not adopted by the Planning
Commission because the Planning Commission finds that the approval of the proposed
project will result in significant adverse visual and aesthetic impacts upon properties
surrounding the project site, both singularly and cumulatively.
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 9, 2000, 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 denies, with prejudice, Conditional
Use Permit No 207 for the proposed commercial use of existing antennae on an existing
antenna support structure and array located at 44 Oceanaire Drive in the Del Cerro
neighborhood.
P.0 Resolution No 2000-12
Page 6 of 7
PASSED, APPROVED, AND ADOPTED this 9th day of May 2000, by the following vote
AYES Chairman Lyon, Vice Chairman Clark, Commissioners Cartwright, Long,
Mueller, Paulson and Vannorsdall
NOES none
ABSTENTIONS none
ABSENT none
Frank Lyo
Chairman
J el Rojas, AICP
Di cto of PlanningDB ilding
and ode Enforcement; and, Secretary
to the Planning Commission
MAProjects\CUP 207_EA 720 (Abrams)\20000509_Reso_PC.doc
P C Resolution No 2000-12
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