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PC RES 2000-032P.C. RESOLUTION NO. 2000-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE ' CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 214 AND GRADING PERMIT NO. 2209, THEREBY APPROVING THE CO - LOCATION OF SIX (6) PERSONAL COMMUNICATIONS SYSTEMS (PCS) PANEL ANTENNAE FOR SPRINT PCS ON THE ROOF OF THE CENTER PROFESSIONAL BUILDING, AND A 4 -FOOT -4 -INCH -TALL UPSLOPE RETAINING WALL AND TWENTY-EIGHT CUBIC YARDS (28 YD 3) OF RELATED GRADING FOR AN EQUIPMENT ENCLOSURE FOR GROUND -MOUNTED SUPPORT EQUIPMENT, LOCATED AT 28041 HAWTHORNE BOULEVARD WHEREAS, on April 29, 1997, the Planning Commission adopted P C Resolution No 97-24, approving an application for Conditional Use Permit No 196 by Pacific Bell Mobile Services (PBMS) to install a roof -mounted 5 -foot -tall whip -type antenna and related ground -mounted support equipment at the Center Professional Building; on June 24, 1997, the Planning Commission adopted P C Resolution No 97-30, approving an application for Conditional Use Permit No 197 by L.A. Cellular (now AT&T Wireless) to install two roof - mounted antenna panels and related ground -mounted support equipment on the same property; and both of these facilities have been in place on the site for nearly three years, and, WHEREAS, on March 3, 2000 and June 7, 2000, the applicant, Sprint PCS, submitted applications for Conditional Use Permit No 214, Environmental Assessment No 730 and Grading Permit No 2209 to allow the co -location of six (6) roof -mounted PCS antenna panels and ground -mounted support equipment on the Center Professional Building site, and, WHEREAS, on July 7, 2000, the applications for Conditional Use Permit No 214, Environmental Assessment No 730 and Grading Permit No 2209 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 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), Staff found no evidence that Conditional Use Permit No 214, Environmental Assessment No 730 and Grading Permit No 2209 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303), and, WHEREAS, on July 25, 2000, the City and the applicant agreed to a 90 -day extension of the decision deadline for these applications, and, 0A 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 12, 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 Planning Commission hereby makes the following findings of fact with respect to the application for Conditional Use Permit No. 214 for six (6) roof -mounted PCS antenna panels and related ground -mounted support equipment: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by the Development Code or by conditions imposed to integrate said use with those on adjacent land and within the neighborhood because the proposed project complies with the City's development standards for commercial antenna installations; the proposed antennae and support equipment do not encroach into any required setback areas or exceed the height of the existing structure; there is adequate off- street parking to meet the requirement for two (2) off-street parking spaces for maintenance and service vehicles, and the antennae do not require special markings or lighting to comply with Federal Aviation Administration (FAA) requirements. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use because the subject property is served by Hawthorne Boulevard and Granvia Altamira, which are public streets that are fully improved with curbs and sidewalks; and the only additional traffic expected to result from the proposed project is an occasional service vehicle for Sprint PCS. C. 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 project involves only minor physical modifications to the existing site; the support equipment would not generate any significant noise and the painting of the antenna panels to match the color of the roof would minimize their visual impacts, and, although the use of additional wireless communications antennae on the site will generate additional radio frequency emissions, the City is prohibited from "[regulating] 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," pursuant to the Telecommunications Act of 1996. P C Resolution No 2000-32 Page 2 of 9 D. The proposed use is not contrary to the General Plan because the subject property is designated Commercial -Retail, which states that "[commercial] uses tend to have environmental impacts unless they are small in scale and very carefully designed"; and the implementation of screening techniques (i.e , painting the antenna panels to match the roof color and locating the support equipment in an enclosure behind the building) is consistent with the Commercial -Retail land use designation and with other General Plan goals and policies calling upon the City to "ensure adequate public utilities and communications 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 impacts of many infrastructure facilities and networks." E The required finding that, if the site of the proposed use is within any of the overlay control districts established by RPVDC Chapter 17.40 (Overlay Control Districts), the proposed use complies with all applicable requirements of that chapter is not applicable because the subject property is not located within any of the overlay control districts established by RPVDC Chapter 17.40. F Conditions of approval, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed and include painting the proposed antenna panels to match the color of the roof surface in order to reduce their visual impact, ensuring that the proposed antenna panels will not extend higher than the existing roofline and parapet of the building to protect views from surrounding properties; requiring exterior maintenance lights in the equipment enclosure to utilize "downcast" fixtures and to only be illuminated if nighttime maintenance work is necessary, prohibiting the use of a back-up generator for auxiliary power so as to avoid significant noise impacts; and limiting construction hours the City's standard days and hours (i e , 7.00 AM to 7:00 PM, Monday through Saturday only) G. The required findings that no existing or planned tower can accommodate the applicant's proposed antenna or proposed service area, or that the proposed tower cannot be located on the site of an existing or planned tower is not applicable because the proposed project does not involve the construction or placement of a new antenna tower However, the intent of these findings is to encourage the co - location of antennae on a few sites, rather than having a large number of antenna sites scattered throughout the City, and the placement of the Sprint PCS antenna panels on this building—which already accommodates antennae for PBMS and AT&T Wireless—is consistent with the intent of these findings. Section 2: The Planning Commission hereby makes the following findings of fact with respect to the application for Grading Permit No 2209 for twenty-eight cubic yards (28 yd') and a maximum 4 -foot -4 -inch -tall retaining wall for the support equipment enclosure: P.C. Resolution No. 2000-32 Page 3 of 9 A The grading does not exceed that which is necessary for the permitted primary use of the lot because the proposed grading quantity and retaining wall height would only qualify as minor grading, if not associated with the conditional use permit application for commercial antennae B. The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the grading will occur at the toe of the slope behind the building and this area is not readily visible from surrounding residences C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural because, even though the existing "natural" contours are the result of the mass grading of Tract No. 25106 in the 1960's, the proposed grading will only occur in a small area at the toe of the slope and the remainder of the slope area of the lot will not be disturbed. D. The required finding that the grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography is not applicable because there are no natural topographic features present on the subject property. E The required finding that, for new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17 02 (Single-family Residential Districts) is not applicable because the proposed project does not involve the construction of a new single- family residence F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas is not applicable because the proposed project does not involve the development of a new residential tract. G The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable because the proposed project does not involve grading for new streets or other related improvements H The required finding that the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation is not applicable because there is no natural landscape or wildlife habitat present on the site P C Resolution No 2000-32 Page 4 of 9 0 a The grading conforms to the City's standards for finished slopes and retaining wall height, does not occur in an extreme slope area of the property, and the proposed retaining wall is significantly lower than the maximum 8 -foot -tall upslope retaining wall that could be permitted Section 3: The approval of Conditional Use Permit No. 214 and Grading Permit No. 2209 is consistent with the City's Wireless Communications Antenna Development Guidelines Section 4: The approval of Conditional Use Permit No 214 and Grading Permit No 2209 is consistent with the zoning and land use authority reserved to the City pursuant to the Telecommunications Act of 1996. Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Sections 17.60.060 and 17 76 040(H) 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 12, 2000, the date of the Planning Commission's final action Section 6: 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. 214 and Grading Permit No 2209, thereby approving co -location of six (6) personal communications systems (PCS) panel antennae for Sprint PCS on the roof of the Center Professional Building, and a 4 -foot -4 -inch -tall upslope retaining wall and twenty-eight cubic yards (28 yd 3) of related grading for an equipment enclosure for ground -mounted support equipment, located at 28041 Hawthorne Boulevard, 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 P C. Resolution No. 2000-32 Page 5 of 9 PASSED, APPROVED, AND ADOPTED this 12th day of September 2000, by the following vote AYES Chairman Lyon, Vice Chairman Clark, Commissioners Cartwright, Mueller and Paulson NOES none ABSTENTIONS Commissioner Long ABSENT Commissioner Vannorsdall C-""'�- J el jas, AICP Di or of Planni , Building and Code Enforcement; and, Secretary to the Planning Commission 4�n_ p�✓ Frank Lyon Chairman PC Resolution No 2000- 32 Page 6 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 214 AND GRADING PERMIT NO. 2209 (28041 Hawthorne Boulevard) General Within ninety (90) days following adoption of this Resolution, 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 shall render this approval null and void 2 This approval is for the co -location of six (6) PCS panel antennae on an existing commercial building, plus ground -mounted support equipment within an enclosure at the rear of the building The maximum height of the new PCS panel antennae shall not exceed the height of the existing roofline or parapet of the budding. The construction of the enclosure for the support equipment involves twenty-eight cubic yards (28 yd 3) of grading .and a maximum 4 -foot -4 -inch -tall upslope retaining wall at the toe of the slope behind,the building. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change shall require approval of an amendment to Conditional Use Permit No 214 and/or Grading Permit No. 2209 by the Planning Commission and shall require a new and separate environmental review. 3. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the CL 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 PCS facility has not been established (i.e , building permits obtained) within one (1) year 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 protect 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 conditional use permit and grading permit revision must be approved prior to further development. P.C. Resolution No. 2000-32 Page 7of9 -0' 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 June 7, 2000, entitled "Center Professional Building, LA34XC732, 28041 S. Hawthorne Blvd., Rancho Palos Verdes, CA, Los Angeles Co.," prepared for Sprint PCS by Tetra Tech, and dated July 7, 2000 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. 196—as adopted by the Planning Commission on April 29, 1997 as P.C. Resolution No 97-24—and Conditional Use Permit No. 197—as adopted by the Planning Commission on June 24, 1997 as P C Resolution No. 97-30—remain in full force and effect Conditional Use Permit No 214, 10 Pursuant to Section 17.76.020(A)(4)(c) of the City's Municipal Code, 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 site. 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. 11. The new antenna panels shall be painted to match the color of the roof tiles or parapet where they are located, and shall be maintained so as to continue to match the roof the or parapet color in the future. The new antenna panels shall not exceed the height of the existing roo#iine or parapet 12 This approval does not include the use or installation of a permanent back-up generator for the antenna support equipment. Any future request for a permanent back-up generator will require the approval of a conditional use permit revision by the Planning Commission. However, the use of a temporary back-up generator during emergencies or extended power outages is permitted. P.0 Resolution No. 2000-32 Page 8of9 13 The exterior maintenance lights within the equipment enclosure shall be "downcast" fixtures and will only be illuminated if nighttime maintenance work is necessary (i e , during an emergency) All routine maintenance and repair work shall occur during daylight hours All exterior lighting shall conform to the provisions of Section 17 56 040 of the Rancho Palos Verdes Development Code 14 The support equipment for the commercial antenna panels shall not generate noise levels in excess of 65 dBA, as measured at the property line of the subject property Any additional sound attenuation measures to achieve this standard shall be the responsibility of the applicant, and shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. Gradinq Permit No. 2209. 15 The grading approved by this permit consists of twenty-eight cubic yards (28 yd 3) of cut and no fill The maximum upslope retaining wall height permitted four feet four inches (4'4") 16 The applicant shall furnish the City with copies of landfill receipts for the approved export of twenty-eight Gubic yards (28 yd 3) prior to Building Permit final MAProjects\CUP 214—EA 730—GR 2209 (Sprint PCS -7 Eleven)\PC Resolution 2000-32.doc P C Resolution No 2000-32 Page 9 of 9