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PC RES 2000-038A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 191 -- REVISION "B" AND VARIANCE NO. 478, THEREBY APPROVING THE CO -LOCATION OF TWO CELLULAR PANEL ANTENNAE ON THE NORTHEAST AND SOUTHEAST CORNERS OF THE EXISTING FIVE -STORY APARTMENT BUILDING AND A MECHANICAL EQUIPMENT CABINET WITH A 2'6" SETBACK FROM THE STREET -SIDE PROPERTY LINE ALONG HAWTHORNE BOULEVARD, FOR PROPERTY LOCATED AT 6507 OCEAN CREST DRIVE (OCEAN VIEW APARTMENTS). WHEREAS, on August 13, 1996, the Planning Commission adopted P C Resolution No 96-21, approving the application for Conditional Use Permit No 191 by Pacific Bell Mobile Services (PBMS) to install four (4) cellular panel antennae and support equipment on the elevator penthouse and roof, respectively, of the Ocean View Apartments, subject to the provisions of the Rancho Palos Verdes Development Code requiring PBMS and the owner of the Ocean View Apartments to cooperate in future requests for co -location of additional wireless communications facilities on the site; and, WHEREAS, on February 24, 1998, the Planning Commission adopted P C Resolution No 98-08, approving the application for Conditional Use Permit No 191 — Revision "A" by Nextel to install eight (8) enhanced specialized mobile radio (ESMR) panel antennae on the stairway penthouse on the roof of the Ocean View Apartments and ground -mounted support equipment, subject to the provisions of the Rancho Palos Verdes Development Code requiring PBMS, Nextel and the owner of the Ocean View Apartments to cooperate in future requests for co -location of additional wireless communications facilities on the site; and, WHEREAS, on October 29, 1999, the applicant, AT&T Wireless, submitted applications for Conditional Use Permit No. 191 - Revision "B" to install two (2) cellular antenna panels on the northeast and southeast corners of the Ocean View Apartments budding and install a mechanical equipment cabinet at 2'6" from the street -side setback from Hawthorne Boulevard, and, WHEREAS, on November 18, 1999, the application for Conditional Use Permit No. 191 - Revision "B" was deemed incomplete by Staff; and, WHEREAS, on August 8, 2000, Variance No. 478 was submitted for installation of the mechanical equipment cabinet at 2'6" from the street side property line, where a minimum 25 - foot setback is required; and WHEREAS, after the submittal of additional information required by Staff, the applications were deemed complete on October 4, 2000, 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 P C Resolution No. 2000-38 Page 1 r Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit No 191 -- Revision "B" and Variance No 478 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301), and, WHEREAS, on October 24, 2000, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed public hearing to consider Conditional Use Permit No 191 — Revision "B" and Variance No 478. 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 said use and for all the features required by Title 17 and by conditions imposed to ensure that the proposal does not negatively impact abutting land and those within the neighborhood. The location of the proposed antennae and related mechanical equipment comply with the RM -12 district and as modified by Variance No. 478; adequate parking for the antenna facility is provided in compliance with the minimum required; and screening for the antennae and equipment will be provided in compliance with Section 17.76.020(A)(8). Section 2: 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 site is served by Hawthorne Boulevard, 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 (Ocean Crest and Island View Drives) or nearby intersections (Hawthorne Boulevard / Ocean Crest Drive) Section 3: There will be no significant adverse effect on adjacent property or the permitted use because the antenna panels will not project above the roof line, rather the panels will be enclosed in cabinets and are below the existing roof eaves The proposed antenna panels will be mounted within a 1'x1'4" cable tray affixed to the southeast and northeast corners of the building, which will appear to be architectural features that contain similar exterior finish material and color as the building Lastly, the related mechanical equipment cabinet will be screened from the public right-of-way with foliage that is similar to the type used to screen other similar cabinets on the subject property. 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 as an apartment complex, the underlying land use designation of Residential, 6-12 DU/acre, and the surrounding single- and multi -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. P.C. Resolution No. 2000-38 Page 2 Section 6: Conditions have been imposed to protect the health, safety and general welfare, which includes buffers and landscaping, maintenance of structures, and 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 the City's Development Code, as identified in Exhibit "A" hereto. Section 7: The project site is subject to exceptional or extraordinary circumstances or conditions because the site is built -out and maintains little area to expand or place minor accessory structures, and currently maintains non -conforming setbacks along all street sides (Hawthorne Boulevard, Ocean Crest and Island View Drives). Thus, the most feasible location to place the equipment is near the center on the east side of the budding, which will ensure that power loss to the antennae is minimized since the equipment cabinet is not of the size to ensure maximum power output over long distances and does not interfere with the other public utility cabinets located along the Hawthorne Boulevard street -side Section 8: 'The variance is necessary for the preservation and enjoyment of a substantial property right, as wireless commercial antennae are conditionally permitted uses in the RM Districts. Due to the physical development of the site, the location of the proposed panel antennae, and the location of the existing equipment cabinets for the other existing wireless service providers and public utility companies, the proposed location along the Hawthorne Boulevard street -side is the most feasible and only area available. Further, granting the antennae facility is consistent with the co -location goals for antenna facilities. Section 9: The granting of the variance will not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located since there is no driveway approach and the equipment will be outside of the intersection visibility triangle, and will not impair or impede vehicular traffic, and appropriate conditions have been added that requires equipment cabinet to be screened from public view Section 10: 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 as an apartment complex, the underlying land sue designation of Residential, 6-12 DU/acre, and the surrounding single- and multi -family residential neighborhoods. Section 11: The City's review of Conditional Use Permit No 191 — Revision "B" and Variance No. 478 is consistent with the local zoning authority reserved to the City under the Telecommunications Act of 1996 Section 12: 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 December 14, 1999, the date of the Planning Commission's final action. P.C. Resolution No. 2000-38 Page 3 Section 13: 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 191 - Revision "B" and Variance No 478, 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 PASSED, APPROVED, and ADOPTED this 24th day of October 2000 by the following roll call vote AYES Cartwright, Clark, Lyon, Paulson, Vannorsdall NOES None ABSTENTIONS None ABSENT Long Frank Lyon Chairman Jo I Ro s, AICP DitecV of Planni g, uilding and Co a Enforceme • nd, Secretary to the Planning Commission PC Resolution No 2000- 38 Page 4 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 191 -- REVISION "B" and VARIANCE NO. 478 General Conditions. 1. 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 two (2) additional cellular panel antennae on the existing five -story -high Ocean View Apartment building Specifically, one panel will be mounted at the northeast corner of the building, one panel will be mounted at the southeast corner of the budding, and each will be located under the existing roof eaves and inside 1'x1'4" cabinets that run up the building's corner facades. The antennae panels will be located under the existing building eaves, at a height of 54'9" for the antenna panel on the southeast corner and a height of 48'3" for the antenna panel on the northeast corner Further, only one equipment cabinet is approved under this permit. The cabinet shall be located along the Hawthorne Boulevard side of the budding at a 2'6" setback from the street side property line along Hawthorne Boulevard, which will be screened by foliage. SETBACK CERTIFICATION REQUIRED. 3 The maximum dimensions of the new mechanical equipment cabinet are limited to 3 - feet -wide by 5 -feet -deep and 6 -feet -high 4. 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 RM -12 district development standards of the City's Municipal Code. 5 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, provided that the generator does not exceed 65 decibels as measured from the closest adjacent property line 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. 0 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 The applicant shall obtain all required permits, including demolition permits, from the Building and Safety Division 10. 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. 11. 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. 12 All conditions of approval for Conditional Use Permit No. 191, and Revision "A", as adopted by the Planning Commission on August 13, 1996 as P C Resolution No. 96-21 and on February 24, 1998 as P.0 Resolution No. 98-08, shall remain unchanged and in full force and effect 13 Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval Prior to Building Permit Issuance. 14. 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 building. 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 Copies of said agreements shall be provided to the City. Prior to Building Permit Final 15 The exterior finish material of the cable tray shall be consistent with the exterior material and color of the existing building upon which the antennae are mounted P.C. Resolution No. 2000-38 CUP No. 191 - Rev. "B"; VAR No. 478 Conditions of Approval Page 2 • 16 Foliage shall be planted around the north and east sides of the cabinet in a manner to substantially screen the mechanical equipment cabinet from public view. The new foliage type shall be consistent with the foliage type found on the subject property along Hawthorne Boulevard that currently screens the public utility cabinets on the subject property from Hawthorne Boulevard The foliage shall be a minimum of 6 -feet in height and shall be continually maintained in a manner that substantially screens the equipment cabinet from the public right-of-way, as determined by the Director of Planning, Building and Code Enforcement. P.C. Resolution No. 2008-38 CUP No. 191 - Rev. "B"; VAR No. 478 Conditions of Approval Page 3