PC RES 2000-039P.C. RESOLUTION NO. 2000-39
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 196 REVISION `A' TO
ALLOW THE REMOVAL OF AN EXISTING OMNI
ANTENNA FOR THE PLACEMENT OF FOUR (4) NEW
ROOF MOUNTED ANTENNAE PANELS ON THE ROOF
OF THE CENTER PROFESSIONAL BUILDING, AND THE
INSTALLATION OF TWO (2) NEW SUPPORT
EQUIPMENT CABINETS, ON PROPERTY 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 (now known as Pacific Bell Wireless) 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 (both of
these facilities have been in place on the site for nearly three years), and on September
12, 2000, the Planning Commission adopted P C Resolution No 2000-32 to allow the
co -location of six (6) personal communications systems (PCS) panel antennae for
Sprint PCS and twenty-eight cubic yards (28 yd 3) of related grading for an equipment
enclosure for ground -mounted support equipment; and,
WHEREAS, on July 12, 2000 and September 7, 2000, the applicant, Pacific Bell
Wireless, submitted applications for Conditional Use Permit No 196 Revision 'A' and
Environmental Assessment No 737 to allow the removal of an existing omni antenna
for the placement of four (4) new roof mounted antennae panels and the installation of
two new support equipment cabinets on the Center Professional Building site, and,
WHEREAS, on October 2, 2000, the applications for Conditional Use Permit No
196 Revision 'A' and Environmental Assessment No 737 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
196 Revision 'A' and Environmental Assessment No 737 would have a significant effect
P.C. Resolution No. 2000-39
Page 1 of 4
on the environment and, therefore, the proposed project has been found to be
categorically exempt (Class 2, Section 15302); 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 October 24, 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. 196 Revision `A' for
the removal of an existing omni antenna for the placement of four (4) roof -mounted
antennae panels and related support equipment cabinets:
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 Pacific Bell Wireless
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. In regards to radio frequency emissions, the City is prohibited from
"[regulating] the placement, construction, and modification of personal wireless
P.C. Resolution No. 2000-39
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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.
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.
Section 3: The approval of Conditional Use Permit No. 196 Revision 'A' is
consistent with the City's Wireless Communications Antenna Development Guidelines.
P.C. Resolution No. 2000-39
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0 0
Section 4: The approval of Conditional Use Permit No. 196 Revision 'A' 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 October 24, 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 196 Revision 'A', thereby approving the removal of an existing omni
antenna for the placement of four (4) roof mounted antennae panels for Pacific Bell
Wireless, on the roof of the Center Professional Building and the installation of two new
support equipment cabinets, on property 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.
PASSED, APPROVED, AND ADOPTED this 24th day of October 2000, by the following
vote:
AYES Chairman Lyon, Vice -Chairman Clark, Commissioners Cartwright, Mueller,
Vannorsdall, and Paulson
NOES None
ABSTENTIONS None
ABSENT: commissioner Long
J6el Roias. AICP
qire g(or of Planniogf, Building and
Code EnforcemerW, and, Secretary
to the Planning Commission
Frank Lyon L7
Chairman
P.C. Resolution No. 2000-39
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0 0
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 196 REVISION `A'
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 removal of an existing omni antenna for the placement of four
(4) new small roof mounted antennae panels by Pacific Bell Wireless The
maximum height of the new panel antennae shall not exceed the height of the
existing roofline or parapet of the budding. 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 196 Revision `A' 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. Unless otherwise amended herein, 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, shall remain in full force and effect
5 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
6 If the proposed 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 project 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
Exhibit `A'
P.C. Resolution No. 2000-39
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Planning Commission. Otherwise, a conditional use permit revision must be
approved prior to further development
7 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.
8. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped with
the effective date of this approval.
9 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.
CONDITIONAL USE PERMIT NO. 196 REVISION `A'
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 tile or parapet color in the future. The new antenna panels shall
not exceed the height of the existing roofline 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, provided
that the generator does not exceed 65 dBA, as measured from the closest
adjacent property line.
13. The exterior maintenance lights within the equipment enclosure shall be
"downcast" fixtures and will only be illuminated if emergency nighttime
maintenance work is necessary. All routine maintenance and repair work shall
Exhibit `A'
P.C. Resolution No. 2000-39
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1 L.
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.
M:\CUP\CUP196REVISIONA\CONDITIONS.doc
Exhibit `A'
P.C. Resolution No. 2000-39
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