PC RES 2001-012P.C. RESOLUTION NO. 2001-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 222, THEREBY
APPROVING TWO (2) OMNI WHIP ANTENNAE, A GPS ANTENNA, AND A
MICRO -CELL UNIT ON AN EXISTING PUBLIC UTILITY POWER POLE, AND A
GROUND -MOUNTED EQUIPMENT CABINET SCREENED BY A 42 -INCH -HIGH
WALL, FOR PROPERTY LOCATED AT 5521 PALOS VERDES DRIVE SOUTH.
WHEREAS, on August 3, 2000, Kathleen Hill, representing Sprint PCS and property owner
James Ishibashi, submitted Conditional Use Permit No. 222 for a personal communications system
(PCS) on an existing public utility power pole and support equipment on property located on 5521
Palos Verdes Drive South, and,
WHEREAS, on August 22, 2000, the application for Conditional Use Permit No. 222 was
deemed incomplete by Staff, and,
WHEREAS, after the submittal of additional information required by Staff, the applications
were deemed complete on April 18, 2001; 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. 222 would have a significant effect on the
environment and, therefore, the proposed protect has been found to be categorically exempt
(Class 1, Section 15301); and,
WHEREAS, on May 22, 2001, 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. 222.
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 uses and those within the neighborhood. The location of the
proposed antennae and related mechanical equipment do not require a new tower, 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 accessed
via Palos Verdes Drive South, which is identified as a mayor 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
P.C. Resolution No 2001-12
Page 1
Section 3: There will be no significant adverse effect on adjacent property or the
permitted use because the antennae will not increase the height of the power pole, there are no
views over or through the site, and adequate mature foliage exists to screen the antennae.
Further, the proposed antennae and cable tray will contain similar exterior finish color as the
existing power pole Lastly, the related mechanical equipment cabinet will be screened from the
public right-of-way by a decorative 42 -inch -high wall constructed of Palos Verdes stone.
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 intent and purpose of the Commercial
Antenna Section of the Development Code to "maximize use of existing transmission or relay
tower to minimize the need to construct new towers "
Section 5: The site is within the Equestrian Overlay control district, which does not
affect the proposed project since the project does not involve equestrian uses or structures The
site is within the Natural Overlay control district, and the proposal complies with the performance
criteria contained in the Natural Overlay control district.
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 proposed antenna facility is consistent with the Wireless
Communications Antenna Development Guidelines adopted on May 27, 1997 by the Planning
Commission.
Section 8: The City's review of Conditional Use Permit No 222 is consistent with the
local zoning authority reserved to the City under the Telecommunications Act of 1996
Section 9: 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 22, 2001, the date of the
Planning Commission's final action.
Section 10: 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. 222, 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.0 Resolution No. 2001-12
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0
PASSED, APPROVED, and ADOPTED this 22"d day of May 2001 by the following roll call
vote
AYES Cartwright, Clark, Mueller, Paulson, Vannorsdall
NOES None
ABSTENTIONS Long
ABSENT Lyon
L L �'� .z.
Joel Rojas, AICP
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
.�oo'
Fra�iyon
C
man
P C Resolution No 2001-12
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 222
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 two (2) omni whip antennae, a GPS antenna, and a micro -cell unit
mounted on an existing utility power pole, and ground -mounted equipment. A wooden
cross -arm will support the two (2) omni whip antennae, and shall be constructed at a
height of 28 -feet. Thus the overall height to the top of the omni whip antennae will be
31 -feet, and shall not be taller than the existing power pole and power lines that are
currently at 38 -feet high. HEIGHT CERTIFICATION REQUIRED.
3. The cross -arm that supports the omni whips shall be of wood and painted to match the
existing wooden power pole. Further, the cross -arm shall be constructed at a maximum
height of 28 -feet, measure a maximum 6 -feet in length, and shall parallel the east side
property line.
4. Both omni whip antennae shall not be mounted on only one side of the cross -arm, thus,
each whip antenna shall be on separate sides of the power pole to produce symmetry
of the pole
5 Each omni whip antenna shall contain a dimension of 2 -inches in diameter and 3 -feet
in height.
6 The GPS antenna shall maintain a maximum dimension of 4 -inches in diameter and 18 -
inches in height.
7 The micro -cell unit shall maintain a maximum dimension of 3 -feet tall, by 19 -inches wide,
and 11 -inches deep
8. A 47'/2 -inch -high equipment cabinet is approved at a minimum 30'4" setback from the
front property line and at a minimum 3'0" setback from the side property line. SETBACK
CERTIFICATION REQUIRED.
9. The equipment cabinet shall be screened from the public right-of-way by a 42 -inch -high
decorative freestanding wall constructed of Palos Verdes stone
10. 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
11 If, for whatever reason, the utility lines are placed underground and the pole is no longer
necessary to support the utility lines, the pole shall be removed and a replacement pole
shall not be erected
12 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 RS -1 district development
standards of the City's Municipal Code
13 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
14 If the facility has not been established (i e , plans submitted to Building and Safety for
"plan check") 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.
15 No grading is approved under this permit.
16 The applicant shall obtain all required permits, from the Building and Safety Division
17 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
18 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
19 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 Buildinq Permit Issuance:
20 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
P.C. Resolution No. 2001-12
CUP No. 222
Conditions of Approval
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Copies of said agreements shall be provided to the City prior to issuance of a building permit.
Prior to Building Permit Final:
21 The exterior finish material of the cable tray shall be consistent with the color of the
existing power pole upon which the antennae are mounted.
22. The exterior color of the new cross -arm shall be consistent with the color of the wooden
power pole.
23 The whip antennae, GPS antenna, and micro -cell unit shall be painted in a natural earth
tone color to blend with the immediate surrounding environment, as approved by Staff
24. The cable tray shall be mounted flush against the power pole.
P.C. Resolution No. 2001-12
CUP No. 222
Conditions of Approval
Page 3