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PC RES 2001-030s A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 198 — REVISION "A", THEREBY APPROVING THE CO -LOCATION OF THREE CELLULAR PANEL ANTENNAE ON THE NORTHEAST AND SOUTHEAST CORNERS OF THE EXISTING THREE-STORY OFFICE BUILDING SCREENED BY ARCHITECTURAL FACADE COVERINGS, AND RELATED MECHANICAL EQUIPMENT INSIDE AN OFFICE SUITE, FOR PROPERTY LOCATED AT 500 SILVER SPUR ROAD. WHEREAS, on May 13, 1997, the Planning Commission adopted P.C. Resolution No. 97-27, approving the application for Conditional Use Permit No 198 by L.A. Cellular (currently known as AT&T Wireless) for the installation of eight personal communications services (PCS) panel antennae on the roof of the office building located at 500 Silver Spur Road, and, WHEREAS, on June 14, 2001, the applicant, Cingular Wireless (formerly AirTouch), submitted applications for Conditional Use Permit No. 198 - Revision "A" to install three (3) PCS antenna panels on the northeast and southeast corners of the office building located at 500 Silver Spur Road and install the related mechanical equipment within an office suite of the building; and, WHEREAS, on July 14, 2001, the application for Conditional Use Permit No 198 - Revision "A" was 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), Staff found no evidence that Conditional Use Permit No 198 -- Revision "A" 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 September 11, 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 198 — Revision "A". Section 1; The site is adequate in size and shape to accommodate said use and for all the features required by Tale 17 and by conditions imposed to ensure that the proposal does not negatively impact abutting land uses and those within the area. The P C. Resolution No. 2001-30 Page 1 location of the proposed antennae and related mechanical equipment comply with the CG District Zoning standards, including setbacks, 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 Crossfield Drive via Silver Spur Road, which is identified as a major arterial street 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. Section 3: There will be no significant adverse effect on adjacent property or the permitted use because the antenna panels and the screening canisters will not project above the parapet wall, and the related mechanical equipment will be located within an office suite inside the building Further, the proposed screening canisters will appear as architectural features that will be painted to match the parapet wall and building. Thus, the antenna and equipment will not be visible by the general public. 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 office building, the underlying land use designation of Commercial, and the surrounding residential and commercial uses Section 5: Although the site is within the Natural Overlay Control District (OC -1), the performance criteria and guidelines are not applicable since the project and improvements will be wholly located and conducted on the building, which is the portion of the property that is currently developed The site is within the Urban Appearance Overlay Control District (OC -3) The project will comply with the intent of the OC -3, since the antenna panels will be flush mounted to the building's parapet wall, and screened by canisters that will appear as integrated architectural features of the building, as they will be painted to match the existing structure. 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. P.C. Resolution No 2001-30 Page 2 0 0 Section 7: The City's review of Conditional Use Permit No. 198 — Revision "A" is consistent with the local zoning authority reserved to the City under the Telecommunications Act of 1996 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 September 11, 2001, the date of the Planning Commission's final action. Section 9: 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 "A", 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 11th day of September 2001 by the following roll call vote: AYES Cartwright, Long, Lyon, Mueller, Paulson, Vannorsdall NOES None ABSTENTIONS None ABSENT: Clark I Jpel jas, AIC(P DV ,2,Qt.r of PlahLiAi, Building and Code Enforcement; and, Secretary to the Planning Commission Fra n kL yon rit a n P C Resolution No. 2001- 30 Page 3 0 0 EXHIBIT'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 198 — REVISION "A" 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 the co -location of three (3) additional personal communication services (PCS) antenna panels on the existing three -story -high office building at 500 Silver Spur Road Specifically, two panels will be mounted at the northeast corner of the building, and one panel will be mounted at the southeast corner of the building Canisters that cover the panels and blend into the building's facades will screen the antenna panels The related mechanical equipment will be located inside an office suite within the building 3 The mechanical equipment shall not be moved to the exterior of the building without prior approval from the Planning Commission 4 The screening canisters and the antenna panels shall not extend higher than the parapet wall 5 The screening canisters shall not project more than 18 -inches from the facade of the parapet wall 6 The cable tray shall be flush -mounted to the roof, and shall be mounted behind the parapet wall and not exposed to the public 7 The wires and cables to the antenna panels shall not be exposed or hang over the parapet wall 8 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 P C Resolution No 2001-30 Page 4 0 • 9 Failure to comply with and adhere to 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 10 If the PCS facility has not been established (i e , plans submitted 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. 11 No grading is approved under this permit. 12. The applicant shall obtain all required permits, including demolition permits, building permits, electrical permits, etc from the Building and Safety Division 13 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 14 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 15 All conditions of approval for Conditional Use Permit No 198, as adopted by the Planning Commission on May 13, 1997 as P C Resolution No 97-27, shall remain unchanged and in full force and effect. 16 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. 17 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 P C Resolution No 2001-30 Page 5 Prior to Building Permit Final. 18 The exterior finish material and color of the screening canisters of the antenna panels shall be consistent with the exterior material and color of the existing building upon which the antennae and screening canisters are mounted P C Resolution No 2001-30 Page 6