PC RES 2001-043P C RESOLUTION NO 2001-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 230, THEREBY
APPROVING THE COMMERCIAL USE OF INTERIOR
ANTENNAE AND RELATED SUPPORT STRUCTURES AND
EQUIPMENT ON THE SITE OF A SINGLE-FAMILY
RESIDENCE, LOCATED AT 26708 INDIAN PEAK ROAD, IN
THE GRANDVIEW COMMUNITY
WHEREAS, on October 22, 1998, the applicant, James A. Kay, Jr, received
approval of an application for Site Plan Review No 8334 for after -the fact approval of an
existing roof -mounted antenna support structure and array for non-commercial radio
communications, which was conditioned expressly to exclude commercial operations, and,
WHEREAS, on November 4, 1998, prior to the expiration of the 15 -day appeal
period for Site Plan Review No 8334, the City Council adopted Urgency Ordinance
No 341 U, which established a moratorium on the processing of all antenna applications,
including those applications upon which the City had acted but the appeal period had not
yet expired, and
WHEREAS, on April 16, 1999, the antenna moratorium was lifted, the City's
approval of Site Plan Review No 8334 was voided, and the existing roof -mounted antenna
support structure and array were determined by Staff to be exempt from City permits for
non-commercial use pursuant to Section 17 76 020(C)(3)(c)(ii) of the Rancho Palos Verdes
Development Code, and,
WHEREAS, on October 15, 1999, Mr Kay submitted an application for Site Plan
Review No 8736 to the Department of Planning, Building and Code Enforcement for a 198 -
square -foot single -story storage room addition to the rear side of the house, which
proposed a large number of electrical outlets, the installation of two dedicated air
conditioning condensers for the room and no interior access to the rest of the house, and
although Staff suspected that the addition was intended to house commercial radio
transmitters, the City could not withhold approval of Site Plan Review No 8736 based upon
these suspicions, and,
WHEREAS, Staff subsequently reviewed Federal Communications Commission
(FCC) licensing records and found that several active and pending commercial radio
frequencies were licensed to Mr Kay's property on Indian Peak Road, and turned this FCC
licensing information over to the City Attorney's office, and,
WHEREAS, the City obtained warrants from the court and retained an expert in the
field of radio transmissions, Dr Henry Richter, to monitor transmissions from the site in
connection with an investigation of the alleged commercial use of the existing antennae and
found that commercial frequencies were in use at the site Subsequently, on April 13,
2000, the City filed a complaint for preliminary and permanent inunction against Mr Kay to
prevent the non -permitted use of commercial antennae on the site, and this case currently
is pending, and,
WHEREAS, Section 17 76 020(A) of the Rancho Palos Verdes Development Code
requires an individual to obtain a conditional use permit to install or operate a commercial
antenna within the City of Rancho Palos Verdes. Section 17.96 090 of the Rancho Palos
Verdes Development Code further defines the term "commercial antenna" as follows.
"'Commercial Antenna' means all antennas, parabolic dishes, relay towers
and antenna support structures used for the transmission or reception of
radio, television and communication signals for commercial purposes. For
the purpose of this definition, `commercial purposes' shall mean
communications for hire or material compensation, or the use of commercial
frequencies, as these terms are defined by the Federal Communications
Commission (FCC). 'Commercial antennas' shall not include antennas
owned or operated by governmental agencies; and micro -cell cellular
antennas, owned and operated by state licensed cellular telephone utility
companies, located on existing utility poles within the public right-of-way "
Under these provisions of the Rancho Palos Verdes Development Code, the
applicant, Mr Kay, was required to obtain a conditional use permit from the City to use his
existing antennae and antenna support structure to broadcast on commercial frequencies,
as determined by the FCC, and,
WHEREAS, on June 21, 2001, Mr Kay submitted applications for Conditional Use
Permit No 230 and Environmental Assessment No. 744 for after -the -fact approval to
establish the existing antennae and related support structures and equipment on the site for
commercial use, although Mr Kay contested that the application was after -the -fact and
requested a waiver of the penalty fee; and,
WHEREAS, on September 4, 2001 and September 18, 2001, the City Council
considered Mr. Kay's request for a waiver of the penalty fee for Conditional Use Permit
No 230, and denied the request; and,
WHEREAS, on September 19, 2001, the applications for Conditional Use Permit
No. 230 and Environmental Assessment No 744 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 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 230 and
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Environmental Assessment No. 744 would have a significant effect on the environment
and, therefore, the proposed project was determined by Staff to be categorically exempt
(Class 1, Section 15301); and,
WHEREAS, after the submittal of these applications on June 21, 2001,and while the
Planning Commission was conducting the public hearings on this application, the applicant
installed at least eleven (11) additional vertical antenna masts with attached antennae onto
the previously existing roof -mounted antenna support structure and array, including
additional cables and conduits for the additional antennae, and on November 8, 2001, the
applicant submitted revised plans to the City depicting a total of twenty (20) vertical antenna
masts with attached antennae on the roof -mounted antenna support structure and array,
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 23, 2001, and November 13, 2001, at which time all interested parties were given
an opportunity to be heard and present evidence, and,
WHEREAS, the applicant's representative, Mr. Miner, testified that all of the
antennae that currently are located at the subject property could be used either for
commercial or non-commercial transmissions; and,
WHEREAS, the applicant's representative, Mr Schmitz, during the public hearing,
stated that the applicant would be willing to comply with conditions that would improve the
appearance of the property, such as painting the residence and planting landscaping, and
having someone live at the residence, to ensure that the residence is in keeping with the
residential character of the neighborhood and to establish the proposed commercial use as
being clearly ancillary to the principal residential use of the property, so that the
Commission can make a finding of consistency of the proposed commercial use with the
City's General Plan;
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 230 to legalize the use of
existing roof -mounted and interior antennae and related support structures and equipment
on the site for commercial purposes
A For the purposes of this determination on the subject application and throughout this
Resolution, the terms and phrases "existing antenna(e)" and "existing roof -mounted
antenna array" refer only to the antenna(e) and antenna array depicted in the plans
submitted to the City by the applicant on June 21, 2001, and in photographs
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accompanying the application for Conditional Use Permit No. 230 and
Environmental Assessment No 744 The terms and phrases "existing antenna(e)"
and "existing roof -mounted antenna array" do not include any parts, elements,
components or other features of the antenna(e) and antenna array that are not
depicted on the plan submitted on June 21, 2001, or in the above-mentioned
photographs, regardless whether these parts, elements, components or other
features were, or are, physically present on the subject property as of the effective
date of this Resolution
B. 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, as conditioned, the proposed
project complies with the development standards for commercial antennae, as
specified in RPVDC Sections 17.76 020(A)(2) through (A)(10). The site provides for
two (2) off-street parking spaces for maintenance and service vehicles and the
existing roof -mounted antenna support structure and array does not require special
markings or lighting to comply with Federal Aviation Administration (FAA)
requirements. Although there is existing foliage on adjacent properties and rights-of-
way, this foliage does not adequately screen the existing roof -mounted antenna
support structure and array or the additional antennae added by the applicant since
June 21, 2001 from view from many surrounding residences in the neighborhood,
especially those residences located directly across the street and the residences
located down slope from the rear yard on Fond du Lac Road. As such, the approval
of this application is conditioned to require the removal of all but two (2) of the
existing eight -and -one -half -foot long masts and two of the television antennae from
the roof of the residence, and the relocation of all of the other existing or proposed
antennae and related support structures and equipment to the inside of the house.
C. 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 Indian Peak Road, which is a public residential street Aside
from normal residential traffic associated with the existing house, the only additional
traffic expected to result from the proposed project is an occasional service vehicle,
and would rarely involve large trucks or other equipment that could adversely affect
local traffic for any extended period of time. Any adverse effects of any additional
traffic are mitigated by the conditions of approval.
D. In approving the subject use at the specific location, there will be no significant
adverse effects on adjacent property or the permitted use thereof, due to the
conditions that are being imposed as part of this approval Although service
personnel would visit the site periodically, any impacts related to the maintenance
and operation of the existing antennae would be very minor and have no significant
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adverse effects on surrounding properties The existing antennae are visible from
homes across Indian Peak Road and from Fond du Lac Road below. Since the
conversion of the existing antennae to commercial use constitutes an intensification
of the use that benefits the applicant financially but, as proposed by the applicant,
does not offset the visual impacts of the antenna array upon the surrounding
neighborhood, the approval of this proposal will be conditioned to require the
removal of all but two (2) of the existing eight -and -one -half -foot -tall antennae masts
and two (2) of the television antenna(e) from the roof of the structure, the painting of
the remaining roof -mounted antennae and support structures that are permitted by
this conditional use permit so as to blend better into the background sky, and the
relocation of all of the other antennae and related support equipment to the inside of
the house. In addition, no future increase of the height, location or configuration of
the remaining roof -mounted antenna array will be permitted without an amendment
to this conditional use permit that is approved by the Planning Commission, and any
new antennae and support structures must be placed inside of the house to prevent
further visual intrusion upon the surrounding neighborhood.
E. Any issues related to interference impacts upon electronic and other types of
equipment, and actual or perceived effects upon human health, are strictly within the
purview of the FCC, since Telecommunications Act of 1996 prohibits the City 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 [FCC's] regulations
concerning such emissions "
F. The proposed use—as conditioned—is not contrary to the General Plan. The
subject property and the Grandview neighborhood are designated Residential, 4-6
DU/acre, which is a land use designation intended to accommodate medium -density
neighborhoods of detached, single-family homes and related accessory uses and
structures No evidence has been provided that the owner has ever resided at the
existing home, and this property has not been occupied for at least the past three
and one-half years, the property has not been maintained in a manner consistent
with the quality of the surrounding neighborhood, and the residential character of the
neighborhood has been eroded by the increasing deterioration and
commercialization of this site. To prevent the proposed commercial use of the
property from exacerbating the substandard condition of the residence, and to
ensure that the proposed use is consistent with the General Plan, the approval of
the proposed project includes conditions to address these deficiencies, some of
which were suggested by the applicant's representative, to require the home to be
occupied and maintained appropriately, and to require the removal of most of the
visible exterior evidence of the commercial use of the property. These conditions
will allow for the provision of wireless telecommunications services at this location,
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while minimizing the visual and aesthetic impacts of this commercial wireless
operation on the surrounding residential neighborhood
G 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
H Conditions of approval, which the Planning Commission finds to be necessary to
protect the health, safety and general welfare, have been imposed and include (but
are not limited to) removal of all but two (2) of the existing eight and one-half feet -
long roof -mounted antenna masts and two of the television antenna(e) and painting
the remaining roof -mounted antennae and masts and prohibiting any further
modifications to them without the modification to this conditional use permit;
requiring all other existing and any future antennae to be located inside of the
house, limiting regular maintenance hours to 8 00 AM to 5 00 PM, Monday through
Friday; requiring the property to be landscaped and painted and occupied by a full-
time resident; requiring the applicant to obtain and maintain a valid business license,
and reviewing the project for compliance with all conditions of approval within six (6)
months of the date of the City's final action on the application
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, are not applicable
because the proposed project does not involve the construction or placement of a
new antenna tower, and there is no antenna tower currently located on the subject
property
J By permitting some of the existing antennae to remain on the roof of the residence,
and by permitting commercial antennae to be located in the interior of the residence,
the City is facilitating the provision of personal wireless services to the surrounding
community Placement of additional antennae within the residence appears to allow
effective transmission of radio signals, because the applicant's representative
testified that he installed antennae in the interior of the house in 1998, and that
those antennae have been used to broadcast commercial radio transmissions from
1998 to the present.
Section 2. The Planning Commission finds that the proposed project—as
conditioned—qualifies for a Class 1 categorical exemption from the provisions of the
California Environmental Quality Act (CEQA) under Section 15301 The exemption applies
to alterations to existing minor structures and uses "involving negligible or no expansion of
use beyond that existing at the time of the lead agency's determination " As conditioned,
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the existing roof -mounted antenna support structure and array would be modified so that
most of the antennae are removed and relocated to the inside of the house, and the
negative aesthetic impacts of the existing antennae are minimized Without the imposition
of this condition and the removal of the antennae and other elements that have been added
to the property since the submittal of the application to the City, the Planning Commission
would not be able to find this proposed project exempt from the requirements of CEQA.
Section 3. The Planning Commission finds that the approval of Conditional Use
Permit No 230—as modified and conditioned—is consistent with the City's Wireless
Communications Antenna Development Guidelines
Section 4: The Planning Commission finds that the approval of Conditional Use
Permit No 230—as modified and conditioned—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, accompanied by the payment of the appropriate appeal fee, no
later than fifteen (15) days following November 15, 2001, 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, the testimony and evidence presented at the public hearing,
the Minutes and the other records of this proceeding on file with the City, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit
No 230, thereby approving the commercial use of interior antennae and related support
structures and equipment on the site of a single-family residence, located at 26708 Indian
Peak Road, in the Grandview community, subject to the conditions contained in Exhibit'A',
attached hereto and made a part hereof by this reference, which are necessary to protect
the public health, safety and welfare
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E
v
PASSED, APPROVED, AND ADOPTED this 15th day of November 2001, by the following
vote*
AYES Chairman Lyon, Commissioners Long, Mueller, Paulson and
Vannorsdall
NOES- none
ABSTENTIONS none
ABSENT: Vice Chairman Clark, Commissioner Cartwright
Joll Rous, Aidp
DA ctor of la ping, Building and
ode Enforc meat, and, Secretary
to the Planning Commission
Frank Lyon /
Chairman
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 230
(26708 Indian Peak Road)
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 use of interior antennae and related support structures and
equipment on the site of a single-family residence in the Grandview community for
commercial purposes The commercial use of the property is conditioned upon the
following modifications -
a The roof -mounted equipment shall consist of a maximum of two vertical
masts, each of which shall not exceed eight and one-half (8'/z) feet in height,
as measured from the point where the mast meets the roof surface
b Each of the two masts may have up to four (4) antennae affixed thereon,
similar to those that currently are present at the site, provided that they do
not extend any higher than the mast itself and that each antenna or radiating
element does not project more than two feet horizontally from the center of
the mast
c In addition, the two (2) existing television antennae also may remain on the
roof of the residence, so long as they do not exceed eight and one-half (8 Y2)
feet in height, as measured from the point where they are attached to the roof
surface, that the horizontal boom of each antenna does not exceed six feet in
length, that no radiating element or antenna attached to the boom exceeds
two feet in length, and that all of the antennae and support structures on the
property are maintained in compliance with the Municipal Code
d The Director of Planning, Building and Code Enforcement shall review the
exterior masts and antennae to ensure compliance with this condition Any
additional antennae, masts or other antenna support structure(s) shall be
placed inside of the house and, provided that they are completely located
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inside of the house, they shall not require further approval or modification of
this conditional use permit.
The Director of Planning, Building and Code Enforcement is authorized to make only
minor modifications to the approved plans and any of the conditions of approval, and
only if such modifications will achieve substantially the same results as would strict
compliance with the approved plans and conditions Otherwise, any substantive
change, such as the enlargement, expansion or addition to, the two exterior masts
and antennae that this approval allows outside of the existing residential structure
shall require approval of a revision to Conditional Use Permit No 230 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 RS -5 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 duly noticed public hearing on the matter
5 If the necessary modifications to site, the house and the existing roof -mounted
antenna support structure and array, as specified by these conditions of approval,
have not been made within ninety (90) days of the date of the City's final action on
this application, 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
Planning Commission
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 The applicant shall submit a plan depicting the roof -mounted masts and antennae
that may be retained or erected pursuant to this approval, within (90) ninety days of
the date of the City's final action on this application The applicant shall obtain a
building permit and any other approval required by the Building Code to modify or
construct the masts and attached antennae on the property
8 Unless otherwise modified by these conditions, all conditions of approval for Site
Plan Review No 8736—for the 198 -square -foot storage room addition—and Minor
Exception Permit No 555—for a front -yard fence in excess of the 42 -inch height
limit—remain in full force and effect.
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9. Pursuant to Section 17 76 020(A)(4)(c) of the City's Municipal Code, the
applicant/landowner shall agree, in writing, to cooperate in possible future co -
location of additional wireless communications facilities on this site Under the terms
of this agreement, the applicant/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
10. The roof -mounted antennae and masts that are hereby approved shall be painted a
color that helps to camouflage them against the background sky. The color shall be
approved by the Director of Planning, Building and Code Enforcement before the
antenna support structure and array are painted. Painting shall be completed and
inspected by the Director within ninety (90) days of the date of the City's final action
on this application
11. The two roof -mounted masts and the two television antennae approved by this
resolution shall not be increased or expanded without the advance approval of the
Planning Commission, including, but not limited to, any additional antennae, masts,
antennae support structures, antenna assemblies or radiating elements of any kind.
Existing masts and antennae that are permitted by this approval may be removed
and replaced for maintenance and/or repair as long as the replacement masts or
antennae are the same or less in height, length and mass and in the same location
as the approved masts and antennae, and provided that the total number of masts
and antennae is not increased
12. Notwithstanding Condition No 11 above, within ninety (90) days of the date of the
City's final action on this application, the applicant shall remove all existing masts,
antennae, horizontal support structure, pipes, ducts and other components of the
roof -mounted antenna assembly that are not expressly approved by this Resolution
Any other antennae and antenna support structures either shall be removed or
relocated inside the house
13. Except in case of emergency, regular maintenance of the antennae and related
support equipment and structures shall only occur between the hours of 8.00 AM
and 5 00 PM, Monday through Friday
14 All service vehicles related to the maintenance of the antennae shall be parked off-
street in the driveway or garage of the house. No more than two (2) service vehicles
are allowed on the site at any time.
15 Any new antennae and related support equipment and structures shall be located
inside of the house. No new exterior building -mounted antennae or support
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structures will be allowed without approval of a modification to this conditional use
permit by the Planning Commission
16 The support equipment for the antennae on the site, including air conditioning units,
shall not generate noise levels in excess of 65 db, as measured at the property line
of the subject property Any 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.
17 The operation of antennae on the site shall at all times comply with the
requirements, standards and regulations of the Federal Communications
Commission (FCC)
18 Within ninety (90) days of the date of the City's final action on this application, the
exterior appearance of the house and site shall be brought into consistency with
neighborhood standards by•
a Painting the exterior of the house and garage, and,
b Landscaping the front yard area, and maintaining the landscaping in a neat
and thriving condition
19 Within ninety (90) days of the date of the City's final action on this application, the
property shall be occupied by the owner, or some other person chosen by the
owner, as that person's primary residence The necessary improvements to make
the house habitable shall be completed within the initial 90 -day period—including a
functional kitchen, toilet and bathing facilities and utility connections for gas,
electricity, water and sewer—and shall be maintained continuously
20 Within ninety (90) days of the date of the City's final action on this application, the
house shall be equipped with smoke alarms and fire extinguishers, including those
areas where the commercial power supplies, transmitters and other related
equipment are kept.
21 Within ninety (90) days of the City's final action on this application, the applicant
shall obtain a business license from the City A valid City business license shall be
maintained at all times while commercial radio transmissions occur from the
property
22 At approximately six (6) months from the date of the City's final action on this
application, the Planning Commission shall review the project for conformance with
the conditions of approval, and determine if any conditions of approval need to be
added, deleted or modified, or if the permit should be revoked Within the initial 6-
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month permit period, the applicant shall be responsible for completing all of the site
and use modifications described in this Resolution. Failure to fulfill these conditions
may lead to the revocation of this permit during the 6 -month review process by the
Planning Commission.
M \Projects\CUP 230_EA 744 (Kay)\PC Resolution 2001-43 doc
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