PC RES 2002-026P.C. RESOLUTION NO. 2002-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT (CASE NO. ZON2002-00160),
THEREBY APPROVING THE INSTALLATION OF
COMMERCIAL ANTENNA PANELS AND RELATED
SUPPORT EQUIPMENT ON THE ROOF OF THE
AUDITORIUM BUILDING AT RIDGECREST INTERMEDIATE
SCHOOL, LOCATED AT 28915 NORTHBAY ROAD
WHEREAS, on April 4, 2002, the applicant, AT&T Wireless, submitted an application
for a conditional use permit and environmental assessment (Case No. ZON2002-00160) to
the Department of Planning, Building and Code Enforcement for the installation of
commercial antenna panels and related support equipment at Ridgecrest Intermediate
School, and,
WHEREAS, on August 19, 2002, the application for Case No ZON2002-00160 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 the approval of the requested conditional use
permit would have a significant effect on the environment and, therefore, the proposed
project was determined by Staff to be categorically exempt (Class 3, Section 15303), 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
September 10, 2002, 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 a conditional use permit to install commercial antenna
panels and related support equipment on the subject property.
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, 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
proposed antenna panels do not require special markings or lighting to comply with
Federal Aviation Administration (FAA) requirements. There is existing foliage on the
subject property that visually screens the antenna panels and support equipment
from many surrounding residences in the neighborhood
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 Northbay Road, which is a public residential street. Aside from
normal traffic associated with the use of the existing school, the only traffic expected
to result from the proposed project is an occasional service vehicle for the user of
the commercial antennae on the site. These visits would be infrequent and would
rarely involve large trucks or other equipment that would adversely affect local traffic
for any extended period of time
C. 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 The proposed project
involves only minor physical modifications to the existing building for the installation
of the antenna panels and support equipment. Once the antenna panels and
equipment are installed, they will be screened by parapet walls that are similar to the
existing roof parapet The height and location of these screening parapet walls will
not create significant view impairment for any nearby residences. The site would be
visited only periodically by service personnel As such, any impacts related to the
installation, maintenance and operation of the existing antennae for commercial
purposes would be expected to be very minor and to have no significant adverse
effects on surrounding properties.
D The proposed use is not contrary to the General Plan The subject property is
designated Institutional -Educational in the City's General Plan. This land use
designation is intended to accommodate public and private educational institutions
and related accessory uses and structures. The existing buildings on the property
are consistent with this designation, and the addition of commercial antennae to the
site will be clearly ancillary to the primary use of the property as an educational
facility. The imposition of conditions of approval will minimize the visual impacts of
the proposed antenna panels and support equipment These conditions will allow
for the provision of wireless telecommunications services while minimizing or
eliminating the visual impacts of the wireless telecommunications facilities
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
P.0 Resolution No. 2002-26
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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 (but
are not limited to) requiring the screening parapet walls to be designed and painted
to match the appearance of the existing roof parapets; limiting regular maintenance
hours to 8*00 AM to 5.00 PM, Monday through Friday; and requiring the applicant to
obtain final approval of the project from the Palos Verdes Peninsula Unified School
District prior to the installation of the antenna panels and related support equipment.
Section 2: The Planning Commission finds that the approval of the requested
conditional use permit is consistent with the City's Wireless Communications Antenna
Development Guidelines because this application is being heard in an expeditious manner
(Guideline No 1), the subject property is a non -single-family site (Guideline No. 2); the
antenna panels and equipment do not adversely impact protected views (Guideline No. 4);
a network master plan, photographic simulations and a full-scale mock-up have been
provided (Guideline Nos. 6 and 7); and the antenna panels and equipment will be screened
with color, a screening parapet and existing foliage (Guideline No. 9).
Section 3: The Planning Commission finds that the approval of the requested
conditional use permit is consistent with the zoning and land use authority reserved to the
City pursuant to the Telecommunications Act of 1996 because the City's regulation of these
commercial antennae does not "unreasonably discriminate among providers of functionally
equivalent services; and [does] not prohibit or have the effect of prohibiting the provision
of personal wireless services"(Subsections 47 U.S.C. 332(c)(7)(13)(i)(1) and (11)); the City
has acted upon this request for "authorization to place, construct, or modify personal
wireless service facilities within a reasonable period of time after the request [was] duly filed
with [the City], taking into account the nature and scope of such request" (Subsection 47
U S.C. 332(c)(7)(B)(ii)), the Planning Commission's decision in this matter has been set
forth "in writing and supported by substantial evidence contained in a written record"
(Subsection 47 U S.C. 332(c)(7)(B)(iii)); and Planning Commission's decision in this matter
has not been made "on the basis of the environmental effects of radio frequency emissions
to the extent that such facilities comply with the Commission's regulations concerning such
emissions" (Subsection 47 U S.C. 332(c)(7)(B)(iv))
Section 4: 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 September 10, 2002, the date of the Planning
Commission's final action.
P.C. Resolution No. 2002-26
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Section 5: 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 a conditional use permit
(Case No. ZON2002-00160), thereby approving the installation of commercial antenna
panels and related support equipment on the roof of the auditorium building at Ridgecrest
Intermediate School, located at 28915 Northbay Road, subject to the conditions contained
in Exhibit W, attached hereto and made a part hereof by this reference, which are
necessary to protect the public health, safety and welfare.
AYES: Chairman Cartwright, Commissioners Cote, Duran Reed, Lyon and
Tomblin
NOES: none
ABSTENTIONS: none
ABSENT: Vice Chairman Long and Commissioner Mueller
Joel rojas, A(CP�
QLiretfor of PI"ning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
ion S. Cartwright
Chairman
P.C. Resolution No. 2002-26
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR PLANNING CASE NO. ZON2002-00160
(AT&T/PVPUSD, 28915 Northbay Road)
General Conditions
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 installation of six (6) commercial antenna panels, screening
parapet walls and related support equipment on the roof of the auditorium building at
Ridgecrest Intermediate School. 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 to the project shall require
approval of a revision to this conditional use permit 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 I (Institutional)
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 approved protect has not been established on the site within one year of the
effective date of the City's final action on this application, approval of the protect
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
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Conditional Use Permit
7. Prior to the installation of the improvements allowed under this permit, the applicant
shall obtain final approval of the plans from the Palos Verdes Peninsula Unified
School District (PVPUSD) Proof of final PVPUSD approval shall be provided to the
Director by the applicant. In the event that final PVPUSD approval involves
substantive changes to the project as approved by the City, the applicant shall be
responsible for obtaining the approval of a revision to this conditional use permit by
the Planning Commission prior to installation of any improvements.
8. The location, height and appearance of the antenna panels, support equipment and
screening parapet installed under this permit shall be substantially the same as
depicted by the approved plans, the photographic simulations and the full-size
mock-ups for this project. The applicant shall provide the Director with copies of the
final construction drawings for review and approval prior to the submittal of these
plans to the Office of the State Architect for building permit plan check.
9. Notwithstanding Condition No. 8 above and the plans reviewed by the Planning
Commission on September 10, 2002, the walls of the screening parapets shall be
angled to match the slope of the existing roof parapets on the auditorium building.
Vertical screening parapet walls will not be allowed. The revised screening parapet
walls shall be depicted on the final construction drawings submitted to the Director
for review and approval.
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 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 screening parapet walls that are hereby approved shall be painted to match the
existing roof and parapets on the auditorium building. The color shall be approved
by the Director of Planning, Building and Code Enforcement before the screening
parapet walls are painted.
12 The screening parapet walls surrounding the antenna panels shall not exceed eight
feet (8) in height above the existing roof parapet The screening parapet wall
surrounding the support equipment shall not exceed four feet (4) in height above the
existing roof parapet The overall height of the rest of the auditorium building shall
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not be altered as a result of the installation of the approved antenna panels and
support equipment, as depicted on the approved plans
13 Except in case of emergency, regular maintenance of the antennae and related
support equipment 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 on the site No more than two (2) service vehicles are allowed on the site at
any time
15 The support equipment for the antennae on the site, including any emergency
generator, 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.
16. No permanent exterior lighting is permitted for the antenna panels or support
equipment. Emergency lighting is only permitted for short, temporary periods of
time in conjunction with emergency repairs or maintenance of the antennae and/or
related support equipment, as deemed appropriate by 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 Prior to the commencement of the use of the antennae permitted by this approval,
the applicant shall provide the City with a diagram (Master Facility Utilization Plan)
depicting the AT&T Wireless service coverage for the Palos Verdes Peninsula after
the installation of this antenna site.
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