PC RES 2002-027P.C. RESOLUTION NO. 2002-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT (CASE NO. ZON2002-00341),
THEREBY APPROVING THE INSTALLATION OF
COMMERCIAL ANTENNA PANELS AND RELATED
SUPPORT EQUIPMENT AT THE PORTUGUESE BEND
FIELDS, LOCATED AT 32201 FORRESTAL DRIVE
WHEREAS, on July 5, 2002, the applicant, Verizon Wireless, submitted an
application for a conditional use permit and environmental assessment (Case
No ZON2002-00341) to the Department of Planning, Building and Code Enforcement for
the installation of commercial antenna panels and related support equipment at the
Portuguese Bend Fields; and,
WHEREAS, on August 22, 2002, the applications for Case No. ZON2002-00341
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 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
protect 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 and adjacent properties 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 Forrestal Drive, which is a public residential street Aside from
normal traffic associated with the use of the existing game fields, 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 fence for the installation of
the antenna panels. Once the antenna panels and equipment are installed, they will
not be readily visible from nearby homes or from public trails in the Forrestal
Preserve 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 such as game fields. The existing game
fields 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 a recreational facility The imposition of conditions of approval will
minimize the visual impacts of the proposed antenna panels. 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 project site is located within the Natural (OC -1) and Urban (OC -3) overlay
control districts established by RPVDC Chapter 17.40 (Overlay Control Districts).
The proposed project is consistent with all of the applicable performance criteria for
both of these overlay control districts
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
P C Resolution No. 2002-27
Page 2 of 7
are not limited to) painting the antenna panels to blend with the existing fence and
surrounding foliage; requiring the surrounding foliage to be maintained to provide
visual screening; 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, fencing and 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
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
P C Resolution No. 2002-27
Page 3 of 7
(Case No. ZON2002-00341), thereby approving the installation of commercial antenna
panels and related support equipment at the Portuguese Bend Fields, located at 32201
Forrestal Drive, 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.
PASSED, APPROVED, AND ADOPTED this 10th day of September 2002, by the following
vote:
AYES: Chairman Cartwright, Commissioners Cote, Duran Reed, Lyon and
Tomblin
NOES. none
ABSTENTIONS* none
ABSENT: Vice Chairman Long and Commissioner Mueller
J041 Rjas, Aicp
Dir kctor of Plan In Building and
rcemen
Codbr"Enfo and, Secretary
to the Planning Commission
P.0 Resolution No 2002-27
Page 4 of 7
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR PLANNING CASE NO. ZON2002-00341
(Verizon/PVPUSD, 32201 Forrestal Drive)
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 eight (8) commercial antenna panels and
related support equipment on the site of the Portuguese Bend Fields adjacent to the
City's Ladera Linda Community Center 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 project 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 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.
P.0 Resolution No. 2002-27
Page 5 of 7
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
fencing 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. 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.
10. The fence -mounted antenna panels that are hereby approved shall be painted a
color that helps to camouflage them against the fence and surrounding foliage. The
color shall be approved by the Director of Planning, Building and Code Enforcement
before the antenna panels are painted.
11. The applicant and the property owner shall be responsible for protecting and
maintaining the existing foliage adjacent to the fence in order to provide visual
screening of the antenna panels, both during construction and after completion of
the project.
12. The height and location of the existing 13 -foot -tall fence shall not be altered as a
result of the installation of the approved antenna panels, as depicted on the
approved plans
13 The 675 -square -foot lease area containing the support equipment shall be enclosed
with an opaque, 8 -foot -tall screen fence, as depicted on the approved plans. If
P.C. Resolution No. 2002-27
Page 6 of 7
desired by the property owner and applicant, or if required by the City in order to
further screen the equipment from view from surrounding properties, trails and
rights-of-way, the applicant shall be responsible for planting additional landscape
screening and/or modifying the equipment enclosure with a trellis or similar type of
cover, subject to the review and approval of the Director of Planning, Building and
Code Enforcement.
14 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.
15 All service vehicles related to the maintenance of the antennae shall be parked off-
street on the site, either in the parking area adjacent to the tennis courts at the
Ladera Linda Community Center or in the dirt area at the end of the access road
adjacent to the softball backstop at the Portuguese Bend Fields. No more than two
(2) service vehicles are allowed on the site at any time. Except in case of
emergency or for the installation or replacement of large pieces of equipment,
service vehicles shall not be driven onto the playing fields If service vehicles are
driven onto the playing fields in case of emergency or for the installation or
replacement of large pieces of equipment, they shall be restricted to areas behind
the softball backstop and along the fence line at the southerly edge of the fields, as
depicted on the approved plans.
16. 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.
17 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.
18. The operation of antennae on the site shall at all times comply with the
requirements, standards and regulations of the Federal Communications
Commission (FCC).
M 1Projects\ZON2002-00341 (Verizon-PVPUSD, 32201 Forrestal Dr)\PC Resolution 2002-27 doc
P.C. Resolution No. 2002-27
Page 7 of 7