PC RES 2012-020 P.C. RESOLUTION NO. 2012-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT REVISION (ZON2OI2-00305),
ALLOWING SPRINT PCS TO REPLACE TWO EXISTING PANEL
ANTENNAS AND RELATED EQUIPMENT IN THE SAME GENERAL
LOCATION ON AN EXISTING COMMERCIAL BUILDING LOCATED AT
29000 WESTERN AVENUE.
WHEREAS, on June 26, 2001, the Planning Commission adopted Resolution No. 2001-
14, thereby approving Conditional Use Permit (CUP) No. 224, allowing Sprint PCS to mount
four antenna panels, one GPS antenna, and five equipment cabinets on the rooftop of the
existing commercial building located at 29000 Western Avenue; and,
WHEREAS, on May 27, 2003, the Planning Commission adopted Resolution No. 2003-
19, thereby approving a CUP, allowing Nextel Communications to mount twelve panel antennas
to the rooftop, install two condensing units and construct an equipment room within the
basement of the same existing commercial building; and,
WHEREAS, on February 23, 2009, the Planning Commission adopted Resolution No.
2010-06, thereby approving a CUP revision, allowing Sprint/Nextel to replace three existing
panel antennas and install three microwave dish antennas behind existing parapet walls on the
rooftop of an existing commercial building; and,
WHEREAS, on September 18, 2012, Capital Tower Group, representing Sprint PCS,
submitted a Conditional Use Permit revision requesting to replace two existing antennas and
equipment in the same general size and location on an existing commercial building; and,
WHEREAS, on September 20, 2012, the application was deemed incomplete due to
missing information; and,
WHEREAS, the applicant submitted the remaining information and the project was
deemed complete October 15, 2012; 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), the Planning Commission found no evidence that the Conditional Use Permit
revision will have a significant effect on the environment and, therefore, the proposed project
has been found to be categorically exempt under Class 1 (Section 15301); and,
WHEREAS, after notice issued on October 18, 2012, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on November 27, 2012, 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:
P.C. Resolution No. 2012-20
Page 1 of 6
Section 1: That the proposed project includes the replacement of two existing
antennas and equipment on the rooftop of an existing commercial building located at 29000
Western Avenue.
Section 2: That 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 this title (Title 17 --- Zoning) or by conditions imposed under this section (RPVMC
17.00.050) to integrate said use with those on adjacent land and within the neighborhood. More
specifically, the new antennas are proposed in the same location as the existing antennas and
therefore no additional space will be required. One of the new antennas will be located within
an existing screening enclosure and the other will be located in front of an existing parapet wall
that will match the color of the building. Additionally, the new equipment will be located in the
same area as the existing equipment within the existing roof well.
Section 3: That 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 there will
be no additional traffic generated by the proposed project since it will be included as part of the
monthly routine maintenance schedule for the existing antennas and equipment.
Section 4: That in approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use thereof because the
proposed project will not be readily visible or be near to any public right-of-ways and
neighboring properties due to the proposed location and screening methods. More specifically,
one of the proposed antennas will be located within an existing screening enclosure at the top of
the building and the other will be located in front of an existing parapet wall on the rooftop,
painted to match the exterior color of the building. Additionally, the new equipment will be
located within an existing roof well and below the height of the existing parapet walls.
Section 5: That 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, in order to reduce the visual impact of many
infrastructure facilities and networks". Additionally, the proposed project is consistent with the
underlying land use designation of Commercial General and does not adversely impact any
views from public right-of-ways or neighboring properties because the visual impacts of the
additional antennas will be less than significant as they will be in the same locations as the
existing antennas, which will be disguised to match the existing building. Furthermore, the new
equipment will be located within an existing roof well and below the existing parapet walls.
Section 6: That the subject site is not located within any of the Overlay Control
Districts.
Section 7: That conditions regarding any of the requirements listed in this paragraph,
which the Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed (including but not limited to): setbacks and buffers; fences or walls;
lighting; vehicular ingress or egress; noise, vibration, odors and similar emissions; landscaping;
maintenance of structures, grounds or signs; service roads or alleys; and such 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 this title (Title 17 —Zoning), as described in
the conditions of approval of the attached Exhibit 'A.' More specifically, the proposed antenna
P.C. Resolution No. 2012-20
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panels and support equipment comply with both the development standards of the Commercial
General district and the special standards for commercial antennae from RPVMC Section
17.76.020. Additionally, the size, placement and screening methods for the proposed project
are such that additional conditions are not necessary to reduce visual impacts.
Section 8: That the approval of the proposed project is consistent with the City's
Wireless Communications Antenna Development Guidelines because this permit request is
being heard by the Planning Commission less than sixty (60) days from the date it was deemed
complete by the City; the proposed antennas and support equipment will be located on an
existing commercial building; the proposed antennas will be co-located on the rooftop of an
existing building that house antennas from other carriers; the location and design of the
antennas and related equipment preserves view corridors; there is a balance of public and
private costs and benefits; the applicant has submitted a network master plan; a periodic update
on wireless communications technology is being required; the screening of support equipment is
adequate; and the issuance of the permit is being granted for a 10-year period.
Section 9: That the approval of this Conditional Use Permit revision is consistent
with limitations on local zoning authority imposed by the Telecommunications Act of 1996
because the City's conditional approval of this permit does not unreasonably discriminate
among providers of functionally-equivalent services, or prohibit or have the effect of prohibiting
the provision of personal wireless services; the City has acted upon this request within a
reasonable period of time after the request was duly filed, considering its nature and scope; the
decision to approve this permit has been made and supported by substantial evidence
contained in a written record; and the City's conditional approval of this request has been made
irrespective of any actual or perceived environmental effects attributable to radio frequency
emissions, to the extent that the proposed project complies with the Federal Communications
Commission's regulations concerning such emissions.
Section 10: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, December
12, 2012. An appeal fee must accompany any appeal letter. If no appeal is filed timely, the
Planning Commission's decision will be final at 5:30 PM on December 12, 2012.
Section 11: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a Conditional
Use Permit revision, allowing Sprint PCS to 1) replace an existing 4'-6" tall antenna located
behind an existing enclosure at the top of the building with a new antenna of the same size, 2)
replace an existing 4'-6" tall antenna in front of an existing parapet wall on the rooftop with a
new antenna of the same size, and 3) replace existing antenna equipment with new equipment
within an existing roof well on the rooftop of a commercial building located at 29000 Western
Avenue (Case No. ZON2012-00305), as conditioned in Exhibit 'A'.
P.C. Resolution No. 2012-20
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PASSED, APPROVED AND ADOPTED this 27`h day of November 2012, by the following vote:
AYES: Commissioners Gerstner, Leon, Lewis, Nelson, Chairman Tetreault
NOES: Commissioner Tomblin
ABSTENTIONS: No
RECUSALS: Vice Chairman Emenhiser
ABSENT: No
Paul etreault,
Chairman
Joel Roj.:, AR•P
Commur ity De -lopment a-oartment; and,
Secreta of th- Planning •mmission
P.C. Resolution No. 2012-20
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2012-00305
(Sprint PCS --29000 Western Avenue)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, 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 within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations.
Unless otherwise expressly specified, all other requirements of the City of Rancho Palos
Verdes Municipal Code shall apply.
3. The Community Development Director is authorized to make minor modifications to the
approved plans and any of the conditions of approval 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 by the final body that approved the original project, which may require new and
separate environmental review.
4. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
5. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
6. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution,
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 Community Development Department and
approved by the Director.
7. 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.
8. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
P.C. Resolution No. 2012-20
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immediate construction purposes. Such excess material may include, but not be limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code.
Trucks shall not park, queue and/or idle at the project site or in the adjoining public
rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the
permitted hours of construction stated in this condition.
11. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
12. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by the
City's Building Official. Said portable bathrooms shall be subject to the approval of the
City's Building Official and shall be placed in a location that will minimize disturbance to
the surrounding property owners.
Project Specific Conditions:
13. This approval allows Sprint PCS to:
• Replace an existing 4'-6" tall antenna located behind an existing enclosure at the top of
the building with a new antenna of the same size;
▪ Replace an existing 4'-6" tall antenna in front of an existing parapet wall on the rooftop
with a new antenna of the same size. This antenna will be painted to match the color of
the existing building;
■ Remove an existing 4'-6" tall antenna in front of an existing parapet wall on the rooftop
along with its antenna mount; and,
• Replace existing antenna equipment with new equipment within the existing roof well.
14. The related equipment shall be installed only within the leased area of the equipment
well and shall not exceed the parapet height. All mechanical equipment shall be housed
in enclosures designed to attenuate noise to a level of 65dBA at the project site's
property lines.
15. Sprint PCS shall submit periodic updates on Wireless Communications Technology for
their respective systems to the Community Development Director every five years, from
the date of this approval. These updates shall identify both new and emerging
technologies, as well as outdated or obsolete technologies whose facilities and
infrastructure (i.e. antennae, monopoles, etc.) could be replaced or removed.
16. This approval shall be valid for a period of 10 years from the date of the City's final
action, or until November 27, 2022. The applicant and/or its successor(s) interest may
request an extension of this approval, in writing and accompanied by the applicable fee,
so long as such extension request is filed with the City on or before the date of
expiration.
P.C. Resolution No. 2012-20
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