PC RES 2003-024P.C. RESOLUTION NO. 2003-24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT CASE NO. ZON2003-00019
TO ALLOW THE INSTALLATION OF TWELVE (12) 48"
HIGH PANEL ANTENNAS ON THE FAQADE OF THE
EXISTING BUILDING, TWO CONDENSING UNITS ALONG
THE EAST SIDE OF THE EXISTING BUILDING, ON THE
GROUND LEVEL, AND THE CONSTRUCTION OF AN
EQUIPMENT ROOM WITHIN THE EXISTING BASEMENT
OF THE BUILDING, ON PROPERTY LOCATED AT 29000
S. WESTERN AVENUE
WHEREAS, on January 14, 2003, the applicant, Nextel Communications,
submitted applications for Conditional Use Permit and Environmental Assessment Case
No. ZON2003-00019 to allow the installation of twelve panel antennas, two condensing
units, and one equipment room; and,
WHEREAS, on May 5, 2003, the applications for Conditional Use Permit and
Environmental Assessment Case No ZON2003-00019 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 Regulation, 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
Environmental Assessment No. ZN2003-00019 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, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on May 27, 2003, 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 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
PC. Resolution No 2003-24
Page 1 of 4
use with those on adjacent land and within the neighborhood because the proposed
project complies with the City's development standards for commercial antenna
installations, the proposed antennas and support equipment do not encroach into any
required setback areas or exceed the height of the existing building; there is adequate
off-street parking to meet the requirement for two (2) off-street parking spaces for
maintenance and service vehicles; and the antennas do not require special markings or
lighting to comply with Federal Aviation Administration (FAA) requirements
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 subject property is served by Western Avenue, which are public streets that are fully
improved with curbs and sidewalks, and the only additional traffic expected to result
from the proposed project is an occasional service vehicle for Nextel Communications.
Section 3: There will be no significant adverse effect on adjacent property or
the permitted use thereof because the proposed project involves only minor physical
modifications to the existing site, the support equipment would not generate any
significant noise and the screening of the panel antennas to match the texture and color
of the "tower" features would minimize their visual impacts In regards to radio
frequency emissions, the City is prohibited 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 [Federal Communications] Commission's regulations concerning such
emissions," pursuant to the Telecommunications Act of 1996
Section 4: The proposed use is not contrary to the General Plan because the
subject property is designated Commercial -Retail, which states that "[commercial] uses
tend to have environmental impacts unless they are small in scale and very carefully
designed"; and the implementation of screening techniques (i e., screening the antenna
panels with screening canisters, locating the condensing units in a location that is not
readily visible from the street of access and locating the equipment room within the
existing building) is consistent with the Commercial -Retail land use designation and with
other General Plan goals and policies calling upon the City to "ensure adequate public
utilities and communications 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 impacts of many
infrastructure facilities and networks "
Section 5: The site is not within any of the overlay control districts, so there is
no need to ensure that the proposed use complies with the requirements of the chapter.
Section 6: Conditions of approval, which the Planning Commission finds to be
necessary to protect the health, safety and general welfare, have been imposed and
include screening the proposed panel antennas to match the texture and color of the
P C. Resolution No. 2003-24
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"tower" features in order to reduce their visual impact, ensuring that the proposed panel
antennas and screening canisters will not extend higher than the existing building to
protect views from surrounding properties, prohibiting the use of a back-up generator for
auxiliary power so as to avoid significant noise impacts, and limiting construction hours
the City's standard days and hours (i.e., 7:00 AM to 7:00 PM, Monday through Saturday
only).
Section 7: The approval of Conditional Use Permit Case No ZON2003-00019
is consistent with the City's Wireless Communications Antenna Development
Guidelines.
Section 8: The approval of Conditional Use Permit Case No. ZON2003-00019
is consistent with the zoning and land use authority reserved to the City pursuant to the
Telecommunications Act of 1996
Section 9: 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(N) 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 May 27, 2003, the date of the Planning Commission's final action.
Section 10: 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 approves Conditional
Use Permit Case No. ZON2003-00019 thereby approving the installation of twelve (12)
48" high panel antennas on the facade of the former Fidelity Bank Building, the
installation of two (2) condensing units along the ground level of the east side of the
existing building, and the construction of a new equipment room within the existing
basement of the building, on property located at 29000 S. Western Avenue, subject to
the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which
are necessary to protect the public health, safety and welfare in the area
P.C. Resolution No. 2003-24
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PASSED, APPROVED, AND ADOPTED this 27th day of May, 2003, by the following
vote:
AYES: Commissioners Cote, Lyon, Duran Reed, Tomblin, Cartwright, and
Chairman Long
NOES. None
ABSTENTIONS None
ABSENT: Vice Chair Mueller
Thomas Long
Chairman
n
CUE
Joel kbjas-, AICD
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P C Resolution No. 2003- 24
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EXHIBIT `A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. ZON2003-00019
1 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 statement shall render this approval
null and void
2 This approval is for the installation of twelve (12) 48" high panel antennas on
the facade of the existing building Specifically, this approval allows the
installation of four (4) panel antennas on the north fagade of the north "tower"
feature, four (4) panel antennas on the south fagade of the "tower" feature,
and four (4) panel antennas on the west fagade of the south "tower" feature
Additionally, this approval is for the installation of two(2) condensing units on
the east (rear) side of the existing building at ground level, and the
construction of an equipment room within the existing basement of the
building
3 The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved plans and any 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 shall require approval of an amendment to
Conditional Use Permit Case No ZON2003-00019 by the Planning
Commission and shall require a new and separate environmental review
4 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
CG district development standards of the City's Municipal Code
5 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 public hearing on the matter
6 If the proposed facility has not been established (i a building permits
obtained) within one (1) year of the effective date of this resolution, or if
construction has not been completed within one hundred eighty (180) days of
the issuance of building permits, 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 Otherwise, a conditional use permit
revision must be approved prior to further development.
Exhibit "A ,
PC Resolution No 2003-24
Page 1 of 4
7. In the event that any of these conditions conflict with the recommendation
and/or requirements of another permitting agency or City Department, the
stricter standard shall apply.
8. Unless otherwise designated on these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped
with the effective date of this approval
9. 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,
11 The applicant shall obtain all required permits, including demolition permits,
building permits, electrical permits, etc from the Building and Safety Division
12.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
13 Construction of the project shall substantially conform to the plans stamped
as approved by the Planning Department with the effective date of this
approval.
14. PRIOR TO THE ISSUANCE OF BUILDING PERMIT, 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 of information
from a potential shared -use applicant, and
b Negotiate in good faith for shared use by third parties
15. The new panel antennas shall be screened with canisters that cover the
panels.
16 The screening canisters shall be consistent with the exterior material and the
color of the "tower" features where they are located, and shall be maintained
so as to continue to match the "tower" feature in the future.
17.The new panel antennas and screening canisters shall not exceed the height
of the existing building
Exhibit `W'
P.C. Resolution No, 2003-24
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18 The new condensing units shall be located along the east facing facade of the
existing building, so it is not visible from the street of access.
19 PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the applicant shall
submit a landscape plan for review and approval by the Director of Planning,
Building and Code Enforcement, indicating how the two condensing units
located on the ground level will be screened from view PRIOR TO THE
FINAL OF THE BUILDING PERMIT, and subject to review by the Director of
Planning, Building, and Code Enforcement, the landscaping shall be installed,
sufficiently grown to screen the condensing units from the parking lot.
20 The new equipment room shall be entirely located within the existing
basement of the budding, and shall not alter the exterior of the building The
new equipment room shall not be visible from the exterior of the building
21 The equipment room shall not be moved to the exterior of the building without
prior approval from the Planning Commission
22. No cable trays shall be allowed on the exterior fagade of the existing building
The cable trays proposed on the roof shall be flush -mounted on the roof, and
shall be mounted behind the existing parapet wall and not be exposed to the
public
23. The wires and cables to the antenna panels shall not be exposed
24 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 temporary
back-up generator during emergencies or extended power outages is
permitted, provided that the generator does not exceed 65 DBA, as measured
from the closest adjacent property line.
25 The exterior maintenance lights within the equipment enclosure shall be
"downcast" fixtures and will only be illuminated if emergency nighttime
maintenance work is necessary. All routine maintenance and repair work
shall occur during daylight hours. All exterior lighting shall conform to the
provisions of Section 17 56 040 of the Rancho Palos Verdes Development
Code.
26 The support equipment shall not generate noise levels in excess of 65 DBA,
as measured from the property line of the subject property. Any additional
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
Exhibit `W'
P.C. Resolution No. 2003-24
Page 3 of 4
27.The applicant shall submit periodic updates on wireless communications
technology to the Director of Planning, Building, and Code Enforcement. The
purpose of these updates is to identify both new and emerging technologies,
as well as outdated or obsolete technologies whose facilities and
infrastructure could be replaced or removed The frequency of these updates
shall be every 3 years to 5 years or as needed, to be determined by the
Director.
28 PRIOR TO THE FINAL OF THE BUILDING PERMITS, Staff shall conduct a
site visit to ensure that the antenna panels are screened and the screening
canisters are textured and painted to match the "tower" features they are
located on.
Exhibit "A"
P.C. Resolution No. 2003-24
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