PC RES 2004-016P.C. RESOLUTION NO. 2004-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING CASE NO.
ZON2004-00003 FOR A CONDITIONAL USE PERMIT, THEREBY
ALLOWING A PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY
ON AN EXISTING UTILITY POWER POLE, AND A GROUND -MOUNTED
EQUIPMENT CABINET ADJACENT TO AN EXISTING CONCRETE TANK
ON PRIVATE PROPERTY LOCATED AT 3960 CREST ROAD (APN 7558-
001-002), KNOWN AS THE CALIFORNIA WATER SERVICE COMPANY
SITE.
WHEREAS, on January 6, 2004, SureSite Consulting Group, LLC, representing
Sprint PCS and property owner California Water Service, submitted a Conditional Use
Permit application (hereinafter referred to as Case No. ZON2004-00003) for a personal
communications system (PCS) on an existing utility power pole and support equipment on
California Water Service property located at 3960 Crest Road, and,
WHEREAS, on January 27, 2004, Case No ZON2004-00003 was deemed
incomplete by Staff pending the submittal of additional information, and,
WHEREAS, after the submittal of additional information required by Staff, Case No
ZON2004-00003 was deemed complete on March 1, 2004; 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 Case No. ZON2004-00003 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, on April 13, 2004, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed public
hearing to consider Case No. ZON2004-00003.
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 said use and
for all the features required by Title 17 and by conditions imposed to ensure that the
proposal does not negatively impact abutting land uses and those within the neighborhood.
The location of the proposed antennae and related mechanical equipment do not require a
new tower, adequate parking for the antenna facility is provided in compliance with the
P.C. Resolution No. 2004-16
Page 1
minimum required; and screening for the antennae and equipment are inherent in the
location of the pole and the features of the property.
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 site is
served by Crest Road, which is a public street that terminates at the subject property. The
proposed use will generate negligible additional trips to and from the site, and there will be
no adverse effect upon existing levels of service for abutting public streets or nearby
intersections.
Section 3: There will be no significant adverse effect on adjacent property or the
permitted use because the antennae will not increase the height of the power pole, the
power pole and antennae are in a remote location of the property so that it is not visible
from adjacent property, and adequate foliage exists to screen the antennae and equipment.
Further, the cable tray and cross -arm are wood that is consistent with the existing wooden
utility pole Lastly, the related mechanical equipment cabinet will contain additional low -
growth foliage to provide additional screening from public rights-of-way and adjacent
property.
Section 4: 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"; and is consistent with the intent
and purpose of the Commercial Antenna Section of the Development Code to "maximize
use of existing transmission or relay tower to minimize the need to construct new towers."
Section 5: Conditions have been imposed to protect the health, safety and
i
general welfare, which,, includes buffers and landscaping, maintenance of structures, and
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 the City's Development
Code, as identified in Exhibit "A" hereto.
Section 6: The proposed antenna facility is consistent with the Wireless
Communications Antenna Development Guidelines adopted on May 27, 1997 by the
Planning Commission since, the application is be processed expeditiously, the proposal
includes using an existing pole on a non-residential structure that can accommodate co -
locations, there is no view impairment and no significant adverse effects upon the public
that would be disproportionate to the property owners benefit from the proposal, and the
facility is screened by the existing features of the site and by the remote location of the
facility.
Section 7: The City's review of Case No. ZON2004-00003 is consistent with the
local zoning authority reserved to the City under the Telecommunications Act of 1996.
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Section 8: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.60.060 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 April 13, 2004, the
date of the Planning Commission's action.
Section 9: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No ZON2004-00003, subject to the conditions of
approval contained in the attached Exhibit "A", attached hereto and made a part hereof,
which are necessary to protect the public health, safety, and welfare
PASSED, APPROVED, and ADOPTED this 13th day of April 2004 by the following
roll call vote
AYES Cote, Gerstner, Karp, Knight, Mueller, Tetreault, Van Wagner
NOES. None
ABSTENTIONS None
ABSENT: None
Craig Wueller
Chairman
Jel ojas, A P
?
ire for of PI n ng, Building and
CVe Enforcement; and, Secretary
to the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
CASE NO. ZON2004-00403
(CONDITIONAL USE PERMIT)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
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 approval. Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void
2. This approval is for two (2) antenna panels and RF unit mounted on an existing utility
pole adjacent to the southernmost concrete tank, and a ground -mounted equipment
cabinet An 8 -foot long wooden cross -arm will support the two (2) antenna panels, and
shall be constructed at a height of 26'-4" as measure from the base of the pole. Thus,
the overall height to the top of the antenna panels shall be 26'-4", and shall not increase
the height or dimensions of the existing utility pole. SUBJECT TO REVIEW AND
APPROVAL BY THE CITY'S BUILDING OFFICIAL, A HEIGHT CERTIFICATION IS
REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO
BUILDING PERMIT FINAL.
3. The cross -arm that supports the antenna panels shall be of wood and painted to match
the existing wooden utility pole. Further, the cross -arm shall be constructed at a
maximum height of 26'-4", and measure a maximum 8 -feet in length. Any future
modifications to enlarge the cross -arm or increase the height shall require review by the
City's Planning Commission.
4 One antenna panel shall be mounted on each side of the cross -arm, and on separate
sides of the power pole, to produce symmetry of the pole.
5 Each antenna panel shall contain a maximum dimension of 26 -inches square and 18 -
inches in depth. Any future modifications to enlarge the antenna panels or increase the
quantity of antennae shall require review by the City's Planning Commission
6 The RF unit shall maintain a maximum dimension of V-8" wide by 3 -feet tall by 1 -foot
thick, and shall be mounted on the pole no higher than 8 -feet as measured from the
base of the pole to the bottom of the RF unit.
7. Although approval is granted for the installation of a power back-up cabinet, the power
back-up shall not be used as a permanent source of power. Use of the power back-up
equipment shall be limited to emergencies, extended power outages, or maintenance of
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the facility, and shall not exceed 65 decibels as measured from the closest adjacent
property line.
8. 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
9. If the facility has not been established (i.e., plans submitted to Building and Safety for
"plan check") within one year of the approval of this permit by the Planning Commission,
the approval shall become null and void, unless 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
10 The applicant shall obtain all required permits, from the Building and Safety Division.
11. 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.
12.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 These
limitations also apply to maintenance of the facility.
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
Prior to Building Permit Issuance:
14. 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 for information from a
potential shared -use applicant; and
b) Negotiate in good faith for shared use by third parties.
Copies of said agreements shall be provided to the City prior to issuance of a building
permit
Prior to BuHaVga Permit Final, Planning Staff shall verify the following:
15. That the cable tray used to screen the power cables for the antenna panels are
P.C. Resolution No 2004-16
mounted flush to the utility pole, and that the material and color of the cable tray is
consistent with the color and material of the existing wooden utility pole upon which the
antennae are mounted
16 That the color and material of the new cross -arm is consistent with the color and
material of the existing wooden utility pole upon which the antennae are mounted
17 The antenna panels and RF unit shall be painted in a natural earth tone color to blend
with the immediate surrounding environment.
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