PC RES 2015-011 P.C. RESOLUTION NO. 2015-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT (Z0N2015-00112), ALLOWING SPRINT
PCS TO REMOVE EXISTING UNPERMITTED WIRELESS ANTENNAS
AND ASSOCIATED EQUIPMENT AND TO INSTALL TWO NEW PANEL
ANTENNAS AND TWO NEW ANTENNA FILTERS BEHIND AN
EXISTING SCREEN WALL ON THE SANCTUARY BUILDING OF THE
ASCENSION LUTHERAN CHURCH, AND REPLACE WALL MOUNTED
EQUIPMENT CABINETS.
WHEREAS, on July 12, 2005, the Planning Commission adopted Resolution No. 2005-
32, approving Conditional Use Permit No.ZON2005-00114 to allow Sprint PCS to install two
panel antennas and service equipment behind a screened wall on the side of the existing
building; and,
WHEREAS, on August 25, 2005, building permits were issued for the construction of the
wireless facility, however a final inspection was never conducted. Thus, the building permits
expired on April 9, 2008 and the planning entitlements simultaneously became null and void at
the same time. The equipment has remained operational up to this point; and,
WHEREAS, on April 9, 2015, Interlink Planning Group (representing Sprint PCS)
submitted a Conditional Use Permit, requesting to remove existing unpermitted wireless
antennas and to install two new antennas and associated equipment on the sanctuary building
of the Ascension Lutheran Church. The proposed project also includes the installation of two
new antenna filters; and,
WHEREAS, on May 7, 2015, the application was deemed incomplete based on
insufficient information; and,
WHEREAS, on May 22, 2015, upon receiving additional information, the project was
deemed complete; 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 proposed project is categorically exempt under Class 11 (Section 15311); and,
WHEREAS, after notice issued on May 28, 2015, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 23, 2015, 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. 2015-11
Page 1 of 7
Section 1: Approval of a Conditional Use Permit to allow Sprint PCS to remove
unpermitted antennas, and to install two panel antennas and two antenna filters behind an
existing screen wall, and to install wall mounted equipment cabinets, at 26231 Silver Spur Road.
(Ascension Lutheran Church Facility) is warranted because:
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 this
title (Title 17 — Zoning) or by conditions imposed under this section (RPVMC
17.60.050) to integrate said use with those on adjacent land and within the
neighborhood. More specifically, the proposed antennas and related equipment do
not require additional area as they will be located on the main building of the
Ascension Lutheran Church behind an existing faux wall and within an existing
equipment shelter.
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. More specifically, there will
be no additional traffic generated by the proposal as it will be subject to the same
routine maintenance as the existing Sprint PSC utilities.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof. More specifically,
the proposed antennas with antenna filters will be located on the sanctuary building
behind an existing faux wall. Given the location of said items, the visible mass of the
existing wall will remain relatively the same. Additionally, the proposed antenna
related equipment will be placed within an existing equipment shelter and therefore
will not be visible. Furthermore, given the distance between residences and the
proposed project, there will be no noise impacts.
D. 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 (Infrastructure
Policy No. 8)". More specifically, the proposed antennas will improve communication
services to the Sprint PCS users and the visual impacts of the proposal will be
minimal.
E. The site of the proposed use is not within any of the overlay control districts
established by Chapter 17.40 (Overlay Control Districts) of the Development Code.
F. 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 placement for the proposal are such
that additional conditions are not necessary to reduce visual impacts.
P.C. Resolution No. 2015-11
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Section 2: The proposed project is consistent with the Wireless Communications
Antenna Development Guidelines adopted by the Planning Commission. More specifically, 1)
the proposed application was processed expeditiously; 2) the proposed location is on an
existing, non-single-family structure; 3) co-location is not requested at this time but is
encouraged; 4) view corridors are preserved; 5) public, private costs and benefits are balanced;
6) a network master plan has been submitted; 7) photographic simulations have been submitted
and timely full-scale mock-up has been installed; 8) periodic updates on Wireless
Communications Technology is required; 9) screening of support equipment and structure are
proposed; and 10) an expiration to the Conditional Use Permit Revision has been applied.
Section 3: The proposed project is consistent with limitations on local zoning
authority imposed by the Telecommunications Act of 1996. More specifically, the City's
approval of this Conditional Use 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 4: 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, July 8,
2015. A $2,275.00 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 July 8, 2015.
Section 5: 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 (Case No. ZON2015-00112) for Sprint PCS antennas and related equipment at
26231 Silver Spur Road (Ascension Lutheran Church).
P.C. Resolution No. 2015-11
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PASSED, APPROVED AND ADOPTED this 23th day of June 2015, by the following vote:
AYES: Commissioners Cruikshank, James, Leon, Vice Chairman Tomblin and
Chairman Nelson
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioners Emenhiser and Gerstner
ABSENT: None
II � /
Robert A. Nelson
Chairman
Allig
Joel Rojas, •
Community I- : lopme Dir-ctor; and,
Secretary of •- 'tannin• -ommission
P.C. Resolution No. 2015-jj
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2015-00112 (SPRINT PCS)
26231 SILVER SPUR ROAD (ASCENSION LUTHERAN CHURCH FACILITY)
General Conditions:
1. All of the conditions contained in P.C. Resolution No. 2005-32 approved by the Planning
Commission on July 12, 2005 are hereby superseded by the following conditions related
to ZON2015-00112.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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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9. 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.
10. 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
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.
11. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on 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. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
12. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
Project Specific Conditions:
14. This approval allows Sprint PCS to install the following:
a. Two new antennas;
b. Two new antenna filters;
c. Replace any additional damaged equipment inside the equipment shelter if
necessary.
15. The existing unpermitted wireless antennas and associated equipment shall be removed
prior to installation of the new antennas.
16. Any future changes to the antennas on the building or related equipment shall require
City approval.
17. Prior to the issuance of building permits, the applicant (Sprint PCS) and the property
owner shall submit a letter, which states that they agree to cooperate in possible future
P.C. Resolution No. 2015-11
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co-location of additional PCS and other wireless communications facilities on this
building. Furthermore, the applicant and landowner shall be obligated to:
a) Respond in atimely,comprehensive mannerto a requestof information from a
potential shared-use applicant; and
b) Negotiate in good faith for shared use by third parties.
18. The wires and cables to the antenna panels shall not be exposed.
19. 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.
20. Any exterior maintenance lights within the equipment area shall be "downcast" fixtures
and shall only be illuminated if emergency nighttime maintenance work is necessary. All
routine maintenance and repair work shall occur during the City's permitted hours and
days for construction (condition number 11). All exterior lighting shall conform to the
provisions of Section 17.56.040 of the Rancho Palos Verdes Development Code.
21. The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from al property lines 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 Community Development Director.
22. The applicant shall obtain applicable permits from the City's Building & Safety Division,
City's Public Works Department and the Los Angeles City Fire Department prior to
installation of the antennas and equipment.
23. 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, antenna filter, etc.) could be replaced or removed.
24. This approval shall terminate on June 23, 2025 or concurrently with the lease between
the Ascension Lutheran Church and Sprint PCS, whichever is sooner. Upon
termination, all Sprint PCS related antennas and related equipment shall be removed.
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. 2015-11
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