HomeMy WebLinkAboutPC Resolution 06-13 - (1311 Hermosa Ave)1
2
3
4
5
6
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2s
29
P.C. RESOLUTION NO.06-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA , BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE LOCATION OF
WIRELESS TELECOMMUNICATIONS FACILITY ON AN
EXISTING OFFICE BUILDING AT 1311 HERMOSA AVENUE
LEGALLY DESCRIBED AS LOT 29, BLOCK 14, HERMOSA BEACH
TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Cingular Wireless seeking approval of a
Conditional Use Permit for installation of wireless telecommunications facility pursuant to the
requirements of Section 17.46.240 of Zoning Ordinance;
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit Amendment on February 21, 2006, at
which testimony and evidence, both written and oral, was presented to and considered by the
Planning Commission;
Section 3. Based on the evidence received at the public hearing, the Planning
Commission makes the following factual findings:
1. The applicant is proposing to install four (4) antennas (48 inches tall by 8.5 inches
wide on the widest side) on the northeast and southeast corners of the building, and
on the west building fagade facing the City parking structure. Most of the other
equipment for the wireless facility will be placed within a room on the third floor
of the office building, except for two roof -mounted condensing (HVAC) units.
The antennas will not exceed the height of the building. The applicant indicates that
the antennas are required to service the western portion of the city.
2. The subject lot is zoned C-2, Restricted Commercial.
Section 4. Based on the foregoing the Planning Commission finds:
1. The proposed wireless telecommunications facility will be co -located with an
existing commercial office building that is constructed on City owned property
under a long -tern ground lease.
2. The proposed antennas shall not exceed the height of the existing commercial
building.
1
J. D
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
I The proposed location of the facilities will not be materially detrimental to property
or improvements in the vicinity and zone.
4. Section 17.46.240 requires that the City consider the extent to which the proposed
facility is screened or camouflaged by existing or proposed new topography,
vegetation, buildings, or other structures.
Section S. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit subject to the following Conditions of Approval:
1. The installation of the wireless telecommunications facility located on City
owned property shall be subject to lease approval by the City Council.
2. An RF Environmental Evaluation Report shall be prepared by the applicant
indicating that the proposed wireless telecommunications facility meets FCC
regulations and standards for construction, maintenance and operations ten
days after installation of the facility and every two years thereafter the
telecommunications service provider must submit a certification report
attested to by a licensed RF engineer that the facility is compliant with
applicable FCC regulations for RF emissions.
3. The antennas shall be screened by screen walls that will be painted, textured
and designed to be architecturally compatible with the existing building
facades, and to blend with surrounding materials and colors. No logos or other
commercially identifying graphics shall be installed on the wireless
communication facility.
4. The proposed roof -mounted condensing (HVAC) units shall be screened in a
similar fashion as the existing roof -mounted HVAC units.
Section 6. This grant shall not be effective for any purposes until the permittee and
the owners of the property involved have filed at the office of the Planning Division of the
Community Development Department their affidavits stating that they are aware of, and
agree to accept, all of the conditions of this grant.
The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to
the Community Development Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval
is found to be invalid by a court of law, all the other conditions shall remain valid and
enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, or
employee to attack, set aside, void or annul this permit approval, which action is brought
10
I1
12
13
i' 14
15
16
17
18
19
20
21
22
23
24
2s
26
27
28
29
within the applicable time period of the State Government Code. The City shall promptly
notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in
the defense. If the City fails to promptly notify the permittee of any claim, action or
proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no
thereafter be responsible to defend, indemnify, or hold harmless the City.
The permittee shall reimburse the City for any court and attorney's fees which the City may
be required to pay as a result of any claim or action brought against the City because of this
grant. Although the permittee is the real party in interest in an action, the City may, at its
sole discretion, participate at its own expense in the defense of the action, but such
participation shall not relieve the permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the permittee to cease any
development or activity not in full compliance shall be a violation of these conditions.
The Planning Commission may review this Conditional Use Permit and may amend the
subject conditions or impose any new conditions if deemed necessary to mitigate detrimental
effects on the neighborhood resulting from the subject use.
Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision
of the Planning Commission, after a formal appeal to the City Council, must be made within
90 days after the final decision by the City Council.
VOTE: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 06-13 is a true and complete record of
the action taken by the Planning Commission of the City of Hermosa Beach, California at
their regular meeting of February 21, 2006.
Peter Hoffman,
Februpa 21 2006
Date