HomeMy WebLinkAboutPC Resolution 05-71 - (1102 Aviation Blvd)1
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P.C. RESOLUTION NO. 05-71
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A WIRELESS
COMMUNICATION FACILITY TO COLOCATE WITH EXISTING
BUSINESSES AT 1102 AVIATION BOULEY ARD, LEGALLY
DESCRIBED AS LOTS 8 THROUGH 13, BLOCK 149, REDONDO
VILLA 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 commwrication antennas and equipment
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 on November 15, 2005, 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 3 antennas within a modified light pole to be
placed in an existing landscape area near the northwest property comer, and install 6
equipment cabinets and 2 GPS antennas surrounded by a screen wall on top of the
existing one-story commercial building as part of a new wireless
telecommwrications facility.
2. The proposed modified light post will have a 22-inch diameter in order to conceal
the proposed antennas inside.
3. The applicant indicates that the antennas are required to service the eastern portion
of the city and to provide coverage along Aviation Boulevard.
4. The subject lot is zoned C-3, General Commercial.
Section 4. Based on the foregoing the Planning Commission finds:
1. The proposed antennas will be co-located with the existing businesses at 1102
Aviation Boulevard, consistent with Section 17.40.170 C(7) that states whenever
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possible wireless communication facilities should be located on existing
buildings, existing poles, or other existing support structures.
2. All antennas shall be installed below the 35-foot height limit in the C-3 zone,
therefore the proposed antennas will comply with height requirements pursuant to
Section 17.46.240 C(l).
3. The proposed wireless telecommunications facility will be setback significantly
from the nearest residential use, and complies with all setback requirements for
the C-3 zone.
4. The proposed antennas will be completely screened by the modified light pole, and
the proposed equipment cabinets will be camouflaged by a screen wall. The
modified light pole, equipment cabinets, and screen wall shall also be painted to
match existing structures. Thus, the proposed facility complies with Section
17 .40.170 C(2), which 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.
5. The proposed location of the facilities will not be materially detrimental to property
or improvements in the vicinity and zone.
6. The Planning Commission finds that use of the proposed site results in fewer or less
severe environmental impacts than any feasible alternative site pursuant to Section
17.40.170 A(8).
7. The proposed use is consistent with the permitted uses allowed in the C-3 zone and
the General Plan.
Section 5: Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit subject to the following Conditions of Approval:
1. An RF Environmental Evaluation Report shall be prepared by the applicant
indicating that the proposed wireless communications 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.
2. A topographical lot survey, certified and stamped by a licensed land
surveyor or civil engineer, shaD be provided verifying the dimensions of the
property and showing the grade elevations at the property corner points.
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3. The modified light pole shall comply with the maximum height limit of 35 feet
allowable in the C-3 zone.
4. The modified light pole shall conceal the proposed antennas and shall be
painted and maintained to match the color of the similar existing light poles in
the area. The equipment cabinets and screen wall shall be painted and
maintained to match the color of the existing building materials and colors. No
logos or other commercially identifying graphics shall be installed on the
wireless communication facility.
5. Any change to or relocation of antennas or other equipment associated with the
wireless telecommunications facility shall be reviewed and approved by the
Planning Commission.
6. The project shall be located to the south of the current location shown on
project plans submitted on November 15, 2005, subject to the approval of the
Community Development Director, and must conform to any Specific Piao
adopted by the City Council that includes the area in which the antenna is to
be located. In the event the location conf]jcts with the Specific Plan, the
Conditional Use Permit shall be referred to the Planning Commission for
modification.
Section 6. This grant shall not be effective for any purposes until the permittee and
the owners of the property involved have filed a 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 oflaw, all the other conditions shall remain valid and
enforceable.
Pennittee 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
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 pennittee shall reimburse the City for any court and attorney's fees which the City may
26 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
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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
6 subject conditions or impose any new conditions if deemed necessary to mitigate detrimental
effects on the neighborhood resulting from the subject use.
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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:
NOES:
ABSTAIN:
ABSENT:
Allen, Hoffman, Kersenboom, Perrotti, Pizer
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 05-71 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 November 15, 2005.
November 15, 2005
19 Date
20 CUPR 1102
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