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RESOLUTION NO. 11-6774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION
APPROVAL OF A CONDITIONAL USE.PERMIT AMENDMENT TO MODIFY
AN EXISTING WIRELESS TELECOMMUNICATION FACILITY (AT&T
MOBILITY) BY REPLACING A -LIGHT POLE FOR THE PURPOSE OF
ADDING ANTENNAS WITHIN THE LIGHT POLE, AND ALLOWING
ADDITIONAL ANTENNAS, REMOTE RADIO UNITS, RELATED EQUIPMENT
AND CABINETS ON THE ROOF AND ENLARGING THE ROOF ENCLOSURE
ON A COMMERCIAL BUILDING AT 1102 AVIATION BOULEVARD,
LEGALLY DESCRIBED AS LOTS 8 THROUGH 13, TRACT 149, REDONDO
VILLA TRACT, CITY OF HERMOSA BEACH.
SECTION 1. Pursuant to Hermosa.Beach Municipal Code Section 2.52.040, the City Council
took jurisdiction of the Planning Commission's October 18, 2011, decision to approve a Conditional Use
Permit Amendment to modify an existing wireless telecommunications facility at 1102 Aviation Blvd. On
November 22, 2011, the City Council held a duly noticed public hearing to consider said application at
which time testimony and evidence was presented to and considered by the Council.
SECTION 2. Based on the Staff Report, testimony, the record of the decision of the Planning
Commission, and evidence received, both oral and written, the City Council makes the following factual
findings:
An application was filed by AT&T Mobility seeking approval of a Conditional Use Permit
Amendment to modify an existing wireless telecommunications facility pursuant to Sections 17.40.020,
17.40.170, and 17.46.210 of the Hermosa Beach Municipal Code, by increasing the number of antennas and
expanding the diameter of an existing 24 inch diameter light pole along Aviation Blvd, and adding
antennas, remote radio units, and related equipment and cabinets within an enlarged screened enclosure on
the rooftop.
2. The existing wireless facility was developed pursuant to Planning Commission Resolution
05-71 (Conditional Use Permit 05-11). The approved 34.5 foot high, 24 inch diameter light pole served
two purposes, to provide lighting for the comer property and to screen antennas. This is the only wireless
facility at the site.
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3. The subject building is located on a multi -tenant C-3 commercial site. The site is
;urrounded by C-3, R-1 and R-2 lots; the closest residential properties are located about 50 feet from the
cite. The light pole is located within a landscaped area on Aviation Blvd, near the intersection of Prospect
kvenue; however, the landscaping does not fully screen the pole from the street.
4. The applicant furnished required application materials in accordance with Municipal Code
Section 17.40.170(A), explained reasons for the needed equipments upgrade at the existing site, service
area, nature of existing facilities, letter stating willingness to allow for future co -location, Radio Frequency
Radiation evaluation report dated August 23, 2011, showing the facility meets FCC regulations, and
standards for construction.
5. On September 20, 2011, the Planning Commission considered the subject application to
increase the diameter of the light pole from 24 to 30 inches, to increase the rooftop enclosure from 271 to
349 square feet, and make other alterations. The Commission directed the applicant to explore alternative
designs or locations for the light pole that were less intrusive, given the visually prominent location.
6. The applicant revised the proposal on October 18, 2011, by proposing to increase the
number of antennas from three to six within the existing light pole at the same location. The six new
antennas will be completely enclosed within the existing, functioning light pole. The light pole will retain
the same dimensions at the same location, inside the landscaped planter. The existing rooftop equipment
cabinet on the roof will be expanded by 78 square feet and painted a tan color to blend with the
surrounding architecture. The Commission briefly discussed alternative cell tower designs; however, the
applicant advised that the light pole also provides lighting and moving the pole to the east would place it
closer to residential uses. The Commission determined that since the proposal to modify the diameter of
the existing light pole, which has existed since 2005, was withdrawn, it would be inappropriate to require
additional further changes. The Commission adopted Resolution 11-16 approving the revised proposal.
7. Subsequently, on November 16, 2011, the applicant submitted revised plans showing that
the existing light pole will be replaced by a replica of the existing light pole, of the same dimensions in the
existing location, together with a presentation of alternative designs.
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SECTION 3. Based on the foregoing factual findings, the City Council affirms the following
findings pursuant to H.B.M.C. Sections 17.40.020, 17.40.170 and 17.46.210 substantiating that the
proposed facilities will be compatible with existing and future uses in the vicinity and not be materially
detrimental to property or improvements in the vicinity and zone:
The facility will not bear signs or private advertising devices other than for public safety purposes;
1. The antennas are enclosed within a light standard and therefore the antennas are not visible
from the street and adjacent properties;
2. The wireless facility will be screened by the existing light standard and equipment enclosure,
which will be painted to a neutral, tan, non -reflective color to blend -in with the surrounding materials and
colors;
3. The facility is not located on a residentially zoned property;
4. The facility does include replacement of the existing monopole, with the antennas will be
housed within the monopole designed as a light standard; the project is conditioned to improve the
landscaping to assist in screening the base;
5. While the facility is located within 200 feet of a residential use, the facility is 50 feet from
property line of residential properties and meets the setback requirements of the zone as required under
17.40.170.C. Intervening buildings provide significant screening of the pole from these properties;
6. The site provides wireless coverage as desired by the applicant and has not been identified
to exhibit any environmental impacts that would be reduced by location at any other site;
7. The proposed new facility within the existing light standard and equipment enclosure
heights will not exceed the maximum height of 35 feet in the C-3 zone; and
8. The facility will not increase noise, traffic, utility use or result in other demands or
impacts. Construction impacts and noise are controlled by Municipal Code Section 8.24.080 (construction
noise) and Chapter 15 (Building and Construction).
SECTION 4. The project is Categorically Exempt from the California Environmental Quality
Act per CEQA Guidelines, Section 15332, Class 32 In -Fill Development and 15311, Accessory Structures,
as the project is a utility provided on a commercially zoned site within an urbanized area, will not exceed
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he height of the existing device or C-3 zone, and no effects relating to aesthetics, traffic, noise, air or
water quality, or to wildlife will result.
SECTION 5. Based on the foregoing, the City Council hereby sustains the decision of the
Planning Commission and hereby approves Conditional Use Permit Amendment (CUP 11-5) subject to the
following Conditions of Approval:
1. The details of the project application and supplemental materials are incorporated as
Conditions of Approval unless modified herein. Any changes to, or relocation of antennas or other
equipment associated with, the wireless telecommunications facility shall be reviewed and approved by the
Planning Commission. Antennas upgrade, repair and replacement with devices of equivalent or lesser
number, dimensions, height, appearance, and same location, may be considered to be routine maintenance of
the subject project and may be reviewed and approved by the Community Development Director.
2. This approval applies to the proposed wireless telecommunications facility only. Any other
wireless telecommunications facilities companies or affiliates must obtain separate Conditional Use Permit
approval for co -location of additional wireless telecommunications facilities.
3. A Radio Frequency (RF) Environmental Evaluation Report shall be prepared by the
applicant and submitted to the Community Development Director substantiating that the proposed wireless
telecommunications facility meets FCC regulations and standards for construction, maintenance and
operations within ten (10) days after installation of the facility. Every two (2) years thereafter, the
telecommunications service provider shall submit a certification report attested to by a licensed RF engineer
that the facility is compliant with applicable FCC regulations for RF emissions.
4. All antenna panels shall be housed inside a light standard that replicates the dimensions,
aesthetics and location of the existing light standard. The light standard and roof enclosure shall be
designed, painted and textured to be architecturally compatible with the existing building facades, and to
blend with surrounding materials and colors. Cable trays on the west side of the building shall be
camouflaged. The applicant shall work with staff to explore additional approaches to visually reduce the
mass of the roof enclosure such as painting the lower portion of the enclosure to match the building, and
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the upper portion to match the trim. The exterior of all facilities shall be comprised of non -reflective
material(s).
No exterior lighting, signs, logos or other commercially identifying graphics shall be installed on the
wireless communication facility (excluding those required by law) or rooftop of the commercial building in
connection with the equipment enclosure use. The light at the top of the light standard shall be low intensity,
directed downward onto the subject property, fully shielded, and shall not impact residential uses.
5. Any landscaping disturbed shall be replaced and maintained with approved landscaping
pursuant to Section 8.60.070. Landscaping selected shall effectively screen the base of the pole to a height
of approximately six feet.
6. The installation and operation of the facility shall comply with all applicable requirements
of the Building and Fire Department requirements, and applicable building, zoning, and electrical code
regulations and requirements of the Municipal Code, and all State and Federal requirements. To the
extent applicable, every such device shall be adequately grounded for protection against a direct strike of
lightning.
7. Future removal of the wireless communication facilities shall comply with the following:
a. The applicant shall provide notification to the community development director
upon cessation of operations on the site. The applicant shall remove all obsolete or unused facilities from
the site within six (6) months of termination of its lease, cessation of operations, or expiration of its
permit, subject to the determination of the director of community development. Should the owner fail to
effect such removal, the property owner shall be responsible for the removal of the equipment.
b. A new permit shall be required if the site is to be used again for the same purpose
as permitted under the original permit, if a consecutive period of six (6) months has lapsed since cessation
of operations.
C. Any FCC licensed wireless communications carrier that is buying, leasing, or
considering a transfer of ownership of an already approved facility shall submit a letter of notification of
intent to the Community Development Director.
8. This approval incorporates conditions from and supersedes Planning Commission Resolution
1 1 05-71, which shall hereafter be void and of no further force or effect.
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9. Approval of this permit shall expire twenty-four (24) months from the date of approval by
he Planning Commission, unless significant construction or improvements or the use authorized hereby
ias commenced. One or more extensions of time may be requested. No extension shall be considered
rnless requested, in writing to the Community Development Director including the reason therefore, at
.east 60 days prior to the expiration date. No additional notice of expiration will be provided.
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 Amendment shall be recorded, and proof of recordation shall be
submitted to the Community Development Department prior to the issuance of a building permit.
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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified parties and the
applicant to attack, set aside, or void any permit or approval for this project authorized by the City,
including (without limitation) reimbursing the City its actual attorneys fees and costs in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
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
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)r activity on the subject property. Failure of the permittee to cease any development or activity not in full
:ompliance shall be a violation of these Conditions.
SECTION 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision City Council must be made within 90 days after the final decision by the City Council.
PASSED, APPROVED AND ADOPTED this 22nd day of November 2011.
PRESIDENT of th�,Wty Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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11-6774 1 .
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 11-6774 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on November 22, 2011.
1 The vote was as follows:
J AYES:
Bobko, DiVirgilio, Duclos, Tucker, Mayor Fishman
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: December 13, 2011
Elaine Doerfling, City Cl