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HomeMy WebLinkAboutPC Resolution 13-04 - (1060 Aviation, Sprint) 1 P.C. RESOLUTION NO. 13-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO MODIFY AN EXISTING NONCONFORMING ROOFTOP WIRELESS TELECOMMUNICATIONS FACILITY (SPRINT PCS), BY REPLACING THREE PANEL ANTENNAS WITH UPGRADED ANTENNAS SCREENED WITHIN AN EXISTING NONFUNCTIONAL CHIMNEY, ADDING SCREENED ROOFTOP EQUIPMENT, AND UPGRADING EQUIPMENT, WITHIN AN EXISTING LEASED AREA AT THE SOUTH END OF THE COMMERCIAL BUILDING AT 1060 AVIATION BOULEVARD, LEGALLY DESCRIBED AS A PORTION OF LOT 9, TRACT #8519, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Suresite Consulting Group, on behalf of Sprint/Nextel, seeking approval of a Conditional Use Permit for modification of an existing wireless telecommunications facility (Sprint PCS) pursuant to the requirements of Sections 17.40.020, 17.40.170 and 17.46.210 of Zoning Ordinance. Section 2. The Planning Commission conducted a duly noticed public hearing on February 19, 2013, 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 proposes to remove three (3) panel antennas on three (3) separate sectors, facing north, east and southwest of the subject building. All three panel antennas are attached to an antenna mounting pipe, screened inside a nonfunctional chimney structure. The applicant is proposing to install three (3) new panel antennas with six (6) remote radio heads at the base of each panel antenna and attached to the exterior of the nonfunctional chimney structure. The dimensions of the antennas will remain the same at 72 inches in length and 12 inches in width. Support equipment for the wireless facility is stored on the second story 302 square feet uncovered deck, housing hardware storage that will be modified by adding cables, conduit and additional hardware. 2. The subject building is located on a multi-tenant C-3 commercial site on the south side of Aviation Boulevard, west of Prospect Avenue. It is surrounded by general commercial uses along Aviation Boulevard and residential uses to the south (R-2). 3. The existing commercial building is 30 feet high as measured from the top of the parapet wall. The nonfunctional chimney structure stands 9 feet higher than the parapet wall and 12 feet 4 inches above the roof surface; is nonconforming to the 2 feet allowance above any part of the building for chimney and vent by the California Building Code. The height limit in the C-3 zone is 35 feet. 4. The existing roof top wireless facility installed in January 2001; predates City’s conditional use permit review process adopted in May 2001. This is the only wireless telecommunication facility at the subject site. 2 5. The applicant has furnished required materials per Section 17.40.140(A), explained site selection, service area, nature of existing facilities, provided letter for willingness to allow for future co-location, and Radio Frequency Radiation evaluation report dated December 26, 2012 demonstrating the facility meets FCC regulations and standards for construction. Section 4. Based on the foregoing findings, the Planning Commission makes the following findings pursuant to Sections 17.40.020, 17.40.170 and 17.46.210 of the Municipal Code substantiating that the proposed modification of the 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: 1. The wireless facility consists of a 302 square feet outdoor equipment area on the uncovered second level deck screened by an 8-foot high solid wall and three panel antennas screened within a nonfunctional chimney designed, textured and painted consistent with the building. The equipment and panel antennas are currently screened from street view and adjacent properties. The applicant proposes to change out three panel antennas housed inside the nonfunctional chimney. Additionally, six (6) remote radio heads will be attached to the exterior of the nonfunctional chimney. Each remote radio head measures 20 inches long, 13 inches wide and 16 inches in depth, housed with the wood lattice screening box texture and painted to be architecturally compatible with the existing nonfunctional chimney. The wood lattice screening boxes aligns with the top of the parapet wall at approximately 30 feet in height. Since the site was improved prior to the requirement for a CUP, upgrading the panel antennas without removing or altering the existing nonconforming nonfunctional chimney will not result in any new negative visual impacts; 2. The wireless facility is located within 200 feet of a residential use. The nearest residential zoning district abutting the project to the south is R-2. Panel antenna and remote radio heads are over 100 feet and the support equipment area is approximately 35 feet from the residential use to the south, both areas meet the 5 feet rear yard setback requirement of the zone as required under 17.40.170.C. The subject property abuts a residentially zoned (R-2) property to the south, however the property is land lock with street access from the subject property only, the lot is undeveloped and currently use as surface parking for the subject property. The support equipment area is screened by an 8 foot solid wall which is 2 feet higher than support equipment stored in the area and provides sufficient screening from residential properties; 3. The unmanned wireless facility is not located on a residentially zoned property and will not increase off-street parking, noise, traffic, utility use, air or water quality 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); 4. The wireless facility is located approximately 120 feet south of a church (Church of Christ) and a daycare/preschool currently not in operation; 5. The facility is the only wireless operator at the subject site. The nearest wireless facility is located 473 feet south of the site at 1102 Aviation Boulevard, screened within a functional light pole; 6. The facility will not bear signs or private advertising devices other than for public safety purposes; 7. The three panel antennas will have the same dimensions and will be screened in the same manner as the existing panel antennas. The new wood lattice screening boxes housing the three pairs of remote radio heads will be designed, textured and painted to be architecturally compatible 3 with the existing building. New support equipment within the outdoor equipment area will have color painted consistent with existing equipment and building; 8. The facility will not generate noise, odor, dust, vibration or impact to the city’s infrastructure from the proposed upgrade, as already demonstrated because this is an existing facility; 9. The facility does not involve the installation of a monopole; new panel antennas and remote radio heads will be fully screened inside the existing nonfunctional chimney and wood lattice screening boxes; 10. The wireless facility will be screened by the existing nonfunctional chimney and support equipment enclosure, which will be painted to blend-in with the surrounding materials and colors and therefore the antennas are not visible from the street and adjacent properties; 11. 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; 12. The proposed facility upgrade within the existing nonconforming nonfunctional chimney will retain its current height at 39 feet and the support equipment enclosure will not exceed the maximum height of 35 feet in the C-3 zone. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per CEQA Guidelines, Sections 15301 and 15311, Accessory Structures, as the project is a utility provided on a commercially zoned site within an urbanized area, will not exceed the height of the existing device or C -3 zone, and has no effects relating to aesthetics, traffic, noise, air or water quality, or to wildlife. Section 6. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit (CUP 13-2) 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. Antenna upgrade, repair and replacement with devices of equivalent or lesser number, dimensions, height in the same locations, may be considered to be routine maintenance or minor, provided visual impacts are not increased, and may be reviewed and approved by the Community Development Director. 2. Three sectors, each containing a panel antenna and two remote radio heads are fully screening within a nonfunctional chimney and a wood lattice screening box measuring. The wood lattice screening boxes aligns with the top of the existing roof parapet wall at approximately 30 feet in height. All lattice screening boxes shall be designed, textured and painted to be architecturally compatible with the existing building facades. The exterior of all facilities shall be comprised of non-reflective material(s). 3. The existing 8-foot high solid wall screening outdoor equipment storage area on the second level deck shall remain in place and maintain consistent color and texture with existing building. The exterior of all facilities shall be comprised of non-reflective material(s). 4. This approval applies to the proposed wireless telecommunications facility only. Any other wireless telecommunications facilities companies or affiliates must obtain separate 4 Conditional Use Permit approval for co-location of additional wireless telecommunications facilities. 5. 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. 6. 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. 7. 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. 8. 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. 9. If a review of this Conditional Use Permit occurs, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising from use of the premise. 10. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 7. 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.