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HomeMy WebLinkAboutPC Resolution 13-25 - (1301 Hermosa, Verizon)P.C. RESOLUTION NO. 13-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS TELECOMMUNICATIONS FACILITY (VERIZON WIRELESS) TO BE LOCATED ON THE EAST, SOUTH AND WEST SIDES OF THE CITY PARKING STRUCTURE AND A 395 SQUARE FEET LEASED AREA ON THE SECOND LEVEL NORTHEAST CORNER OF THE CITY PARKING STRUCTURE AT 1301 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF LOTS 19 THRU 29, 32 AND 33, BLOCK 14, HERMOSA BEACH TRACT, 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 Delta Groups Engineering, on behalf of Verizon Wireless, seeking approval of a Conditional Use Permit for a wireless telecommunications facility (Verizon Wireless) pursuant to the requirements of Sections 17.40.020 and 17.40.170 of Zoning Ordinance. Section 2. The Planning Commission conducted a duly noticed public hearing on August 20, 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 install three sets of panel antennas and remote radio units concealed in screening walls on the east, south and west side fapades of the subject parking structure. Each screening wall measures 10 foot in length and width, projects 19-inches from the surface of the structure. Each screening wall will be attached to the fapade of the structure at 19 feet above ground level and 6-inches below the top of the parking structure. The applicant proposes to station support equipment in a 395 square feet leased area at the northeast corner on the second level of the parking structure. 2. The subject parking structure is located at the northeast corner of 13"' Street and Beach Drive, to the immediate west of a multi -tenant C-2 commercial site with financial services and a snack shop (Starbucks) facing Hermosa Avenue. It is surrounded by restricted commercial uses along Hermosa Avenue and residential uses to the northeast (R-3). 3. The proposed wireless telecommunications facility will be one of two such facilities at the subject site. Sprint PCS was the first facility approved in 2003. 4. The applicant has furnished required materials per Section 17.40.140(A), explained site selection, service area, nature of proposed facilities, provided letter for willingness to allow for future co -location, and Radio Frequency Radiation evaluation report dated May 9, 2013 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 and 17.40.170 of the Municipal Code substantiating that the proposed the facility 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: I , The wireless facility consists of three (3) sets of screening walls, each with four (4) panel antennas and two (2) install at 19 feet above street surface level on the east, south and west side fagades of the subject parking structure. Support equipment for the facility will be stationed in a 395 square feet leased area at the northeast corner on the second level of the parking structure, New conduits provided within a cable tray will be attached to the second level ceiling of the parking structure; 2. The wireless facility is not located within 200 feet of a residential use. The nearest residential zoning district is R-3 at 212 feet to the northeast. The screening walls, leased equipment area and the cable tray on the second level will be painted to be compatible with the parking structure and screened from nearby 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 facility is one of two wireless operators at the subject site. The Planning Commission approved the a rooftop functioning light pole facility with support equipment area at the northwest corner of the second level for Sprint PCS in 2003; 5. The facility will not bear signs or private advertising devices other than for public safety purposes; 6. The screening walls will conceal twelve (12) panel antennas and six (6) remote radio units. Background color of the screening walls will be painted to be architecturally compatible with the existing parking structure in an off-white/light grey color. Support equipment leased area on the second level will be screened by a chain link fence filled with slats around the perimeter separating the equipment and adjacent public parking spaces. Cable tray affixed to the second level ceiling will be painted to match the ceiling color to minimize visual appearance; 7. The facility will not generate noise, odor, dust, vibration or impact to the city's infrastructure from the proposed facility; 8. The facility does not involve the installation of a monopole; new panel antennas and remote radio units will be fully concealed inside the screening walls, any supporting equipment will be painted to blend -in with the surrounding materials and colors and will not be visible from street view or adjacent properties; and 9. 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. 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 allowed in the C-2 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 13-5), 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. 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 sets of screening walls, each containing four (4) panel antennas and two (2) remote radio units shall be fully concealed at 19 feat above the street surface level mounted on the east, south, and west side faSades of the City parking structure. The screening walls have an off-white color that is architecturally compatible with the existing structure fagade. The international "P" signs shall not he used on any elevation. The existing "PARK" lettering type realigned on the faVade taking into account the wireless antennae screen shall be maintained. The exterior of all screening walls shall be comprised of non -reflective material(s). 3. The 395 square feet equipment leased area on the second level northeast corner shall be fully screened from public view. Bollards shall be installed to prevent penetration of or damage to this area. The area shall be maintained in a clean manner and free of graffiti at all time. 4. The cable tray attached to the second level ceiling shall be painted the same color as the ceiling to minimize visibility. 5. Undergrounding conduits for the length of the parking structure on 14th Court shall be coordinated and entered into an agreement with the Public Works Department. 6. This approval applies to the proposed wireless telecommunications facility only. Any other wireless telecommunications facility companies or affiliates must obtain separate Conditional Use Permit approval for co -location of additional wireless telecommunications facilities. 7. 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 insets FCCregulations and standards for construction, maintenance and operations within ten (1.0) 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. 8. No exterior lighting, signs, logos or other commercially identifying graphics shall be installed on the wireless communication facility (excluding those required by law) in connection with the equipment enclosure use. 9. 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. 10. 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. 11. 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. 12. 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. 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 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, Section S. 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: Comms,Flaherty,Perrotti,Pizer,Chmn-Hoffman NOES: None ABSTAIN: None ABSENT: Comm,Allen CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 13-25 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 August a w _ irell Chairman .�l�t�mutl,a: ct�wry fuut,20n.201e3 . .. Date FAB95\CD\PC\2013\8-20-2013\1301 Hermosa Av Wireless\reso 13-25 final