HomeMy WebLinkAboutPC Resolution 11-16 - (1102 Aviation, AT&T)P.C. RESOLUTION NO. 11-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO
MODIFY AN EXISTING WIRELESS TELECOMMUNICATION FACILITY (AT&T
MOBILITY) BY ADDING ANTENNAS WITHIN AN EXISTING LIGHT POLE AND
ADDING ANTENNAS, REMOTE RADIO UNITS, RELATED EQUIPMENT AND
CABINETS WITH SCREENING ON A COMMERCIAL BUILDING AT 1102 AVIATION
BOULEVARD, LEGALLY DESCRIBED AS LOTS 8 THROUGH 13, TRACT 149,
REDONDO VILLA 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 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.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for the Conditional Use Permit Amendment on September 20, 2011 and October 18, 2011, 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 hearings, the Planning Commission makes the
following factual findings:
1. The existing wireless telecommunication facility was developed pursuant to Planning Commission
Resolution 05-71 (Conditional Use Permit 05-11). The applicant is proposing upgrades to the existing
wireless telecommunication facility located on a multi -tenant commercial site zoned C-3.
2. The applicant proposed a new 30 inches diameter light standard at the September 20, 2011 meeting. At
the request of the Commission, the application considered alternatives to minimize the visual impacts
of the larger light standard which is already deemed to be intrusive. The applicant subsequently
submitted a revised design to house six new antennas within the existing light standard in place of three
currently within the light standard. The new antennas will be completely enclosed within the existing,
functioning light standard. The light standard will remain at the same location, inside the landscaped
planter and at the same height. 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.
___ ..._..,
Existing Facile v _ m
11 Proposed Facilitw
Light
24Winches diameter
- 24 inches diameter (existing)
Standard:
- 34.5 feet in height
E - 34.5 feet in height (existing)
- 3 panel antennas, 4 feet each
- 6 new panel antennas, 8 feet each
- light device attached to top of light standard
; - lighting device attached to top of light
standard (existing)
Rooftop
271 square feet roof coverage
�I
- square feet expansion
Equipment
- 12 inch steel frame, 7 feet high cabinet
Total 349 square feet roof coverage (8%)
Enclosure:
12 inch steel frame, 7 feet highcabinet
Facilities
- 2 LTE equipment cabinets
All existing equipments to remain, plus:
Within
- 3 GSM equipment cabinets
- 2 LTE equipment cabinets
Enclosure:
? - 1 UMTS equipment cabinets
- 3 AT&T surge suppressors
- 1 AT&T electrical panel
- 6 AT&T radio Remote units
- 1 GPS antenna
- 1 GPS antenna
AC1DCpower and fiber feeds
3. The subject building is located on a multi -tenant C-3 commercial site. This is surrounded by C-3 and
then R-1 and R-2 lots; the closest residential properties are located about 50 feet from the site. The
light standard is located within a landscape area on Aviation Blvd, near the intersection of Prospect
Avenue; however, the landscaping does not fully screen the pole from the street.
4. The applicant has 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.
Section 4. Based on the foregoing, 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 location
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 facility will not bear signs or private advertising devices other than for public safety purposes;
2. The antennas are enclosed within a light standard and therefore the antennas are not visible from the street
and adjacent properties;
3. 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;
4. The facility is not located on a residentially zoned property;
5. The facility does include the installation of a new monopole, but will be housed within an existing
monopole designed as a light standard; the project is conditioned to improve the landscaping to assist in
screening the base;
6. 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;
7. 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;
8. 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
9. 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 5. 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 the 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 6. Based on the foregoing, the Planning Commission hereby approves the request for
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
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 the existing light standard, painted, textured and
designed to be architecturally compatible with the existing building facades, and to blend with
surrounding materials and colors. The exterior of all facilities shall be comprised of non -
reflective material(s).
5. 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 standards shall be low intensity, directed downward onto the subject property, fully
shielded, and shall not impact residential uses.
6. Any landscaping disturbed shall be replaced and maintained with approved landscaping
pursuant to Section 8.60.070. Landscaping shall be selected that will effectively screen the base
of the pole to a height of at approximately six feet.
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. This approval incorporates conditions from and supersedes Planning Commission Resolution
05-71, which shall hereafter be void and of no further force or effect.
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 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 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.
Section 8. 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.Hoffman,Perrotti,Pizer,Chmn.Darcy
NOES: None
ABSTAIN: None
ABSENT: Comm.Allen
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I hereby certify the foregoing Resolution P.C. No. 11-16 is a true and complete record of the action taken by
the Planning Commission of the City of Hermosa Beach, California at its regular meeting of October 18,
2011.
Shawn Darcy, Chairman �no son, Secretary
October 18 2011
Date