HomeMy WebLinkAboutPC Resolution 10-11 - (2601 PCH, wireless)P.C. RESOLUTION NO. 10-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A WIRELESS TELECOMMUNICATION FACILITY
WITH A MAXIMUM HEIGHT OF 43 FEET ON A COMMERCIAL BUILDING
AT 2601 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOT A,
TRACT 1594 AND PART OF LOT 6, BLOCK 3, AMENDED MAP OF SEASIDE
PARK TRACT, 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 Clearwire US, LLC seeking approval of a
Conditional Use Permit for the installation of a wireless telecommunications facility pursuant to the
requirements of Section 17.46.240 of the Hermosa Beach Zoning Ordinance.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit on July 20, 2010, 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 ten (10) antennas behind parapet wall and one (1)
site support cabinet with a GPS antenna. The ten antennas are to be mounted behind
parapet wall, made of fiber reinforced plastic material, facing the western and
southern corners of the property. The ten antennas are 43-inches in height and do not
extend, or are not visible, above the parapet wall. The site support cabinet sits on a
steel platform occupies 8.5 square feet of the roof area and has a total height of 5-feet
5-inches on the roof of the building. The GPS antenna and site support cabinet are no
higher than the parapet wall.
2. The subject lot is zoned C-3, General Commercial and adjoining properties are zoned
C-3.
3. The applicant has furnished required materials per Section 17.40.170(A), explained site
selection, service area, nature of existing facilities, letter stating willingness to allow for
future co-location, and Radio Frequency Radiation evaluation report dated June 3, 2010
showing 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 17.40.170 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:
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A. The facility will not bear signs or private advertising devices other than for public safety
purposes.
B. The antennas are not visible from the street and adjacent properties.
C. The proposed antennas panels mounted on the parapet wall will not exceed the height
of the 43 foot parapet wall. The site support cabinet and GPS antenna located on the
roof will not exceed height of the parapet wall.
D. The modification of a portion of the parapet to allow full function of the proposed
facility will match the color and texture of the existing parapet wall.
E. The proposed facility is not located on a residentially zoned property.
F. The facility does not include the use or installation of a monopole.
G. While the facility is located with 200 feet of a residential use, the subject building is
separated by a public right-of-way exceeding 20 feet in width, thereby exempting the
building from setback requirements adjacent to residential zones.
H. The proposed wireless telecommunications facility site will be co-located with an
existing commercial building with two existing wireless telecommunications facilities
(XM Radio and Cingular Wireless) and provide wireless data coverage within 1.5 miles
of the site.
I. 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, 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 building, 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 10-5 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 replace with like in bulk, and size of
equipments could be consider as routine maintenance of the subject project and
may be reviewed and approved by the Community Development Director.
2. This approval applies to the co-location of the proposed Clearwire US, LLC
wireless telecommunications facility only. Any other wireless telecommunications
companies 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 indicating
that the proposed wireless telecommunications 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
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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 antennas panels shall be screened by transparent stealth boxes and screen
walls that will be painted, textured and designed to be architecturally compatible
with the existing building facades, and to blend with surrounding materials and
colors. No logos or other commercially identifying graphics shall be installed on
the wireless communication facility.
5. No lighting shall be installed in connection with this use.
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 code, 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. 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.
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