HomeMy WebLinkAboutPC Resolution 02-23 - (200 Pier Ave),
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P.C. RESOLUTION NO. 02-23
A RESOLUTION OF mE PLANNING COMMISSION OF mE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE LOCATION OF
WIRELESS COMMUNICATION ANTENNAS ON AN EXISTING
OFFICE BUILDING AT 200 PJER A VENUE LEGALLY DESCRIBED
AS THE NORTHERLY 10 FEET OF LOT 14, AND ALL OF LOTS 15
THROUGH 18 INCLUSIVE, BLOCK 48, FIRST ADDITION TO
HERMOSA BEACa TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Nextel Communications seeking approval of a
Conditional Use Permit for installation of wireless communication antenna equipment pursuant
to the requirements of Section 17.46.240 of Zoning Ordinance;
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit Amendment on May 21, 2002, 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 four (4) antennas (48 inches tall by 8.5 inches
wide on the widest side) on the north and south facades of an existing commercial
office building. The applicant indicates that the antennas are required to service the
western portion of the city.
2. The subject lot is zoned C-2, Restricted Commercial.
Section 4. Based on the foregoing the Planning Commission finds :
1. The proposed antennas will be co-located with other similar facilities at the property
at 200 Pier A venue.
2. Any antenna or such device shall be allowed to exceed the height limit only to the
extent that the surface area of the device on its widest side shall not exceed 12
square feet of surface area over the height limit pursuant to Section 17.46.240.
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3. The proposed location of the facilities will not be materially detrimental to property .
or improvements in the vicinity and zone.
4. Section 17.46.240 requires that the City consider the extent to which the proposed
facility is screened or camouflaged by existing or proposed new topography,
vegetation, buildings, or other structures. The applicant indicates that the antennas
cannot be installed below the building's parapet without reducing the service area.
Staff recommends that the antennas be painted to match the building exterior rather
than increasing the height of the parapet for screening purposes for that reason and
because the building is already at the height limit.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit subject to the following Conditions of Approval:
1. An RF Environmental Evaluation Report shall be prepared by the applicant
indicating that the proposed wireless communications facility meets FCC
regulations and standards for construction, maintenance and operations ten
days after installation of the facility and every two years there~fter the
telecommunications service provider must submit a certification report
attested to by licensed RF engineer that the facility is compliant with applicable
FCC regulations for RF emissions.
2. The antennas shall be painted and maintained to match the existing color of the
building and finished in a non-reflective material to blend with surrounding
materials and colors. No logos or other commercially identifying graphics shall
be installed on the wireless communication facility.
3. The antennas shall be located so that the combined total surface area of all
devices above the height limit on the subject building shall not exceed twelve
(12) square feet of surface area over the height limit.
Section 6. This grant shall not be effective for any purposes until the permittee and
the owners of the property involved have filed a 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
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within the applicable time period of the State Government Code. The City shall promptly
notify the pe:rmittee 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.
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:
NOES:
ABSTAIN:
ABSENT:
Kersenboom, Perrotti, Pizer
Tucker
None
Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 02-23 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 May 21, 2002.
Sam Perrotti, Chairman
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