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HomeMy WebLinkAboutPC Reso 12-21 (1200 Artesia, Sprint Wireless)1 P.C. RESOLUTION NO. 12-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO MODIFY AN EXISTING WIRELESS TELECOMMUNICATION FACILITY (SPRINT PCS) BY REPLACING ANTENNAS ON THE BUILDING ROOF EXCEEDING THE HEIGHT LIMIT WITH NEW ANTENNAS EXCEEDING THE HEIGHT LIMIT, INSTALL RADIO UNITS AND MODIFY EQUIPMENT CABINETS ON A SECOND STORY DECK, ON AN EXISTING 3- STORY COMMERCIAL BUILDING AT 1200 ARTESIA BOULEVARD, LEGALLY DESCRIBED AS A PORTION OF LOTS 11 AND 12 AND ALL OF LOTS 13 AND 14, WALTER RANSOM CO’S, REDONDO HOME 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 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 October 16, 2012, 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 six (6) panel antennas on three (3) separate sectors, facing north, south and east of the subject building. Each panel antenna is attached to a tripod- shaped mount. The applicant is proposing to install three (3) new panel antennas with six (6) remote radio heads on the sides of the building. The height of the antennas will decrease from 41 feet to 36 feet. Support equipment for the wireless facility is stored on the second story uncovered deck, in a 216 square foot outdoor equipment enclosure housing support cabinets and hardware storage that will be modified by adding cables, conduit and other hardware. 2. The subject building is located on a multi-tenant C-2 commercial site at the southeast corner of Artesia Boulevard and Prospect Avenue. It is surrounded by residential uses to the south (SPA-9) and C-2 and C-3 zoning to the east and west. 3. The existing commercial building is nonconforming to building height, constructed at 34 feet, 6 inches under the Residential Professional zoning standards in 1988. The height limit in the existing C-2 zone is 30 feet. 4. The existing roof top wireless facility installed in September 1999; 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 March 15, 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 17.40.170 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 consisting of an outdoor equipment area on the second level, panel antennas, remote radio heads contain inside screening boxes exceeding the roof parapet wall height. The equipment and panel antennas are currently visible from the street and adjacent properties. The applicant proposes to remove all rooftop tripod-shape mounts and panel antennas. Three (3) new panel antennas and six (6) remote radio heads will be attached to the side of the building. Since the site was improved prior to the requirement for a CUP, upgrading the equipment storage screening by requiring a solid screen to the height of the equipment cabinets consistent with the building color and texture will reduce impacts associated with the project. 2. Each proposed panel antenna is attached with 2 remote radio heads and enclosed within an ‘RF transparent’ screening box; each screening box has a surface area of 27.3 square feet. Two of the three proposed panel antennas and screening boxes (north and south facing), exceed the 34 feet, 6 inch parapet wall by 1 foot, 6 inches, for a maximum height of 36 feet compared to the existing height of 41 feet. 3. The three panel antenna sets will cumulatively have 81.9 square feet of surface area, and only 12 square feet of surface area on the largest side will exceed the parapet wall height in compliance with Section 17.46.210. The new RF transparent screening boxes will be designed, textured and painted to be architecturally compatible with the existing building elevations. New support equipment within the outdoor equipment area will have color consistent with existing equipment and building. 4. The facility is not located on a residentially zoned property. 5. The facility does not involve the installation of a monopole; existing tripod mounting frames above roof surface will be removed and new panel antennas with remote radio heads will be fully screened by RF transparent screening boxes. 6. The facility is located within 200 feet of a residential use. The nearest residential zoning district abutting the project to the south is SPA-9, such that required side yard setback is 4 feet, 2 inches from the wireless facility to the residential property. The second level outdoor equipment room is approximately 4 feet from property line of the residential property to the south. This outdoor area is screened by a short wall and guardrail, but without a roof or covering above the equipment area. Panel antenna and remote radio heads (Sector C, south facing) are 9 feet, 6 inches from the south neighbor’s property line. 7. The facility will not increase 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). 3 8. Concern over height, visual and other impacts from neighbors to the southwest across have been considered and the proposed design will reduce impacts by eliminating the rooftop equipment, and provide screening boxes that are architecturally compatible with the existing building facades. The City is precluded from considering health impacts other than ensuring the facility complies with FCC Radio Frequency Radiation requirements, and the applicant’s report confirms compliance and an updated report must be submitted biennially. 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-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 12-6) 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 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. All rooftop tripod mounts shall be removed. Three sectors, each contains a panel antenna and two remote radio heads are fully screening within a RF transparent screening box measuring 27.3 square feet surface area. Two of the three screening boxes (north and south facing) shall not exceed the existing roof parapet wall by more than one foot, six inches. The east facing screening box shall align with the existing roof parapet wall. All RF transparent 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. A solid wall the same height or marginally higher than equipment housed in the outdoor equipment storage area on the second story, consistent with the building color and texture shall be installed. 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 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. 4 6. A height survey, in accordance with city procedures, prepared by a California registered civil engineer or land surveyor shall be submitted prior to final building permit approval verifying that the height of the wireless facilities are installed according to approved plans as noted on submitted plans. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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.