HomeMy WebLinkAboutPC 05-57 (200 Pier Ave),.__
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P.C. RESOLUTION NO. 05-57
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, . CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE USE
OF A TEMPORARY MOBILE TOWER FOR A WIRELESS
COMMUNICATIONS FACILITY DURING CONSTRUCTION AND
THE REINSTALLATION AND RELOCATION OF PERMANENT
, WIRELESS COMMUNICATION ANTENNAS AFTER
· CONSTRUCTION ON A COMMERCIAL BUILDING CONTAINING
·54 COMMERCIAL CONDOMINIUM UNITS AT 200 PIER AVENUE
LEGALLY DESCRIBED AS THE NORTHERLY 10 FEET OF LOT
14, AND ALL OF LOTS 15 THROUGH 18 INCLUSIVE, BLOCK 48,
FIRST ADDITION TO HERMOSA BEACH TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Nick Schaar for Nextel Communications
seeking approval of a Conditional Use Permit for the temporary use of a mobile antenna tower
("cell on wheels") during construction of the new commercial condominium complex, and the
reinstallation of 4 antennas and an equipment vault as part of a new Nextel Communications
wireless telecommunications facility after construction is completed, 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 September 20, 2005,
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 the temporary use of a mobile antenna tower ("cell on
wheels") during construction of the new commercial condominium complex on the
subject property.
2. The applicant is proposing to install four (4) antennas on the north and south
facades of the "Unit B" building of the new commercial condominium complex.
These new antennas will replace the antennas that are on the existing building slated
for demolition.
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3. The applicant indicates that the antennas are required to service the downtown area
due to the current weak signal strength caused by local topography.
4. 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.
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.
5. The Planning Commission finds that use of the proposed site results in fewer or less
severe environmental impacts than any feasible altemativ~ site pursuant to Section
17 .40.170 A(8).
6. The proposed use is consistent with the permitted uses allowed in the C-2 zone and
the General Plan.
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 facili ty 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 provider must submit a certification report
attested to by a licensed RF engineer that the facility is compliant with
· applicable FCC regulations for RF emissions.
2. The wall-mounted antennas shall be integrated into the building design, and
any screening used in connection with the facility shall be compatible with
the architecture, color, texture and materials of the building or other
structure to which it is mounted. The facility exterior shall be comprised of
non-reflective material{s) and painted or camouflaged to blend with
surrounding materials and colors, with final review by the Planning
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Commission prior to installation. No logos or other commercially identifying
graphics shall be installed on the wireless communication facility.
3. The mobile antenna tower shall not exceed 30 feet in height The mobile
antenna tower shall be removed from use once the permanent antennas are
installed and in use. Temporary screening or landscaping shall be used to
camouflage the trailer portion of the mobile antenna tower while it is in use.
The applicant shall send a public notification letter to all businesses and
residences within a 300-foot radius stating the temporary nature of the mobile
antenna tower.
4. This approval applies to the proposed Nextel wireless telecommunications
facility only. Any other wireless telecommunications companies need to get
separate Conditional Use Permit approval for co-location of additional wireless
telecommunication facilities.
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 ofrecordation 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 oflaw, 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
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development or activity on the subject property. Failure of the pennittee to cease any .
development or activity not in full compliance shall be a violation of these conditions.
2 The Planning Commission may review this Conditional Use Permit and may amend the
3 subject conditions or Lmpose any new conditions if deemed necessary to mitigate detrimental
effects on the neighborhood resulting from the subject use.
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Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision
5 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.
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VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Allen, Hoffinan, Kersenboom, Perrotti, Pizer
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 05-57 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 September 20, 2005.
September 20. 2005
Date
CUPAR200
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