HomeMy WebLinkAboutPC Resolution 03-211
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P.C. RESOLUTION NO.03-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A WIRELESS
COMMUNICATION FACILITY TO COLOCATE WITH EXISTING
BUSINESSES AT 1100 PACIFIC COAST HIGHWAY, LEGALLY
DESCRIBED AS SET FORTH IN THE ATTACHMENT.
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 Wireless seeking approval of a
Conditional Use Permit for installation of wireless communication antennas and 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 on April 15, 2003, 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 three (3) antennas within a modified light pole
adjacent to the north parking lot and install equipment cabinets at the base of the
landscaped embankment between the Ralphs supermarket and the shopping center's
north parking lot. The applicant indicates that the antennas are required to service
the central portion of the city and to provide coverage along Pacific Coast Highway.
2. The existing light pole has a 9-inch diameter and is approximately 35 in height. The
proposed modified light post will have a 22-inch diameter in order to conceal the
proposed antennas inside, but will maintain the same light fixture and height.
3. The applicant indicates that the antennas are required to service the central portion
of the city and to provide coverage along Pacific Coast Highway.
4. The subject lot is zoned C-3, General Commercial.
Section 4. Based on the foregoing the Planning Commission finds:
1. The proposed antennas will be co -located with the existing businesses at 1100
Pacific Coast Highway, consistent with Section 17.40.170 C(7) that states whenever
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possible wireless communication facilities should be located on existing
buildings, existing poles, or other existing support structures.
2. All antennas shall be installed below the 35-foot height limit in the C-3 zone,
therefore the proposed antennas will comply with height requirements pursuant to
Section 17.46.240 C(1).
3. The proposed wireless telecommunications facility has a proposed setback of 32
feet from the nearest residential use, and thereby complies with all setback
requirements for the C-3 zone.
4. The proposed antennas will be completely screened by the modified light pole and
the proposed equipment cabinets are placed at the bottom of a landscaped
embankment screened by adjacent topography, buildings and structures. The
modified light pole and the equipment cabinets shall also be painted to match
existing structures. Thus, the proposed facility complies with Section 17.40.170
C(2), which 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 proposed location of the facilities will not be materially detrimental to property
or improvements in the vicinity and zone.
6. The Planning Commission finds that use of the proposed site results in fewer or less
severe environmental impacts than any feasible alternative site pursuant to Section
17.40.170 A(8).
7. The proposed use is consistent with the permitted uses allowed in the C-3 zone and
the General Plan.
Section 5. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Pen -nit 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 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 height of the modified light pole shall be identical to the existing pole
height.
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3. The modified light pole shall conceal the proposed antennas and shall be
painted and maintained to match the color of the existing light poles. The
equipment cabinets shall be painted and maintained to match the color of the
existing transformer and fmished 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.
4. Any change to or relocation of antennas or other equipment associated with the
wireless telecommunications facility shall be reviewed and approved by the
Planning Commission.
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
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
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.
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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: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 03-21 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 April 15, 2003.
Peter Hoffinan, %a an.
April 15 2003
Date
CUPR 1100 (03-3)
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