HomeMy WebLinkAboutPC Resolution 01-221
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P.C. RESOLUTION NO.01-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF A
ROOF ANTENNA AND SATELLITE DISH TO AN EXISTING
BUILDING NONCONFORMING TO HEIGHT AT 2601 PACIFIC
COAST HIGHWAY LEGALLY DESCRIBED AS PART OF LOT A,
TRACT 1594 AND PART OF LOT 6, BLOCK 3, AMENDED MAP OF
SEASIDE PARK TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section I. An application was filed by XM Satellite Radio seeking approval of a
Conditional Use Permit for installation of rooftop satellite and antenna equipment pursuant to
the requirements of Section 17.46.240 of Zoning Ordinance;
Section 2. The Planning Commission conducted a duly noticed de novo public
hearing to consider the application for the Conditional Use Permit Amendment on July 17,
2001, 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 an antenna (70 inches tall by 2.25 inches
wide) on the parapet wall and satellite dish (26 inches in diameter) on the roof of
an existing commercial office building.
2. The subject lot is zoned C-3, General Commercial.
Section 4. Based on the foregoing the Planning Commission finds:
1. The proposed rooftop location of the satellite and antenna equipment is co -located
with other similar facilities at the property at 2601 Pacific Coast Highway.
2. The antenna equipment shall be located so that it does not exceed the roofline of the
parapet wall. All such equipment located below the building parapet is exempt from
surface area calculations pursuant to Section 17.46.240.
3. Any antenna or satellite dish that is one meter or less in diameter and designed to
transmit or receive radio communication by satellite is exempt from local regulation
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pursuant to Section 207 of the Telecommunications Act of 1996, Title 47 of the
Code of Federal Regulations.
4. The proposed location of the facilities will not be materially detrimental to property
or improvements in the vicinity and zone.
5. The proposed satellite dish will be placed on the rooftop with approximately 1.8
square feet on the widest side above the parapet wall and is not subject to area
limitation requirements due to size.
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 Deport 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 licensed RF engineer that the facility is compliant with applicable
FCC regulations for RF emissions.
2. The wireless communication facility shall be painted and maintained to thatch
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 satellite dish shall be placed to the centermost location of the rooftop to
screen it from view.
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
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the detense. 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 Plannning Commission may review this Conditional Use Perin.it and may amend the
subject conditions or impose any new conditions if deemed necessary to mitigate detrimental
effects on the neighborhood resulting froln 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 rinal decision by the City Ctruncll.
VOTE: AYES: Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSTAIN: None
ABSENT: Hoffman
CERTIFICATION
1 hereby certify the foregoing Resolution P.C. No. 01-22 is a true and complete record of
the action takers by the Planning Commission of the City of Hermosa beach., California at
their regular meeting of July 17, 2001.
r
5am Perrotti, Chairman Sol Blumen "eld, Secretary
Date
Cup01-2R