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HomeMy WebLinkAboutPC Res 14-3 - 2014-05-21RESOLUTION NO. 14 -3 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 14 -2 TO PERMIT A WIRELESS TELECOMMUNICATIONS FACILITY AT 2401 SEAL BEACH BOULEVARD IN THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On March 10, 2014, Core Development Services submitted an application on behalf of Verizon Wireless ( "the applicant ") for Conditional Use Permit (CUP) 14 -2 to permit a wireless communication facility to be co- located on the rooftop of an existing hotel at 2401 Seal Beach Boulevard ( "the subject property "). Wireless communication facilities are permitted on the subject property subject to approval of a CUP. Section 2. A duly noticed public hearing to consider the application for CUP 14 -2 was held before the Planning Commission on May 21, 2014. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject property is located south of Westminster Boulevard and north of Seal Beach Boulevard, in Planning Area 4 of the Boeing Integrated Defense Systems (BIDS) Specific Plan Area. It is surrounded by Light Manufacturing (LM) uses to the west, Residential High Density (RHD) to the north across Westminster Avenue, General Commercial (GC) to the east and Military (ML) to the south. B. There is an existing hotel on the subject property and an existing wireless communication facility located on the roof of the hotel. The existing wireless communication facility is not owned or operated by Verizon. C. The applicant proposes to install three (3) antenna arrays and a single microwave dish on the roof of the hotel. Each antenna array would consist of four (4) panel antennas. The antenna arrays and microwave dish would be screened from public view by ten -foot extensions of the parapets over the middle and southeastern end of the hotel. The parapet over the northwestern end of the hotel would be similarly extended for purposes of architectural compatibility. The applicant also proposes to construct a related eight -foot tall, 300 square -foot equipment cabinet enclosure on the grounds of the hotel. The enclosure would house five (5) cabinets and three (3) GPS antennas. D. City staff has determined that approval of CUP 14 -2 is categorically exempt from review under the California Environmental Quality Act, Pub. Res. Code § 21000 et seq., ( "CEQA ") and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq., because it would only result in the construction and installation of relatively small facilities and new equipment for a minor accessory use, and that it is therefore -1 of 5- categorically exempt from further CEQA review under the CEQA Guidelines, Sections 15303 (Class 3 — Construction of small new facilities or equipment) and 15311 (Class 11 — Minor accessory structures). Section 3. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.4.70-035 and 11.5.20.020 of the City of Seal Beach Municipal Code, the Planning Commission hereby finds as follows: A. The proposed use is consistent with the General Plan and the BIDS Specific Plan. The BIDS Specific Plan permits wireless telecommunications facilities in Planning Area 4. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing BIDS operations. As conditioned, the proposed wireless facility is a logical accessory use to the existing hotel and the existing wireless facility, which has proven to be compatible with the hotel and surrounding uses. B. The proposed use is allowed within General Commercial (GC) District and BIDS Specific Plan subject to approval of a Conditional Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as a Specific Plan Regulation zone and the Zoning Map designates the area as General Commercial (GC). Pursuant to Seal Beach Municipal Code Section 11.4.70.030.13, Wireless Telecommunications Facilities are permitted in the GC zone with approval of a Conditional Use Permit. The Zoning Ordinance encourages the co-location of wireless facilities on existing structures within approved zoning districts. Furthermore, the proposed wireless facility complies with all requirements of Chapter 11.4.70 of the Municipal Code for wireless telecommunication facilities. C. The site is physically adequate for the type, density, and intensity of the use being proposed. The proposed wireless facility will be installed on the roof of an existing hotel. The facility will not require construction of new monopoles or structures other than an accessory equipment enclosure made to look like a trash enclosure. The subject site is developed with an existing wireless facility on the hotel roof and the proposed wireless facility will be installed in the same area so that no major alterations are required on the site. The proposed enclosure and lease area will be un-manned and will not intensify the density or parking demand for the project site. D. The location, size, design, and operating characteristics of the proposed use are compatible with, and will not adversely affect, uses and properties in the surrounding neighborhood. The proposed wireless facility will operate as an accessory use to an existing hotel, where another wireless facility is already operating with no adverse effects. The existing parapets on the hotel will be extended to ensure that no wireless facility will be visible from public view. The proposed equipment cabinet enclosure is consistent with the BIDS Specific Plan design guidelines, which allows walls to be placed within the landscaping setback. The enclosure, as conditioned, will match the finish, color and material of the existing adjacent trash enclosure. -2 of 5- E. The establishment, maintenance, and operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. The wireless telecommunication facility will be required to operate at all times within the FCC's established standards for radio frequency emissions. The facility will not be readily accessible to individuals residing or working in the vicinity. The facility will be unmanned and will not require dedicated parking or generate noise above the City's applicable noise standards. Maintenance will take place bi-monthly and only during regular business hours between 8:30 a.m. and 4:30 p.m. The existing wireless facility has been in operation with a similar maintenance schedule and has not caused a detriment. F. The proposed use conforms to the specific purposes of Chapter 11.4.70 of the Seal Beach Municipal Code regarding wireless telecommunications facilities and any special standards applicable to the proposed facility. The proposed wireless telecommunications facility meets the purpose of City's regulations by providing a well-designed and appropriately located facility on an existing structure utilized by multiple service providers. The proposed wireless facility will provide additional telecommunications infrastructure for residents. G. The applicant has made a good faith and reasonable effort to co- locate on an existing building structure and not a new ground mounted antenna, monopole, or lattice tower. The selected site possesses an existing building structure which is able to accommodate the proposed wireless facility without need for a new ground mounted antenna. H. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The wireless facility and equipment enclosure will be fully screened from view and installed on a fully developed site where an existing wireless facility is already operating, thereby minimizing the impacts of its installation. If located at an alternative site, it would likely be more aesthetically intrusive. 1. The proposed facility will not be readily visible so that a person with normal vision could see it and distinguish it as an antenna or other component of a wireless facility. The rooftop equipment will be completely screened by the extension of the rooftop parapets. The equipment enclosure will be installed and designed to match an existing trash enclosure on site and will completely screen the equipment cabinets from public view. Section 4. Based upon the foregoing, the Planning Commission hereby approves CUP 14-2 to permit a rooftop wireless telecommunications facility and a ground level equipment cabinet enclosure, subject to the following conditions. 1. Conditional Use Permit 14-2 is approved to permit a wireless telecommunication facility at 2401 Seal Beach Boulevard consisting of three (3) antenna arrays, twelve (12) panel antennas, one (1) microwave dish on the roof of an existing hotel building, and an equipment cabinet enclosure located on the hotel grounds. The facility must substantially conform to the plans submitted and on file with the Community Development Department. -3 of 5- 2. The applicant must obtain approval of a Coastal Development Permit from the California Coastal Commission prior to submittal for building plan check. 3. Building permits must be obtained for all wireless telecommunication facility equipment and enclosures. 4. The equipment cabinet enclosure must not exceed eight (8) feet in height or three hundred (300) square feet in area and must match the 5/8" plaster finish and X -278 Trabuco color of the existing adjacent trash enclosure. 5. Any proposed alterations or upgrades to the wireless telecommunication facility including replacing antennas, or ground mounted equipment require review and approval from the City of Seal Beach Planning Division. 6. Failure to comply with any of these conditions or a substantial change in the mode or character of the establishment shall be grounds for revoking or modifying this CUP approval. 7. Upon submittal for the building plan check, the Applicant must submit landscape plans which indicate the size, quantity and shrub type to be installed around the equipment enclosure. 8. In the event that the facility interferes with or disturbs radio or television reception for the surrounding residences or uses within the general vicinity, the applicant shall repair the facility within 10 days of the notification or cease its operation. The applicant must submit to the Planning Division in letter form a name and telephone number of a contact person who will receive the complaints prior to issuance of a building permit. 9. The wireless facility and any related equipment must comply with Seal Beach Municipal Code (SBMC) Chapter 7.15 "Noise" and SBMC §11.4.70.025.H.2. Should complaints be received regarding noise generated by the wireless facility and equipment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of SBMC Chapter 7.15 and SBMC §11.4.70.025.H.2. 10. Anti - graffiti coating must be applied and maintained on the exterior surface of the cabinet enclosure and the appearance and structure of the enclosure must be maintained in good condition at all times. 11. The applicant must ensure that all contractors and subcontractors performing work on this project obtain City business licenses. 12. The applicant must not install any type of temporary device or telecommunication facility, system apparatus, including but not lirnited to a monopole and generator, or any other type of wireless facility without first submitting and obtaining approval from the City of Seal Beach Planning Division. 13. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. -4 of 5- 14. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 15. The wireless telecommunication facility must comply with all applicable federal standards for radio frequency (RF) emissions and interference. No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the FCC's lirnits for electric and magnetic field strength and power density for transmitters or operate in a manner that will degrade or interfere with existing telecommunications systems as stipulated by federal law. Failure to meet federal standards may result in termination or modification of permit. 16. Prior to submittal for building plan check, the applicant must coordinate with, and obtain written approval from, the U.S. Department of the Navy, Naval Weapons Station, Seal Beach to ensure the new wireless facility will not interfere with Naval operations. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held • May 21, 2014, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt ST: Chairperson Jim Basham Panning nning Commission Secretary