HomeMy WebLinkAboutPC Res 00-10 - 2000-06-14
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Resolution 00-10
RESOLUTION NUMBER 00-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING V ARIANCE NO. 00-2, A
REQUEST TO RAISE THE HEIGHT OF A CELLULAR PHONE
ANTENNAE ABOVE THE 35 FOOT HEIGHT LIMIT FOR SAFETY
RELATED REASONS. THE ANTANNAE WILL PROTRUDE
APPROXIMATELY 8 OR 9 FEET ABOVE THE HEIGHT LIMIT
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section I. On March 22, 2000, John Koos, on behalf of Airtouch Cellular,
"The Applicant" submitted an application for Variance 00-2 with the Depaltment of Development
Services. Specifically, the applicant is requesting a vai'iance to raise the height of a cellular phone
antennae above the 35 foot height limit for safety reasons.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.A ofthe
City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No.
00-2 is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif. Code of Regs. 9 15305 (Minor Alterations in Land Use Limitations) because
the request is for a minor alteration in land use limitations in an area with an average slope ofless
than 20% and no changes in land use or density are involved; and, pursuant to 9 15061(b)(3),
because it can be seen with celiainty that there is no possibility that the approval may have a
significant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 3,2000 to consider the application for Variance No. 00-2. At the hearing the
applicant spoke in favor of the request.
Section 4.
The record of the hearing on May 3, 2000indicates the following:
(a) On March 22, 2000, John Koos, on behalf of Airtouch Cellular,
("The Applicant") submitted an application for Variance 00-2 with the Depaliment of
Development Services. Specifically, the applicant is requesting a variance to raise the height of an
existing cellular phone antennae above the height limit for safety reasons.
(b) The subject property is located at 13001 SearBeach Boulevard.
(c) The surrounding land uses and zoning are as follows:
NORTH Garden Grove Freeway (SR-22)
EAST Naval Weapons Station Seal Beach in a Public Land Use (PLUfR) zone.
SOUTH & WEST . Residential High Density (RHD) housing in an RHD zone within leisure
world.
(e) In response to the mailed and published notice of this hearing staff
has received no complaints, written or other, to this request.
Section 5. Based upon the facts contained in the record, including those stated in
94 of this resolution and pursuant to 9928-2500 through 28-2502 of the City's Code, the
Planning Commission hereby finds as follows:
(a) Variance 00-2 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "Service Commercial" designation for the
subject property and permits office uses and permits cellular phone towers to be located on top of
commercial buildings. The use is also consistent with the remaining elements of the City's General
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Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element.
Accordingly, the proposed use is consistent with the General Plan.
(b) The subject cellular phone tower is unique in that it has had Federal
Communications Commission guidelines placed on it which indicate that the antennae might be
dangerous ifleft in its current position. Further, the FCC has outlined that when possible human
contact should be avoided with radiofrequency (RF) waves. As such, the most safe and reasonable
solution will be raise the antennae to a safe distance, which will protrude above the height limit by
approximately 8 or 9 feet.
(c) The granting of this variance will not constitute a special privilege
given to one property owner that would not be afforded to another by viliue of the fact that the
raising of the antennae was done to comply with new saftey regulations placed on the owner of
the antennae after it was already built, and the applicant is attempting to do his or her part to
reduce health and safety hazards to workers or other persons who may need to be on the roof.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Variance No. 00-2, subject to the following conditions:
1. Variance 00-2 is approved to allow the raising of an existing cellular phone antennae to be
approximately 8 or 9 feet above the 35 foot height limit.
2. All construction shall be in substantial compliance with the plans approved through Variance
00-2.
3. This Variance shall not become effective for any purpose unless an "Acceptance of
Conditions" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Depaliment; and until the
ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 14th day of June, 2000 by the following vote:
AYES: Commissioners
Hood, Cutuli, Brown, Lyon
NOES: Commissioners
ABSTAIN: Commissioners
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'L)le Whittenberg, Secretary
Planning Commission