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 City of Hermosa Beach --- 02-13-01
Planning Commission Recommendation: Deny the requested Variance and adopt the attached resolution.
Background: ZONING: C-3 GENERAL PLAN: General Commercial On December 6, 2000, the Planning Commission denied the subject Variance. The project site is located on the northwest corner at the intersection of Artesia Boulevard and Pacific Coast Highway and is developed with a three-story commercial office building constructed in 1980, which is nonconforming to building height requirements. The proposed project involves the construction of an omni whip antenna (70 inches tall by 2.25 inches wide) a satellite dish (26 inches in diameter) and a repeater (3 feet by 3 feet by 5 feet) on the roof of the commercial office building.
Analysis The XM Satellite Radio system uses direct satellite-to-receiver technology to provide listeners with uninterrupted "seamless digital sound from coast to coast." The system design uses a network consisting of two satellites and an "up-link" interface located in Washington D.C.. Radio reception is generally received directly from the satellites, however, where there are topographic or man-made obstructions the signals may be interrupted and a ground-based repeater must be installed to provide the uninterrupted signal. The Federal Communications Commission (FCC) has no jurisdiction over the operation and permitting of the proposed satellite radio system. FCC regulations do not preempt local zoning regulation as long as it is not applied in a discriminatory fashion. Section 17.46.010 of the Zone Code prescribes a 5% maximum for area coverage limitation for certain equipment that may exceed the maximum allowable height for the zone. The total allowable equipment on the roof does not exceed the 5% limitation. However, p ursuant to Section 17.46.240 or the Zone Code, antennas, satellite dishes and similar equipment 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. The proposed project alone is well below the 12 square feet allowed above the height limit, however there are other existing antenna and equipment on the rooftop which cumulatively exceed the 12 square foot requirement. The Planning Commission denied the Variance request on the basis that it could not make the four mandatory findings for approval. In order to grant a Variance, the City Council must make the following findings:
According to the applicant, the subject site provides a necessary platform for installation of a ground-based (non-satellite) repeater because the satellite coverage will otherwise be blocked by the surrounding hillside, or tall buildings and trees, if not installed or installed at a lower elevation. The Commission noted that the applicant did not research whether there were other suitable sites available to meet the technical requirements of the system which did not require granting a Variance. Furthermore, there do not appear to be any exceptional circumstances limited to the physical conditions applicable to the property involved; there are only exceptional circumstances related to the physical requirements of the project system. The applicant has since researched alternative sites, including the Hotel Hermosa (as recommended by staff), for placement of the proposed roof antenna and dish. According to the applicant, the Hotel Hermosa will not allow any antennas on the roof and other surrounding sites are too low for their purposes. The applicant has submitted documentation in support of this contention. (Please See Attachment No. 2).
The Commission noted that although other buildings along the PCH corridor have rooftop electronic or HVAC equipment that exceeds the height limit because the buildings are nonconforming to height, no other commercial property in the vicinity has rooftop antennas, satellite dishes or similar equipment in excess of the 12 square feet of surface area allowed by the Hermosa Beach Zoning Code. Thus granting the Variance would convey to the subject property a substantial property right that is not possessed by properties in the same vicinity and zone.
The applicant indicates that given that the building is higher than other adjacent properties, and due to the existing six foot tall rooftop parapet wall, the proposed project will largely be unseen from the surrounding properties. The Commission recognized that the proposed antenna and satellite dish will not have a substantial aesthetic impact individually, but that cumulatively with other roof top equipment, the granting of the Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the area. Although, the proposed rooftop antenna is proposed to be mounted to match the height of existing antennas on the subject rooftop it will be visible from PCH and Artesia Boulevard.
The applicant indicates that the proposed project does not conflict with the General Plan as it is consistent with other equipment currently located on the roof and will have minimal impact, visual and otherwise, upon surrounding residential and commercial properties. The Commission felt that the cumulative impacts of the additional equipment conflicted with the intent of the General Plan relative to maintaining the character of the commercial corridor.
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