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PC RES 2014-018 P.C. RESOLUTION NO. 2014-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION (ZON2014-00163) TO ALLOW AT&T TO REPLACE ALL TWELVE OF THE EXISTING 8' TALL ANTENNAS WITH TWELVE NEW ANNTENNAS AT THE SAME SIZE AND LOCATION, AND INSTALL TWENTY SEVEN NEW 2' TALL REMOTE RADIO UNITS WITHIN EXISTING AND NEW ARCHITECTURAL FAQADE PROJECTIONS NEAR THE TOP OF A MULTI-STORY OFFICE BUILDING LOCATED AT 29000 WESTERN AVENUE. WHEREAS, on May 23, 2003, the Planning Commission adopted P.C. Resolution No. 2003-24, thereby allowing Nextel Communications (now known as AT&T) to install twelve 4' tall antennas on the building fapade behind plastic screens, two condensing units on the side of the building at ground level, and the construction of an enclosed equipment room within the existing basement of the commercial building for the placement of antenna related equipment; and, WHEREAS, on November 22, 2011, the Planning Commission adopted P.C. Resolution No. 2011-37, thereby allowing AT&T to replace existing 4' tall antennas with twelve new 8'.tall antennas in the same general location on the building facade behind modified screens and install additional equipment cabinets on the roof; and, WHEREAS, on April 30, 2014, Trillium, representing AT&T, submitted a Conditional Use Permit revision requesting to replace all twelve of the existing 8' tall antennas with twelve new 8' tall antennas at the same height and in the same location and install twenty seven new 2' tall remote radio units (RRU) within existing and new architectural facade projections near the top of a multi-story office building; and, WHEREAS, after an initial review, Staff deemed the project incomplete on May 7, 2014 based on insufficient information. In response, the applicant submitted additional information and Staff deemed the project complete on May 20, 2014; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice issued on June 19, 2014, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 8, 2014, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The proposed project is a request by AT&T to replace all twelve of the existing 8' tall antennas with twelve new 8' tall antennas at the same height and in the same P.C. Resolution No. 2014-18 Page 1 of 7 location within the existing architectural fagade projections on the northwest fagade near the top of the US Bank building to improve wireless service for AT&T customers in the area. The proposal also includes the installation of twenty seven 2' tall remote radio units (RRU) on the building fagade near the top of the building. Nine RRUs will be installed together on two different building fagades (near the northwest corner facing south and southeast) of the building. All proposed antennas and RRUs will be visually screened within hollow architectural fagade projections, which will not exceed the existing ridgeline of the building. Section 2: Approval of a Conditional Use Permit revision to allow AT&T to replace twelve 8' tall existing antennas with twelve new antennas of the same size and in the same location and to install twenty seven 2' tall RRU's is warranted because: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title (Title 17 — Zoning) or by conditions imposed under this section (RPVMC 17.60.050) to integrate said use with those on adjacent land and within the neighborhood. More specifically, since the new antennas and RRUs are proposed on the building facade of the existing building, no additional space on the property is required to accommodate the proposed improvements. Additionally, the proposed project will be screened behind existing and new hollow architectural projections that will match the color and style of the building. Therefore, additional conditions are not necessary to further integrate the new antennas with the existing building and adjacent land. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. More specifically, there will be no additional traffic generated by the proposed project since any required service will be part of the current routine maintenance schedule for the existing AT&T antennas and related equipment on the subject property. C. In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. More specifically, all twelve of the existing antennas are proposed to be replaced like-for-like in the same location behind existing architectural facade projections. Additionally, the new twenty seven RRUs are proposed on two separate fagades of the existing building, all of which will be screened within new hollow facade projections that will match the ones screening the existing antennas. These will be color-matched to integrate with the existing building and will not exceed the ridgeline. The two new fagade projections will blend in with the style of the office building, which includes fagade projections and roof elements in varying heights. Additionally, given that these fagade projections are at least 68'" above the ground level and recessed from the main building facades, the visual difference as a result would be negligible. D. The proposed use is not contrary to the General Plan because as proposed and conditioned, the project implements goals and policies of the General Plan to "ensure adequate public utilities and communication services to all residents, while maintaining the quality of the environment" and "require adequate landscaping or buffering techniques for all new and existing facilities and networks, in order to reduce the visual impact of many infrastructure facilities and networks (Infrastructure Policy No. 8)". More specifically, the proposed project will improve wireless services P.C. Resolution No. 2014-18 Page 2of7 and the visual impacts will be negligible as the new fagade projections will be recessed from the building fagade and located 68' above the ground level. E. The site of the proposed use is not within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of the Development Code. F. Conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed (including but not limited to): setbacks and buffers; fences or walls; lighting; vehicular ingress or egress; noise, vibration, odors and similar emissions; landscaping; maintenance of structures, grounds or signs; service roads or alleys; and such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title (Title 17 — Zoning), as described in the conditions of approval of the attached Exhibit 'A.' More specifically, the proposed antennas and RRUs have been conditioned to be mounted within existing and new architectural fagade projections that match the exterior color of the existing building. Section 3: The proposed project is consistent with the Wireless Communications Antenna Development Guidelines adopted by the Planning Commission. More specifically, 1) the proposed application was processed expeditiously; 2) the proposed location is on an existing, non-single-family structure; 3) co-location is proposed; 4) view corridors are preserved; 5) public, private costs and benefits were balanced; 6) a network master plan was submitted; 7) photographic simulations were submitted but a full-scale mock-up was not required; 8) periodic updates on Wireless Communications Technology is required as it would not be visually noticeable; 9) screening of support equipment and structure are proposed; and 10) a ten-year expiration to the Conditional Use Permit revision has been applied. Section 4: The proposed project is consistent with limitations on local zoning authority imposed by the Telecommunications Act of 1996. More specifically, the City's approval of this Conditional Use Permit Revision does not unreasonably discriminate among providers of functionally-equivalent services, or prohibit or have the effect of prohibiting the provision of personal wireless services; the City has acted upon this request within a reasonable period of time after the request was duly filed, considering its nature and scope; the decision to approve this permit has been made and supported by substantial evidence contained in a written record; and the City's conditional approval of this request has been made irrespective of any actual or perceived environmental effects attributable to radio frequency emissions, to the extent that the proposed project complies with the Federal Communications Commission's regulations concerning such emissions. Section 6: Any interested person aggrieved by this decision or any portion of.this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, July 23, 2014. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on July 23, 2014. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves a Conditional Use Permit revision for the replacement of twelve existing 8' tall antennas, with twelve new P.C. Resolution No. 2014-18 Page 3 of 7 antennas of the same size and in the same location, and the installation of twenty seven 2' tall RRUs within existing and new architectural fapade projections near the top of an existing multi- story office building located at 29000 Western Avenue (Case No. ZON2014-00163). PASSED, APPROVED AND ADOPTED this 8th day of July 2014, by the following vote: AYES: Commissioners Gerstner, James, Tomblin, Chairman Leon NOES: None ABSTENTIONS: None RECUSALS: Commissioner Emenhiser ABSENT: Commissioners Cruikshank, Vice Chairman Nelson Gordon Leon, Chairman Joel Rojas, bev Communityopme t irector; and, Secretary olannin Commission P.C. Resolution No. 2014-A Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2014-00163 (AT&T) 29000 Western Avenue General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. The Community Development Director is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the commercial development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval maybe cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective P.C. Resolution No. 2014-18 Page 5 of 7 date of this Resolution. 10. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 11. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 13. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 14. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall.be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. Proiect Specific Conditions: 15. This approval allows the following: a) Replacement of twelve 8' tall antennas with twelve new 8' tall antennas screened within existing architectural building fagade projections; and, b) Twenty seven 2' tall RRUs in two separate areas screened behind new architectural fagade projections. 16. The architectural fagade projections shall not exceed the ridgeline and be of the same design and color of the existing office building. P.C. Resolution No. 2014-18 Page 6 of 7 17. AT&T shall submit periodic updates on Wireless Communications Technology every five years, from the date of this approval, to be reviewed by the Community Development Director. 18. This approval shall be valid for a period of 10 years from the date of the City's final action, or until July 8, 2024. The applicant and/or its successor(s) interest may request an extension of this approval to the body taking final action, in writing and accompanied by the applicable fee, so long as such extension request is filed with the City on or before the date of expiration. P.C. Resolution No. 2014-18 Page 7of7