PC RES 2017-024 P.C. RESOLUTION NO. 2017-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE
PERMIT- REVISION TO ALLOW T-MOBILE TO INSTALL A 4'-8"
TALL PERMANENT BACKUP GENERATOR SUPPORTED BY A 4'-
4" TALL PROPANE TANK (99.1 GALLON) INSIDE THE EXISTING
GARAGE STRUCTURE AT 29661 WESTERN AVENUE (ZON2OI6-
00235).
WHEREAS, on June 26, 2007, the Planning Commission adopted P.C. Resolution No.
2007-45, approving a Conditional Use Permit ("CUP") under Planning Case No. ZON2007-
00213, allowing T-Mobile to install 12 antennae along the north, south, and east facing
facades of the Palos Verdes Villa Retirement Home. The approval also included equipment
cabinets to be installed within the existing parking garage. The existing T-Mobile wireless
telecommunications facility was set to expire on June 26, 2017; and
WHEREAS, on November 25, 2008, the Commission adopted P.C. Resolution No.
2008-49, approving a revision to the 2007 Commission-approved CUP to allow T-Mobile to
install one GPS antenna to the rooftop of the existing building instead of the south facade.
This approval also included raising the height of the roof parapet by 1'-2" at the northeast and
southeast corners to further screen the proposed antenna; and
WHEREAS, on June 2, 2016, the applicant (Suzanne Iselt/T-Mobile) submitted a CUP
Revision application to revise Condition of Approval No. 15 of P.C. Resolution No. 2007-45
that prohibits the use of a permanent backup generator in order to allow the installation of a
permanent backup generator within the existing garage structure; and
WHEREAS, the existing T-Mobile wireless telecommunications facility was set to
expire on June 26, 2017, which was extended by the Planning Commission on August 8, 2017
(P.C. Resolution No. 2017-19), to allow the continued operation of the existing T-Mobile
wireless telecommunication facility. As the adopted P.C. Resolution No. 2017-19 supersedes
the previous P.C. Resolution No. 2007-45, the proposed request would now revise Condition
of Approval No. 20 of P.C. Resolution No. 2017-19, which is the same condition that prohibits
permanent backup generators; and
WHEREAS, on June 29, 2016, Staff completed an initial review of the application, at
which time the application was deemed incomplete due to missing information on the project
plans. The applicant submitted additional information on several occasions and Staff deemed
the application complete on July 17, 2017; and
WHEREAS, on August 3, 2017, a public notice was mailed to all property owners
within a 500-foot radius from the subject property and published in the Peninsula News. The
City has not received any public comment letters in response to the public notice; and
WHEREAS, the project is Categorically Exempt from the provisions of the California
WHEREAS, the project is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA), under Article 19, Sections 15303 (New Construction or
Conversion of Small Structures) of the California Guidelines for Implementation of CEQA.
Specifically, the project includes the installation of a backup generator and supporting propane
tank inside an existing equipment area; and
P.C. Resolution No. 2017-24
Page 1 of 8
WHEREAS, the Planning Commission held a duly-noticed public hearing on August
22, 2017, 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 Conditional Use Permit Revision is approved to allow a 4'-8" tall
permanent backup generator supported by a 4'-4" tall propane tank (99.1 gallons) screened
by an existing solid wall enclosure located within an existing leasing area inside the existing
garage structure at 29661 Western Avenue (Palos Verdes Villa Retirement Home) 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 the
Development Code or by conditions imposed to integrate the use with those on
adjacent land and within the neighborhood. The existing T-Mobile wireless
telecommunication facility consists of antennas on a multi-story building and
associated equipment within a covered parking structure at ground level. The
proposed backup generator and associated propane tank will be installed within the
existing leasing area, inside the existing garage. As the existing equipment area is
located within an enclosed parking garage, it is not visible from public or private
properties. No changes are proposed to the existing equipment area.
B. The site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the use. No additional traffic will be generated
by the proposed project, because the proposed backup generator and propane tank
will be subject to the same routine maintenance as the existing T-Mobile antennas and
associated equipment on a monthly basis.
C. The use at this location will not generate significant adverse effect on adjacent
properties or the permitted uses thereof. The proposed backup generator and propane
tank will be installed within an existing equipment area inside the enclosed parking
garage. As such, the proposed project will not be visible from private or public
properties. Additionally, the backup generator will only be in operation if the existing T-
Mobile equipment fails and will be tested as part of the routine maintenance. T-Mobile
also provided a noise study to determine the anticipated noise levels as a result of the
proposed project. In summary, noise testing was conducted at the side property lines
(north and south), as well as the front property line. The noise levels at those locations
range between 53.5 dB(A) and 58.0 dB(A), which are lower than the Code allowed
maximum of 65 dB(A) for mechanical equipment. The proposed project will also be
subject to Building & Safety Division's review and approval.
D. The proposed use is not contrary to the General Plan. The General Plan's Urban
Environmental Policy No. IV (General Plan, page 100 and 138) states, "It shall be the
goal of the City to ensure adequate public utilities and communications services to all
residents, while maintaining the quality of the environment." The proposed project will
ensure T-Mobile coverage in the event of equipment failure and provide continuous
communication services to its residents. In addition, Infrastructure Policy No. 8 in the
City's General Plan requires "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." The proposed project will be located within the
P.C. Resolution No. 2017-24
Page 2 of 8
existing equipment area, located inside the existing garage structure and will not have
a visual impact.
E. 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). The size, placement and screening methods
for the proposal are such that additional conditions are not necessary to protect the
health, safety and general welfare. The existing conditions will remain in full force
and effect. More specifically, the proposed back-up generator will not be visible as it
will be located inside the existing garage structure Additionally, a noise study was
prepared concluding that noise generated by the backup generator will not exceed
the Code-permissible levels of 65 dB(a).
Section 2: The approval of this Resolution supersedes all Conditions of Approval
that were a part of the original approval under P.C. Resolution No. 2017-19 and any
subsequent amendments.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds
for appeal and any specific action being requested by the appellant. Any appeal letter must be
filed within 15 calendar days of the date of this decision, or by 5:30 PM on Wednesday,
September 6, 2017. 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 Wednesday,
September 6, 2017.
Section 4: 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 adopts P.C. Resolution No. 2017-24,
for Conditional Use Permit- Revision (ZON2016-00235) to allow T-Mobile to install a 4'-8" tall
permanent backup generator supported by a 4'-4" tall propane tank (99.1 gallons) inside the
existing garage structure at 29661 Western Avenue, subject to the Conditions of Approval
contained in the attached Exhibit 'A'.
PASSED, APPROVED AND ADOPTED this 22nd day of August 2017, by the following vote:
AYES: Commissioners Bradley, Leon, Nelson, Tomblin, Vice Chairman James, and
Chairman Cruikshank
NOES:None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Emenhiser
P.C. Resolution No. 2017-24
Page 3 of 8
Oki
• rui hank
= an
(11141°
_ - -
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2017-24
Page 4 of 8
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2016-00235
(29661 WESTERN AVENUE)
GENERAL CONDITIONS
1. This approval supersedes all Conditions of Approval that were a part of the original
Planning Commission approval under P.C. Resolution No. 2007-45 and any
subsequent amendments.
2. Prior to the submittal of plans for the Building and Safety plan check, the applicant
and/or 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 approval.
Failure to provide said written statement within ninety (90) days following the date of
this approval shall render this approval null and void.
3. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/ or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable, declaratory,
administrative or adjudicatory in nature), and alternative dispute resolutions
procedures (including, but not limited to arbitrations, mediations, and other such
procedures) (collectively "Actions"), brought against the City, and/ or any of its officials,
officers, employees, agents, departments, agencies, and instrumentalities thereof, that
challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any
permit or approval issued by, the City and/or any of its officials, officers, employees,
agents, departments, agencies, and instrumentalities thereof (including actions
approved by the voters of the City), for or concerning the project.
4. 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.
5. 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.
6. The approval shall become null and void after one year from the date of approval,
unless approved plans are submitted to the Building and Safety Division to initiate the
"plan check" review process.
7. Pursuant to Section 17.78.040 of the RPVDC, the Director of Community Development
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. Substantial
changes to the project shall be considered a revision and require approval of a revision
by the final body that approved the original project, which may require new and
separate environmental review and public notification.
P.C. Resolution No. 2017-24
Page 5 of 8
8. The project development on the site shall conform to the Commission-approved plans
and to the specific standards contained in these conditions of approval or, if not
addressed herein, shall conform to the Institutional (I), standards of the City's
Municipal Code.
9. 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.
10. 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 date of this Resolution.
11. 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.
12. 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.
13. 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.
14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM 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. All grading,
landscaping and construction activities shall exercise effective dust control techniques,
either through screening and/ or watering.
15. For construction projects that are accessible from a street right-of-way or an abutting
property, and which remain in operation or expect to remain in operation for over 30
P.C. Resolution No. 2017-24
Page 6 of 8
calendar days, the applicant shall provide temporary construction fencing, as defined
in Section 17.56.050(C) of the RPVDC. Unless required to protect against a safety
hazard, temporary construction fencing shall not be erected sooner than 15 days prior
to commencement of construction.
16. For all grading, landscaping, and construction activities, the applicant shall employ
effective dust control techniques, either through screening and/or watering.
PROJECT SPECIFIC CONDITIONS
17. This approval allows the continued operation of the following T-Mobile wireless
telecommunication facility (Approved by the Planning Commission on June 26, 2007
under P.C. Resolution No. 2007-45 and on October 25, 2008 under P.C. Resolution
N o. 2008-49):
a) Twelve (12) commercial antennas mounted on the north, south, and east facing
facades of the existing building with one (1) global positioning system (GPS)
antenna in the south-facing sector.
I. The façade-mounted antennas shall be located within architecturally
integrated screen enclosures. These screen encloses shall be
consistent with the exterior texture and the color of the building wall
where they are located, and shall be maintained so as to continue to
match the building wall in the future.
II. The façade-mounted antennas and screen enclosures shall not exceed
the height of the building where they are mounted, and the screen wall
including the supportive cabinets shall not exceed the height of the
existing metal parapet screen wall.
b) Four (4) individual antennas on one base/sleight on the rooftop at the
southeast corner screened by a parapet wall extension to the south and north
edges of the rooftop.
1. The parapet wall shall be textured and painted to match the exterior
color of the Palos Verdes Villa Retirement Home. The height of these
parapets shall not exceed 1'-2", as measured from the existing
ridgeline.
c) Support equipment shall be maintained within the existing leasing area in the
parking garage.
19. The wires and cables to the antennae panels shall not be exposed.
20. This approval does not include the use or installation of a permanent back-up
generator for the antennae support equipment. Any future request for a permanent
back-up generator will require the approval of a conditional use permit revision by the
Planning Commission. However, the use of temporary back-up generator during
emergencies or extended power outages is permitted, provided that the generator
does not exceed 65 dBA, as measured from the closest adjacent property line.
P.C. Resolution No. 2017-24
Page 7 of 8
Installation of a 4'-8" tall permanent back-up generator supported by a 4'-4" tall
propane tank (99.1 gallons) inside the existing garage structure to support the existing
on-site T-Mobile wireless telecommunication facility. The back-up generator and
propane tank located within the existing equipment area screened by an existing solid
wall enclosure. The back-up generator shall be permitted only during emergencies or
extended power outages, provided that the generator does not exceed 65 dBA, as
measured from the closest adjacent property line.
Revised by P.C. Resolution 2017-24 on August 22, 2017
21. The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from the closest adjacent property line. Any additional sound attenuation
measures to achieve this standard shall be the responsibility of the Applicant, and shall
be subject to the review and approval of the Director of Planning, Building and Code
Enforcement.
22. T-Mobile shall submit updates on Wireless Communications Technology every five
years from the date of this approval, to be reviewed by the Director of Community
Development. The purpose of these updates is to identify both new and emerging
technologies, as well as outdated or obsolete technologies whose facilities and
infrastructure could be replaced or removed. Additionally, T-Mobile shall keep on file
with the City the name, address, and phone number of a contact person for said
updates. The contact information shall be filed with the Director of Community
Development prior to the issuance of building permits.
23. This Conditional Use Permit shall expire on June 26, 2027, which is ten (10) years
from the original expiration date (June 26, 2017); at such time, the wireless antenna
and all related equipment shall be removed from the site. However, the Planning
Commission shall grant an extension to the Conditional Use Permit provided that the
service provider demonstrates that the antenna and related equipment are not using
obsolete technology and are still in use.
P.C. Resolution No. 2017-24
Page 8 of 8