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PC RES 2019-011 P.C. RESOLUTION NO. 2019-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES EXTENDING A CONDITIONAL USE PERMIT UNTIL JANUARY 27, 2029 TO ALLOW THE CONTINUED OPERATION OF AN EXISTING VERIZON WIRELESS TELECOMMUNICATION FACILITY ON AN EXISTING PARKING LIGHT STANDARD LOCATED AT RYAN PARK 30359 HAWTHORNE BLVD. (CASE NO. PLCU2018-0002) WHEREAS, on January 27, 2009, the Planning Commission ("Commission") adopted P.C. Resolution No. 2009-02, approving a Conditional Use Permit ("CUP") allowing Verizon to install a new monopole light standard to accommodate three panel antennas standard and related equipment in the parking lot of Ryan Park (Case No. ZON2007-00243). Condition No. 19 of P.C. Resolution No. 2009-02 states that the CUP shall expire 10 years after its approval date; at such time, the wireless antenna and all related equipment shall be removed from the site, unless the Applicant requests and the Commission approves an extension; and, WHEREAS, on September 26, 2017, the Planning Division Staff approved an over-the-counter Minor Site Plan Review application allowing Verizon to replace the existing panel antennas with taller ones, thereby increasing the overall height from 30' to 31'-4". This increase in height did not require additional discretionary approval as the proposed modification was considered an eligible facilities request (EFR) under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and, WHEREAS, on February 8, 2018, pursuant to Condition No. 19 of P.C. Resolution No. 2009-02, the Applicant (Al Gamboa of Milestone Wireless) submitted a written request to extend the time frame of the CUP for the continued operation of a Verizon wireless telecommunication facility ("Verizon Facility" or "Facility"), which was set to expire on January 27, 2019; and, Whereas, on March 6, 2018, 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 May 10, 2019; and, WHEREAS, on May 16, 2019, a public notice was mailed to all property owners within a 500' radius from the subject property and published in the Peninsula News; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), the project is Categorically Exempt from the provisions of the CEQA, under Article 19, Sections 15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA. Specifically, the project includes the renewal of a Conditional Use Permit to allow the continued operation of an existing wireless P.C. Resolution No. 2019-11 Page 1 of 8 telecommunication facility until January 27, 2029 where no modifications are proposed and involves no expansion of said use; and, WHEREAS, the Planning Commission held a duly-noticed public hearing on June 11, 2019, 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 above recitals are true and correct and incorporated herein by reference. Section 2: The extension of the CUP to allow the continued operation of the Verizon Facility until January 27, 2029 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 the Development Code or by conditions imposed to integrate the use with those on adjacent land and within the neighborhood. The Verizon Facility complies with the City's development standards for commercial antenna installation; meets setback and height requirements; has an adequate number of off-street parking spaces for maintenance and service vehicles; has adequate screening for the on-ground supporting equipment; and the antenna does not require special markings or lighting to comply with Federal Aviation Administration requirements. B. The site relates to streets and highways sufficient to carry the type and quantity of traffic generated by the use. The continued operation of the Facility will not generate additional traffic since any required service will be part of the current routine maintenance schedule for the existing antenna panels and related equipment on the property. Typical maintenance usually takes approximately 1- 3 hours to inspect the overall site integrity and perform operational calibration. C. The use at this location will not generate significant adverse effect on adjacent properties or the permitted uses thereof. The request does not involve modifications to the existing use and structure. The Facility is to remain as is. In addition, maintenance to the facility is conducted on an as-needed basis. New traffic will not be created with the continued operation of the Facility as its existing operation has not created a significant effect on adjacent properties. The existing equipment is below grade within a retaining block wall enclosure which does not produce significant noise and the existing antennas continue to match the color of the light standard. D. The use is not contrary to the General Plan. The General Plan's Circulation Element Goal No. 1 (General Plan, page C-5) is to "ensure adequate public P.C. Resolution No. 2019-11 Page 2 of 8 utilities and communication services to all residents, while considering environmental, aesthetic, and view impacts." The extension of the CUP will allow continued adequate communication services for its residents. In addition, the existing antennas match the color of the light standard on which they are mounted and the related equipment is screened within an enclosed equipment area and foliage has been planted in front of the area to further screen the equipment. 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). As no modifications are proposed to the existing Verizon Wireless Facility, all conditions that were previously imposed shall remain except for the time frame. Section 2: The extension of the Conditional Use Permit (Case No. ZON2018-0002) until January 27, 2029 is consistent with the City's Wireless Communications Antenna Development Guidelines because: A. Guideline 1: Expeditious Processing of Applications — The City processed the application in an expeditious manner, based upon the timely submittal of all requested information from the wireless communications service provider applying for the permit. B. Guideline 2: Preference for Existing, Non-Single-Family Structures as Antenna Sites — The Verizon Facility is installed on an existing light standard, which is located within a public park. The supporting equipment is located adjacent to the parking lot for the public park. C. Guideline 3: Encourage Co-Location— The Verizon Facility is on an existing light standards and no changes are proposed. Future applications from other carriers shall be encouraged to take advantage of this location for installation of antennae. D. Guideline 4: Preservation of View Corridors — No modifications to the existing Verizon Facility are proposed and therefore, there will be no impacts to view corridors. E. Guideline 5: Balance of Public and Private Costs and Benefits — The proposed request will continue to provide improved reception for Verizon customers in the vicinity which benefits the greater good versus the financial gain that the wireless carrier may receive in return. P.C. Resolution No. 2019-11 Page 3 of 8 F. Guideline 6: Submittal of Network Master Plan Required — A Network Master Plan was submitted as part of the application package. G. Guideline 7: Photographic Simulations and Full-Scale Mock-Ups Required — Photographs simulations and full-scale mock-ups were not required as the extension only allows the continued operation of an existing facility. H. Guideline 8: Periodic Updates on Wireless Communications Technology Required — The Facility will remain with no removal or upgrades to the existing infrastructure at this time. I. Guideline 9: Screening of Support Equipment and Structures Required — The existing support equipment is adequately screened and is below the grade of the parking lot within a retaining wall enclosure. The enclosure is further screened with shrubs along the retaining wall and safety railing. J. Guideline 10: Expiration of Conditional Use Permit — The CUP shall be valid for another 10 years, set to expire on June 11, 2019. Section 3: The approval of this Resolution supersedes all Conditions of Approval that were a part of the original approval under P.C. Resolution No. 2009-02 and any subsequent amendments. Section 4: The extension of this Conditional Use Permit to operate the Verizon Facility is consistent with the zoning and land use authority reserved to the City pursuant to the Telecommunications Act of 1996 because the City's regulation of commercial antenna does not unreasonably discriminate among providers of functionally equivalent services; does not 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 is duly filed, taking into account the nature and scope of such request; the decision to approve this permit has been made in writing 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 such facilities comply with the Commission's regulations concerning such emissions. Section 5: 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. 2019-11, to allow until January 27, 2029 the continued operation of an existing Verizon Wireless Telecommunication Facility located on an existing light standard and supporting equipment at Ryan Park, subject to the Conditions of Approval contained in the attached Exhibit "A." P.C. Resolution No. 2019-11 Page 4 of 8 Section 6: Any interested person may appeal this decision 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, June 26, 2019. 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, June 26, 2019. Section 7: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the RPVMC. PASSED, APPROVED AND ADOPTED this 11th day of June 2019, by the following vote: AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI, PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE David Bradley Chairman Ara raW' Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-11 Page 5 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. PLCU2018-0002 (30359 HAWTHORNE BOULEVARD) 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. 2009-02 and any subsequent amendments. 2. 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 within 90 days following the date of this approval. Failure to do so 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. 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. 5. Pursuant to Section 17.78.040 of the RPVMC, 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. 6. 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 Open Space Recreational (OR), P.C. Resolution No. 2019-11 Page 6 of 8 standards of the City's Municipal Code. 7. 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. 8. 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. PROJECT SPECIFIC CONDITIONS 9. This approval allows until January 27, 2029 the continued operation of a Verizon wireless telecommunication facility (Approved by the Planning Commission on January 27, 2009 under P.C. Resolution No. 2009-02) on the second light standard from the northern edge of the Robert E Ryan Park. The approved facility consists of the following: a) Commercial antennas at the top of the 30' light standard, resulting in a total height of 31'-4". 1) The wires and cables to the antennae panels shall not be exposed. 2) All cables and wires shall be directly routed to the pole, clipped-up and encased within the pole, and otherwise hidden from view. No loops, exposed cables, splitters or unsightly wires shall be permitted. 3) The panel antennas shall continue to be painted to match the exterior color of the existing light standard. The overall height of the light standard (including the antenna panels) shall not exceed 31'-4", as measured from the lowest point of grade adjacent to the light standard to the top of the antenna panels. b) Enclosed 250ft2 equipment area adjacent to a slope at the northern edge of the parking lot. 1) The equipment area shall continue to be screened from the view of adjacent properties with foliage or other appropriate screening, subject to review of the Director of Community Development. The approved screening method shall be maintained. 2) 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 P.C. Resolution No. 2019-11 Page 7 of 8 subject to the review and approval of the Director of Community Development. 19. Verizon shall submit updates on Wireless Communications Technology every 5 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, Verizon 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. 20. This Conditional Use Permit shall expire on January 27, 2029, which is 10 years from the original expiration date (January 27, 2019); 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. 2019-11 Page 8 of 8