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PC RES 2019-028 P.C. RESOLUTION NO. 2019-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES THEREBY EXTENDING A CONDITIONAL USE PERMIT UNTIL AUGUST 11, 2029, TO ALLOW THE CONTINUED OPERATION OF AN EXISTING T-MOBILE WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A 45'-TALL MONOPINE AND A 365FT2 EQUIPMENT AREA AT 28732 HIGHRIDGE RD. (CASE NO. PLCU2019-0004) WHEREAS, on August 11, 2009, the Planning Commission adopted P.C. Resolution No. 2009-33, approving a Conditional Use Permit ("CUP"), allowing T-Mobile to install 12 panel antennas, 6 amplifiers, and one GPS antenna on a new 45'-tall "monopine" at the northeast corner of 28732 Highridge Rd. (Case No. ZON2009-00182). The approval also included equipment cabinets to be installed within a new 365ft2, 7'-tall CMU enclosure Condition No. 18 of P.C. Resolution No. 2009-33 stated that the CUP shall expire 10 years after its approval date, unless the Applicant requests and the Planning Commission grants an extension; and, WHEREAS, on October 16, 2015, Staff approved an over-the-counter Minor Site Plan Review application allowing T-Mobile to upgrade the antennas on the existing monopine and install 3 new RRUs (Case No. ZON2015-00468). On December 6, 2016, Staff also approved an over-the-counter Minor Site Plan Review application to install a new propane tank and backup generator within the existing CMU enclosure (Z0N2016-00571). The Staff-approved upgrades and improvements to the T-Mobile Wireless Telecommunications Facility ("Facility") did not require additional discretionary approval as the proposed modifications were 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 June 20, 2019, pursuant to Condition No. 18 of P.C. Resolution No. 2009-33, the Applicant submitted a timely written request to extend the CUP for the continued operation of the existing Facility, which was set to expire on August 11, 2019; and, WHEREAS, on July 9, 2019, 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 for processing on September 23, 2019; and, WHEREAS, on September 26, 2019, a public notice was mailed to all property owners within a 500' radius from the subject property and published in the Palos Verdes Peninsula News; and, P.C. Resolution No. 2019-28 Page 1 of 8 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Sections 21000 et. seq. ("CEQA"), the project is Categorically Exempt from the provisions of the CEQA, under Article 19, Sections 15301(b) (Existing Facility) of the California Guidelines for Implementation of CEQA. Specifically, the project includes the renewal of a CUP to allow the continued operation of an existing wireless telecommunications facility where no modifications or expansion of use are proposed; and, WHEREAS, the Planning Commission held a duly-noticed public hearing on October 22, 2019, at which time all interested parties were given an opportunity to be heard and present evidence NOW, THEREFORE, THE PLANNING COMMISSION 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 Conditional Use Permit (Case No. ZON2009- 00182) to allow the continued operation of the Facility until August 11, 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 existing Facility is located at the northeast corner of the project site, which is not readily visible as the monopole is disguised to appear as a pine tree and the associated equipment on the ground level is screened by the 7'-tall CMU enclosure. Other than the antenna upgrades and improvements approved through a Minor Site Plan Review in the past, no additional modifications from the original approval are proposed as part of the application to allow the continued operation of the Facility. 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 because 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 wireless equipment and other associated maintenance. As typical maintenance for the site takes only a couple hours on a monthly basis, the impact created by the service vehicles would be negligible 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 because the proposed request does not involve modifications to the existing use and leasing area as the Facility will remain in its current condition. In addition, maintenance to P.C. Resolution No. 2019-28 Page 2 of 8 the facility will continue to be conducted on a monthly basis where no new traffic will be created with the continued operation of the Facility. To the Planning Commission's knowledge, the existing operation has not created a significant impact on adjacent properties since the antennas mounted to the 45'-tall monopine are visibly integrated with other existing foliage that is of similar or taller height, and associated equipment are screened from the public and private views by the 7'-tall CMU wall enclosure. D. The proposed use is not contrary to the General Plan because it is consistent with the Circulation Element Goal No. 1 (General Plan, page C-5) to "ensure adequate public utilities and communication services to all residents, while considering environmental, aesthetic, and view impacts". As no changes are proposed to the Facility, the request to extend the CUP will continue to provide adequate communication services to its residents. In addition, the Facility's antennas mounted on the existing monopine blends in with the surrounding pine trees and the associated equipment are not readily visible due to the 7'-tall CMU wall enclosure. E. The project site is located within an` automotive service station overlay control district (OC-4) and the proposed use complies with all applicable requirements. While the proposed project is not an automotive use, the base zoning district (Institutional) allows commercial antennas with an approval of a CUP. Additionally, the Facility does not adversely impact the existing automotive use on the property that is allowed within the OC-4 district as it is located in an area that is not being used by the existing automotive repair business. Lastly, there are no additional conditions or requirements of the OC-4 district that would apply to the proposed request. F. Conditions necessary to protect the health, safety and general welfare, that have been imposed as part of the previously granted CUP will remain in full force and effect as no modifications are proposed to the existing antennas and associated equipment. However, as the proposed request is to allow the continued operation of the Facility, the time frame specified in Condition No. 18 of the Planning Commission-approved Resolution No. 2009-33 will be amended. Section 3: The extension of the Conditional Use Permit (Case No. ZON2009- 00182) is consistent with the City's Wireless Communications Antenna Development Guidelines. 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. P.C. Resolution No. 2019-28 Page 3 of 8 B Guideline 2: Preference for Existing, Non-Single-Family Structures as Antenna Sites -- The Facility is located within an Institutional zoned site that is being used for commercial purposes. C. Guideline 3: Encourage Co-Location - The proposed request is to allow continued operation of an existing Facility. Future applications from other carriers shall be encouraged to take advantage of this location for antenna installations. D. Guideline 4: Preservation of View Corridors -The existing Facility is not located within a designated view corridor and therefore, there will be no impacts to public or private views. E. Guideline 5: Balance of Public and Private Costs and Benefits - The proposed request will continue to provide improved reception for T-Mobile customers in the vicinity which benefits the greater good versus the financial gain that the wireless carrier may receive in return. F Guideline 6: Submittal of Network Master Plan Required - A Network Master Plan was submitted as part of the application. 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 unaltered, with no removal or upgrades to the existing infrastructure at this time. However, periodic updates will continue to be required every 5 years as a condition of approval. I. Guideline 9: Screening of Support Equipment and Structures Required -The existing support equipment is adequately screened by the 7' tall CMU wall enclosure. J. Guideline 10: Expiration of Conditional Use Permit - The CUP shall be valid for another 10 years, set to expire on August 11, 2029. Section 4: The extension of the Conditional Use Permit to operate the 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 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 P.C. Resolution No. 2019-28 Page 4 of 8 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 5: 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 p.m. on Wednesday, November 6, 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 p.m. on Wednesday, November 6, 2019. Section 6: 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. Section 7: 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- 28, extending a CUP until August 11, 2029, to allow the continued operation of an existing T-Mobile Wireless Telecommunications Facility consisting of a 45'-tall monopine and a 365ft2 equipment area, subject to the Conditions of Approval contained in the attached Exhibit "A". P.C. Resolution No 2019-28 Page 5 of 8 PASSED, APPROVED AND ADOPTED this 22nd day of October 2019, by the following vote: AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, SAADATNEJADI, PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE 1 ---omiiimi....-- ( ____„, 4-. favid Bradley Chairman drip Ara Mihrania;rCP Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-28 Page 6 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLCU2019-0004 (CONDITIONAL USE PERMIT REVISION "A") 28732 HIGHRIDGE RD. 1. This approval supersedes all Conditions of Approval that were a part of the original Planning Commission approval under P C. Resolution No. 2009-33 and any subsequent amendments. 2. The Applicant and/or 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 Exhibit "A". Failure to provide said written statement within 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. 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 (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040 of the Rancho Palos Verdes Municipal Code, the Director of Community Development shall be,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 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 Planning Commission- approved plans and the specific standards contained in these conditions of approval P.C. Resolution No. 2019-28 Page 7 of 8 or, if not addressed herein, shall conform to the institutional development standards of the City's Municipal Code. 7. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in §17.86.060 of the City's Municipal Code or administrative citations as described in §1.16 of the City's Municipal Code. 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. 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: 10. This approval allows, until August 11, 2029, the continued operation of an existing T- Mobile wireless telecommunications facility, previously approved by the Planning Commission on August 11, 2009 under P.C. Resolution No. 2009-33, consisting of a 45'-tall monopine and a 365ft2 equipment area within a 7'-tall CMU enclosure at the northeast corner of Hilltop Automotive. 11. The existing monopine shall be maintained to resemble an artificial pine tree. 12. The associated equipment shall be installed only within the 365ft2 leased area and remain screened by the 7'-tall CMU enclosure. 13. T-Mobile shall submit periodic updates on Wireless Communications Technology at least 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 (i.e., antennae, parapet, etc.) 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 permits. 14. The applicant and/or its successor(s) interest may request an extension of this approval, 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 (August 11, 2029). P.C. Resolution No. 2019-28 Page 8 of 8