PC RES 2022-005 P.C. RESOLUTION NO. 2022-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF AN EXISTING VERIZON WIRELESS
TELECOMMUNICATIONS FACILITY LOCATED ON THE ROOF
OF AN EXISTING COMMERCIAL BUILDING AT 28041
HAWTHORNE BOULEVARD UNTIL MAY 10, 2032.
WHEREAS, on August 28, 2007, the Planning Commission ("Commission")
adopted P.C. Resolution No. 2007-53, approving a Conditional Use Permit ("CUP")
under Planning Case No. ZON2006-00533, allowing Verizon to install six 2-foot tall and
four 4-foot-tall telecommunication antennas inside of an existing parapet wall located
on top of the existing commercial building (total height 35 feet as measured from south
elevation) and service equipment located along the adjacent slope; and,
WHEREAS, Condition No. 13 of P.C. Resolution No. 2007-53 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. However, the Commission
shall grant an extension to the Conditional Use Permit provided that the service provider
demonstrates that the antennas and related equipment are not using obsolete
technology and are still in use; and,
WHEREAS, on July 15, 2021, pursuant to Condition No. 13 of P.C. Resolution
No. 2007-53, the Applicant (Benjamin Koff, Sequoia Deployment Services, Inc., on
behalf of Verizon,) submitted an application for a new CUP to extend the entitlement for
the Verizon wireless telecommunication facility that expired on August 28, 2017; and,
WHEREAS, on September 17, 2021, after reviewing the initial submittal of the
project plans and application, Staff deemed the application incomplete due to missing
information. After the Applicant's submittal of additional information, the application was
deemed complete for processing on March 22, 2022; and,
WHEREAS, on March 31, 2022, a public notice was mailed to all property owners
within a 500 foot radius of the site and published in the Peninsula News; and,
WHEREAS, prior to the scheduled April 26, 2022 Commission hearing, Staff
determined that the required permit type was a new CUP, not a CUP extension.
Therefore, the public hearing was cancelled, and a new public notice was distributed as
described below; and,
WHEREAS, on April 25, 2022, a public notice was mailed to all property owners
within a 500 foot radius of the site and published in the Peninsula News; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA
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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, the Planning Commission held a duly-noticed public hearing on April
26, 2022, 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 Conditional Use Permit is approved to allow the continued
operation of an existing Verizon wireless telecommunications facility consisting of
antennas located on the roof of an existing commercial building and support equipment
on the adjacent slope enclosed by an 8-foot-tall wall located at 28041 Hawthorne
Boulevard until May 10, 2032 as follows:
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 said
use with those on adjacent land and within the neighborhood. The Verizon
wireless telecommunications facility complies with the City's development
standards for commercial antenna installation; meets setback and height
requirements in that the existing antennas and support equipment do not
encroach into any required setback areas or exceed the height of 100 feet for an
un-guyed tower; there is adequate amount of off-street parking spaces for the
maintenance and service vehicles; and there is adequate screening provided for
the on-ground supporting equipment; and the antenna do not require special
markings or lighting to comply with Federal Aviation Administration (FAA)
requirements.
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 the subject
property is served by Hawthorne Boulevard and Granvia Altamira, which are
public streets that are fully improved with curbs and sidewalks; the continued
operation of the existing Verizon wireless telecommunication facility will not
generate additional traffic since any required service will be part of the current
routine maintenance schedule for the existing antennas and related equipment
on the subject property; typical maintenance usually takes approximately one
hour to inspect the overall site integrity and perform operational calibration,
therefore the impact created by the occasional service vehicles will continue to
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. The request
does not involve any major modifications to the existing use and structure that
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would substantially change the physical dimensions of the existing Verizon
wireless telecommunication facility. The maintenance to the facility is conducted
on an as-needed basis. An excess of additional traffic will not be created with the
continued operation of the Verizon wireless telecommunications facility as its
existing operation has not created any known significant effect on adjacent
properties. The existing ground-mounted equipment is surrounded by an 8-foot-
tall retaining block wall enclosure and does not produce significant noise, and
the existing antennas in the future will continue to be screened from adjacent
residential properties and the adjacent public rights of way behind the existing
parapet on the roof. Additionally, if any unexpected adverse impacts arise prior
to the 10-year expiration review, staff may return to the Planning Commission for
a review per RPVMC §17.60.050.D.
D The proposed use is not contrary to the General Plan. The General Plan's
Circulation Element Goal No. 1 (2018 General Plan, page C-5) states, "Ensure
adequate public utilities and communication services to all residents, while
considering environmental, aesthetic, and view impacts." The existing Verizon
wireless telecommunications facility will continue to provide improved
communications services to its residents. In addition, General Plan Circulation
Element Policy No. 52 states: "Balance the need to accommodate wireless
communications coverage in the community with the need to protect and
maintain the quality of the environment for residents. All new proposals to
construct wireless communication facilities shall be reviewed using guidelines
adopted and kept current by the Planning Commission and, where applicable,
considering covenants, conditions, and restrictions (CC&Rs). These guidelines
shall balance public and private costs and benefits to the greatest reasonable
extent, and encourage colocation of facilities and the use of evolving wireless
communication technologies to minimize impacts." The existing Verizon roof-
mounted antennas and ground-mounted support equipment will continue to
provide service to the surrounding community while remaining screened from
view from both adjacent public streets, as well as the surrounding residential
developments. No major changes are proposed to the existing Verizon wireless
telecommunications facility.
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 existing Verizon wireless telecommunication antennas are screened from
the view of any public streets, as well as the surrounding residential
developments by the existing parapet wall on the roof, and the existing
supporting equipment will continue to be screened within the existing
equipment enclosure. New conditions of approval have been added which
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require that any future roof-mounted antennas and/or equipment does not
exceed the existing height of the parapet wall, and that if there are any
unexpected adverse impacts prior to the expiration date of May 10, 2032, the
City may require that the Applicant return to the Planning Commission for a
CUP compliance review, wherein the Planning Commission can provide
guidance including the addition of relevant conditions or approval. Said review
shall be conducted in accordance with RPVMC §17.60.050.D.
Section 2: The approval of the Conditional Use Permit (Case No. PLCU2021-
0005) is consistent with the City's Wireless Communications Antenna Development
Guidelines because:
A. The City processed the subject application in an expeditious manner, based
upon the timely submittal of all requested information from the wireless
telecommunications service provider applying for the permit.
B. Installations on existing buildings, light standards, utility poles, and other
structures on public property or commercial, institutional and multi-family
residential property was encouraged. The Verizon antennas are installed on the
roof of an existing commercial building. The supporting equipment is located in
an enclosure adjacent to the parking lot for the commercial building.
C. The existing antennas are co-located with several other carriers on the roof of
the existing commercial building, thus maximizing the co-location of antennas at
one site.
D. The existing view corridors are being preserved as only minor modifications
which will not extend higher than the top of the existing parapet are proposed for
the existing Verizon wireless telecommunications facility.
E. The proposed request will continue to provide improved reception for Verizon
customers in the vicinity, which benefits the public but less so regarding any
financial gain that the wireless carrier may receive in return.
F. The applicant provided a Propagation Map for the specific area identifying signal
strength.
G. Photographic simulations and full-scale mock-ups were not required as the
applicant is not proposing any major modifications to the existing facility, but
rather to allow the continued operation of the wireless telecommunications
facility.
H. Although the City's current guidelines require updates on wireless
communication technology every 5 years to identify both new and emerging
technologies, as well as outdated or obsolete technologies whose facilities and
infrastructure could be replaced or removed, the minimum length of time per the
government code is 10 years. The submitted plans show the existing facilities to
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remain with no removal or upgrades to the existing infrastructure. The Applicant
submitted a RFE-EME Compliance Report and Statement of Compliance which
indicates that the facility is running at full power and continues to be in
compliance with FCC Rules and Regulations. Exhibit `A' includes a condition
which requires the provider to continue submitting periodic updates for the facility
concurrent with the CUP, which will expire after 10 years.
I. All accessory support equipment are adequately screened by a 8-feet-tall
retaining and freestanding block wall enclosure.
J. The Planning Commission is granting the requested extension for 10 years from
the most recent expiration date, and language to this effect has been included in
Exhibit 'A'.
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. 2007-53
and any subsequent amendments.
Section 4: 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, May 25, 2022. A $3,100 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, May 25, 2022.
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. 2022-06, extending a Conditional Use Permit to allow the continued
operation of an existing Verizon wireless telecommunication facility located on the roof
of an existing commercial building at 28041 Hawthorne Boulevard until May 10, 2032,
subject to the Conditions of Approval contained in the attached Exhibit 'A'.
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PASSED, APPROVED AND ADOPTED this 10th day of May 2022, by the following vote:
AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI,
SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Step- -n Perestam
Chair
44-2
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. PLCU2021-0005
(28041 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. 2007-53 and
any subsequent amendments prior to this approval.
2. Prior to the submittal of plans to 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. Pursuant to §17.78.040, 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.
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7. 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 CL, Commercial Limited, standards
of the City's Municipal Code.
8 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 RPVMC §17.86.060 or administrative citations as described in
RPVMC §1.16.
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.
PROJECT SPECIFIC CONDITIONS
10. This approval allows the continued operation of a Verizon wireless
telecommunication facility, originally approved by the Planning Commission on
August 28, 2007, under P.C. Resolution No. 2007-53, which approved Verizon's
installation of six 2-foot high and four 4-foot high telecommunication antennae
inside of an existing parapet wall located on top of the existing 7-Eleven building.
This permit allowed the south wall of the parapet to be extended 3 feet towards
the street to accommodate screening of the antennas but was not allowed to be
any higher than the existing parapet (5 feet). A total of 28 yd3 of cut was allowed
to grade 200 ft2 of area in the slope located in the rear parking area. The 200 ft2
(8-foot x 25-foot) equipment area was enclosed by a retaining wall at a maximum
height of 8 feet.
11. The four equipment cabinets shall only be located within the approved existing
200 ft2 enclosure and be properly screened by the existing 8-foot tall enclosure
walls.
12. This approval does not include the use or installation of a permanent back-up
generator for the antenna support equipment. Any future request for a permanent
back-up generator will require approval of a Minor Site Plan Review permit.
However, the use of a 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.
13. The support equipment shall not generate noise levels in excess of 65 dBA, as
measured from the property line of the subject property. Any additional sound
attenuation measures to achieve this standard shall be responsibility of the
applicant and shall be subject to the review and approval of the Director of
Community Development.
14. This Conditional Use Permit shall expire on May 10, 2032, which is ten (10) years
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from the current approval date of May 10, 2022; at such time, the wireless
antenna and all related equipment shall be removed from the site. However, the
Planning Commission may grant an extension to the Conditional Use Permit (if
not yet expired) or a new Conditional Use Permit (if expired), provided that the
service provider demonstrates that the antenna and related equipment are not
using obsolete technology and are still in use and the proposed installation is in
full compliance with the Rancho Palos Verdes Municipal Code and any
applicable policies in effect at the time.
15. If there are unexpected adverse impacts prior to the expiration date of
May 10, 2032, as determined by the Director of Community Development, the
City may require the Applicant to return to the Planning Commission for a CUP
compliance review. At this compliance review meeting, the Planning Commission
can provide guidance including the addition of relevant conditions or approval to
mitigate said adverse impacts. Said review shall be conducted in accordance
with RPVMC §17.60.050.D. The Applicant is responsible for all fees associated
with this review.
16. The Applicant shall ensure the proposed site is continually maintained free of
graffiti or disrepair and consistent with the site plans approved by the City
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