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PC RES 2022-009 P.C. RESOLUTION NO. 2022-09 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 AN EXISTING 62-FOOT-TALL MONOPOLE AND GROUND-LEVEL EQUIPMENT ON THE CALIFORNIA WATER SERVICE RESERVOIR SITE LOCATED AT 3960 CREST ROAD UNTIL JULY 12, 2032. WHEREAS, on December 8, 2009, the Planning Commission ("Commission") adopted P.C. Resolution Nos. 2009-53 and 54, certifying a Mitigated Negative Declaration, and approving a Conditional Use Permit (CUP) to allow a new Verizon wireless telecommunications facility (antennas) on a 62-foot-tall monopole, related support equipment and emergency back-up diesel generator on California Water Service's (Cal Water) Reservoir No. 20 site at the top of San Pedro Hill, located at 3960 Crest Road; and, WHEREAS, Condition No. 26 of P.C. Resolution No. 2009-54 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 June 8, 2021, pursuant to Condition No. 26 of P.C. Resolution No. 2009-54, the Applicant (Core Development Services/Butler America) submitted an application for a new CUP to extend the entitlement for the Verizon wireless telecommunication facility that expired on December 8, 2019; and, WHEREAS, on September 20, 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 June 16, 2022; and, WHEREAS, on June 23, 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 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-Existing Facilities); and, P.C. Resolution No. 2022-09 Page 1 of 9 WHEREAS, the Planning Commission held a duly-noticed public hearing on July 12, 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 located on an existing 62-foot-tall monopole and ground-level equipment on the California Water Service reservoir site located at 3960 Crest Road until July 12, 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 an adequate amount of off-street parking spaces for the maintenance and service vehicles; and the monopole does not require special markings or lighting to comply with Federal Aviation Administration (FAA) requirements. Furthermore, the facility is existing, no modifications are proposed to the proposed use, the existing fences and landscaping onsite are proposed to remain, and the site will continue to operate as a Cal Water reservoir site, with the appurtenant existing generators, buried water reservoir tanks, etc. B. The site for the approved 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 Portuguese Bend Road and/or Eastfield Drive and Crest Road East, which are private streets that have accommodated the types of Verizon service vehicles that have been visiting the site over the last 13 years; 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, and a condition has been added that requires notification of the City of Rolling Hills prior to the commencement of any construction on the Verizon wireless telecommunications facility, 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 modifications to the existing use and structure that would substantially change the physical dimensions of the existing Verizon wireless telecommunication facility. The maintenance to the facility is conducted on an P.C. Resolution No. 2022-09 Page 2 of 9 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 over then last 13 years has not created any known significant effect on adjacent properties. The existing monopole will continue to have no significant adverse impact upon the protected view from any residence in the City of Rancho Palos Verdes, as the structure is primarily seen from public rights-of-way within the City that are at lower elevations to the southeast (i.e., Crest Road, Ganado Drive, etc.) and there are no residences in the City that overlook the site. Additionally, conditions have been imposed that limit the height, color and illumination of the existing monopole. 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." Although the antennas are located on a residentially zoned property, it is a water reservoir property owned by Cal Water and is minimally visible from adjacent residential developments. 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 minimally visible from the view of anypublic streets, as well as the surroundingresidential developments. Applicable conditions of approval and mitigation measures have been carried over from the 2009 approval. Section 2: The approval of the Conditional Use Permit (Case No. PLCU2021- 0003) is consistent with the City's Wireless Communications Antenna Development Guidelines because: P.C. Resolution No. 2022-09 Page 3 of 9 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 of wireless communication facilities on existing buildings, light standards, utility poles, and other structures on public property or commercial, institutional and multi-family residential property was encouraged. Both the Verizon antennas installed on the existing monopole and the ground-level supporting equipment are located on a Cal Water reservoir property. C. The existing monopole is currently only utilized by Verizon, but the monopole may be utilized by other carriers in the future, which would maximize the co- location of antennas at one site. D. The existing view corridors are being preserved as the Applicant's request does not involve any modifications to the existing Verizon wireless telecommunication facility that would exceed the height of the existing monopole. E. The proposed request will continue to provide improved reception for Verizon customers in the vicinity, which benefits the public. 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 modifications to the existing facility, but rather requested approval to allow the continued operation of the wireless telecommunications facility. H. Although the City's current guidelines require updates on wireless communication technology every five 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 remain with no removal or upgrades to the existing infrastructure. The Applicant submitted a RF Compliance Report which indicates that the facility 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 10 years from the date of this approval. I. All accessory support equipment will not be visible from neighboring residential properties because of existing topographic conditions. Section 3: The approval of this Resolution supersedes all Conditions of Approval that were a part of the original approval under P.C. Resolution Nos. 2009-53 and 2009-54, and any subsequent uent amendments. P.C. Resolution No. 2022-09 Page 4 of 9 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, July 27, 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, July 27, 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. 2022-09, extending a Conditional Use Permit to allow the continued operation of an existing Verizon wireless telecommunications facility located on an existing 62-foot-tall monopole and ground-level equipment on the California Water Service reservoir site located at 3960 Crest Road until July 12, 2032, subject to the Conditions of Approval contained in the attached Exhibit 'A'. P.C. Resolution No. 2022-09 Page 5 of 9 PASSED, APPROVED AND ADOPTED this 12th day of July 2022, by the following vote: AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI, SANTAROSA, VICE-CHAIR CHURA, AND CHAIR HAMILL NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE 1 ..1.1x. Jul' Hamill vir r Ch-ir / e Ken Rukavina, PE Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2022-09 Page 6 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. PLCU2021-0003 (CALIFORNIA WATER SERVICE-VERIZON-3960 CREST ROAD) GENERAL CONDITIONS 1. This approval supersedes all Conditions of Approval that were a part of the original Planning Commission approval under P.C. Resolution Nos. 2009-53 and 54, 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. P.C. Resolution No. 2022-09 Page 7 of 9 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 RS-2, Single Family Residential, 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 December 8, 2009, under P.C. Resolution Nos. 2009-53 and 54, which approved a Verizon wireless telecommunications facility (antennas) on a 62-foot tall monopole, ground-level related telecommunications support equipment and an emergency back-up diesel generator on California Water Service Company's Reservoir No. 20 site at the top of San Pedro Hill, located at 3960 Crest Road. 11. The height of the existing monopole shall not exceed 62 feet, as depicted on the approved plans. Any changes to the height of the existing monopole more than 10% of the existing height or more than 20 feet, whichever is greater, will require a revision to the Conditional Use Permit. 12. Unless required for compliance with Federal Aviation Administration (FAA) regulations for aircraft safety warning lights, no lighting shall be permitted on the existing monopole. 13. The monopole shall be maintained in a neutral gray color to blend with the background sky, to the satisfaction of the Director of Community Development. 14. The generator shall continue to maintain a lockable valve or lockbox for the fuel tank drain pipe. 15. This Conditional Use Permit shall expire on July 12, 2032, which is 10 years from the current approval date of July 12, 2022; at such time, the wireless antennas, monopole, and all related equipment shall be removed from the site. However, the PlanningCommission maygrant 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 P.C. Resolution No. 2022-09 Page 8 of 9 full compliance with the Rancho Palos Verdes Municipal Code and any applicable policies in effect at the time. 16. The City of Rolling Hills shall be notified prior to the commencement of any construction on the Verizon wireless telecommunications facility. P.C. Resolution No. 2022-09 Page 9 of 9