PC RES 2024-002 P.C. RESOLUTION NO. 2024-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE
CONTINUED OPERATION OF ELEVEN (11) EXISTING AT&T
ROOFTOP WIRELESS TELECOMMUNICATION FACILITIES
LOCATED AT 100 TERRANEA WAY (CASE NO. PLCU2023-
0001).
WHEREAS, In August 2003, the City Council granted a final approval for
Terranea Resort & Spa, consisting of a 400-room resort hotel, golf academy and
practice facility, 50 casitas, 32 single keyed villas units, conference center, golf club
house, spa, restaurants, other commercial uses, public trails, park areas, coastal
access points, 100 public parking spaces, natural open space and habitat areas.
Subsequently, minor modifications to the original approval were also granted; and,
WHEREAS, on May 12, 2009, the Planning Commission adopted P.C.
Resolution Nos. 2009-14, 2009-15 and 2009-16; thereby approving three separate
Conditional Use Permit and Coastal Permit applications, allowing AT&T, T-Mobile and
Verizon Wireless, to install a total of 14 antennas and additional equipment to the top of
the main hotel building of the Terranea Resort & Spa with a set expiration date of May
12, 2019; and,
WHEREAS, on November 13, 2012, the Planning Commission adopted P.C.
Resolution Nos. 2012-17 and 2012-18; thereby approving two separate Conditional Use
Permit and Coastal Permit Applications, allowing T-Mobile and AT&T to install a total of
12 antennas and additional equipment to the top of the main hotel building of Terranea
Resort & Spa with a set expiration date of November 13, 2022; and,
WHEREAS, on October 19, 2023, the Applicant (Insite Wireless Group, LLC)
submitted Conditional Use Permit applications for T-Mobile, AT&T, and Verizon,
requesting the continued operation of existing antennas and support equipment on the
existing rooftop of the main hotel building of the Terranea Resort & Spa for an extension
of 10 years; 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 Planning Commission determined the Conditional Use
Permit is categorically exempt from CEQA pursuant to Class 1 categorical exemption
for minor alterations to existing facilities (Section 15301), none of the exceptions to the
exemption set forth in CEQA Guidelines, section 15300.2 apply to this Conditional Use
Permit and the Conditional Use Permit does not present any unusual circumstances;
and,
P.C. Resolution No. 2024-02
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WHEREAS, after notice issued on January 11, 2024, pursuant to the
requirements of the Rancho Palos Verdes Development Code, the Planning
Commission held a duly noticed public hearing on February 13, 2024, 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: That the proposed project includes the continued use of eleven (11)
existing antennas behind fiberglass screening within an existing faux chimney, and
support equipment within an existing rooftop equipment well of the main hotel building
at the Terranea Resort & Spa. There will be no aesthetic changes the existing
antennas are already installed within the decorative faux chimney for the new antennas
to function.
Section 2: That 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 this title (Title 17 â Zoning) or by conditions imposed under this
section (RPVMC 17.60.050) to integrate said use with those on adjacent land and within
the neighborhood. More specifically, the existing antennas and related equipment are
located on an existing hotel structure and therefore will not require additional space for
accommodation. Since the antennas are integrated as part of an existing faux chimney,
no additional screening methods are necessary. Additionally, the equipment cabinets
are located within a leasing area inside a rooftop equipment well, which will not be
visible from surrounding properties.
Section 3: That 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 it will be
included as part of the monthly routine maintenance schedule for the existing antennas.
Section 4: That 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 project will not be readily visible or be near to any public right-of-
ways and neighboring properties due to the proposed location and screening methods.
More specifically, the antennas are mounted behind fiberglass tiles on an existing faux
decorative chimney. Additionally, the existing antenna related support equipment are
located within existing recessed rooftop equipment well.
Section 5: That the proposed use is not contrary to the General Plan because
as proposed and conditioned, the project implements goals and policies of the General
Plan to "ensure adequate public utilities and communication services to all residents,
while maintaining the quality of the environment" and "require adequate 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". Additionally, the
proposed project is consistent with the underlying land use designation of Commercial
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Recreational and does not adversely impact any views from public right-of-ways or
neighboring properties.
Section 6: That the site of the proposed use is within Socio-Cultural and Urban
Appearance Overlay Control Districts, and the proposed use complies with all
applicable requirements. More specifically, the proposed project will be located on an
existing hotel structure and will not adversely affect land, water, structures and other
improvements located on the subject property. Additionally, granting the proposed
project will not impede any views from the surrounding properties.
Section 7: That 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 â Zoning), as described in the conditions of approval of the
attached Exhibit 'A.' More specifically, the antenna panels and support equipment
comply with both the development standards of the Commercial Recreational district
and the special standards for commercial antennae from RPVMC Section 17.76.020.
Additionally, the size, placement and screening methods for the antennas are such that
additional conditions are not necessary to reduce visual impacts.
Section 8: That the existing development is consistent with the Coastal
Specific Plan because one of the structural design guideline indicates, "No external
masted antennas of any type should be permitted on any structure" and the proposed
antennas would not be considered to be "masted antennas" since they are incorporated
into an existing faux chimney structure. Additionally, the proposed project will not
create an aesthetic or visual impact, which is what the Coastal Permit planning and
design guidelines are intended to eliminate.
Section 9: That the proposed development, when located between the sea
and the first public road, is consistent with applicable public access and recreation
policies of the Coastal Act. Given that the proposed antennas are located on existing
structures and will be fully screened from public right-of-ways and surrounding
properties, it will not cause any adverse affects that would be inconsistent with
applicable public access and recreation policies of the Coastal Act.
Section 10: That the approval of the proposed project is consistent with the
City's Wireless Communications Antenna Development Guidelines because this permit
request is being heard by the Planning Commission less than sixty (60) days from the
date it was deemed complete by the City; the proposed antennas and support
equipment will be located on the rooftop of a hotel building; the proposed antennas will
be mounted within existing faux chimney structures which is consistent with the intent of
co-location; the location and design of the antennas and related equipment preserves
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view corridors; there is a balance of public and private costs and benefits; the applicant
has submitted a network master plan; a periodic update on wireless communications
technology is being required; the screening of support equipment is adequate; and the
issuance of the permit is being granted for a 10-year period.
Section 11: That the approval of this Conditional Use Permit revision is
consistent with limitations on local zoning authority imposed by the Telecommunications
Act of 1996 because the City's conditional approval of this permit does not
unreasonably discriminate among providers of functionally-equivalent services, or
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 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 12: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must
be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on
Wednesday, February 28, 2024. An 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
February 28, 2024.
Section 13: That the Conditional Use Permit is categorically exempt from CEQA
pursuant to under the Class 1 categorical exemption for minor alterations to existing
facilities (Section 15301), none of the exceptions to the exemption set forth in CEQA
Guidelines, section 15300.2 apply to this Conditional Use Permit and the Conditional
Use Permit does not present any unusual circumstances.
Section 14: 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 conditionally
approves a Conditional Use Permit for the continued operation of eleven (11) existing
AT&T antennas and support equipment on the existing rooftop of the main hotel building
of the Terranea Resort & Spa (Case No. PLCU2023-0001), as conditioned in Exhibit 'A'.
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PASSED, APPROVED AND ADOPTED this 13th day of February 2024, by the following
vote:
AYES: COMMISSIONERS BRACH, NULMAN, PERESTAM, SAADATNEJADI, VICE
CHAIR SANTAROSA & CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER NELSON
David Chura,
Chair
//1
Br.'( For ffs, A "
Community Development Department; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. PLCU2023-0001
(AT&Tâ 100 Terranea Way)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant
and 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
Resolution. Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
2. 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.
3. 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.
4. The Community Development Director 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. Otherwise, any substantive change to the
project shall require approval of a revision by the final body that approved the
original project, which may require new and separate environmental review.
5. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall
conform to the residential development standards of the City's Municipal Code,
including but not limited to height, setback and lot coverage standards.
6. 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 Section 17.86.060 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. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
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City with the effective date of this Resolution.
9. 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.
10.Permitted hours and days for construction activity are 7:00 AM to 7:00 PM,
Monday through 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. Trucks shall not park, queue and/or idle at the project site or
in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday,
in accordance with the permitted hours of construction stated in this condition.
11.All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12.AII construction sites shall be maintained in a secure, safe, neat and orderly
manner. Temporary portable bathrooms shall be provided on a construction site
if required by the City's Building, Official. Said portable bathrooms shall be
subject to the approval of the City's Building Official and shall be placed in a
location that will minimize disturbance to the surrounding property owners.
Project Specific Conditions:
13.This approval allows the continued use of the following to the rooftop of main
hotel building:
a. Six antennas within an existing decorative faux chimney;
b. Five antennas behind fiberglass tiles on an existing decorative faux
chimney; and,
c. Use and maintenance of support equipment within a rooftop equipment
well.
14.The related equipment shall be installed only within the leased area of the
equipment well and shall not exceed the parapet height. All mechanical
equipment shall be housed in enclosures designed to attenuate noise to a level
of 65dBA at the project site's property lines.
15.No cable tray or other similar equipment shall be located on a sloped roof area or
be visible from the public right-of-way or surrounding properties.
16.AT&T shall submit periodic updates on Wireless Communications Technology
every five years, from the date of this approval, to be reviewed by the Director of
Planning, Building and Code Enforcement.
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17.This approval shall be valid for a period of 10 years from the date of the City's
final action, or until February 13, 2034. 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.
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