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PC RES 2024-007 P.C. RESOLUTION NO. 2024-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE PERMIT AND MINOR SITE PLAN REVIEW ALLOW THE CONTINUED OPERATION OF AN EXISTING T- MOBILE WIRELESS TELECOMMUNICATION FACILITY AND THE REPLACEMENT OF ANTENNA EQUIPMENT ON AN EXISTING UTILITY POLE AT 27901 GOLDEN MEADOW DRIVE (CASE NO. PLCU2023-0005). WHEREAS, on March 23, 2023, The Applicant submitted an application for a Conditional Use Permit (CUP) for the continued operation of an existing T-Mobile wireless telecommunication facility on an existing 47.5-foot-high utility pole and the replacement of existing antennas and equipment. City records indicate that the facility has been in operation since 2007 without the benefit of a CUP. In 2015, the City's Community Development Department received an application for a CUP for the operation of the facility, but it was subsequently administratively withdrawn in 2016 due to inactivity; and WHEREAS, on April 21, 2023 after reviewing the initial submittal of the project plans and application, Staff deemed the application incomplete due to missing information; and WHEREAS, February 28,2024, the Applicant agreed to a tolling agreement that extends the "shot clock" expiration date for the above project site wireless telecommunication facility until April 10, 2024; and WHEREAS, on March 14, 2024, Staff deemed the application complete for processing after the Applicant resubmitted revised plans and additional information on several occasions. On that same day, a public notice announcing the proposed project was mailed to all property owners within a 500-foot radius of the project site and published in the Palos Verdes Peninsula News; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this Project is categorically exempt from CEQA, pursuant to Section No. 15301 (Existing Facilities) of the California Guidelines for Implementation of the CEQA. Furthermore, it has been determined that none of the exceptions to this exemption set forth in CEQA Guidelines, section 15300.2 apply to this project and this project does not present any unusual circumstances. Specifically, the request is to approve a CUP to allow the continued operation of an existing wireless telecommunications facility on an existing utility pole; and, WHEREAS, the Planning Commission held a duly-noticed public hearing on April 9, 2024, at which time all interested parties were given an opportunity to be heard and present evidence. P.0 Resolution No. 2024-07 Page 1 of 9 NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The above recitals are true and correct and are incorporated herein by reference. Section 2: The Planning Commission determines that this Project is categorically exempt from CEQA, pursuant to Section No. 15301 (Existing Facilities) of the California Guidelines for Implementation of the CEQA. Furthermore, it has been determined that none of the exceptions to this exemption set forth in CEQA Guidelines, section 15300.2 apply to this project and this project does not present any unusual circumstances. Specifically, the request is to approve a CUP to allow the continued operation of an existing wireless telecommunications facility on an existing utility pole. Section 3: The CUP and Minor Site Plan Review to allow the continued operation of an existing T-Mobile wireless telecommunications facility and replacement of antenna equipment on an existing utility pole at 27901 Golden Meadow Drive, as follows: 1. The proposed antenna and related equipment are located on the existing utility pole and will not require additional towers or structures to accommodate the improvements. The new antenna and equipment will not modify the height of existing utility pole, its location, or primary use. The utility pole structure will not encroach into any of the required setback areas or exceed height limitations prescribed by the RPVMC for an un-guyed (lacking a rope, chain, rod, or wire attached to something as a brace or guide) tower. Furthermore, the location of the proposed antenna on the utility pole will be reduced from 32.08 feet to 30 feet antenna. Furthermore, no modifications are proposed for the existing utility pole and the existing fences and landscaping onsite will remain, and the site will continue to operate as a residential use. 2 Access to the project site is provided along Golden Meadow Drive, which is a public street. In addition to the residential traffic associated with the existing residence, additional traffic expected from the proposed project includes a service vehicle for maintenance of the wireless telecommunication facility, which is expected to occur four to five times a year. A related service vehicle would have the opportunity to park on the project site driveway, public right-of-way impacts or obstruction to traffic flow in the area Based on this information, Staff p is of the opinion that the existing streets are sufficient to carry the type and quantity of traffic generated by the proposed use. 3 The proposed project will not result in an adverse visual impact because the project proposes to reduce the number of antennas from two to one and lower the height of the antenna height by 2 feet. In addition, the new support arm and antenna are designed to be more compact compared to the existing antenna equipment, which includes a more compact and efficient design compared to the P.C. Resolution No. 2024-07 Page 2 of 9 e existing equipment. A single 30-foot antenna replaces the previous configuration of two 32.08-foot antennas with supporting arms with a streamlined support structure. Furthermore, situating the new antenna at the rear of the property on an existing 47.5-foot-high utility pole., already integrated into the visual environment, leverages existing structures to minimize additional visual disturbances. 4 The proposed use is not contrary to the General Plan. There is a service gap within the community, which demonstrates the necessity for the continued operation"of the equipment on the project site 5 The project site is not located within any Overlay Control Districts. 6. 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 proposed request is to approve a CUP to allow for the continued operation of the T-Mobile wireless telecommunication facility in the same location. No major modifications are proposed to the existing utility pole at this time. All of the above-mentioned issues, including aesthetics, noise, etc., will be addressed by specific conditions of approval for the project. Section 4: The approval of the CUP (Case No. PLCU2023-0005) is consistent with the City's Wireless Communications Antenna Development Guidelines because: 1. 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. 2. Installations ofwireless e ess communication facilities on existing buildings, light g standards, utility poles, and other structures on public property or commercial, institutional and multi-family residential property was encouraged. The T-Mobile antenna arrays and appurtenances are installed on an existing utility pole, and the support equipment is located on private residential property without a proposal for modification of the utility pole. 3. The existing utility pole is currently only utilized by T-Mobile but may be able to be utilized by other carriers in the future, which would maximize the co-location of antennas at one site. P.C. Resolution No. 2024-07 Page 3 of 9 4. The existing view corridors are being preserved as the approved request does not involve any modifications to the existing T-Mobile wireless telecommunication facility that would exceed the height of the existing utility pole. 5. The proposed request will continue to provide improved reception for T-Mobile customers in the vicinity, which benefits the public. 6. The Applicant provided a Propagation Map for the specific area identifying signal strength. 7. Photographic simulations were submitted but full-scale mock-ups were not required as the approved project appears virtually identical to the existing stealth cross, which served as a mock-up. 8. 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 will remain, with only minor removal and upgrades to the existing infrastructure, that will continue to be located on the existing utility pole. The Applicant submitted a RF Compliance Report which indicates that the approved project will 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. 9. All In addition to lowering the height of the antenna location on the utility pole, the design of the new equipment eliminates two 32.08-foot high antennas with supporting arms and replaces them with one antenna featuring a streamlined and compact design at 30 feet high, with only one supporting arm. 10.Exhibit `A' includes a condition that this approval be valid for a period of 10 years from the date of approval or until April 9, 2034. Section 5: That the approval of this CUP 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. P.C. Resolution No. 2024-07 Page 4 of 9 Section 6: 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, April 24, 2024. 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, April 24, 2024. 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. 2024-07, approving, with conditions, a Conditional Use Permit and Minor Site Plan Review to allow the continued operation of an existing T-Mobile wireless telecommunications facility and replacement of antenna equipment on an existing utility pole at 27901 Golden Meadow Drive, subject to the Conditions of Approval contained in the attached Exhibit 'A'. PASSED, APPROVED AND ADOPTED this April 9, 2024, by the following vote: AYES: COMMISSIONERS NULMAN, PERESTAM, SAADATNEJADI, VICE CHAIR SANTAROSA & CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONERS BRACH AND NELSON David Chura-4 Chair I / Bra y -orbLs, Director of Community Development, and, Secretary of the Planning Commission P.C. Resolution No. 2024-07 Page 5 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. PLCU2023-0005 (CONDITIONAL USE PERMIT & MINOR SITE PLAN REVIEW T-MOBLIE — 27901 GOLDEN MEADOW DRIVE) GENERAL CONDITIONS 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant 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 ninety (90) days following the date of this approval shall render this approval null and void. 2. 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. 3. 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. 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, 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 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, P.C. Resolution No. 2024-07 Page 6 of 9 if not addressed herein, shall conform to the Institutional 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 RPVMC §17.86.060 or administrative citations as described in RPVMC Chapter 1.16. 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. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped approved by the City with the effective date of this approval. 10. 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. 11. 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. 12. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official 13. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in RPVMC §17.56.050(C). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, P.C. Resolution No. 2024-07 Page 7 of 9 Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off- site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the Building Official. 15. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. PROJECT SPECIFIC CONDITIONS 16. This approval for a CUP for the continued operation of a T-Mobile wireless telecommunication facility with related equipment located on an existing 47.5- foot-high utility pole. Existing equipment for the facility consists of one equipment shroud, two antennas, two antenna arms, and one load center. The Applicant also requests the following improvements: • Removal of two existing antennas and supporting arm mounts at 32.08 feet in height and replacement with one new antenna and associated mount at a maximum height of 30 feet; and • Removal of one equipment shroud and one load center at a maximum height of 14.5 feet and replace with updated equipment all at the same height. 17. T-Mobile shall submit periodic updates on Wireless Communications Technology every five years, from the date of this approval, to be reviewed by the Director of Community Development. 18. The related equipment shall be installed only within the utility pole and shall not exceed the utility pole 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. 19. This Conditional Use Permit shall expire on April 9, 2034, which is 10 years from the current approval date of April 9, 2034; at such time, the wireless antennas 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 antennas and related equipment are not using obsolete technology and are still in use and the proposed installation is in full P.C. Resolution No. 2024-07 Page 8 of 9 compliance with the Rancho Palos Verdes Municipal Code and any applicable policies in effect at the time. P.C. Resolution No. 2024-07 Page 9 of 9