PC RES 2017-020 P.C. RESOLUTION NO. 2017-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES EXTENDING A CONDITIONAL USE
PERMIT TO ALLOW THE CONTINUED OPERATION OF AN
EXISTING T-MOBILE WIRELESS TELECOMMUNICATIONS
FACILITY LOCATED ON AN EXISTING LIGHT STANDARD AT 30359
HAWTHORNE BOULEVARD (ROBERT E. RYAN COMMUNITY
PARK) UNTIL FEBRUARY 14, 2026.
WHEREAS, on February 14, 2006, the Planning Commission ("Commission") adopted
P.C. Resolution No. 2006-7, approving a Conditional Use Permit ("CUP") under Planning
Case No. ZON2004-00174, allowing T-Mobile to install two 2' 8" tall directional antennas
mounted on an existing 25' tall light standard (total height 27' 8") and service equipment
located along the adjacent slope (Case No. 2006-00174). Condition No. 10 of P.C. Resolution
No. 2006-7 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 antenna and related equipment are not using obsolete
technology and are still in use; and,
WHEREAS, on February 7, 2013, the Director of Community Development approved a
minor modification to the Commission-approved CUP, allowing T-Mobile to replace two 2' 8"
antennas with taller 4' 2" antennas, associated equipment cabinets, and increase the height of
the existing block wall up to 6' to screen the equipment cabinet; and,
WHEREAS, on February 22, 2017, pursuant to Condition No. 10 of P.C. Resolution
No. 2006-7, the applicant (Lynda McClung of Synergy Development Services) submitted a
CUP application to extend the expired entitlement for the T-Mobile wireless
telecommunication facility that expired on February 14, 2016; and,
WHEREAS, on March 23, 2017, after reviewing the initial submittal of the project plans
and application, Staff deemed the application incomplete due to missing information. After
applicant's submittal of additional information, the application was deemed complete for
processing on July 16, 2017; and,
WHEREAS, on July 20, 2017, a public notice was mailed to all property owners within
a 500' 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 3
(Section 15301); and,
WHEREAS, the Planning Commission held a duly-noticed public hearing on August 8,
2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
P.C. Resolution No. 2017-20
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NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Conditional Use Permit is extended to allow the continued
operation of an existing T-Mobile wireless telecommunications facility consisting of antennas
at the top of an existing light standard measuring 27' 8" in total height and support equipment
on the adjacent slope enclosed by a 6' tall wall at Robert E. Ryan Community Park until
February 14, 2026 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 said use with those on
adjacent land and within the neighborhood. The T-Mobile facility complies with the
City's development standards for commercial antennae installation; meets setback and
height requirements; there is adequate amount of off-street parking spaces for the
maintenance and service vehicles; there is adequate screening provided for the on-
ground supporting equipment; and the antenna does not require special markings or
lighting to comply with Federal Aviation Administration 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. The continued operation of
the existing wireless telecommunication facility will not generate additional traffic since
any required service will be part of the current routine maintenance schedule for the
existing antennae panels and related equipment on the subject property. Typical
maintenance usually takes approximately 1-3 hours to inspect the overall site
integrity and perform operational calibration. The impact created by the occasional
service vehicles is 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 modifications to the existing use and structure. The maintenance to the facility
is conducted on an as-needed basis. New traffic will not be created with the continued
operation of the wireless telecommunications facility as its existing operation has not
created any known significant effect on adjacent properties. The existing equipment is
surrounded by a 6' tall retaining block wall enclosure, and does not produce significant
noise and the existing antennas continue to match the color of the light standard.
D. The proposed use is not contrary to the General Plan. The General Plan's Urban
Environmental Policy No. IV (General Plan, pages 100 and 138) states, "It shall be the
goal of the City to ensure adequate public utilities and communications services to all
residents, while maintaining the quality of the environment." The existing T-Mobile
wireless facility will continue to provide improved communications services to its
residents. In addition, Infrastructure Policy No. 8 in the City's General Plan requires
"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." The
existing T-Mobile antennas match the color of the light standard on which they are
mounted, and the related equipment is screened within an enclosed equipment area.
No changes are proposed to the existing T-Mobile 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
P.C. Resolution No. 2017-20
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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 T-Mobile antennas match the
color of the light standard and the support equipment is screened within a 6' wall
enclosure. Additional landscaping is being required around the wall enclosure for
additional screening, as no modifications are proposed to the existing antennas or
associated equipment.
Section 2: The extension of the Conditional Use Permit (Case No. ZON2017-
00074) 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 T-Mobile antennas are installed on an existing light standard, which
is located within a public park. The supporting equipment is located adjacent to the
parking lot of the public park.
C. The existing antennas are not co-located on an existing site with other antennas as it
is not feasible given the height of the light standard upon which they are installed.
However, this is the second light standard to be equipped with antennas at the park,
thus maximizing the co-location of antenna at one site.
D. The existing view corridors are being preserved as no modifications are proposed to
the existing T-Mobile wireless facility.
E. The proposed request will continue to provide improved reception for T-Mobile
customers in the vicinity, which benefits the public and less on financial gain that the
wireless carrier may receive in return.
F. The applicant provided a Propagation Map for the specific area identifying signal
strength including other T-Mobile sites. Furthermore, the applicant also provide an
additional map illustrating all T-Mobile sites within City boundaries and service
coverage.
G. Photographic simulations and full-scale mock-ups were not required as the applicant is
not proposing modifications to the existing facility, but rather to allow the continued
operation of the wireless telecommunications facility.
H. Updates on wireless communication technology are required 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 submitted plans
show the existing facilities to remain with no removal or upgrades to the existing
infrastructure. The applicant submitted a RFE-EME Compliance Report and Statement
P.C. Resolution No. 2017-20
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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 every 5 years for
the facility.
I. All accessory support equipment are adequately screened by a 6' tall block wall
enclosure. In order to further screen the appearance of the existing block wall from the
public park, Exhibit "A" includes a condition to plant nine, 5-gallon rhaphiolepis indica
("Indian Hawthorn") shrubs along the retaining wall and chain link fence within 60-days
of approval.
J. The Planning Commission is granting the requested extension for 10 years, and
language to this effect has been included in Exhibit 'A'.
Section 3: The extension of Conditional Use Permit 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 is duly filed, taking into account the nature
and scope of such request; the decision to approve this permit has been made in writing 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 such facilities comply with
the Commission's regulations concerning such emissions.
Section 4: The approval of this Resolution supersedes all Conditions of Approval
that were a part of the original approval under P.C. Resolution No. 2006-7 and any
subsequent amendments.
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 PM on Wednesday,
August 23, 2017. 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 PM on Wednesday,
August 23, 2017.
Section 6: 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. 2017-20,
extending a Conditional Use Permit for an existing T-Mobile wireless telecommunication
facility located on an existing light standard at 30359 Hawthorne Boulevard until February 14,
2026, subject to the Conditions of Approval contained in the attached Exhibit 'A'.
PASSED, APPROVED AND ADOPTED this 8th day of August 2017, by the following vote:
AYES: Commissioners Bradley, Emenhiser, Leon, Nelson Vice Chairman James,
and Chairman Cruikshank
NOES: None
P.C. Resolution No. 2017-20
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ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Tomblin
J• Cruikshank
C :irman
Ara 711!"..."-, 74SIFF
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2017-20
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2017-00074
(30359 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. 2006-7 and any subsequent
amendments.
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. The approval shall become null and void after one year from the date of approval,
unless approved plans are submitted to the Building and Safety Division to initiate the
"plan check" review process.
7. Pursuant to Section 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. 2017-20
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8. 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 OR, Open Space Recreation, standards of the
City's Municipal Code.
9. Failure to comply with and adhere to all of these conditions of approval may be cause
to revoke the approval of the project by the Planning Commission after conducting a
public hearing on the matter.
10. 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.
11. 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 Resolution.
12. 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.
13. 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.
14. 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.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on 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. 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 7AM Monday through Friday and before 9AM 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. All grading,
landscaping and construction activities shall exercise effective dust control techniques,
P.C. Resolution No. 2017-20
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either through screening and/ or watering.
16. If 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, the applicant shall provide temporary construction fencing, as defined
in Section 17.56.050(C) of the Development Code. Unless required to protect against
a safety hazard, temporary construction fencing shall not be erected sooner than 15
days prior to commencement of construction.
17. For all grading, landscaping and construction activities, the applicant shall employ
effective dust control techniques, either through screening and/or watering.
PROJECT SPECIFIC CONDITIONS
18. This approval allows the continued operation of a T-Mobile wireless telecommunication
facility, originally approved by the Planning Commission on February 14, 2006 under
P.C. Resolution No. 2006-7, to allow commercial antennas to be mounted at the top of
a 25' tall light standard, totaling 27' 8" in overall height. The wireless facility includes
two 2' 8" antennas and three twin AWS TMA's. This approval also includes support
equipment within a 6' tall retaining block wall enclosure adjacent to a slope at the
northern edge of the parking lot.
19. The 6' tall support equipment cabinet shall be located within an existing 7' 2" long and
4' 6" wide equipment area along the slope.
20. The equipment area shall be enclosed with a 6' high down sloping retaining walls on
two sides. The remaining two sides shall be enclosed with a 3' 6" high chain link fence,
connected to a 3' 6" high metal guardrail on both sides of at-grade steps. A gate with
locking capabilities with a "No Trespassing" sign bearing the T-Mobile logo shall be
maintained.
21. The applicant shall maintain six (6) — 8"x8"x36" concrete steps with 24"x36" landings in
between for access steps to the enclosure location.
22. The retaining block wall and chain link fence around the support equipment shall be
screened by nine, 5-gallon of the drought tolerant variety of rhaphiolepis indica ("Indian
Hawthorn") shrubs within 60-days of the approval date (August 8, 2017).
23. 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 conditional use permit revision by the
Planning Commission. 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.
24. 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.
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25. T-Mobile shall submit updates on Wireless Communications Technology every five
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 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 building permits.
26. This Conditional Use Permit shall expire on February 14, 2026, which is ten (10) years
from the original expiration date (February 14, 2016); at such time, the wireless
antenna and all related equipment shall be removed from the site. However, the
Planning Commission shall grant an extension to the Conditional Use Permit provided
that the service provider demonstrates that the antenna and related equipment are not
using obsolete technology and are still in use.
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