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PC RES 2017-019 P.C. RESOLUTION NO. 2017-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES EXTENDING A CONDITIONAL USE PERMIT FOR AN EXISTING T-MOBILE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED ON AN EXISTING BUILDING AT 29661 WESTERN AVENUE UNTIL JUNE 26, 2027. WHEREAS, on June 26, 2007, the Planning Commission ("Commission") adopted P.C. Resolution No. 2007-45, approving a Conditional Use Permit ("CUP") under Planning Case No. ZON2007-00213, allowing T-Mobile to install 12 antennas along the north, south, and east façades of the Palos Verdes Villa Retirement Home. The approval also included equipment cabinets to be installed within the existing parking garage. Condition No. 10 of P.C. Resolution No. 2007-45 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 if the service provider demonstrates that the antenna and related equipment are not using obsolete technology and are still in use; and, WHEREAS, on November 25, 2008, the Commission adopted P.C. Resolution No. 2008-49, approving a revision to the 2007 Commission-approved CUP to allow T-Mobile to install one GPS antenna to the rooftop of the existing building instead of the south facade. This approval also included raising the height of the roof parapet by 1'-2" at the northeast and southeast corners to further screen the proposed antenna; and, Whereas, March 17, 2017, pursuant to Condition No. 10 of P.C. Resolution No. 2007- 45, the applicant (Lynda McClung of Synergy Development Services) submitted a CUP application to extend the Conditional Use Permit for the existing T-Mobile Wireless Telecommunications Facility which was set to expire on June 26, 2017; and, WHEREAS, on April 14, 2017, Staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The applicant submitted additional information on several occasions, Staff deemed the application complete on July 14, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: P.C. Resolution No. 2017-19 Page 1 of 9 Section 1: The Conditional Use Permit is extended to allow the continued operation of an existing T-Mobile Wireless Telecommunication Facility located on the existing building at 29661 Western Avenue (Palos Verdes Villa Retirement Home) until June 26, 2027 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 the use with those on adjacent land and within the neighborhood. The T-Mobile facility complies with the City's development standards for commercial antenna installation; meets setback and height requirements; has an adequate number of off-street parking spaces for maintenance and service vehicles; has adequate screening 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 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 antenna panels and related equipment on the property. Typical maintenance usually takes approximately 1-3 hours to inspect the overall site integrity and perform operational calibration. Staff believes that the impact created by the service vehicles would be negligible and the existing streets and highways are sufficient to carry the type and quantity of traffic generated by the existing use C. The use at this location will not generate significant adverse effect on adjacent properties or the permitted uses thereof. The application does not require modification to the existing use and structures. 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 antennas on the building are adequately screened from the adjacent properties with the use of extended parapets, as will the final 3 antennas and the associated equipment is located within an enclosed parking garage. D. The proposed use is not contrary to the General Plan. The General Plan's Urban Environmental Policy No. IV (General Plan, page 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 communication 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 they are mounted on, and the related equipment is screened within an enclosed equipment area. No changes are proposed to the existing T-Mobile facility. The remaining 3 antennas were approved pursuant to CUP No. 2007-45, and therefore their installation does not constitute a change to the project. P.C. Resolution No. 2017-19 Page 2 of 9 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). No modifications are proposed to the existing antennas or associated equipment, and the additional 3 antennas we approved by CUP No. 2007-45. The existing facility, including the 3 new antennas, meets all general development requirements with the exception of height. The current height of the structure is 36'-2" including the parapet walls. The maximum allowed height of any structure in an Institutional zoning district is 16'. However, this height limit was allowed to exceed 16' through the Commission-approved CUP ZON2008-00341. Section 2: The extension of the Conditional Use Permit (Case No. ZON2017- 000108) 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 communications 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 and associated equipment are located on and within an existing non-residential multi-story structure. C. This application is for the continued operation of an existing wireless telecommunication facility within the City, but future applications from other carriers shall be encouraged to take advantage of this location for installation of antennae. D. The existing facility is not located within a designated view corridor and will not be altered. The final 3 antennas will also not be located within a designated view corridor E. The proposed request will continue to provide improved reception for T-Mobile customers in the vicinity which benefits the greater good versus the financial gain that the wireless carrier may receive in return. F. The applicant has submitted a Network Master Plan. G. Photographs of the existing site showing the locations of the screened walls and parapet were submitted, but a full-scale mock-up was not required as the applicant is not proposing modifications to the existing facility, but rather to allow the continued operation of the wireless telecommunication facility the installation of the remaining 3 antennas behind the existing screening. H. Updates on wireless communication technology are required every 10 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 P.C. Resolution No. 2017-19 Page 3 of 9 infrastructure. Exhibit `A' includes a condition which requires the provider to continue submitting periodic updates every 5 years for the facility. I. The existing antennas will continue to be screened behind the existing parapet and the associated equipment will remain within the enclosed parking structure. J. The Planning Commission is granting the requested extension for 10 years 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. 2007-45 and any subsequent amendments. Section 4: 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 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-_, extending a Conditional Use Permit for an existing T-Mobile wireless telecommunication facility located on an existing building at 29661 Western Avenue (Palos Verdes Villa Retirement Home) until June 26, 2027, 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, Leon, Nelson, Vice Chairman James, and Chairman Cruikshank NOES: None ABSTENTIONS: Commissioner Emenhiser RECUSALS: None ABSENT: Commissioner Tomblin P.C. Resolution No. 2017-19 Page 4 of 9 *ikshank n Ara Mi' . . , AIC' Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2017- Page5of9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2017-00108 (29661 WESTERN AVENUE) 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. 2007-45 and any subsequent amendments. 2. Prior to the submittal of plans for the 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 of the RPVDC, 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. 2017-19 Page 6 of 9 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 Institutional (I), standards of the City's Municipal Code. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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, either through screening and/ or watering. 15. For 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 P.C. Resolution No. 2017-19 Page 7of9 calendar days, the applicant shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the RPVDC. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 16. For all grading, landscaping, and construction activities, the applicant shall employ effective dust control techniques, either through screening and/or watering. PROJECT SPECIFIC CONDITIONS 17. This approval allows the continued operation of the following T-Mobile wireless telecommunication facility (Approved by the Planning Commission on June 26, 2007 under P.C. Resolution No. 2007-45 and on October 25, 2008 under P.C. Resolution No. 2008-49): a) Twelve (12) commercial antennas mounted on the north, south, and east facing facades of the existing building with one (1) global positioning system (GPS) antenna in the south-facing sector. 1) The façade-mounted antennas shall be located within architecturally integrated screen enclosures. These screen encloses shall be consistent with the exterior texture and the color of the building wall where they are located, and shall be maintained so as to continue to match the building wall in the future. 2) The façade-mounted antennas and screen enclosures shall not exceed the height of the building where they are mounted, and the screen wall including the supportive cabinets shall not exceed the height of the existing metal parapet screen wall. b) Four (4) individual antennas on one base/sleight on the rooftop at the southeast corner screened by a parapet wall extension to the south and north edges of the rooftop. 1) The parapet wall shall be textured and painted to match the exterior color of the Palos Verdes Villa Retirement Home. The height of these parapets shall not exceed 1'-2", as measured from the existing ridgeline. c) Support equipment shall be maintained within the existing leasing area in the parking garage. 19. The wires and cables to the antennae panels shall not be exposed. 20. This approval does not include the use or installation of a permanent back-up generator for the antennae support equipment. Any future request for a permanent back-up generator will require the approval of a conditional use permit revision by the Planning Commission. However, the use of 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. P.C. Resolution No. 2017-19 Page 8 of 9 21. The support equipment shall not generate noise levels in excess of 65 dBA, as measured from the closest adjacent property line. Any additional sound attenuation measures to achieve this standard shall be the responsibility of the Applicant, and shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. 22. 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. 23. This Conditional Use Permit shall expire on June 26, 2027, which is ten (10) years from the original expiration date (June 26, 2017); 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. P.C. Resolution No. 2017-19 Page 9 of 9