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PC MINS 20170808 ADJ Approved 8/22/174 , CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES ADJOURNED REGULAR MEETING AUGUST 8, 2017 CALL TO ORDER The meeting was called to order by Chairman Cruikshank at 6:07 p.m.at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Vice Chairman James led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Leon, Nelson, Vice Chairman James, and Chairman Cruikshank. Commissioner Bradley arrived during the Consent Calendar and Commissioner Emenhiser arrived during Agenda Item No. 7. Absent: Commissioner Tomblin was excused. Also present were Community Development Director Mihranian, Deputy Director Kim, Assistant Planner Caraveo, Assistant Planner Anaya, and Assistant City Attorney Laymon. APPROVAL OF AGENDA Assistant City Attorney Laymon noted that Agenda Item Nos. 2 through 6 are recommended to be continued and the public will have an opportunity to speak on those items at the specified continued date. However, if a member of the public wishes to speak on those items this evening, they may speak on the issue of the continuance itself or may speak on the item if they will be unavailable on the continued public hearing date. The agenda was unanimously approved as presented. COMMUNICATIONS Director Mihranian reported that at its August 1st meeting, the City Council introduced an Ordinance amending Title 15 to create an exception category based on the Settlement Agreement between the City and Andrea Joannou. Director Mihranian provided the Commission with late correspondence for Agenda Item Nos. 2, 3, 4, 5, and 6. He informed the Commission that the Wireless Telecommunication Facilities in the public right-of-way will be transitioning from the Public Works Department to the Community Development Department over the next several weeks, and that a Consultant Planner has been hired by the City, at the applicant's expense, to manage and process these applications. He added that the staff reports will continue to be processed collaboratively between the Public Works Department and Community Development Department. He stated that the item on the street vacation on Crest Road has been taken off tonight's agenda, as the item must be taken to the Traffic Safety Committee before the Commission can hear the item. Commissioner Nelson asked when the street vacation item on Crest Road will be presented to the Traffic Safety Committee. Director Mihranian did not believe the item was agendized for the next Traffic Safety Committee meeting, and was not sure when it would be scheduled. Chairman Cruikshank reported on his attendance at the Annual Utility Coordination meeting. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): None CONSENT CALENDAR 1. AFTER-THE-FACT ANTENNAS AT THE 7-11 BUILDING: 28041 Hawthorne Blvd. Deputy Director Kim presented the staff report, stating that at the last public hearing the Commission requested a status report on the non-permitted antennas that have been placed on the roof of the 7-11 Building at the corner of Hawthorne Blvd. and Granvia Altamira. She explained a code enforcement case was opened when the City affirmed that an antenna had been replaced on the building without City approval. She stated that an application was later submitted by Sprint to legalize the antenna and equipment, which was administratively approved by Staff. She explained the approval was granted over the counter, as replacement antennas are eligible under the FCC Regulation 6409, which preempts the City from regulating various aspects of antennas and requires cities to approve modifications that are not considered significant physical changes. She also noted the decision is not appealable to the Planning Commission. Chairman Cruikshank opened the public hearing. Rudy Kerkhof stated this antenna is a big increase in terms of the view that is obstructed from his home, as well as four neighboring homes. He distributed photos taken of what is currently existing. He described what antennas existed previously as compared to what is there now. He stated he was also concerned that eventually all of the antennas on the building will be increased in height, leaving no view from the neighboring properties. He suggested the existing parapet on the roof be extended and all of the antennas be placed inside of the parapet, as this would screen the view of the antennas from the neighbors. Planning Commission Minutes August 8,2017 Page 2 Chairman Cruikshank closed the public hearing. Commissioner Nelson moved to approve Staff recommendation to receive and file the update report, seconded by Vice Chairman James. Commissioner Leon asked Staff if there was anything to prohibit the entire roof of this building being covered in antennas. Director Mihranian answered that Staff contacted the owner and asked if he will extend the parapet wall, but there is nothing that require him do so. Assistant City Attorney Laymon added, that in response to the comment that these antennas can continue to be added and grow incrementally, in the Statute and the FCC Regulations there are base line levels that are set that cannot be exceeded. Commissioner Leon asked if the City has discretion with respect to aesthetics. Assistant City Attorney Laymon responded that they City does not have this discretion with 6409 modifications. Commissioner Nelson asked Staff if the Planning Commission can deny this permit. Director Mihranian answered that the Commission cannot deny the permit. Commissioner Bradley asked what is to prevent a company from erecting a mock-up for an antenna which is displayed as an intentionally small antenna, and the Commission approves because it is a smaller antenna, then the applicant comes back later and changes the antenna size up to the maximum height allowed pursuant to Section 6409. Assistant City Attorney Laymon was not aware there was anything that would prevent this scenario. Vice Chairman James stated he understood the rule that applies that says the antennas can go up 10 percent or 10 feet, whichever is greater, and asked if there was any limit on the width of an antenna. Assistant City Attorney Laymon answered that there are limits on width and there is a list of specifications the FCC has put forward. Deputy Director Kim stated that the limit on width, pursuant to Section 6409, is 6 feet. Vice Chairman James asked if it was appropriate for the City in considering aesthetics in these matters, to consider the possibility of expanded size. He asked if the Commission can take into consideration the antennas that exist on a roof and could be expanded in the future, when deciding if there is an aesthetic problem. Planning Commission Minutes August 8,2017 Page 3 Assistant City Attorney Laymon stated she could not answer that question at this time. The motion to receive and file the staff report was approved, (5-1) with Commissioner Leon dissenting. CONTINUED PUBLIC HEARINGS 2. TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 10: Los Verdes Drive west of Avenida Classica Director Mihranian stated that for this item there is no staff report, and Staff is recommending that the Commission continue the public hearing to August 22nd to allow Staff additional time to work with the applicant and provide the information the Commission requested at the July 25th meeting. Commissioner Nelson asked for clarification on whether or not a Commissioner must recuse himself if he is within a 500 foot radius of one of these antenna applications. Assistant City Attorney Laymon explained that if your home or other property you own lies within 500 feet of the project, under the old rules of the Political Reform Act, you were presumed to have an economic conflict of interest. At that point, the Commissioner would be prohibited from having any influence upon the decision making process, except as a private citizen. She noted that in the last couple of years the rules have broadened the 500 foot rule to include consideration if a proposed project may have any foreseeable potential of financial impact to your property. She noted this is a much broader and more ambiguous standard that now applies. Director Mihranian noted that the applicant for Crown Castle has submitted a speaker slip for Agenda Item Nos. 2 through 6 in case the Commission has any questions. Commissioner Nelson moved to adopt Staff's recommendation to continue the public hearing to the August 22, 2017 Planning Commission meeting, seconded by Vice Chairman James. Commissioner Bradley asked if the alternative to continuing the public hearing was to take action on the item at this meeting. Assistant City Attorney Laymon answered that technically the Commission could take action, however she pointed out that the agenda recommendation that went out to the public was to continue the public hearing. She noted that there were members of the public present at the meeting earlier who left because they expected this item would be continued. She therefore stated the Commission may not get the full benefit of evidence and testimony they may otherwise receive from the public if a decision is rendered this evening. Planning Commission Minutes August 8,2017 Page 4 The motion to continue the public hearing to August 22nd was approved, (5-0). 3. TELECOMMUNICATIONS FACILITY PERMIT NO. ASG 33: Across from 6480Chartres Drive Director Mihranian stated that, similar to the previous Agenda Item No. 2, there was no staff report to present and Staff's recommendation was to continue the public hearing to the August 22nd Planning Commission meeting. Melitta Chen stated the proposed cell tower is next to her house. She explained that in Monaco there are no street lights, and therefore other than the houses, the only vertical structures are the trees. She stated that she did not think the cell tower was needed and Crown Castle was only looking to make money. Commissioner Nelson moved to adopt Staff's recommendation to continue the public hearing to August 22, 2017, seconded by Commissioner Leon. Approved, (5-0). NEW PUBLIC HEARINGS 4. TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 08: Across from 30505 Calle de Suenos Director Mihranian stated that Staff is recommending this item be continued to the August 30, 2017 meeting without discussion. He noted there are no speaker slips for the item. Commissioner Nelson moved to continue the public hearing to August 30, 2017, seconded by Commissioner Leon. Approved, (5-0). Commissioner Leon noted he will not be at the August 30th meeting. 5. TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 09: 30452 Camino Porvenir Commissioner Nelson moved to continue the public hearing to August 30, 2017, seconded by Vice Chairman James. Approved, (5-0). 6. TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 32: Scotwood Drive next to 29504 Whitley Collins Drive Commissioner Nelson moved to continue the public hearing to August 30, 2017, seconded by Vice Chairman James. Approved, (5-0). Planning Commission Minutes August 8,2017 Page 5 7. CONDITIONAL USE PERMIT RENEWAL (CASE NO. ZON2017-00108): 29661 Western Ave. Assistant Planner Caraveo presented the staff report, explaining the scope of the project and the location of the proposed antennas and equipment. He stated that Staff is recommending the Planning Commission approve the Conditional Use Permit to allow the continued operation of the existing T-Mobile facility subject to the conditions of approval outlined in the staff report. Chairman Cruikshank opened the public hearing. Linda McClung (applicant) stated she was available to answer any questions. Chairman Cruikshank commented that the antennas were difficult to see, as they are well screened from the public's view. Commissioner Leon stated that this is exactly the way antennas should be screened, and recommended Crown Castle look at this site. Ms. McClung commented on the conditions of approval, noting that one of the conditions requires they submit a plan to Building and Safety within one year. She pointed out they are not proposing any modifications to the existing antennas, but rather just renewing the conditions of approval, and will not be submitted to Building and Safety. Director Mihranian explained Staff wanted to ensure all conditions of approval from the original CUP were transferred to this new CUP, and understood this is just an extension of the original CUP. Commissioner Bradley stated he has driven by this building numerous times and never noticed there were antennas on the side of the building. He commended the applicant for the way the antennas are camouflaged and built into the existing structure. He stated this is truly a least intrusive method of installing cell towers. Jeff Calvagna stated the City has a very extensive Ordinance regarding cell towers in the public right-of-way, however there is very little in regards to these types of sites on private property. He praised T-Mobile for this site and stated he hoped more applicants would do this type of installation. He suggested the City update their Ordinance for antennas not located in the public right-of-way to require screening. Chairman Cruikshank closed the public hearing. Commissioner Leon moved to approve the Conditional Use Permit extension as recommended by Staff, seconded by Commissioner Nelson. P. C. Resolution 2017- 19 was adopted, (5-0-1) with Commissioner Emenhiser abstaining. Planning Commission Minutes August 8,2017 Page 6 8. CONDITIONAL USE PERMIT RENEWAL (CASE NO. ZON2017-00074): 30359 Hawthorne Blvd - RYAN PARK Assistant Planner Anaya presented the staff report, explaining the request is to extend the Conditional Use Permit for an additional ten years to allow the continued operations of the T-Mobile site at this location. He stated there are no proposed modifications to the facility, and Staff was recommending the Planning Commission approve the request as conditioned in the staff report. Chairman Cruikshank opened the public hearing. Linda McClung (applicant) stated she was available for any questions. Commissioner Nelson noted the equipment is on the ground right next to a park, and asked Ms. McClung if there has ever been a problem with vandalism of the equipment. Ms. McClung answered she was not aware of any vandalism problems. Chairman Cruikshank closed the public hearing. Commissioner Leon moved to approve the project, as recommended by Staff, seconded by Commissioner Bradley. The motion was approved, thereby adopting P.C. Resolution 2017-20, (6-0). ITEMS TO BE PLACED ON FUTURE AGENDAS 9. PRE-AGENDA FOR THE MEETING ON AUGUST 22, 2017 The pre-agenda was reviewed and approved as presented. 10. PRE-AGENDA FOR THE MEETING ON AUGUST 30, 2017 The pre-agenda was reviewed and approved as presented. Vice Chairman James stated he would not be at this meeting. ADJOURNMENT The meeting was adjourned at 7:25 PM Planning Commission Minutes August 8,2017 Page 7