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PC RES 2019-001 P.C. RESOLUTION NO. 2019-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE PERMIT REVISION TO ALLOW THE INSTALLATION OF A 250 GALLON EMERGENCY BACK-UP DIESEL GENERATOR FOR AN EXISTING T-MOBILE WIRELESS COMMUNICATION FACILITY LOCATED AT 5739 CRESTRIDGE BOULEVARD (PLCU2OI8-0007). WHEREAS, on February 13, 2007, the Planning Commission adopted P.C. Resolution No. 2007-12, approving a Conditional Use Permit (Z0N2006-00627) for a 12' tall, 230ft2 wireless telecommunications equipment enclosure to support existing commercial antennas in the public right-of-way at the existing Southern California Edison Crest substation; and, WHEREAS, on June 1, 2018, the Applicant submitted a Conditional Use Permit Revision (Case No PLCU2018-0007) for the installation of an emergency backup diesel generator to support the existing wireless telecommunications facility; and, WHEREAS, on July 5, 2018, the application was deemed incomplete based on insufficient information; and, WHEREAS, on November 29, 2018, upon receiving additional information, the project was deemed complete; and, WHEREAS, on January 3, 2019, a public notice was mailed to property owners within a 500' radius of the site and was published in the Palos Verdes Peninsula News; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, under Article 19, Sections 15303 (New Construction or Conversion of Small Structures) of the California Guidelines for Implementation of CEQA, the Planning Commission found no evidence that the Conditional Use Permit Revision will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, the Planning Commission held a duly-noticed public hearing on January 22, 2019, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: P.C. Resolution No. 2019-01 Page 1 of 9 Section 1: The proposed project consists of the installation of a 250 gallon emergency backup diesel generator measuring 3'-2" in width, 7'-11" in length, and 7'-1" in height to support the existing T-Mobile wireless communication facility located within the public right-of-way. Section 2: Pursuant to Section 17.60.050.A of the Rancho Palos Verdes Municipal Code (RPVMC), the Planning Commission finds that the installation of an emergency backup diesel generator to support the existing wireless communication facility within the public right-of-way warrants a Conditional Use Permit based on the following findings: A. 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 or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. The proposed backup generator will not exceed the 16' height limit for structures in the Institutional zoning district, will not encroach upon any required setback areas, and will be located 13'- 2" from the nearest easements. The T-Mobile leasing area will be expanded from 450ft2 to 619ft2 to accommodate the proposed project and portions of the existing 6' tall fence will be relocated along the perimeter of the expanded leasing area. B. 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. No additional traffic will be generated by the proposed project nor will adversely impact existing levels of service for Crestridge Road or its intersections with Highridge Road or Crenshaw Blvd as it will be subject to the same routine maintenance as the existing equipment on a monthly basis. C. 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. As the existing T- Mobile leasing area will not be readily visible from public or private properties. Additionally, the project will be placed within a leasing area secured by a 6' tall fence. The project will generate noise levels at 52.6 dBA maximum, as measured from the closest residential property lines (southeast and southwest). D. The proposed use is not contrary to the General Plan. The existing T-Mobile commercial antennas on Crestridge Road and associated equipment on the subject property are allowed uses in the underlying Institutional land use designation. The City's General Plan, Circulation Element Goal No. 1 states that it shall be the goal of the City to "ensure adequate public utilities and communications services to all residents, while considering environmental, aesthetic and view impact."The project will ensure that the T-Mobile wireless communication facility will continue to provide coverage in the event of equipment failure and provide continuous communication P.C. Resolution No. 2019-01 Page 2 of 9 services to its customers. The project will not create adverse aesthetic and view impacts as it will be surrounded by a 6'tall fence and existing foliage, behind a large existing equipment shelter. E. That the project site is not located within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of the RPVMC. F. 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 Title 17 (Zoning) of the RPMC. The size and placement of the backup generator is such that additional screening is not necessary since the generator will be within a leasing area enclosed by a 6' tall perimeter fence and will be located behind an existing equipment shelter and existing dense foliage that screens the T-Mobile facility from Crestridge Road.As for noise impacts, the noise levels produced by the generator will be at a maximum of 52.6 dBA, as measured from the closest residential property lines (southeast and southwest). Temporary construction will be limited to the City's construction hours from 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. Additionally, no additional traffic will be generated by the proposed project as it will be subject to the same routine maintenance as the existing equipment on a monthly basis. Section 3: 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 p.m. on February 6, 2019. 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 p.m. on February 6, 2019. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves a Conditional Use Permit Revision to allow the installation of a back-up generator for an existing T-Mobile wireless communication facility, subject to the Conditions of Approval contained in the attached Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare (Case No. PLCU2018-0007). P.C. Resolution No. 2019-01 Page 3 of 9 PASSED, APPROVED AND ADOPTED this 22th day of January 2019, by the following vote: AYES: COMMISSIONERS NELSON, PERESTAM, SAADATNEJADI, VICE- CHAIRMAN BRADLEY, AND CHAIRMAN JAMES NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER LEON / Willi. - J ames Chairman Ara Mihranian Director of Community Development and Secretary of the Planning Commission P.C. Resolution No. 2019-01 Page 4 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. PLCU2018-0007 (CONDITIONAL USE PERMIT REVISION) 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 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. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 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. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 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. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the Institutional district development standards of the City's Municipal Code. 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 (RPVMC) shall apply. P.C. Resolution No. 2019-01 Page 5 of 9 AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 6. 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. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 7. 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. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 8. 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 §17.86.060 of the RPVMC or administrative citations as described in §1.16 of the RPVMC. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 9. If the Applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in §17.86.070 of the RPVMC within 180 days of the final effective date of this Notice of Decision, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 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. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 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 approval. P.C. Resolution No. 2019-01 Page 6 of 9 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. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 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. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 15. 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 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. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 16. 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 P.C. Resolution No. 2019-01 Page 7 of 9 equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 17. Exterior residential lighting shall comply with the standards of §17.56.030 of the RPVMC. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 18. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 19. PRIOR TO ISSUANCE OF BUILDING PERMITS all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 Project Specific Conditions: 20. This approval shall be valid for a period of 10 years from the date of the City's final action, or until 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. 21. This approval shall allow the following: a) Notwithstanding the two geo-positioning satellite (GPS) antennae depicted on the 2007 approved plans, no commercial antenna panels or other radiating elements operated by the Applicant and/ or its successor(s) in interest shall be installed on the subject property without the advance approval by the Planning Commission of a revision to this Conditional Use Permit. The Applicant and/or its successor(s) shall obtain the necessary approvals to install commercial antennae in the City's public rights-of-way,to be served by the wireless telecommunications equipment permitted by this approval, from the Director of Public Works. b) The equipment enclosure shall be of a color that blends with the existing P.C. Resolution No. 2019-01 Page 8 of 9 foliage on the Crest Substation site, to the satisfaction of the Community Development Director. c) Installation of a 250 gallon emergency backup diesel generator that shall measure 3'-2" wide, 7'-11" in length, and 7'-1" tall to support the existing T- Mobile wireless communication facility. d) A total of 15 cubic yards (cut) of grading. AMENDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 22. A minimum of two off-street parking spaces for support and service vehicle shall be maintained and accessible at all times. Each parking space must have minimum dimensions of 9' in width and 20' in depth. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 23. The noise levels produced by the backup generator shall not exceed 65dBA as measured from the closest residential property lines (southeast and southwest). ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 24. The emergency backup generator shall be screened from view from adjacent public right-of-way with foliage or other appropriate screening, as deemed acceptable to the Community Development Director. ADDED PER P.C. RESOLUTION NO. 2019-01 ON JANUARY 22, 2019 25. This approval shall be valid for a period of 10 years from the date of the City's final action, or until 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. P.C. Resolution No. 2019-01 Page 9 of 9