PC RES 2019-011 P.C. RESOLUTION NO. 2019-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES EXTENDING A
CONDITIONAL USE PERMIT UNTIL JANUARY 27, 2029 TO
ALLOW THE CONTINUED OPERATION OF AN EXISTING
VERIZON WIRELESS TELECOMMUNICATION FACILITY ON
AN EXISTING PARKING LIGHT STANDARD LOCATED AT
RYAN PARK 30359 HAWTHORNE BLVD. (CASE NO.
PLCU2018-0002)
WHEREAS, on January 27, 2009, the Planning Commission ("Commission")
adopted P.C. Resolution No. 2009-02, approving a Conditional Use Permit ("CUP")
allowing Verizon to install a new monopole light standard to accommodate three panel
antennas standard and related equipment in the parking lot of Ryan Park (Case No.
ZON2007-00243). Condition No. 19 of P.C. Resolution No. 2009-02 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, unless the Applicant
requests and the Commission approves an extension; and,
WHEREAS, on September 26, 2017, the Planning Division Staff approved an
over-the-counter Minor Site Plan Review application allowing Verizon to replace the
existing panel antennas with taller ones, thereby increasing the overall height from 30'
to 31'-4". This increase in height did not require additional discretionary approval as
the proposed modification was considered an eligible facilities request (EFR) under
Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and,
WHEREAS, on February 8, 2018, pursuant to Condition No. 19 of P.C.
Resolution No. 2009-02, the Applicant (Al Gamboa of Milestone Wireless) submitted a
written request to extend the time frame of the CUP for the continued operation of a
Verizon wireless telecommunication facility ("Verizon Facility" or "Facility"), which was
set to expire on January 27, 2019; and,
Whereas, on March 6, 2018, 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
and Staff deemed the application complete on May 10, 2019; and,
WHEREAS, on May 16, 2019, a public notice was mailed to all property owners
within a 500' radius from the subject property and published in the Peninsula News;
and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act (CEQA), the project is Categorically Exempt from the provisions of the CEQA,
under Article 19, Sections 15301 (Existing Facilities) of the California Guidelines for
Implementation of CEQA. Specifically, the project includes the renewal of a
Conditional Use Permit to allow the continued operation of an existing wireless
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telecommunication facility until January 27, 2029 where no modifications are proposed
and involves no expansion of said use; and,
WHEREAS, the Planning Commission held a duly-noticed public hearing on
June 11, 2019, 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:
Section 1: The above recitals are true and correct and incorporated herein
by reference.
Section 2: The extension of the CUP to allow the continued operation of the
Verizon Facility until January 27, 2029 is warranted 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 Verizon
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 relates to streets and highways sufficient to carry the type and quantity
of traffic generated by the use. The continued operation of the 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.
C. The use at this location will not generate significant adverse effect on adjacent
properties or the permitted uses thereof. The request does not involve
modifications to the existing use and structure. The Facility is to remain as is. In
addition, maintenance to the facility is conducted on an as-needed basis. New
traffic will not be created with the continued operation of the Facility as its
existing operation has not created a significant effect on adjacent properties.
The existing equipment is below grade within a retaining block wall enclosure
which does not produce significant noise and the existing antennas continue to
match the color of the light standard.
D. The use is not contrary to the General Plan. The General Plan's Circulation
Element Goal No. 1 (General Plan, page C-5) is to "ensure adequate public
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utilities and communication services to all residents, while considering
environmental, aesthetic, and view impacts." The extension of the CUP will
allow continued adequate communication services for its residents. In addition,
the existing antennas match the color of the light standard on which they are
mounted and the related equipment is screened within an enclosed equipment
area and foliage has been planted in front of the area to further screen the
equipment.
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). As no modifications are proposed to the existing
Verizon Wireless Facility, all conditions that were previously imposed shall
remain except for the time frame.
Section 2: The extension of the Conditional Use Permit (Case No.
ZON2018-0002) until January 27, 2029 is consistent with the City's Wireless
Communications Antenna Development Guidelines because:
A. Guideline 1: Expeditious Processing of Applications — The City processed the
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. Guideline 2: Preference for Existing, Non-Single-Family Structures as Antenna
Sites — The Verizon Facility is installed on an existing light standard, which is
located within a public park. The supporting equipment is located adjacent to
the parking lot for the public park.
C. Guideline 3: Encourage Co-Location— The Verizon Facility is on an existing
light standards and no changes are proposed. Future applications from other
carriers shall be encouraged to take advantage of this location for installation of
antennae.
D. Guideline 4: Preservation of View Corridors — No modifications to the existing
Verizon Facility are proposed and therefore, there will be no impacts to view
corridors.
E. Guideline 5: Balance of Public and Private Costs and Benefits — The proposed
request will continue to provide improved reception for Verizon customers in the
vicinity which benefits the greater good versus the financial gain that the
wireless carrier may receive in return.
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F. Guideline 6: Submittal of Network Master Plan Required — A Network Master
Plan was submitted as part of the application package.
G. Guideline 7: Photographic Simulations and Full-Scale Mock-Ups Required —
Photographs simulations and full-scale mock-ups were not required as the
extension only allows the continued operation of an existing facility.
H. Guideline 8: Periodic Updates on Wireless Communications Technology
Required — The Facility will remain with no removal or upgrades to the existing
infrastructure at this time.
I. Guideline 9: Screening of Support Equipment and Structures Required — The
existing support equipment is adequately screened and is below the grade of
the parking lot within a retaining wall enclosure. The enclosure is further
screened with shrubs along the retaining wall and safety railing.
J. Guideline 10: Expiration of Conditional Use Permit — The CUP shall be valid for
another 10 years, set to expire on June 11, 2019.
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. 2009-02
and any subsequent amendments.
Section 4: The extension of this Conditional Use Permit to operate the Verizon
Facility 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: 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. 2019-11, to allow until January 27, 2029 the continued operation of an
existing Verizon Wireless Telecommunication Facility located on an existing light
standard and supporting equipment at Ryan Park, subject to the Conditions of
Approval contained in the attached Exhibit "A."
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Section 6: Any interested person may appeal this decision 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, June 26,
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 PM on Wednesday,
June 26, 2019.
Section 7: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90 day statute of limitations set forth in Code of Civil
Procedure §1094.6 and Section 17.86.100(B) of the RPVMC.
PASSED, APPROVED AND ADOPTED this 11th day of June 2019, by the following
vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI,
PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
David Bradley
Chairman
Ara raW'
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. PLCU2018-0002
(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. 2009-02 and
any subsequent amendments.
2. 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 within 90 days following the date of this approval.
Failure to do so 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. 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.
5. Pursuant to Section 17.78.040 of the RPVMC, 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.
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,
if not addressed herein, shall conform to the Open Space Recreational (OR),
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standards of the City's Municipal Code.
7. 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.
8. 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.
PROJECT SPECIFIC CONDITIONS
9. This approval allows until January 27, 2029 the continued operation of a
Verizon wireless telecommunication facility (Approved by the Planning
Commission on January 27, 2009 under P.C. Resolution No. 2009-02) on the
second light standard from the northern edge of the Robert E Ryan Park. The
approved facility consists of the following:
a) Commercial antennas at the top of the 30' light standard, resulting in a
total height of 31'-4".
1) The wires and cables to the antennae panels shall not be
exposed.
2) All cables and wires shall be directly routed to the pole, clipped-up
and encased within the pole, and otherwise hidden from view. No
loops, exposed cables, splitters or unsightly wires shall be
permitted.
3) The panel antennas shall continue to be painted to match the
exterior color of the existing light standard. The overall height of
the light standard (including the antenna panels) shall not exceed
31'-4", as measured from the lowest point of grade adjacent to the
light standard to the top of the antenna panels.
b) Enclosed 250ft2 equipment area adjacent to a slope at the northern edge
of the parking lot.
1) The equipment area shall continue to be screened from the view
of adjacent properties with foliage or other appropriate screening,
subject to review of the Director of Community Development. The
approved screening method shall be maintained.
2) 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
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subject to the review and approval of the Director of Community
Development.
19. Verizon shall submit updates on Wireless Communications Technology every 5
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,
Verizon 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.
20. This Conditional Use Permit shall expire on January 27, 2029, which is 10
years from the original expiration date (January 27, 2019); 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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