PC RES 2023-016 P.C. RESOLUTION NO. 2023-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE
CONSTRUCTION OF A NEW MONOPOLE WITH ASSOCIATED
ANTENNAS WITHIN A NEW 35-FOOT-TALL STEALTH CROSS
FOR VERIZON WIRELESS ON THE ST. PETER'S BY THE SEA
PRESBYTERIAN CHURCH PROPERTY AT 6410 PALOS
VERDES DRIVE SOUTH.
WHEREAS, on September 14, 1999, the Planning Commission adopted P.C.
Resolution No. 99-31, thereby allowing Nextel Communications (subsequently
known as Sprint, now as T-Mobile) to erect a 35' tall monopole, designed as a cross,
and install related equipment enclosed with retaining walls up to 7.1' in height (42yd3
of related grading). This approval included AirTouch Cellular (now known as
Verizon) to co-locate their antennas on said monopole; and,
WHEREAS, on July 8, 2014, the Planning Commission adopted P.C. Resolution
No. 2014-19, approving a Conditional Use Permit Revision to allow for Verizon Wireless
to install a back-up generator within an enclosure just west of the existing stealth cross;
and,
WHEREAS, on June 6, 2023, the Applicant (SBA 2012 TC Assets, LLC, C/O:
Virtual Site Walk, LLC (Verizon Wireless)) submitted an application for a new CUP to
allow for the removal of an existing 36.8-foot-tall monopole with associated antennas,
all within a stealth cross, and construction of a new monopole with associated antennas,
all within a new 35-foot tall stealth cross at the same location for Verizon Wireless; and,
WHEREAS, on September 12, 2023, after reviewing the initial submittal of the
project plans and application, Staff deemed the application incomplete due to missing
information. After the Applicant's submittal of additional information, the application was
deemed complete for processing on September 27, 2023; and,
WHEREAS, on October 5, 2023, a public notice was mailed to all property
owners within a 500-foot radius of the site and published in the Palos Verdes 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 15303-New Construction); and,
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WHEREAS, the Planning Commission held a duly-noticed public hearing on
October 24, 2023, 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:
Section 1: The above recitals are true and correct and are incorporated herein
by reference.
Section 2: The Conditional Use Permit is approved to allow construction of a
new monopole with associated antennas within a new 35-foot-tall stealth cross for
Verizon Wireless on the St. Peter's by the Sea Presbyterian Church property located at
6410 Palos Verdes Drive South (PVDS), as follows:
A. The site is adequate in size and shape to accommodate the approved 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 approved
monopole structure with antennas and stealth cross complies with the City's
development standards for commercial antenna installation; meets setback and
height requirements in that the approved project does not encroach into any
required setback areas or exceed the height of 100 feet for an un-guyed tower;
there is an adequate amount of off-street parking spaces for the maintenance
and service vehicles; and the monopole does not require special markings or
lighting to comply with Federal Aviation Administration (FAA) requirements. The
approved project is shorter than the existing 36.8-foot tall stealth cross, which in
turn is shorter than the adjacent main church building and decorative cross
structure directly adjacent to PVDS, which measure approximately 60.85 feet
and 78 feet, respectively. The existing fences and landscaping onsite will remain,
and the site will continue to operate as a church site, with the main church
building, ancillary structures, and parking lot.
B The site for the approved use relates to streets and highways sufficient to carry
the type and quantity of traffic generated by the subject use because the subject
property is served by PVDS, which is identified in the 2018 General Plan as a
major arterial roadway and has accommodated the types of service vehicles that
have been visiting the site over the last 24 years; the operation of the new
monopole with antennas and stealth cross will not generate additional traffic
since any required service will be part of the same monthly routine maintenance
schedule as previously existed for the existing monopole and stealth cross
scheduled to be demolished, therefore the impact created by the occasional
service vehicles will be 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 new
monopole with antennas, screened with a stealth cross structure will appear
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virtually identical to the existing stealth cross structure. The approved project
will not result in any adverse impact to adjacent properties as it relates to views
because the amount of view impairment from the project is relatively minor as
compared to the larger expanse of the overall view observed by the properties
to the north across PVDS, because the viewing areas of these properties are
located between 24 to 40 feet higher in elevation than the elevation of the base
of the monopole, and because the approved monopole will be shorter than the
ridgeline of the main church structure onsite. Additionally, conditions have been
imposed that limit the height, color and illumination of the approved monopole
and stealth cross.
D The proposed use is not contrary to the General Plan. The General Plan's
Circulation Element Goal No. 1 (2018 General Plan, page C-5) states, "Ensure
adequate public utilities and communication services to all residents, while
considering environmental, aesthetic, and view impacts." The approved project
will provide improved communications services to City residents. In addition,
General Plan Circulation Element Policy No. 52 states: "Balance the need to
accommodate wireless communications coverage in the community with the
need to protect and maintain the quality of the environment for residents. All
new proposals to construct wireless communication facilities shall be reviewed
using guidelines adopted and kept current by the Planning Commission and,
where applicable, considering covenants, conditions, and restrictions (CC&Rs).
These guidelines shall balance public and private costs and benefits to the
greatest reasonable extent, and encourage colocation of facilities and the use
of evolving wireless communication technologies to minimize impacts." The
approved project is located on an Institutionally-zoned church property and is
over 120 feet from the nearest adjacent residential structures.
E The site of the proposed use is within the OC-2 (Socio-cultural overlay control
district) and OC-3 (Urban appearance overlay control district) established by the
Chapter 17.40 (Overlay Control Districts), and the proposed use complies with
all applicable requirements of that chapter. Regarding the Socio-cultural overlay
control district, the approved project will not result in the significant impeding of
any views deemed to be critical to the historical, archaeological, paleontological,
scientific or educational value of the area, thereby meeting the performance
criteria of this section. Regarding the Urban appearance overlay control district,
all the criteria involve changes to the elevation of the land and natural
topography, and as no grading is involved for the approved project, these
performance criteria can be met.
F 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
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conformity with the intent and purposes set forth in this title (Title 17 — Zoning).
The approved monopole with antennas and stealth cross is proposed in the
same location as an existing monopole with antennas and stealth cross.
Applicable conditions of approval have been carried over from the 1999
Planning Commission approval (P.C. Resolution No. 99-31).
Section 3: The approval of the Conditional Use Permit (Case No. PLCU2023-
0007) 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 of wireless communication facilities on existing buildings, light
standards, utility poles, and other structures on public property or commercial,
institutional and multi-family residential property was encouraged. The approved
monopole with antennas and a stealth cross, and the existing ground-level
supporting equipment are located on an Institutionally-zoned church property.
C. The existing monopole is currently only utilized by Verizon, and likely will remain
that way, i.e., with no co-location, as the height of the monopole was minimized
in order to reduced impacts to viewed observed from the public rights-of-way and
neighboring properties.
D. The existing view corridors are being preserved as the approved monopole and
stealth cross will be 1.8-feet shorter in height than the existing monopole and
stealth cross on the project site, which already minimally extends into the views
from both the neighboring properties to the north across PVDS and from the
PVDS public right-of-way.
E. The proposed request will continue to provide improved reception for Verizon
customers in the vicinity, which benefits the public.
F. The applicant provided a Propagation Map for the specific area identifying signal
strength.
G. Photographic simulations were submitted but full-scale mock-ups were not
required as the approved project appears virtually identical to the existing stealth
cross, which served as a mock-up.
H. Although the City's current guidelines require updates on wireless
communication technology every five 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 minimum length of time per the
government code is 10 years. The submitted plans show a new monopole with
antennas and a stealth cross, which will have updated technology. The Applicant
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submitted a RF Compliance Report which indicates that the approved project will
be in compliance with FCC Rules and Regulations. Exhibit 'A' includes a
condition which requires the provider to continue submitting periodic updates for
the facility concurrent with the CUP, which will expire 10 years from the date of
this approval.
I. All accessory support equipment will not be visible from neighboring residential
properties because of existing topographic conditions, screening walls, fences,
and enclosure structures.
J. Exhibit 'A' includes a condition that this approval be valid for a period of 10 years
from the date of approval, or until October 24, 2033.
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. 99-31.
Section 5: P.C. Resolution No. 2014-19 remains in full force and effect for the
Verizon Wireless back-up generator.
Section 6: 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, November 8, 2023. A $3,100 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, November 8, 2023.
Section 7: 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. 2023-16, approving, with conditions, a Conditional Use Permit to allow
for the construction of a new monopole with associated antennas within a new 35-foot-
tall stealth cross for Verizon Wireless on the St. Peter's by the Sea Presbyterian Church
property at 6410 Palos Verdes Drive South, subject to the Conditions of Approval
contained in the attached Exhibit 'A'.
P.C. Resolution No. 2023-16
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PASSED, APPROVED AND ADOPTED this 24th day of October 2023, by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, PERESTAM, VICE CHAIR
SANTAROSA AND CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: COMMISSIONER NULMAN
ABSENT: COMMISSIONER SAADATNEJADI
vid Chu
Chair
Bra.% / . .a (;1
-
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. PLCU2023-0007
(ST. PETER'S BY THE SEA PRESBYTERIAN CHURCH
VERIZON — 6410 PALOS VERDES DRIVE SOUTH)
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. 99-31, and
any subsequent amendments prior to this approval.
2. Prior to the submittal of plans into Building and Safety plan check, the
Applicant 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.
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 (RPVMC) shall apply.
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
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new and separate environmental review and public notification.
7. 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 standards of the City's
Municipal Code.
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 RPVMC §17.86.060 or administrative citations as
described in RPVMC Chapter 1.16.
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 approval.
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. 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 RPVMC §17.56.050(C). Unless required to protect
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against a safety hazard, temporary construction fencing shall not be erected
sooner than 15 days prior to commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in RPVMC
§17.96.920. 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 7:00 AM Monday through Friday and before 9:00 AM 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.
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 construction of a new monopole with associated
antennas within a new 35-foot-tall stealth cross for Verizon Wireless on the St.
Peter's by the Sea Presbyterian Church property at 6410 Palos Verdes Drive
South.
18. The height of the proposed monopole with stealth cross shall not exceed 35 feet,
as depicted on the approved plans. Any changes to the height of the existing
monopole more than 10% of the existing height or more than 20 feet, whichever
is greater, will require a revision to the Conditional Use Permit.
19. Unless required for compliance with Federal Aviation Administration (FAA)
regulations for aircraft safety warning lights, no lighting shall be permitted on the
existing monopole.
20. PRIOR TO FINAL INSPECTION, the stealth cross structure (and monopole and
antennas if visible outside of the stealth cross structure) shall be painted to match
the colors of the existing church building and/or surrounding landscaping and/or
other structures, to the Director's satisfaction.
21. This Conditional Use Permit shall expire on October 24, 2033, which is 10 years
from the current approval date of October 24, 2023; at such time, the wireless
antennas, monopole, stealth cross, and all related equipment shall be removed
from the site. However, the Planning Commission may grant an extension to the
Conditional Use Permit (if not yet expired) or a new Conditional Use Permit (if
expired), provided that the service provider demonstrates that the antennas and
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related equipment are not using obsolete technology and are still in use and the
proposed installation is in full compliance with the Rancho Palos Verdes
Municipal Code and any applicable policies in effect at the time.
22. P.C. Resolution No. 2014-19 remains in full force and effect for the Verizon
Wireless back-up generator.
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