PC RES 2024-007 P.C. RESOLUTION NO. 2024-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT AND MINOR SITE PLAN REVIEW
ALLOW THE CONTINUED OPERATION OF AN EXISTING T-
MOBILE WIRELESS TELECOMMUNICATION FACILITY AND
THE REPLACEMENT OF ANTENNA EQUIPMENT ON AN
EXISTING UTILITY POLE AT 27901 GOLDEN MEADOW DRIVE
(CASE NO. PLCU2023-0005).
WHEREAS, on March 23, 2023, The Applicant submitted an application for a
Conditional Use Permit (CUP) for the continued operation of an existing T-Mobile
wireless telecommunication facility on an existing 47.5-foot-high utility pole and the
replacement of existing antennas and equipment. City records indicate that the facility
has been in operation since 2007 without the benefit of a CUP. In 2015, the City's
Community Development Department received an application for a CUP for the
operation of the facility, but it was subsequently administratively withdrawn in 2016 due
to inactivity; and
WHEREAS, on April 21, 2023 after reviewing the initial submittal of the
project plans and application, Staff deemed the application incomplete due to missing
information; and
WHEREAS, February 28,2024, the Applicant agreed to a tolling agreement that
extends the "shot clock" expiration date for the above project site wireless
telecommunication facility until April 10, 2024; and
WHEREAS, on March 14, 2024, Staff deemed the application complete for
processing after the Applicant resubmitted revised plans and additional information on
several occasions. On that same day, a public notice announcing the proposed project
was mailed to all property owners within a 500-foot radius of the project site and
published in the Palos Verdes Peninsula News; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this Project is
categorically exempt from CEQA, pursuant to Section No. 15301 (Existing Facilities) of
the California Guidelines for Implementation of the CEQA. Furthermore, it has been
determined that none of the exceptions to this exemption set forth in CEQA Guidelines,
section 15300.2 apply to this project and this project does not present any unusual
circumstances. Specifically, the request is to approve a CUP to allow the continued
operation of an existing wireless telecommunications facility on an existing utility pole;
and,
WHEREAS, the Planning Commission held a duly-noticed public hearing on
April 9, 2024, at which time all interested parties were given an opportunity to be heard
and present evidence.
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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 Planning Commission determines that this Project is
categorically exempt from CEQA, pursuant to Section No. 15301 (Existing Facilities) of
the California Guidelines for Implementation of the CEQA. Furthermore, it has been
determined that none of the exceptions to this exemption set forth in CEQA Guidelines,
section 15300.2 apply to this project and this project does not present any unusual
circumstances. Specifically, the request is to approve a CUP to allow the continued
operation of an existing wireless telecommunications facility on an existing utility pole.
Section 3: The CUP and Minor Site Plan Review to allow the continued
operation of an existing T-Mobile wireless telecommunications facility and replacement
of antenna equipment on an existing utility pole at 27901 Golden Meadow Drive, as
follows:
1. The proposed antenna and related equipment are located on the existing utility
pole and will not require additional towers or structures to accommodate the
improvements. The new antenna and equipment will not modify the height of
existing utility pole, its location, or primary use. The utility pole structure will not
encroach into any of the required setback areas or exceed height limitations
prescribed by the RPVMC for an un-guyed (lacking a rope, chain, rod, or wire
attached to something as a brace or guide) tower. Furthermore, the location of
the proposed antenna on the utility pole will be reduced from 32.08 feet to 30 feet
antenna. Furthermore, no modifications are proposed for the existing utility pole
and the existing fences and landscaping onsite will remain, and the site will
continue to operate as a residential use.
2 Access to the project site is provided along Golden Meadow Drive, which is a
public street. In addition to the residential traffic associated with the existing
residence, additional traffic expected from the proposed project includes a
service vehicle for maintenance of the wireless telecommunication facility, which
is expected to occur four to five times a year. A related service vehicle would
have the opportunity to park on the project site driveway, public right-of-way
impacts or obstruction to traffic flow in the area Based on this information, Staff
p
is of the opinion that the existing streets are sufficient to carry the type and
quantity of traffic generated by the proposed use.
3 The proposed project will not result in an adverse visual impact because the
project proposes to reduce the number of antennas from two to one and lower
the height of the antenna height by 2 feet. In addition, the new support arm and
antenna are designed to be more compact compared to the existing antenna
equipment, which includes a more compact and efficient design compared to the
P.C. Resolution No. 2024-07
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e
existing equipment. A single 30-foot antenna replaces the previous configuration
of two 32.08-foot antennas with supporting arms with a streamlined support
structure. Furthermore, situating the new antenna at the rear of the property on
an existing 47.5-foot-high utility pole., already integrated into the visual
environment, leverages existing structures to minimize additional visual
disturbances.
4 The proposed use is not contrary to the General Plan. There is a service gap
within the community, which demonstrates the necessity for the continued
operation"of the equipment on the project site
5 The project site is not located within any Overlay Control Districts.
6. 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).
The proposed request is to approve a CUP to allow for the continued operation
of the T-Mobile wireless telecommunication facility in the same location. No
major modifications are proposed to the existing utility pole at this time. All of
the above-mentioned issues, including aesthetics, noise, etc., will be addressed
by specific conditions of approval for the project.
Section 4: The approval of the CUP (Case No. PLCU2023-0005) is consistent
with the City's Wireless Communications Antenna Development Guidelines because:
1. 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.
2. Installations ofwireless
e ess communication facilities on existing buildings, light
g
standards, utility poles, and other structures on public property or commercial,
institutional and multi-family residential property was encouraged. The T-Mobile
antenna arrays and appurtenances are installed on an existing utility pole, and
the support equipment is located on private residential property without a
proposal for modification of the utility pole.
3. The existing utility pole is currently only utilized by T-Mobile but may be able to
be utilized by other carriers in the future, which would maximize the co-location
of antennas at one site.
P.C. Resolution No. 2024-07
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4. The existing view corridors are being preserved as the approved request does
not involve any modifications to the existing T-Mobile wireless
telecommunication facility that would exceed the height of the existing utility pole.
5. The proposed request will continue to provide improved reception for T-Mobile
customers in the vicinity, which benefits the public.
6. The Applicant provided a Propagation Map for the specific area identifying signal
strength.
7. 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.
8. 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 the existing facilities
will remain, with only minor removal and upgrades to the existing infrastructure,
that will continue to be located on the existing utility pole. The Applicant 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.
9. All In addition to lowering the height of the antenna location on the utility pole,
the design of the new equipment eliminates two 32.08-foot high antennas with
supporting arms and replaces them with one antenna featuring a streamlined
and compact design at 30 feet high, with only one supporting arm.
10.Exhibit `A' includes a condition that this approval be valid for a period of 10 years
from the date of approval or until April 9, 2034.
Section 5: That the approval of this CUP is consistent with limitations on local
zoning authority imposed by the Telecommunications Act of 1996 because the City's
conditional approval of this permit does not unreasonably discriminate among providers
of functionally-equivalent services, or 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 was duly filed, considering its nature and
scope; the decision to approve this permit has been made 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 the proposed project
complies with the Federal Communications Commission's regulations concerning such
emissions.
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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, April 24, 2024. 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, April 24, 2024.
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. 2024-07, approving, with conditions, a Conditional Use Permit and Minor
Site Plan Review to allow the continued operation of an existing T-Mobile wireless
telecommunications facility and replacement of antenna equipment on an existing utility
pole at 27901 Golden Meadow Drive, subject to the Conditions of Approval contained
in the attached Exhibit 'A'.
PASSED, APPROVED AND ADOPTED this April 9, 2024, by the following vote:
AYES: COMMISSIONERS NULMAN, PERESTAM, SAADATNEJADI, VICE CHAIR
SANTAROSA & CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONERS BRACH AND NELSON
David Chura-4
Chair
I /
Bra y -orbLs,
Director of Community Development, and,
Secretary of the Planning Commission
P.C. Resolution No. 2024-07
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. PLCU2023-0005
(CONDITIONAL USE PERMIT & MINOR SITE PLAN REVIEW
T-MOBLIE — 27901 GOLDEN MEADOW DRIVE)
GENERAL CONDITIONS
1. 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.
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.
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 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.
5 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.
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,
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if not addressed herein, shall conform to the Institutional standards of the City's
Municipal Code.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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
13. 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
against a safety hazard, temporary construction fencing shall not be erected
sooner than 15 days prior to commencement of construction.
14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
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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.
15. For all grading, landscaping and construction activities, the Applicant shall
employ effective dust control techniques, either through screening and/or
watering.
PROJECT SPECIFIC CONDITIONS
16. This approval for a CUP for the continued operation of a T-Mobile wireless
telecommunication facility with related equipment located on an existing 47.5-
foot-high utility pole. Existing equipment for the facility consists of one
equipment shroud, two antennas, two antenna arms, and one load center. The
Applicant also requests the following improvements:
• Removal of two existing antennas and supporting arm mounts at 32.08 feet
in height and replacement with one new antenna and associated mount at a
maximum height of 30 feet; and
• Removal of one equipment shroud and one load center at a maximum height
of 14.5 feet and replace with updated equipment all at the same height.
17. T-Mobile shall submit periodic updates on Wireless Communications Technology
every five years, from the date of this approval, to be reviewed by the Director of
Community Development.
18. The related equipment shall be installed only within the utility pole and shall not
exceed the utility pole height. All mechanical equipment shall be housed in
enclosures designed to attenuate noise to a level of 65dBA at the project site's
property lines.
19. This Conditional Use Permit shall expire on April 9, 2034, which is 10 years from
the current approval date of April 9, 2034; at such time, the wireless antennas
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 related equipment are not using
obsolete technology and are still in use and the proposed installation is in full
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compliance with the Rancho Palos Verdes Municipal Code and any applicable
policies in effect at the time.
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