PC RES 2024-021 P.C. RESOLUTION NO. 2024-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING THE CONDITIONAL WIRELESS FACILITY PERMIT
TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF 3
PANEL ANTENNAS AND ANCILLARY SITE EQUIPMENT FOR
AN EXISTING STEALTH WIRELESS FACILITY ON THE ROOF
OF THE CANTERBURY RETIREMENT COMMUNITY BUILDING
LOCATED AT 5801 CRESTRIDGE ROAD (CASE NO.
CWFP2024-0001).
WHEREAS, on February 06. 1979, the City Council approved Conditional Use
Permit (CUP) No. 41 and Variance No. 34, allowing the construction of a new retirement
care facility (Canterbury Gardens') to be constructed on a vacant lot. Since this
approval, numerous amendments to the original CUP were approved by the Planning
Commission, which included amendments that allowed additional uses. a change in use
for specific buildings. reduction in number of units, construction of new accessory
structures, building additions, parking space additions, replacing signs and the
conversion of existing units to larger or smaller units: and.
WHEREAS, on December 11 , 2008, the City's Planning Commission
adopted PC Resolution No. 2008-52 (Case No. ZON2008-00477), approving a CUP to
allow the installation of thirteen Verizon antennas within a five-foot-tall parapet structure
on the rooftop and associated ground mounted equipment of the Canterbury Retirement
Community with a set expiration date of November 25. 2018 pursuant to Condition of
Approval No. 18: and.
WHEREAS. On June 18. 2024, the City Council adopted Ordinance No. 682. which
updated the City's wireless telecommunication code provisions, including the
p Y
replacement of a CUP with a Conditional Wireless Facility Permit (CWFP) as the
appropriate application type for the permitting of wireless telecommunication facilities:
and
WHEREAS. on July 15, 2024. the applicant (Verizon Wireless) submitted a
CWFP application, requesting the continued operation of existing antennas and support
equipment at the Canterbury Retirement Community. and proposes to update the
equipment with the removal and replacement of three panel antennas and various
ancillary site equipment: and.
WHEREAS. on August 14, 2024. 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, and
on September 5, 2024. staff deemed the application complete for processing: and
P.C. Resolution No. 2024-21
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WHEREAS, on September 7, 2024, a public notice was published in the Daily
Breeze and mailed to all property owners within a 500-foot radius from the project site,
providing a 15-day time-period to submit comments; 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 Planning Commission found no evidence that the
Conditional Wireless Facility Permit will have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt under
Class 1 (Section 15301); and,
WHEREAS, the Planning Commission held a public hearing on September 24,
2024, 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 installation complies with all standards and regulations
contained in RPVMC §17.73.210, including design standards, setbacks, height and
visual impacts. The removal of three existing antennas and the installation of three new
antennas and the associated ground mounted equipment are placed within a preferred
location within an institutional zoning designation. The project does not impact vehicular
and/or pedestrian circulation within the existing project site and does not impeded
access to the site. Additionally, the replacement of rooftop equipment does not exceed
the height of the existing structure or previously approved equipment and will not create
a view impairment from surrounding residential properties.
Section 2: The upgrade to the ground mounted accessory equipment is within
the existing 249 square foot equipment area, which is located adjacent to Building B,
partially below the grade of the parking lot, screened by a masonry wall with landscape.
The improvements to the equipment are entirely located within the existing equipment
area, therefore minimizing any visual and aesthetic impacts of the existing area.
Section 3. There are no wireless communications facilities located within two
hundred feet of the project site located at 5801 Crestridge Road.
Section 4: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must
be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on
Wednesday, October 9, 2024. An 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
October 9, 2024.
P.C. Resolution No. 2024-21
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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 conditionally
approves a Conditional Wireless Facility Permit to allow for the removal and
replacement of 3 panel antennas and ancillary site equipment for an existing stealth
wireless facility on the roof of the canterbury retirement community building (Case No.
CWFP2024-0001), as conditioned in Exhibit 'A'.
PASSED, APPROVED AND ADOPTED this 24th day of September 2024, by the
following vote:
AYES: COMMISSIONERS BRACH, CHRISTEN, CHURA, GEORGE,
O'CONNOR, VICE-CHAIR NULMAN, AND CHAIR SANTAROSA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
". i *I 1 'I
Ion Santarosa,
Chair
Bran orbes, A P
Comm pity Developmen epartment; and,
Secretary of the Planning Commission
P.C. Resolution No. 2024-21
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. CWFP2024-0001
(VERIZON — 5801 Crestridge Road)
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
Resolution. Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
2. 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.
3. 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.
4. The Community Development Director 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. Otherwise, any substantive change to the
project shall require approval of a revision by the final body that approved the
original project, which may require new and separate environmental review.
5. 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.
6. 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 Section 17.86.060 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. 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 Resolution.
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9. 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.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM,
Monday through 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. Trucks shall not park, queue and/or idle at the project site or
in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday,
in accordance with the permitted hours of construction stated in this condition.
11 .All grading. landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12.All construction sites shall be maintained in a secure. safe. neat and orderly
manner. Temporary portable bathrooms shall be provided on a construction site
if required by the City's Building Official. Said portable bathrooms shall be
subject to the approval of the City's Building Official and shall be placed in a
location that will minimize disturbance to the surrounding property owners.
13. The City's grant or grant by operation of law of an eligible facility permit
constitutes a federally mandated modification to the underlying permit or
approval for the subject tower or base station. The city's grant or grant by
operation of law of an eligible facility permit shall not extend the term of the
underlying wireless facility permit or any city-authorized extension thereto.
14. In the event that any court of competent jurisdiction invalidates any portion of
Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal
law would not mandate approval for any eligible facility permit(s), such permit(s)
shall automatically expire one year from the effective date of the judicial order.
unless the decision would not authorize accelerated termination of previously
approved eligible facility permits. A permittee shall not be required to remove its
improvements approved under the invalidated eligible facility permit when it has
submitted an application for either a conditional wireless facility permit or an
administrative wireless facility permit for those improvements before the one-year
period ends. The director may extend the expiration date on the accelerated
permit upon a written request from the permittee that shows good cause for an
extension.
15.The City's grant or grant by operation of law of an eligible facility permit does not
waive, and shall not be construed to waive, any standing by the city to challenge
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Section 6409(a), any FCC rules that interpret Section 6409(a) or any eligible
facility permit.
16.The permittee shall maintain compliance at all times with all federal, state and
local laws, statutes, regulations, orders or other rules that carry the force of law
("laws") applicable to the permittee, the subject site, the facility or any use or
activities in connection with the use authorized in this permit. The permittee
expressly acknowledges and agrees that this obligation is intended to be broadly
construed and that no other specific requirements in these conditions are
intended to reduce, relieve or otherwise lessen the permittee's obligations to
maintain compliance with all laws.
17.The Director may enter onto the facility area to inspect the facility upon
reasonable notice to the permittee. The permittee shall cooperate with all
inspections. The city reserves the right to enter or direct its designee to enter the
facility and support, repair, disable or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or property.
18. Permittee shall at all times maintain accurate contact information for all parties
responsible for the facility, which shall include a phone number, street mailing
address and email address for at least one natural person who is responsible for
the facility. All such contact information for responsible parties shall be provided
to the director upon permit grant, annually thereafter, and permittee's receipt of
the director's written request.
19.The permittee and, if applicable, the nongovernment owner of the private
property upon which the tower and/or base station is installed shall defend,
indemnify and hold harmless the city, its agents, officers, officials and employees
(a) from any and all damages, liabilities, injuries, losses, costs and expenses and
from any and all claims, demands, lawsuits, writs of mandamus and other actions
or proceedings brought against the city or its agents, officers. officials or
employees to challenge, attack, seek to modify, set aside, void or annul the city's
approval of the permit, and (b) from any and all damages, liabilities, injuries,
losses, costs and expenses and any and all claims, demands, lawsuits or causes
of action and other actions or proceedings of any kind or form, whether for
personal injury, death or property damage, arising out of or in connection with the
activities or performance of the permittee or, if applicable, the private property
owner or any of each one's agents, employees, licensees, contractors,
subcontractors or independent contractors. The permittee shall be responsible
for costs of determining the source of the interference, all costs associated with
eliminating the interference, and all costs arising from third party claims against
the city attributable to the interference. In the event the city becomes aware of
any such actions or claims the city shall promptly notify the permittee and the
private property owner and shall reasonably cooperate in the defense. It is
expressly agreed that the city shall have the right to approve, which approval
shall not be unreasonably withheld, the legal counsel providing the city's
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defense, and the property owner and/or permittee (as applicable) shall reimburse
the city for any costs and expenses directly and necessarily incurred by the city
in the course of the defense.
20. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts
to adjacent properties and/or uses that may arise from the construction,
operation, maintenance, modification and removal of the facility. Radio frequency
emissions, to the extent that they comply with all applicable FCC regulations, are
not considered to be adverse impacts to adjacent properties.
21.The site and the facility, including but not limited to all landscaping, fencing and
related transmission accessory equipment, must be maintained in a neat and
clean manner and in accordance with all approved plans and conditions of
approval.
22.Permittee shall remove any graffiti on the wireless telecommunications facility at
permittee's sole expense subject to the provisions of Chapter 9.28 of the RPVMC
(Graffiti Prevention and Removal).
Project Specific Conditions:
23.This approval the continued operation of the Verizon wireless telecommunication
facility on the roof Building A of the Canterbury Retirement Community including
the following improvements:
a. Remove three existing panel antennas;
b. Install three new C-Band antennas on an existing roof mounted frame
(located behind existing screening); and
The following improvements to the ground-mounted accessory equipment area
adjacent to Building B:
c. Upgrade the existing D/C power plan within existing cabinet;
d. Install one new Hypriflex cable at existing cable run (3 total Hyberiflex);
and
e. Removal of one existing equipment cabinet.
24.The related equipment shall be installed only within the leased area and shall not
exceed the existing parapet height.
25.All mechanical equipment shall be housed in enclosures designed to attenuate
noise to a level of 65dBA at the project site's property lines.
26.This approval shall be valid for a period of 10 years from the date of the City's
final action. or until September 25, 2034. The applicant and/or its successor(s)
interest may request an extension of this approval, in writing and accompanied
a
by the applicable fee, so long as such extension request is filed with the City on
or before the date of expiration.
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