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PC RESO 2025-005 P.C. RESOLUTION NO. 2025-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A CONDITIONAL WIRELESS FACILITY PERMIT TO ALLOW FOR THE CONTINUED OPERATION OF AN EXISTING AT&T SCREENED WIRELESS TELECOMMUNICATIONS FACILITY, INCLUDING APPROVAL FOR THE FACILITY TO EXCEED 16 FEET IN HEIGHT AND TO BE LOCATED WITHIN 200 FEET OF A RESIDENCE AND ANOTHER WIRELESS TELECOMMUNICATIONS FACILITY, ALONG WITH THE REPLACEMENT OF SOME EXISTING ANTENNAS AND RELATED EQUIPMENT ON THE ROOF AND FACADES OF THE OFFICE BUILDING LOCATED AT 29000 S. WESTERN AVENUE (CASE NO. CELS2025-0001). WHEREAS, on August 8, 2006, the Planning Commission adopted P.C. Resolution No. 2006-40 (Case No. ZON2005-00508) to allow Cingular (which was acquired by AT&T in December 2006) to install eight wireless panel antennas positioned behind two radio frequency screen enclosures mounted to the northern and northwestern facade of the office building and the installation of four wireless panel antennas positioned behind a radio frequency screen wall at the southeastern portion of rooftop metal screen wall, with the related support equipment to be located behind the metal parapet screen wall; and, WHEREAS, on November 22, 2011, the Planning Commission adopted P.C. Resolution No. 2011-37 (Case No. ZON2011-00042) to allow AT&T to replace twelve existing 4-foot-tall antennas with twelve new 8-foot-tall antennas in the same general location on the building façade behind modified screens and install additional equipment cabinets on the roof; and, WHEREAS, on July 8, 2014, the Planning Commission adopted P.C. Resolution No. 2014-18 (Case No. ZON2014-00163), to allow the replacement of 12 existing antennas and the installation of 27 new remote radio units (RRUs) within existing and new screening on the roof of the four-story office building with an expiration date of July 8, 2024, pursuant to Condition of Approval No. 18; and, WHEREAS, after 2012, changes to FCC law meant that minor antenna and equipment changes were processed through over-the-counter permits (Minor Site Plan Review Permits); and WHEREAS, on June 18, 2024, the City Council adopted Ordinance No. 682, which updated the City's Wireless Telecommunication Code provisions. More specifically, the updates created Chapter 17.73 (Wireless Telecommunications Facilities On Private Property) of the Rancho Palos Verdes Municipal Code (RPVMC), which included the replacement of a Conditional Use Permit (CUP) with a Conditional Wireless Facility P C. Resolution No 2025-05 Page 1 of 11 01203 0005 2022323 1 Permit (CWFP) as the appropriate application type for the permitting of certain types of wireless telecommunication facilities (WTFs); and, WHEREAS, On May 21, 2025, the Applicant, Infraservices (on behalf of AT&T (Permittee)), submitted a CWFP application for the continued operation of the VVTF on the project site, including approval for the facility to exceed 16 feet in height and to be located within 200 feet of a residence and another wireless telecommunications facility, along with the replacement of some existing antennas and related equipment on the roof and façades of the office building located at 29000 S. Western Avenue; and, WHEREAS, on May 29, 2025, Staff deemed the application complete for processing after the submittal of additional information by the Applicant; and, WHEREAS, on June 5, 2025, a public notice was published in the Peninsula News and mailed to all property owners within a 500-foot radius of the project site, providing a 15-day time-period to submit comments for the June 24, 2025 Planning Commission meeting; and, WHEREAS, on June 17, 2025, the property owner withdrew authorization of the requested application to further coordinate leasing details resulting in the cancellation of the June 24, 2025 Planning Commission meeting; and, WHEREAS, on June 25, 2025, the property owner provided authorization for the continued processing of the requested application; and, WHEREAS, on July 3, 2025, a public notice for the proposed project was published in the Peninsula News and mailed to all property owners within a 500-foot radius of 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 as the project is located on an existing building, and therefore, the proposed project has been found to be categorically exempt under Class 1 (CEQA Guidelines Section 15301) and none of the exceptions to the use of a categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to the project and the project does not present any unusual circumstances; and, WHEREAS, the Planning Commission held a public hearing on July 22, 2025, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No 2025-05 Page 2 of 11 01203 0005 2022323 1 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 development standards and regulations contained in RPVMC §17.73.210 that are related to design standards, setbacks and visual impacts. The approved replacement of three new antennas and Baseband Unit (BBU) will be placed within a preferred location within a commercial zoning designation within a commercial zoning designation. The project does not impact vehicular and/or pedestrian circulation within the existing project site and does not impede access to the site. Furthermore, there is no significant view impairment as there are no residential properties which look directly over the project site. Section 2: The new and existing antennas and accessory equipment are within the existing screened rooftop and behind existing screen enclosures on the north and west facades of the building. The equipment enclosures are designed as integral parts of the existing structure which minimize any visual and aesthetic impacts to the surrounding areas. Section 3: The AT&T WTF is approved to be located within 200 feet from a residential dwelling and another WTF, pursuant to RPVMC §17.73.070. Specifically, approving the CWFP in this location is needed for adequate wireless coverage in an area where service has existed since 2006. Placing AT&T's facility on the roof of an existing commercial building where a decommissioned Sprint site is located behind existing screening meets both technical and regulatory criteria, including minimizing public risk, aligning with preferred siting guidelines under RPVMC §17.73.210, and supporting the City's goals of maintaining aesthetics and scenic views per RPVMC §17.73.010. Section 4: The WTF has been approved to exceed the maximum height limit of 16-feet as required for the Commercial General zoning district, as locating the WTF at a height of 16 feet would not be feasible as antenna signals would be obstructed by nearby buildings, resulting in inadequate signal coverage in the area. Additionally, adding antennas and accessory equipment at the 16-foot height level would adversely impact the design of the existing building. Lastly, the WTF will be screened by the existing roof- mounted and façade-mounted screens. Section 5: 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, August 6, 2025. 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 August 6, 2025. Section 6: For the foregoing reasons, findings and determinations and based on the information and findings included in the Staff Report, Minutes and other records of P.C. Resolution No. 2025-05 Page 3 of 11 01203 0005 2022323 1 proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves a Conditional Wireless Facility Permit to allow for the continued operation of an existing AT&T screened wireless telecommunications facility, including approval for the facility to exceed 16 feet in height and to be located within 200 feet of a residence and another wireless telecommunications facility, along with the replacement of some existing antennas and related equipment on the roof and façades of the office building located at 29000 S. Western Avenue (Case No. CELS2025-0001), as conditioned in Exhibit 'A'. 1 P.C. Resolution No. 2025-05 Page 4 of 11 01203 0005 2022323 1 PASSED, APPROVED AND ADOPTED this 22nd day of July 2025, by the following vote: AYES: COMMISSIONERS CHRISTEN, GEORGE, O'CONNOR, SANTAROSA, AND CHAIR NULMAN NOES: COMMISSIONER CHURA AND VICE-CHAIR BRACH ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Eric I rn Chair L Br Pi.,tr orbs: A!CP Community Development Department; and, Secretary of the Planning Commission P C. Resolution No. 2025-05 Page 5 of 11 01203 0005 2022323 1 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. CELS2025-0001 (AT&T— 29000 S. Western Avenue) 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 (RPVMC) shall apply. 4. 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. 5. If the Applicant has not submitted an application for a building permit for the approved new antennas and accessory equipment or not commenced construction of the approved new antennas and accessory equipment as described in RPVMC §17.86.070 within one year of the final effective date of this Notice of Decision, approval of the new antennas and accessory equipment 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 Planning Commission. 6. 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 RPVMC, including but not limited to height, setback and lot coverage standards. 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 P.C. Resolution No. 2025-05 Page 6 of 11 01203 0005 2022323 1 contained in RPVMC §17.86.060 or administrative citations as described in RPVMC §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 Resolution. 10.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. 11.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. 12.All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 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. Pursuant to RPVMC §17.73.220(H)(1), 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. P C. Resolution No. 2025-05 Page 7 of 11 01203 0005 2022323 1 15.Pursuant to RPVMC §17.73.220(H)(2), 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. 16.Pursuant to RPVMC §17.73.220(H)(3), 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 Section 6409(a), any FCC rules that interpret Section 6409(a) or any eligible facility permit. 17.Pursuant to RPVMC §17.73.220(H)(4), 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. 18.Pursuant to RPVMC §17.73.220(H)(5), 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. 19.Pursuant to RPVMC §17.73.220(H)(6), the 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. 20.Pursuant to RPVMC §17.73.220(H)(7), 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, P.0 Resolution No. 2025-05 Page 8 of 11 01203 0005 2022323 1 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 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. 21.Pursuant to RPVMC §17.73.220(H)(8), the 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. 22.Pursuant to RPVMC §17.73.090, 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. 23.Pursuant to RPVMC §17.73.220(H)(8), the 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: 24.This approval is for the continued operation of the AT&T VVTF on the roof and facades of a 4-story office building and includes the following improvements: a. Allow the existing WTF with associated antennas and accessory equipment as shown in the plans approved by the Planning Commission on July 22, 2025, to remain for the continued operation of the site; b. Remove three existing antennas; c. Remove one Baseband Unit (BBU) at the existing equipment area on the P C Resolution No. 2025-05 Page 9 of 11 01203 0005 2022323 1 western part of the roof; d. Install one new 36.3-inch-tall antenna on a roof mounted frame (located behind existing screening); e. Install two new 36.3-inch-tall antennas on existing facade mounted frames (located behind existing screen enclosures on the north and west building façade); and, f. Install one new Baseband Unit (BBU) at the existing equipment area on the western part of the roof. 25.The new antennas and equipment shall be installed only within the lease areas and shall not exceed the heights of the existing roof-mounted screens and façade- mounted screen enclosures. 26.This approval does not include the use or installation of a permanent back-up generator for the antenna support equipment. Any future request for a permanent back-up generator will require the approval of a conditional use permit revision by the Planning Commission. However, the use of temporary back-up generator during emergencies or extended power outages is permitted, provided that the generator complies with the City's noise standards for WTFs detailed in RPVMC § 17.73. 27.Any exterior maintenance lights within the equipment area shall be "downcast" fixtures and shall only be illuminated if emergency nighttime maintenance work is necessary. All routine maintenance and repair work shall occur during daylight hours. All exterior lighting shall conform to the provisions of RPVMC §17.56.040. 28.The antennas shall continue to be located behind the existing roof-mounted screens, and façade-mounted screen enclosures, as shown in the plans approved by the Planning Commission on July 22, 2025. 29.The façade-mounted screen enclosures shall be maintained be consistent with the exterior texture and the color of the building wall where they are located and shall be maintained to continue to match the building wall in the future. 30.The roof-mounted antenna screens shall continue to be of the same design and color as the existing office building. 31.The existing screen enclosures shall not exceed the height of the building structure where they are mounted, and the roof-mounted framework including the supportive cabinets shall not exceed the height of the existing parapet screen wall. 32.The wires and cables to the antenna panels shall not be exposed so that they are visible to public view. P C Resolution No. 2025-05 Page 10 of 11 01203 0005 2022323 1 33.PRIOR TO SUBMITTAL OF PLANS TO THE BUILDING & SAFETY DIVISION, the permittee and/or Applicant shall obtain from the City of a RF exposure compliance report prepared and certified by a licensed RF engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. 34.Pursuant to RPVMC §17.73.080, within 30 days after installation of the new antennas and Baseband Unit (BBU), the Applicant shall deliver to the director a written report that demonstrates that the existing and new components of the WTF, as constructed and normally operating; fully complies with the conditions of the permit, including height restrictions and applicable safety codes, including structural engineering codes. The demonstration shall be provided in writing to the director containing all technical details to demonstrate such compliance and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the Applicant and reviewed by the city at the sole expense of the Applicant, which shall promptly reimburse the city for its review expenses. The director may require additional proofs of compliance as part of the application process and on an ongoing basis to the extent the city may do so consistent with federal law. 35.Pursuant to RPVMC §17.73.210(D)(1), this approval shall be valid for a period of 10 years from the date of the City's final action, or until July 22, 2035. The Applicant/Permitee 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, in accordance with the requirements of RPVMC §17.73.110. P C. Resolution No 2025-05 Page 11 of 11 01203 0005 2022323 1