Tchejeyan v. Los Angeles SMSA Limited Partnership CA2/6

Filed 11/28/23 Tchejeyan v. Los Angeles SMSA Limited Partnership CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

GREGORY TCHEJEYAN, 2d Civil No. B329264 (Super. Ct. No. 56-2022- Plaintiff and Appellant, 00570848-CU-MC-VTA) (Ventura County) v.

LOS ANGELES SMSA LIMITED PARTNERSHIP et al.,

Defendants and Respondents.

Gregory Tchejeyan appeals the judgment after the trial court sustained the respondents’ demurrer to the first amended complaint without leave to amend. We affirm. FACTUAL AND PROCEDURAL HISTORY Special use permit approval In August 2019, the Planning Commission of the City of Thousand Oaks (Planning Commission) approved Los Angeles SMSA Limited Partnership dba Verizon Wireless (Verizon)’s

special use permit to install a wireless telecommunications facility on property owned by the California Water Service Company. Tchejeyan appealed the Planning Commission’s decision to the City Council of the City of Thousand Oaks (the City Council). In January 2020, the City Council denied the appeal and adopted Resolution 2020-002 (the Resolution), which approved Verizon’s special use permit allowing the installation of the facility. The Resolution included several conditions for approval of the special use permit. As relevant here, condition 7 requires that fencing be “installed at a distance from the face of the antennas as determined by Condition No. 8d” to comply with FCC guidelines. Condition 7 further states that “[p]rior to the issuance of a building permit, the applicant shall provide details on the . . . fencing subject to review and approval by the Community Development Department.” Condition 8 pertains to facility emissions testing1 to “determine the exact location of the safety fencing/barriers for each antenna sector.” Condition 8d requires the permittee, based on the results of the testing, to “place and thereafter maintain permanent fencing . . . to exclude all members of the General Population from entering any portion of the property surrounding the project site that exceeds” the radiofrequency exposure guidelines set forth by the FCC. Condition 21 addresses modifications to the facility. It states: “Any expansion or modification of the facility shall unless otherwise preempted by Federal or State regulation, . . . require the filing of the