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PC RES 2017-022 P.C. RESOLUTION NO. 2017-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, WIRELESS TELECOMMUNICATIONS FACILITY ASG NO. 10 TO ALLOW THE INSTALLATION OF A 19.7' TALL REPLACEMENT STREET LIGHT POLE WITH MAST ARM AND LUMINAIRE TO ACCOMMODATE A 2' TALL MOUNTED ANTENNA ENCASED IN A 2' TALL CANISTER SHROUD WITH A 3' TALL TAPERED CANISTER SLEEVE AT THE TOP OF THE POLE WITH RELATED VAULTED MECHANICAL EQUIPMENT AT LOS VERDES DRIVE WEST OF AVENIDA CLASSICA WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or Municipal Code) governs the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities ("WTFs") in the city's public right-of-way ("PROW") (RPVMC § 12.18.010); WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to the City for a Wireless Telecommunications Facility Permit ("WTFP"), pursuant to Section 12.18.040(A) of the Municipal Code, to install 26 antennas in the public right-of- way (PROW) to service AT&T customers throughout the City (the "Project") including ASG No. 10 located on Los Verdes Drive west of Avenida Classica; WHEREAS, the Project calls for an existing 17-foot tall rounded fiberglass street light with a mast arm and luminaire to be decommissioned and replaced with a 17-foot tall Marbelite concrete octagonal streetlight with four-foot tall antenna encased in a canister and mounted at the top of the new pole, with accessory equipment to be vaulted in the PROW; WHEREAS, because the Project's location is within a residential zone and within the PROW of local streets as identified in the General Plan, approval of a WTFP also requires an exception under Section 12.18.190 of the Municipal Code; WHEREAS, the Project is exempt from review under the California Environmental Quality Act ("CEQA") because the Project constitutes a small-scale installation of new a new facility (14 CCR § 15303(d)). WHEREAS, on July 25, 2017, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence; WHEREAS, on July 25, 2017, the Planning Commission continued the public hearing to August 8, 2017; WHEREAS, on August 8, 2017, the Planning Commission continued the public hearing to August 22, 2017; P.C. Resolution No. 2017-22 Page 1 of 19 WHEREAS, on August 22, 2017, the Planning Commission held a duly noticed public hearing, 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 proposed project is a request to: A. Install a WTF on Los Verdes Drive west of Avenida Classica, B. Which calls for removal of an existing 17-foot tall rounded fiberglass street light with a mast arm and luminaire to be decommissioned and replaced with a 18.7- foot tall Marbelite concrete octagonal streetlight with a 2' tall canister shroud and a 3' tall tapered canister sleeve mounted at the top of the new pole, and the installation of accessory equipment to be vaulted in the PROW, resulting in a total pole height of 19.7'. Section 2: Approval of a WTFP is warranted because the Project meets the findings required by Section 12.18.090 of the Municipal Code: A. All notices required for the proposed installation have been given. Crown Castle and the City have provided all notices required by the RPVMC. On June 16, 2017 property owners within 500 feet of the proposed facility were notified of the WTF mock-up which occurred at least 30 days in advance of the public hearing. On June 22, 2017, a public notice announcing the July 25, 2017 public hearing was provided to property owners within 500 feet of the proposed WTF. B. The proposed facility has been designed and located in compliance with all applicable provisions of this chapter. 12.18.080(A)(1)(a): The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties all in a manner that achieves compatibility with the community and in compliance with Section 17.02.040 (View Preservation and Restoration) of this code. The project employs screening and a camouflage design with the use of a 2' high antenna encased in a 2' tall cylinder-shaped shroud canister measuring 2' in P.C. Resolution No. 2017-22 Page 2 of 19 diameter and a 3' tall tapered canister sleeve placed on top of the replacement street light pole that will be a total of 19.7' in height as measured from grade to the top of the canister. The vertical shroud design includes a transition piece between the canister and the pole that presents a slim side view that blends cleanly with the verticality of the light pole. The light standard is designed to match the light standard being replaced and other light standards in the immediate area. The nearest structures are located approximately 30' higher in elevation than the proposed facility and existing mature vegetation provides visual screening. The proposal places all of the related mechanical equipment underground in a vault. To accommodate the undergrounding of the mechanical equipment, the existing retaining wall will be extended by approximately 5.5' in length. The proposed installation will not have any significant view impairment to surrounding properties pursuant to Chapter 17.02.040 of the RPVMC. 12.18.080(A)(1)(b): Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. The proposed WTF will be affixed to a replacement street light pole that matches other street light poles in the area, and the replacement street light pole will utilize similar color, size, proportion, style, and quality to other street poles in the area. The antenna encased in the cylinder-shaped canister shroud will be painted to match the Marbelite light pole with a concrete color and the canister will blend into the pole with a transition piece. To accommodate the undergrounding of the mechanical equipment, the existing retaining wall will be extended by approximately 5.5' in length. The Applicant shall submit detailed plans of the retaining wall along with a landscaping plan to the Community Development Department prior to permit issuance to ensure the wall design is consistent with the existing wall and to ensure the installation of drought tolerant landscaping around the wall to screen and soften the appearance of the wall. 12.18.080(A)(1)(c): Facilities shall be located such that views from a residential structure are not significantly impaired. Facilities shall also be located in a manner that protects public views over city view corridors, as defined in the city's general plan, so that no significant view impairment results in accordance with this code including Section 17.02.040 (View Preservation and Restoration). This provision shall be applied consistent with local, state and federal law. The Project does not result in a significant view impairment to surrounding residences or from Los Verdes Drive west off Avenida Classica. This finding remains unchanged even with the additional height of the pole to accommodate the cylinder-shaped canister on top of the pole because the pole remains P.C. Resolution No. 2017-22 Page 3 of 19 approximately 30' below the grade of the neighboring residences and the existing mature foliage planted on the slope continues to screen the pole. The proposed WTF is not located in a view corridor identified in the City's General Plan or Coastal Specific Plan. 12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures. The proposed street light pole and affixed equipment will consist of colors and materials that are subdued, non-reflective and are the same as the other light poles in the immediate area. The retaining wall that will be constructed to accommodate the vaulted mechanical equipment will utilize similar block material to the existing wall, and will be landscaped to soften and camouflage its appearance. 12.18.080(A)(5): Equipment. The applicant shall use the least visible equipment possible. Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to the ground as possible. The project consists of a replacement street light pole with a 2' tall canister by a 2' in diameter cylinder shaped shrouded antenna and a 3' tall tapered canister sleeve that will house the antenna panels and wires on top of the replacement pole which would result in an overall height of 19.7'. The proposed cylinder shroud design presents a slim side view that blends cleanly with the verticality of the light pole, particularly with the transition piece between the pole and the canister, and is the least visible of the options presented. The height of the street pole may have to be increased by up to 5' to accommodate collocation because of the size of the panel antennas combined with there being a need to provide a separation of at least 1' between antenna panels for functionality purposes. Future location of additional antennas on this street light pole would detract from the overall appearance. 12.18.080(A)(6)(a): Facilities shall be located consistent with Section 12.18.200 (Location Restrictions) unless an exception pursuant to Section 12.18.190 (Exceptions) is granted. The proposed location is within the PROW of local residential streets as identified in the City's General Plan and the Planning Commission finds that an Exception shall be made. P.C. Resolution No. 2017-22 Page 4 of 19 12.18.080(A)(6)(d): Light Poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than 16% feet above any drivable road surface. The cylinder shaped antenna shroud exceeds 2' above the height of the replacement pole. No portion of the antenna or equipment is less than 16W above the drivable road surface. 12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible. The proposed replacement street light pole will match the appearance, in terms of color, height, size and dimensions of other light poles in the immediate area. 12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible. All cables and wires will be encased within the pole and the canister, thus hidden from view. 12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible. The replacement street light pole is similar in dimension to the existing street light pole. The placement of the antennas on top of the pole will occupy limited air space above the right-of-way. The accessory structure will be undergrounded and the vault necessary to house the equipment measures approximately 43 square feet in area and consists of three separate vaults. This space is the least amount of space that is technically feasible for vaulted equipment owned by AT&T. The space that will be occupied is below the surface with minimum exhaust vents that will be flush to the surrounding ground. The SCE meter box will also be vaulted. 12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility. P.C. Resolution No. 2017-22 Page 5 of 19 Based on the information submitted by the Applicant and as confirmed by the City's consultants, the Planning Commission finds that the proposed installation complies with all building codes related to wind loads. 12.18.080(A)(9): Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or safety hazards to pedestrians and motorists and in compliance with Section 17.48.070 (Intersection Visibility) so as not to obstruct the intersection visibility triangle. The proposed installation will not cause an obstruction to the public's use of the PROW, constitute a safety hazard and/or does not interfere with the City-defined intersection visibility triangle. The proposed location is not located in a sidewalk or walking area established for regular pedestrian use, and the replacement pole provides the same lighting, height and setback parameters applicable to other streetlights. 12.18.080(A)(10): Public Facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility. The proposed installation, including the undergrounding of the mechanical equipment, will not interfere with fire hydrants, fire stations, water lines or any other public health or safety facilities D. The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way. The Applicant has submitted to the City a Right of Way Use Agreement (RUA) entered into with the City in 2011, which allows the Applicant to install wireless antennas in the PROW. Further, the Applicant has submitted a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission (CPUC) which provides that the Applicant has been authorized to install wireless telecommunications infrastructure in the PROW. E. The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible and supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not available. P.C. Resolution No. 2017-22 Page 6 of 19 Alternative locations were identified in the application review process. The present design, which includes encasing the two antenna panels within a cylinder-shaped canister proposed to be placed on top of the light pole, is the least intrusive means of those alternatives. There is technology that is possible to use but that would require a greater number of facilities throughout the community to provide equal coverage and capacity. This may require the introduction of new pole structures where there are no street lights or utility poles and may require associated accessory equipment at every location. The supporting mechanical equipment, even if placed in vaults underground, would require additional fans that may result in adverse cumulative noise impacts negating the objective of installing the least intrusive systems. Other locations and designs considered as part of the application process for purposes of filling the coverage gap claimed by the Applicant and discussed by the City's RF Engineer were found to be more intrusive then the proposed project. Section 3: Because the Project's location is within a residential zone and within the PROW of local streets as identified in the General Plan, approval of a WTFP also requires an exception under Section 12.18.190 of the Municipal Code. The Project meets the findings for an exception as required by Section 12.18.190(B) of the Municipal Code: 1. The proposed wireless facility qualifies as a "personal wireless services facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii). The WTF meets the definition of "personal wireless services facility" as defined by the United States Code. 2. The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area. The "technical service objective" identified by the Applicant in all application documents is the coverage of a "significant gap" in service along Los Verdes Drive west of Avenida Classica. This application information was provided to the City's RF Engineer who reviewed the information, as well as conducted both on- site walkouts of the area and a computerized terrain study to determine if the proposed site will address a coverage gap as identified in the application. Based on the terrain profile characteristics and the field measurement data provided by Crown Castle, the proposal as provided will address coverage deficiencies within the target area. The Applicant has provided engineering details related to the wireless bands that will be used for the DAS deployment, including identifying transmitting equipment, power levels for each band and specifics regarding the radiation patterns of the antennas to be installed. P.C. Resolution No. 2017-22 Page 7 of 19 Crown Castle has provided engineering measurement data defining gaps in AT&T coverage in small pocketed areas. This has been independently examined by the City's consultant who determined that the signal levels are lower than industry recommended levels to support modern 3G/4G customer needs. The engineering design provided by Crown Castle supports that, if constructed, DAS site ASG 10 will provide ample signal intensity (signal level in excess of -95 dBm) to support AT&T's 3G/4G wireless services. 3. The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available. The Applicant has provided comparative analysis for possible similar antennas on at the following 4 locations: • A new 17' tall stand-alone pole across the street approximately 42' from the proposed location on. • A new 17' tall stand-alone pole approximately 55' northwest (uphill) of the proposed location. • Colocation on existing Sprint wireless facility located approximately 80' north of the proposed location on the same side of the street. • Replacement of an existing 17' tall street light pole approximately 125' south (downhill) from the proposed location on the same side of the street. There is an existing T-mobile pole next to the proposed pole that would have to be raised an additional 10' in height resulting in an intrusive pole that wouldn't match the heights of the existing pole in the immediate area if designed to accommodate the colocation of other antennas. Similar to the proposed location, the two antenna panels will be encased in a canister and the supporting mechanical equipment will be vaulted. A proposed 4' high retaining wall will cut into the slope to accommodate the vaulted mechanical equipment. This alternative was viewed as the best alternative because it would utilize existing infrastructure in the gap area, as opposed to adding a whole new pole. However, the Applicant does not believe this to be a viable alternative because it would not achieve their RF coverage objective The proposed project is the least intrusive location for the wireless telecommunications facility in the immediate area because of the surrounding slopes and mature vegetation. There are no major collector or arterial streets in the immediate area. P.C. Resolution No. 2017-22 Page 8 of 19 4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives. The Applicant has provided a meaningful alternative comparative analysis and the proposed project is found to be the preferred design. Section 4: Conditions regarding any of the requirements listed above which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed in the attached Exhibit A. Section 5: The Project is exempt from review under the California Environmental Quality Act ("CEQA") because the Project constitutes a small scale installation of a new facility (14 CCR § 15303(d)). Section 6: Pursuant to Section 12.18.060 of the Municipal Code (referencing Chapter 17.80 of the Municipal Code), 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, September 6, 2017. The Council-approved 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, September 6, 2017. Section 7: For the foregoing reasons and based on the testimony and evidence presented at the public hearings, 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 WTFP application for the proposed installation on Los Verdes Drive west of Avenida Classica (Case No. ASG 10). PASSED, APPROVED AND ADOPTED this 22nd day of August 2017, by the following vote: AYES: Commissioners Bradley, Emenhiser, Leon, Nelson, Vice Chair James, and Chairman Cruikshank NOES: None ABSTENTIONS: None RECUSALS: Commissioner Tomblin ABSENT: None P.C. Resolution No. 2017-22 Page 9 of 19 hn M. Cruikshank airman • Amoy Ara V i rano CP Community Development Director; and, Secretary of the Planning Commission P.C. Resolution No. 2017-22 Page 10 of 19 Exhibit "A" Conditions of Approval WTF ASG NO. 10 Los Verdes Drive West of Avenida Classica General Conditions: 1. Prior to obtaining a permit from the Public Works Department to install the street light pole, 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. 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 (PROW), 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. The Public Works Director or Director of Community Development are 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. P.C. Resolution No. 2017-22 Page 11 of 19 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 RPVMC. 7. If the applicant has not obtained approvals from Public Works for the approved project or not commenced the approved project within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Public Works Department and approved by the Director. 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. 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 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on 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. 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 7AM Monday through Friday and before 9AM 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. 11. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 12. Prior to commencement work, the Applicant shall obtain approval of a haul route from the Director of Public Works. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Inspector. 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. 14. 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. P.C. Resolution No. 2017-22 Page 12 of 19 Project-specific Conditions: 15. This approval shall allow for the following: A. Installation of a Wireless Telecommunication Facility WTF on Los Verdes Drive west of Avenida Classica B. The removal of an existing 17-foot tall rounded fiberglass street light with a mast arm and luminaire to be decommissioned and shall be replaced with a new Marbelite concrete octagonal streetlight street light pole that shall not exceed 18.7-feet in height plus a 2' tall canister and 3' tall tapered canister sleeve mounted at the top of the new pole, resulting in a total pole height of 19.7' as measured from adjacent grade to the top of the WTF canister. C. The installation of three separate vaults to house the required accessory equipment in the PROW, including vents and meter boxes that shall be flush to the ground and that shall not exceed 43 square feet in total surface area. Prior to permit issuance, the Applicant shall work with the Director of Community Development to determine if a design that is less intrusive than the one approved by this application is technically feasible, specifically if a slimmer antenna panel and shroud canister can be seamlessly integrated into the street light pole. If such a design is feasible, the Applicant shall revise the project plans to the satisfaction of the Director for permit issuance. 16. The proposed project is subject to the following Conditions to the satisfaction of the Director of Public Works and the Director of Community Development: • The proposed WTF shall be installed on a new light standard that matches the other light standards in the area in terms of color, size, proportion, style, and quality. The antenna shroud and any related exposed structures shall be painted and maintained to match the light pole. • Applicant shall install drought tolerant landscaping near the proposed installation to screen the equipment and proposed retaining wall consistent with existing landscaping. • The facility shall be designed and located in such a manner as to avoid adverse impacts on traffic safety; construction and operation of the facility shall comport with a duly-approved traffic control plan as required. P.C. Resolution No. 2017-22 Page 13 of 19 • Colors and materials shall be subdued and non-reflective, and shall be the same as the existing light standard and other lights standards in the nearby area. • The replacement pole shall match the appearance and dimensions of the existing pole and all other light standards near the location. • All cables and wires shall be encased within the pole and/or canister, and hidden from view. • All ground-mounted facilities including mechanical equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line. • All accessory equipment shall be located underground including meter boxes and cabinets. • The facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by Applicant where such landscaping is feasible and deemed necessary by the City to provide screening or to conceal the facility. • The facility shall not bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city. • The facility shall not be illuminated except for the standard street-light luminaire replacing the existing street light. All other illumination shall be restricted pursuant to RPVMC § 12.18.080(A)(15). • Noise: • Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m. • At no time shall equipment noise from any facility exceed an exterior noise level of 55 dBA three feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within 500 feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed 45 dBA three feet from the sources of the noise. The foregoing noise level limitations shall govern facilities subject to RPVMC Chapter 12.18.080(A)(16) until such time that a specific noise regulation ordinance is adopted and P.C. Resolution No. 2017-22 Page 14 of 19 effective in this code, at which time such noise ordinance shall govern. • The facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device. • Consistent with current state and federal laws and if permissible under the same, at the time of modification of the facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. • The installation and construction of the facility shall begin within one year after its approval or it will expire without further action by the city. 17. All wireless telecommunications facilities shall comply at all times with the following operation and maintenance standards: • Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within 48 hours: • After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or • After permittee, owner, operator or any designated maintenance agent receives notification from the city. 18. Each permittee of a wireless telecommunications facility shall provide the Public Works Director with the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven days of any change. 19. Prior to any construction activities, the permittee shall submit a security instrument (bond or letter of credit as approved by the City Attorney) in an amount determined by the City to be sufficient to cover all potential costs listed herein or in the RPVMC. P.C. Resolution No. 2017-22 Page 15 of 19 20. The permittee shall provide additional information to establish that the proposed accessory equipment is designed to be the smallest equipment technologically feasible. The City may consider equipment installed or proposed to be installed in other jurisdictions. 21. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of: a. General dirt and grease; b. Chipped, faded, peeling, and cracked paint; c. Rust and corrosion; d. Cracks, dents, and discoloration; e. Missing, discolored or damaged artificial foliage or other camouflage; f. Graffiti, bills, stickers, advertisements, litter and debris; g. Broken and misshapen structural parts; and h. Any damage from any cause. 22. Applicant shall install, to the satisfaction of the Public Works Director or Director of Community Development, drought tolerant landscaping near the proposed installation of the vaulted accessory equipment and retaining wall enclosure to screen the equipment consistent with existing landscaping prior to final inspection. 23. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Public Works Director or the Director of Community Development. 24. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation. P.C. Resolution No. 2017-22 Page 16 of 19 25. Each facility shall be operated and maintained to comply with all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in the RPVMC. 26. No person shall install, use or maintain any facility which in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. 27. Unless California Government Code Section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten years, unless pursuant to another provision of the RPVMC or these Conditions of Approval, it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire. 28. A permittee may apply for a new permit within 180 days prior to expiration. Said application and proposal shall comply with the city's current Code requirements for WTF's. 29. A WTF is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility. 30. The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of 30 days or more. 31. Failure to inform the director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for: a. Litigation; b. Revocation or modification of the permit; P.C. Resolution No. 2017-22 Page 17 of 19 c. Acting on any bond or other assurance required by this article or conditions of approval of the permit; d. Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense; and/or e. Any other remedies permitted by law. 32. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its WTF and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property, at no cost or expense to the City. 33. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within 90 days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of these conditions of approval. Upon a showing of good cause, an extension may be granted by the Public Works Director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this section shall be grounds for: a. Prosecution; b. Acting on any security instrument required by the RPVMC or conditions of approval of permit; c. Removal of the facilities by the city in accordance with the procedures established under the RPVMC for abatement of a public nuisance at the owner's expense; and/or d. Any other remedies permitted by law. 34. In the event the Public Works Director or City Engineer determines that the condition or placement of a WTF located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Director or City Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who P.C. Resolution No. 2017-22 Page 18 of 19 owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property. 35. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the RPVMC. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the Applicant, owner or operator after notice, or removed by the city due to exigent circumstances. 36. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a WTF, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. P.C. Resolution No. 2017-22 Page 19 of 19