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PC RES 2017-034 P.C. RESOLUTION NO. 2017-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING,WITH CONDITIONS, MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 42 TO ALLOW THE INSTALLATION OF TWO 21.4" PANEL ANTENNAS ENCASED IN A 2' TALL CANISTER SHROUD ON AN EXISTING 48' TALL WOOD UTILITY POLE WITH RELATED VAULTED MECHANICAL EQUIPMENT AT THE SOUTHEAST INTERSECTION OF CRENSHAW BOULEVARD AND VALLEY VIEW ROAD. 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 an 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 including ASG No. 42 ("Project") located at the southeast intersection of Crenshaw Boulevard and Valley View Road; WHEREAS, the original proposal called for the installation of two 22.8" panel antennas mounted on a 4' mast arm, extending from the existing 48' tall wood utility pole. The radio equipment and power meter were to be placed on the ground adjacent to the street light pole, consisting of 9.7 cubic feet of equipment boxes in the PROW; WHEREAS, the revised Project calls for the installation of two 21.4" panel antennas, encased in a 2' tall canister shroud on an existing 48' tall utility pole; WHEREAS, the Project also includes vaulted mechanical equipment including the radio and auxiliary equipment, as well as the SCE meter box in another vault within the PROW. There will be a total of three vaults measuring approximately 43 square feet; 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 Major 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)). P.C. Resolution No. 2017-34 Page 1 of 18 55478.00001\30127231.1 WHEREAS, on October 10, 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 Project is a request to: A. Install a WTF at the southeast intersection of Crenshaw Boulevard and Valley View Road, B. Install two 21.4" panel antennas encased in a 2' tall canister shroud measuring 2' in diameter that will be mounted on a 4' mast arm, extending from an existing 48' tall wood utility pole approximately 29.5' from the ground level, and C. Install vaulted mechanical equipment including the radio and auxiliary equipment, as well as the SCE meter box in another vault for a total of three vaults measuring approximately 43 square feet in surface area. 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 August 10, 2017 property owners within 500' of the proposed facility were notified of the WTF mock-up which occurred at least 30 days in advance of the public hearing. Further, on September 21, 2017, a public notice announcing the October 10, 2017 public hearing was provided to property owners within 500' of the proposed WTF and was published in the Peninsula News. 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 proposed WTF will be located on an existing 48' tall utility streetlight pole, with mast arm and two service arms that carry power lines along with cable lines. The P.C. Resolution No. 2017-34 Page 2 of 18 55478.00001\30127231.1 panel antennas will be encased in a 2' tall canister, measuring 2' in diameter, minimizing its visual intrusion to the environment. The canister shroud will blend into the environment that consist of utility light poles, power lines, cable lines, mast arms along Crenshaw Boulevard. The area also contains foliage that screen views towards poles from residences. The WTF will not dominate the surrounding area because of the existing vertical infrastructure and mature landscaping. The mechanical equipment will be vaulted including the radio and auxiliary equipment, as well as the SCE meter box in a secondary vault for a total of three vaults measuring approximately 43 square feet in surface area. The design will not have any significant view impairment to the surrounding area. This design is preferred to avoid the installation of a new pole and is visually less- intrusive compared to "side-mounted" panel antennas because the vertical shroud presents a slim side view that blends with the verticality of the utility pole. The Project is in line with the vision and policies set forth in the General Plan by minimizing the installation of new above-ground infrastructure. 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 panel antennas will be located on an existing 48' tall utility pole, with mast arm and two service arms that carry power lines along with cable lines. The canister shroud encasing the panel antennas will be painted brown to match other utility poles in the area and the existing condition and improvements on the utility pole. The cylinder shaped shroud encasing the two antenna panels and wires affixed to the utility pole is an appropriate technique that disguises and blends the facility into the environment (blending with the utility pole and other utility poles in the area). 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 Commission finds that the design will not significantly impair any public or private views. The site is not located in a view corridor identified in the City's General Plan or Coastal Specific Plan. P.C. Resolution No. 2017-34 Page 3 of 18 55478.00001\30127231.1 12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts to traffic safety. The Project is designed to avoid adverse traffic impacts by affixing the panel antennas and the canister shroud to an existing wood utility pole with the bottom of the antenna canister shroud measuring approximately 29.5' from the ground. The related mechanical equipment will be vaulted avoiding traffic safety impacts, including impacting the intersection visibility triangle at the intersection of Crenshaw Boulevard and Valley View Road. 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 canister shroud that will house the panel antennas and the associated mast arm will be painted with non-reflective brown paint that will match and blend with the existing utility street light pole. 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 will be located on an existing 48' tall utility pole, with two service arms that carry power lines along with cable lines. The two antennas will be mounted back-to-back and encased in a 2' tall canister shroud on a 4' mast arm, extending from the existing wood utility pole. The bottom of the antennas/canister will measure approximately 29.5' above the ground. Locating the antennas on the mast arm will not preclude possible future collocation by the same or other operators or carriers. 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 can be demonstrated as detailed herein. 12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of- way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole. (For exceptions see subparagraph (6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220 (State or Federal Law).) Sections 12.18.080(6)(c) through (f) are not applicable. P.C. Resolution No. 2017-34 Page 4 of 18 55478.00001\30127231.1 The proposed WTF will be located in the PROW and will be mounted on an existing utility pole. 12.18.080(A)(6)(c): Utility Poles. The maximum height of any antenna shall not exceed 48 inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. The proposed antennas will not exceed 48" above the existing height of the utility pole. The antennas are proposed below the maximum height of the 48' tall utility pole approximately 29.5' above the ground level to the bottom of the canister shroud housing the panel antennas. The proposed antenna and canister shroud will not be above the drivable road surface. 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 proposed antennas will not be mounted on a light pole. 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 Project does not propose to replace an existing pole. 12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not exceed six cubic feet in dimension. The pole mounted equipment, excluding antennas, will be limited to cable connecting the node to power and fiber optic backbone, connectors, brackets, and a GPS unit. The pole mounted equipment, excluding antennas, will not exceed six cubic feet in dimension. The related mechanical equipment will be vaulted. 12.18.080(A)(6)(h): An exception shall be required to place a new pole in the public right-of-way. If an exception is granted for placement of new poles in the right-of- way. This finding is not applicable because a new pole will not be installed. P.C. Resolution No. 2017-34 Page 5 of 18 55478.00001\30127231.1 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. For all wooden poles wherein interior installation is infeasible, conduit and cables attached to the exterior of poles shall be mounted flush thereto and painted to match the pole. Interior installation is infeasible as the WTF will utilize an existing wood utility pole. All conduit and cabling is to be flush mounted and painted brown to match the pole. 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 WTF will be mounted to an existing wood utility pole. The related underground mechanical equipment (radio units and meter) will be vaulted measuring approximately 43 square feet in area. 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. 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. The 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 Project will not cause an obstruction to the public's use of the PROW, constitute a safety hazard or interfere with a City-defined intersection visibility triangle because the bottom of the proposed antennas will be located 29.5' above the ground level, not over the drivable portion of the street, and the related mechanical equipment will be undergrounded. 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. P.C. Resolution No. 2017-34 Page 6 of 18 55478.00001\30127231.1 The Project will not interfere with any public health or safety facilities. 12.18.080(A)(11): Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line. The Project does not have pole-mounted equipment, excluding the antennas and the support mast arms. The related mechanical equipment will be vaulted. Therefore, the Project will be consistent with this finding. 12.18.080(A)(12): Accessory Equipment. Not including the electric meter, all accessory equipment, with exceptions, shall be located underground.. The related accessory equipment, including the meter, will be vaulted. 12.18.080(A)(13) Landscaping. Where appropriate, each 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 deemed necessary by the city to provide screening or to conceal the facility. The Applicant will be required as a Condition of Approval to provide landscaping to minimize its visual appearance from pedestrians and motorists. 12.18.080(A)(14) Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city. The facility does not include any signs or advertising devices other than certification, warning or other signage required by law. 12.18.080(A)(15)(a-e) Lighting. The facility will not include any illumination addressed in this Code section. C. If applicable, the applicant has demonstrated its inability to locate on existing infrastructure. Not applicable because the facility is proposed on an existing utility pole. 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 P.C. Resolution No. 2017-34 Page 7 of 18 55478.00001\30127231.1 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. The proposed Project is the least intrusive of the alternative locations considered. Other locations and designs considered as part of the application process for purposes of filling the coverage gap claimed by the Applicant 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 ROW of local streets as identified in the General Plan, approval of a Major 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 is the coverage of a "significant gap" in service in the general area of the intersection of Crenshaw Boulevard and Valley View Road. 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. Crown Castle has provided engineering measurement data defining gaps in AT&T coverage P.C. Resolution No. 2017-34 Page 8 of 18 55478.00001\30127231.1 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 No. 42 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 small cell nodes (antennas) at the following 3 alternative locations: • Alternative No. 1 (location A). Streetlight replacement. Located approximately 1650-feet east of the Primary on a streetlight at the end of Valley View Road. • Alternative No. 2 (location B). New stand-alone pole. Located within the Valley View Road ROW approximately 810-feet south of the Primary. • Alternative No. 3 (location C). Street sign replacement. Located within the Valley View Road ROW approximately 76 feet northeast of the Primary. The Applicant has provided comparative analysis of these locations. All the alternative sites meet the Applicant's stated RF coverage objective based on the Applicant's submitted documents. The alternative site analysis demonstrates that the Project is likely the least intrusive location for the wireless telecommunications facility in the immediate area because the alternative locations were either visually prominent, involving the installation of new vertical infrastructure (new pole) or replacement of a street sign (stop sign) with a wider and taller more visually prominent pole. 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 as discussed above. Section 4: Conditions regarding any of the requirements stated herein are 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 P.C. Resolution No. 2017-34 Page 9 of 18 55478.00001\30127231.1 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, October 25, 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, October 25, 2017. 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 conditionally approves, a WTFP application and an exception for the proposed installation at the southeast intersection of Crenshaw Boulevard and Valley View Road (ASG NO. 42). PASSED, APPROVED AND ADOPTED this 10th day of October 2017, by the following vote: AYES: Commissioners Bradley, Leon, Nelson, and Vice-Chairman James NOES: Commissioner Emenhiser ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Tomblin and Chairman Cruikshank W /4", William J. James Vice-Chairman Ara Mih7.1"- n, .: Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2017-34 Page 10 of 18 55478.00001\30127231.1 Exhibit"A" Conditions of Approval WTF ASG NO. 42 Southeast intersection of Crenshaw Boulevard and Valley View Road General Conditions: 1. Prior to obtaining a permit from the Public Works Department to install the WTF, 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. 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. P.C. Resolution No. 2017-34 Page 11 of 18 55478.00001\30127231.1 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, 9:00 AM to 5:00 PM 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 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. 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. 2017-34 Page 12 of 18 55478.00001\30127231.1 Project-specific Conditions: 15. This approval allows for the following: A. Install a WTF at the southeast intersection of Crenshaw Boulevard and Valley View Road, B. Install two 21.4" panel antennas encased in a 2' tall canister shroud measuring 2' in diameter that will be mounted on a 4' mast arm, extending from an existing 48' tall wood utility pole approximately 29.5' from the ground level, and C. Install vaulted mechanical equipment including the radio and auxiliary equipment, as well as the SCE meter box in a secondary vault for a total of three vaults measuring approximately 43 square feet in surface area. 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: o The antenna shroud and any related exposed structures shall be professionally painted brown and maintained to match the utility light pole. o The Applicant shall install landscaping near the proposed installation to screen the top and sides of the vault consistent with existing landscaping. o 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. o Colors and materials shall be subdued and non-reflective, and shall be the same as the existing utility streetlight pole. o All cables and wires attached to the exterior of the wooden pole shall be mounted flush in a conduit that is professionally painted to match the pole. o 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. o All accessory equipment shall be located underground including meter boxes and cabinets. o 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. P.C. Resolution No. 2017-34 Page 13 of 18 55478.00001\30127231.1 o 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. o The facility shall not be illuminated except for the standard streetlight luminaire replacing the existing street light. All other illumination shall be restricted pursuant to RPVMC § 12.18.080(A)(15). o 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 effective in this code, at which time such noise ordinance shall govern. o 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. o 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. o 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. P.C. Resolution No. 2017-34 Page 14 of 18 55478.00001\30127231.1 17. All wireless telecommunications facilities shall comply at all times with the following operation and maintenance standards: o 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: o After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or o 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. 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 P.C. Resolution No. 2017-34 Page 15 of 18 55478.00001\30127231.1 h. Any damage from any cause. 22. Applicant shall install, to the satisfaction of the Public Works Director or Director of Community Development, landscaping near the proposed installation of the vaulted accessory equipment 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. 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. P.C. Resolution No. 2017-34 Page 16 of 18 55478.00001\30127231.1 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; 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: P.C. Resolution No. 2017-34 Page 17 of 18 55478.00001\30127231.1 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 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. 2017-34 Page 18 of 18 55478.00001\30127231.1