PC RES 2018-005 P. C. RESOLUTION NO. 2018-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY
COUNCIL THE APPROVAL, WITH CONDITIONS, OF MAJOR
WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO.
53 TO ALLOW THE INSTALLATION OF ANTENNAS ENCASED IN
A CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER
MOUNTED ON A 4' MAST ARM EXTENDING FROM AN EXISTING
52' TALL WOOD UTILITY STREETLIGHT POLE WITH
UNDERGROUND VAULTED MECHANICAL EQUIPMENT (OPTION
NO. 1) AT THE NORTHWEST INTERSECTION OF MONTERO
DRIVE AND GRANVIA ALTAM I RA
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 ("WTF5") 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. 53
("Project") at the northwest intersection of Montero Drive and Granvia Altamira;
WHEREAS, the Project called for the installation of two panel antennas, encased
in a canister measuring 2' tall and 2' in diameter mounted on a 4' mast arm, extending
from an existing 52' tall wood utility streetlight pole, approximately 20.6' from the ground
with accessory equipment to be vaulted underground 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 September 12, 2017, after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff
Report, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes moved to deny, without prejudice, ASG No. 53, on a vote of 5-1
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55478.00001\30324931.2
with Commissioner Nelson dissenting (Commissioner Leon was absent);
WHEREAS, on September 20, 2017, a timely appeal of the denial was filed by
the Applicant for an appeal to the City Council;
WHEREAS, on November 15, 2017, a public notice of the appeal was mailed to
property owners within a 500-foot radius of the subject site and published in the Daily
Breeze, pursuant to the requirements of the Rancho Palos Verdes Municipal Code. A
courtesy public notice was published in the Peninsula News on November 23, 2017;
and a notification was sent to list-serve subscribers;
WHEREAS, on November 30, 2017, the City Council held a duly noticed public
hearing on the appeal, at which time all interested parties were given an opportunity to
be heard and present evidence;
WHEREAS, on November 30, 2017, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining its jurisdiction in
order to allow the Planning Commission the opportunity to weigh in on the design
options presented to the City Council, to reevaluate the gap coverage analysis to
determine whether the proposed facility is still warranted in light of another site, ASG
No. 05 in Palos Verdes Estates, which is now live, and to assess whether the wireless
facility can be located on an existing utility pole half a block from the subject site within
the city limits of Palos Verdes Estates;
WHEREAS, on January 11, 2018, a public notice was mailed to property owners
within a 500-foot radius of the subject site and published in the Peninsula News,
announcing that a public hearing on the proposed facility is scheduled to occur on
Tuesday, January 30, 2018.
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 at the northwest intersection of Montero Drive and Granvia
Altamira,
B. The installation of antennas encased in a canister measuring 2' tall and 14.6" in
diameter mounted on a 4' mast arm extending from an existing 52' tall wood
utility streetlight pole approximately 20.6' from the ground,
C. Install vaulted underground mechanical equipment in the PROW.
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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.
On January 11, 2018, a new public notice was published in the Peninsula News
announcing that a public hearing on the proposed facility is scheduled to occur on
Tuesday, January 30, 2018. In addition, on January 11, 2018, a public notice was
mailed to property owners within a 500' radius of the subject site announcing the
public hearing and inviting public comments on the proposed facility. The notice
mentioned that the hearing is a result of the City Council referring the application
back to the Commission for review with a new recommendation for the City
Council's consideration at a future duly noticed public hearing.
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 WTF is proposed to be installed on an existing 52' tall utility streetlight pole,
with mast arm and luminaire and two service arms that carry power lines along
with cable lines. The antennas will be encased in a 2' tall canister, measuring 14.6"
in diameter, minimizing its visual intrusion to the environment. The canister shroud
will blend into the environment that consists of utility light poles, power lines,
cable lines, mast arms and luminaries along Granvia Altamira. The canister and
mast arm will be the same color as the existing utility pole. The area also has
existing foliage that screen views of the proposed installation from residences.
The WTF will not dominate the surrounding area because of the existing vertical
infrastructure and limited size of the proposed canister. The proposal places all of
the related mechanical equipment underground in a vault.
The proposed installation will not have any significant view impairment to
surrounding properties pursuant to Chapter 17.02.040 of the RPVMC because the
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proposed WTF is not located in a view corridor identified in the City's General
Plan or Coastal Specific Plan.
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 panel antennas are proposed to be installed on an existing 52' tall utility
street light pole, with mast arm and luminaire 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 streetlight
pole is an appropriate technique that disguises and blends the facility into the
environment (blending with the replacement pole and other poles in the area).
According to the Applicant, the proposed canister is the slimmest design
available, as such, it minimizes the facility's visual impacts and is more
compatible with the surrounding environment in terms of size, proportion and
color.
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. 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)(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 within the canister shroud to an existing wood utility streetlight pole with
the bottom of the antenna canister shroud measuring approximately 20'-6" from the
ground. The related mechanical equipment will be vaulted underground avoiding
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traffic safety impacts, including avoiding any impacts to the intersection visibility
triangle at the intersection of Monero Drive and tranvia Altamira.
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 mission 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 is proposed to be installed on a mast arm attached to an existing 52'
tall utility streetlight pole, with a luminaire and two service arms that carry power
lines along with cable lines. The antennas would be mounted back-to-back and
encased in a 2' tall and 14.6" in diameter canister shroud on a 4' mast arm,
extending from the existing wood utility streetlight pole. The bottom of the
antennas/canister would measure approximately 20'-6" above the ground level
below. Locating the antennas on the mast arm will not preclude possible future
collocation by 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 City Council finds that an Exception shall be
made as detailed in Section 3 of this Resolution.
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.
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The proposed WTF will be located in the PROW and will be pole mounted to an
existing utility streetlight 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 light
pole. The antennas are proposed below the maximum height of the 52' tall utility
light pole approximately 20'-6" 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.
No portion of the antenna or equipment is less than 16/2' above the drivable road
surface and does not exceed 4' above the existing height of the 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 will be affixed to an existing wood streetlight utility pole, and the
existing pole will not be replaced.
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, would be limited to cable
connecting the node to power and fiber optic backbone, connectors, brackets, and
GPS. The pole mounted equipment, excluding antennas, would therefore not
exceed six cubic feet in dimension. Furthermore, the related mechanical
equipment will be vaulted underground.
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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.
Interior installation is infeasible as the WTF will utilize an existing wooden pole. All
cables and wires shall be installed within conduit, clipped, and, flush mounted and
painted mission 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 street light pole. The
placement of the antennas on the pole connected to a 4' arm will occupy limited
air space above the right-of-way. The mechanical equipment will be
undergrounded and the vault necessary to house the equipment measures
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.
Based on the information submitted by the Applicant, 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 Project design, height and size, including the undergrounding of the
mechanical equipment, will not cause an obstruction to the public's use of the
PROW, does not constitute a safety hazard and/or does not interfere with the
City-defined intersection visibility triangle because the bottom of the proposed
antennas will be located 20.5' above the ground level, not over the drivable
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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.
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. Furthermore, part of the plan check review
process and site inspections, Public Works staff will ensure that the Project will not
interfere with any of the stated utilities.
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.
This portion of Granvia Altamira is characterized by a line of 52' tall utility
streetlight poles strung along the west side of the road. The placement of a vault
would require the removal of one of the saplings along the west side of Granvia
Altamira. As a Condition of Approval, the Applicant must replace the tree at a
location to the satisfaction of the Director of Community Development.
Additionally, the Applicant will be required as a Condition of Approval to provide
landscaping around the vault within the parkway to minimize its visual appearance
from pedestrians and motorists.
C. If applicable, the Applicant has demonstrated its inability to locate on
existing infrastructure.
Not applicable. The antennas will be located on an existing utility light pole and
the related mechanical equipment will be undergrounded.
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.
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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.
Alternative locations were identified in the application review process. The revised
design, which includes the installation of antennas encased in a 2' tall and 14.6"
in diameter canister shroud mounted on a 4' mast arm, extending from the existing
52' tall wood utility streetlight pole with the bottom of the antennas/canister
measuring 20'-6" from the ground is the least intrusive means of those
alternatives. There are alternative antennas available but, according to the
Applicant, and as confirmed by the City's RF Consultant, 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 streetlights or utility poles and would likely require associated accessory
equipment at every location. The supporting mechanical equipment would be
vaulted underground resulting in meeting the objective of installing the least
intrusive facility.
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 for the reasons stated under Finding No.
3 of Section 12.18.190(B) of the Municipal Code, below.
An updated gap coverage analysis demonstrates the continued need to install ASG
No. 53 in order to achieve the coverage objective which was confirmed by the City's
RF Consultant.
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:
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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 in the general area
of the intersection of Monero Drive and Granvia Altamira. This application
information was provided to the City's RF Consultant who reviewed the
information, as well as conducted both on-site walkout of the area and a
computerized terrain study to determine 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.
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 RF 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. 53 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:
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• Alternative No. 1 (location B). Existing wood utility light pole with mast arm
and luminaire approximately 375-feet south of the subject site located
across Monero Drive, on the same line of utility pole street lights that are
strung along the west side of Granvia Altamira.
• Alternative No. 2 (location C). Replacement of an existing traffic stop sign
pole with a larger pole approximately 84-feet south of the subject site.
• Alternative No. 3 (location D). Diagonally across the intersection of Monero
Drive and Granvia Altamira on a replacement pole for an existing traffic
sign (stop sign) pole, approximately 140-feet east of the subject site.
The Applicant has provided comparative analysis of these locations. All the
alternative sites meet the RF coverage objective as confirmed by the City's RF
Consultant. The alternative site analysis demonstrates that the Project is likely
the least intrusive location for the wireless telecommunications facility in the
immediate area. The proposed Project, with the canister encasing the two
panel antennas at the proposed location, is the least intrusive location for the
wireless telecommunications facility in the immediate area because the other
locations are more visible from residences as they involve either higher terrain
that's more visible to from residences or replacement stop sign pole and
replacement streetlight pole both more noticeable than the utility pole which
allows the antennas/canister to blend with the existing mast arm, luminaire
and other service arms, power lines and cable lines.
4. The Applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why the proposed location and
design deviates is the least noncompliant location and design necessary
to reasonably achieve the Applicant's reasonable technical service
objectives.
The Applicant has established, and the City's RF Consultant has confirmed,
that to meet its technical service objective, the proposed installation must be
installed in a residential zone. As the City is mostly zoned residential, many of
the WTFs are likely to be located in residential zones. The Applicant has
provided a meaningful comparative alternative site analysis and the proposed
Project is found to be the preferred design by being installed on existing
vertical infrastructure, a slim canister, and undergrounding all associated
equipment.
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 included in the attached Exhibit A
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Section 5: 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)).
Section 6: 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
recommends that the City Council approve the WTFP application and an exception for
the proposed installation at the northwest intersection of Montero Drive and Granvia
Altamira (ASG NO. 53).
PASSED, APPROVED AND ADOPTED this 30th day of January 2018, by
the following vote:
AYES: COMMISSIONERS BRADLEY, NELSON, TOMBLIN, LEON, AND VICE
CHAIRMAN JAMES
NOES: COMMISSIONER EMENHISER
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Z
rc
William J. J es
dtd,/ Vice Chairman
Ar. 7 "n, Al
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2018-05
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 53
NORTHWEST INTERSECTION OF
MONERO DRIVE AND GRANVIA ALTAMIRA
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
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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.
7. If the Applicant has not obtained approvals and/or permits from the Departments
of Public Works and/or Community Development 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
Community Development Department and approved by the Director of
Community Development.
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,
if applicable, from the Director of Public Works.
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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 of the Project shall be
removed on a daily 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 (Public Works and Community Development Departments) with the
effective date of this Resolution.
15. The mock-up shall be removed within seven (7) days after all appeal periods
have been exhausted.
Project-specific Conditions:
16. This approval allows for the following:
A. Install a WTF at the northwest intersection of Monero Drive and Granvia
Altamira.
B. Install antennas encased in a canister measuring 2' tall and 14.6" in
diameter that will be mounted on a 4' mast arm, extending from an
existing 52' tall wood utility streetlight pole approximately 20.6' from the
ground level.
C. The installation of vaulted accessory mechanical equipment in the PROW,
including vents and meter boxes that shall be vaulted underground and
flush to the ground and that shall not exceed 43 square feet in total
surface area.
17. 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 painted
mission brown and maintained to match the utility light pole.
o The Applicant shall install drought tolerant landscaping near the proposed
installation to screen the equipment.
o The Applicant shall replace the tree that is to be removed to accommodate
the vaulted equipment with a tree in the same general location.
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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. All paint shall be professionally
applied.
o All cables and wires attached to the exterior of the wooden pole shall be
mounted flush and clipped in a conduit that is painted mission brown to
match the pole.
o No cable or wires shall be visible.
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.
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 existing streetlight
luminaire. 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
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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.
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:
• 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.
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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
(including removal costs) listed herein or in the RPVMC.
20. Prior to permit issuance, 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, landscaping near the proposed installation of the
vaulted accessory equipment to screen the vaulted equipment consistent with
existing landscaping prior to final inspection.
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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.
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 of Public Works, which shall not be unreasonably denied.
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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 Public Works any discontinuation of operations of 30 days or more.
31. Failure to inform the Director of Public Works 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 the RPVMC or
Conditions of Approval of the permit;
d. 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 or permitee'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;
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b. Acting on any security instrument required by the RPVMC or these
Conditions of Approval;
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 or permitee'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 or
security instrument posted and to the extent such costs exceed the amount of the
security instrument, 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 permitee, 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 any equipment installed
above ground and replacing larger, more visually intrusive facilities with smaller,
less visually intrusive facilities.
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