PC RES 2018-010 P.C. RESOLUTION NO. 2018-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING,WITH CONDITIONS,
MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT
ASG NO. 44 TO ALLOW THE INSTALLATION OF ANTENNAS
ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN
DIAMETER TO A REPLACEMENT STREETLIGHT POLE NOT TO
EXCEED 30' IN TOTAL HEIGHT AS MEASURED TO THE TOP OF
THE CANISTER WITH RELATED VAULTED MECHANICAL
EQUIPMENT AT ALTERNATIVE SITE "G" ADJACENT TO THE
ADJACENT OF MT. OLIVE LUTHERAN CHURCH PARKING LOT
ON THE NORTH SIDE OF ARMAGA SPRING 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 (the "Project") including
ASG No. 44 originally located adjacent to 28633 Meadowmist Drive;
WHEREAS, the original Project called for the replacement of the existing 25'-9"tall
concrete streetlight pole with a 25'-9" tall streetlight pole with mast arm and luminaire to
accommodate the installation of two 21.4" side-mounted panel antennas that would be
affixed and flush to the side of the streetlight pole with accessory equipment in the PROW;
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;
WHEREAS, on October 10, 2017, the Planning Commission, after considering
public testimony and evidence submitted into the record, continued the public hearing to
November 14, 2017 to allow the issuance of a new public hearing notice for an alternative
location approximately 110' east of Meadowmist Drive on the north side of Armaga Spring
Road that also involved a replacement streetlight pole;
WHEREAS, on October 12, 2017, the Applicant submitted a tolling agreement
extending the shot clock to November 21, 2017 to accommodate the public hearing
continuance;
WHEREAS, on November 6, 2017, the Applicant agreed to toll the shot clock to
January 31, 2018 to allow additional time to review the alternate location as it relates to
P.C. Resolution No. 2018-10
Page 1 of 21
the overall performance of the network when considering other proposed sites within the
immediate coverage area;
WHEREAS, on November 14, 2017, at the request of the Applicant, the Planning
Commission continued the public hearing to January 23, 2018;
WHEREAS, On January 23, 2018, the Planning Commission conducted a public
hearing and after receiving public testimony and evidence introduced in the record,
continued the hearing to date uncertain in order to allow the Applicant the opportunity to
explore locating the wireless facility on to an existing streetlight pole adjacent to the Mt.
Olive Lutheran Church in front of Mt. Olive Lutheran Church or on the south side of
Armaga Spring Road, across from the church near the entrance to Wallace Ranch
neighborhood;
WHEREAS, on January 25, 2018, the Applicant submitted a written agreement
tolling the shot clock to March 30, 2018;
WHEREAS, on February 26, 2018, a public notice was published in the Daily
Breeze and mailed to property owners within a 500' radius of the proposed site and
alternative sites announcing that a public hearing on the proposed wireless facility is
scheduled to occur on Tuesday, March 13, 2018. Similarly, on March 1, 2018, a public
notice was also published in the Palos Verdes Peninsula News inviting public comments
on the proposed facility;
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 March 13, 2018, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is a request to:
A. Install a WTF in front of Mt. Olive Lutheran Church on the north side of Armaga
Spring Road approximately 570 feet east of the Meadowmist Drive intersection.
B. Decommission and remove an existing 26' tall streetlight pole with a mast arm and
luminaire to be replaced with a 30' tall streetlight pole, as measured to the top of
P.C. Resolution No. 2018-10
Page 2of21
the canister, with antennas encased in canister measuring 2' tall and 14.6" in
diameter.
C. Install vaulted mechanical equipment in the PROW.
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
December 22, 2017 property owners within 500 feet of the proposed facility were
notified of the WTF mock-up which occurred at least 30 days in advance of the
public hearing. Further, on February 26, 2018, a new public notice announcing the
March 13, 2018 public hearing was provided to property owners within 500 feet of
the proposed WTF and published in the Daily Breeze. A similar public notice was
published in the Peninsula News on March 1, 2018. Additionally, on January 25,
2018, the Applicant provided the City with a Shot Clock Tolling Agreement
establishing a new Shot Clock Expiration date of March 30, 2018. Accordingly, all
notice requirements have been met
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.
As conditioned, the Project employs screening and a camouflage design with the
use of a canister shroud measuring 2' tall and 14.6" in diameter to replacement
streetlight pole that will not exceed a total height of 30' as measured from grade to
the top of the canister. The replacement streetlight pole will be slightly higher than
the existing pole, but will not create a visual impact. All cabling will be obscured by
the use of clips or the like. The light standard will match the decommissioned light
standard and those in the immediate area. All of the related mechanical equipment
will be undergrounded in three vaults measuring a total of 43 square feet. The
Project will not have any significant view impairment to surrounding properties
pursuant to Chapter 17.02.040 of the RPVMC. In terms of cumulative visual or view
impacts, a significant view impairment will not occur if other streetlight poles in this
location of the City were replaced to accommodate a similar WTF.
P.C. Resolution No. 2018-10
Page 3 of 21
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 antennas will be encased in a canister shroud to a replacement streetlight pole
that matches other streetlight poles in the area, and the replacement streetlight pole
will utilize similar color, size, proportion, style, and quality to other street poles in the
area. The canister will be painted to match the light pole with a concrete color. All
cables and wires will be routed directly into the pole with no loops or exposed cables,
with all cables clipped-up at the antenna-meeting point and contained within the
canister. For this location, the canister installed to the top of a replacement streetlight
pole is an appropriate technique that disguises and blends the facility into the
environment. Although the replacement pole will be 4' taller, as measured to the top
of the canister, compared to the existing streetlight pole, the site is preferred as it is
less intrusive for the neighborhood compared to locating it on shorter poles that are
in close proximity to residences.
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.
Based on a view assessment of the neighborhood, the replacement streetlight pole
at a total height of 30' with antennas encased in a canister shroud, would not impair
private or public views from the surrounding viewing areas as defined in Rancho
Palos Verdes Development Code Section 17.02.040 (View Preservation and
Restoration Code). City defined viewing areas such as living rooms, family rooms,
dining rooms and outside rear patios are typically located on the ground floor areas
of a residence. In terms of cumulative visual or view impacts, a significant view
impairment will not occur if other streetlight poles in this location of the City were
replaced to accommodate a similar WTF
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 proposed Project involves a replacement streetlight pole with the installation of
antennas encased in a canister shroud that will be mounted to the top of a
replacement streetlight pole that will not be above the drivable area of the road.
Additionally, the related mechanical equipment will be vaulted underground to avoid
traffic safety impacts.
P.C. Resolution No. 2018-10
Page 4 of 21
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and
non-reflective materials that blend with the materials and colors of the surrounding
area and structures.
The proposed replacement streetlight pole will consist of a color and material that is
subdued and non-reflective similar to existing streetlight poles in the immediate area.
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 includes the installation of antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter to the top of a replacement streetlight pole
that will not exceed a maximum height of 30' as measured to the top of the canister
with mechanical equipment that will be vaulted within the street. The canister would
be visible, but it would screen the antennas and cables from view. In regards to
collocation, in order to accommodate additional antennas, the height of the
streetlight pole would have to be increased by approximately 5' to accommodate
collocation because of the size of the panel antennas combined with there being a
need to provide a separation of at least 1' between antenna panels for functionality
purposes. The design does not preclude the possibility of collocation by the same
or other operators or carriers but it may not always minimize visual impact.
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.
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).)
The project meets this finding because it involves a replacement streetlight pole
with mounted antennas in a canister within the right-of-way. No new pole is
proposed that does not replace the existing pole.
P.C. Resolution No. 2018-10
Page 5of21
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 replacement pole will measure 30' in height which is slightly taller than the
existing streetlight pole in order to accommodate the canister and provide adequate
coverage. No portion of the antenna or equipment is less than 16W above the
drivable road surface.
12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The proposed replacement streetlight pole will match the appearance, in terms of
color, size and dimensions of the existing pole and all other streetlight poles in the
immediate area. The replacement pole will be approximately 4' taller than the
existing pole and other poles on the street, but will continue to resemble the existing
pole in terms of size, color, height and materials.
12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
There will not be pole mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted underground.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or
hidden to the fullest extent feasible.
All cables and wires are required to be short, encased in the shroud and directly
routed to the pole in order to be hidden from view with no loops, exposed cables,
splitters or unsightly wires.
12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
The replacement streetlight pole is similar in dimension to the existing streetlight pole
even though it's slightly taller. The placement of the antennas in a canister on top of
the pole will occupy limited air space above the right-of-way. The supporting
mechanical equipment will be undergrounded and the vault necessary to house the
equipment measures approximately 43 square feet of total surface area. This space
P.C. Resolution No. 2018-10
Page 6 of 21
is the least amount of space that is technically feasible for 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 and as confirmed by the City,
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 design, height and size of the proposed installation, including the
undergrounding of the mechanical equipment, will not cause an obstruction to the
public's use of the PROW, constitute a safety hazard and/or does not interfere with
the City-defined intersection visibility triangle. The proposed replacement streetlight
pole provides the same lighting, and setback parameters applicable to other
streetlight poles. The mechanical equipment will be vaulted under the existing
parkway, and conditions are proposed to ensure the vents do not physically obstruct
the safe use of the parkway.
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 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 as determined by the Public Works Department. 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)(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. The
related mechanical equipment will be undergrounded.
P.C. Resolution No. 2018-10
Page 7of21
12.18.080(A)(12): Accessory Equipment. Accessory Equipment. Not including the
electric meter, all accessory equipment shall be located underground, except as
provided below.
The related accessory equipment, including the meter, will be located underground
in a vault.
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 proposed vents will be located within the parkway. Conditions have been added
requiring the installation of landscaping around the perimeter of the vaulted vents.
In addition, the vault cover will be conditioned to be painted green.
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 does not include any such lighting other than the luminary on the light
pole.
C. If applicable, the applicant has demonstrated its inability to locate on existing
infrastructure.
Not applicable as the proposed WTF antennas are proposed to be installed on a
replacement street light pole that's currently an existing infrastructure.
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.
P.C. Resolution No. 2018-10
Page 8of21
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 design, which includes the installation of antennas encased in a canister shroud
that would be affixed to the top of the pole at Alternative Site "G" in front of the Mt.
Olive Lutheran Church is the least intrusive means of the alternatives considered.
There is various technology that is possible to use but would require a greater
number of facilities throughout the community to provide equal coverage and
capacity, including the introduction of new pole structures where there are no
streetlights or utility poles and may require associated accessory equipment at every
location. The supporting mechanical equipment would be vaulted 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.
Section 3: Because the Project's location is within a residential zone and within
the PROW of local streets as identified in the General Plan, approval of a WTFP also
requires an exception under Section 12.18.190 of the Municipal Code. The Project meets
the findings for an exception as required by Section 12.18.190(B) of the Municipal Code:
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii).
The WTF meets the definition of"personal wireless services facility" as defined
by the United States Code.
2. The applicant has provided the city with a clearly defined technical service
objective and a clearly defined potential site search area.
The "technical service objective" identified by the Applicant in all application
documents is the coverage of a "significant gap" in service, and based on the
terrain profile characteristics and the field measurement data provided by the
P.C. Resolution No. 2018-10
Page 9 of 21
Applicant, Alternative Site "G" location will address coverage deficiencies within
the target area. Furthermore, according to the City's consultant, the Applicant
has provided engineering details related to the wireless bands that would 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. Information provided about existing and proposed
coverage in the service area for each of the three AT&T licensed wireless bands
(700 MHz, PCS and AWS) are less clearly defined; this is due to the terrain
associated with the surrounding landscape.
The consultant concluded that signal levels are lower than the levels industry
guidelines suggest to support modern 3G/4G customer needs. Notably, if
constructed, recommended alternative site ASG No. 44G will provide ample
signal intensity to support AT&T's 3G/4G wireless services in the target area.
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 and feasible
similar antennas at the following locations including the Primary location:
• Alternative No. A - Replacement of an existing street light pole approximately
150' west of the primary location on the north side of Armaga Spring Road.
• Alternative No. C - Replacement of an existing street light pole 120' west of
the Primary location at the northwest side of Meadowmist and Armaga Spring
Road intersection.
• Alternative No. D — New pole on the south side of Armaga Spring Road
approximately 135' west of the Primary location.
• Alternative No. B — Replacement of an existing street light pole on the west
side of Meadowmist Drive approximately 100' north of the Meadowmist and
Armaga Spring Road intersection (original proposed location).
• Alternative No. F — Replacement of an existing street light pole on the north
side of Armaga Spring Drive approximately 300' east of the primary location.
• Alternative No. G — Replacement of an existing street light pole on the north
side of Armaga Spring Road adjacent to Mt. Olive Lutheran Church.
• Alternative No. H — New pole within the landscaped area on the south side of
Armaga Spring Road near the entrance to Wallace Ranch neighborhood
• Alternative No. I — Replacement of an existing streetlight pole near the
intersection of Scotmist Drive and Meadowmist Drive.
• Primary Location No. E — Replacement of an existing streetlight pole
approximately 110' east of the centerline of Meadowmist Drive.
P.C. Resolution No. 2018-10
Page 10 of 21
All Alternatives meet the Applicant's coverage objective except for alternative
site I, however, the subject project location Alternative Site "G" is found to be
the least intrusive location for the wireless telecommunications facility in the
immediate area because it is not directly in front of residences and removed
from a densely developed neighborhood street.
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 alternative site analysis submitted by the Applicant demonstrates that the
Alternative Site "G" is the least intrusive location for the wireless
telecommunications facility in the immediate area because it is not directly in
front of residences and removed from a densely developed neighborhood
street. The proposed WTF installation will be installed on a replacement
streetlight pole that will match other streetlight poles in the immediate area.
The proposed 30' tall replacement streetlight pole, as measured to the top of
the canister, will comply with the maximum height limitations of Chapter 12.18
as the height will not exceed 4' from the height of the existing streetlight pole.
The proposed location will meet the Applicant's service objective. The limited
commercially zoned areas and limited number of collector or arterial streets
require the use of local residential streets in order to provide proper coverage
and capacity to various portions of the City. Thus, there are no commercial
zones within the signal reach of the identified gap.
Section 4: Conditions regarding any of the requirements listed above which the
Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed in the attached Exhibit A.
Section 5: The Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small scale
installation of new 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, March 28, 2018. 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, March 28, 2018.
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
P.C. Resolution No. 2018-10
Page 11 of 21
Commission of the City of Rancho Palos Verdes hereby conditionally approves, a WTFP
application and an exception for the proposed installation in front of Mt. Olive Lutheran
Church on the north side of Armaga Spring Road (ASG NO. 44).
PASSED, APPROVED AND ADOPTED this 13th day of March 2018, by the following
vote:
AYES: COMMISSIONERS LEON, NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER TOMBLIN
William J. Ja es
Chairman
Ara anian, Al P
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2018-10
Page 12 of 21
EXHIBIT "A"
CONDITIONS OF APPROVAL
MWTF ASG NO. 44
IN FRONT OF MT. OLIVE LUTHERAN CHURCH
ON THE NORTH SIDE OF ARMAGA SPRING ROAD
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the street
light pole, the applicant and the property owner shall submit to the City a statement,
in writing, that they have read, understand, and agree to all conditions of approval
contained in this Resolution. Failure to provide said written statement within ninety
(90) days following the date of this approval shall render this approval null and
void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Prior to conducting any work in the public right of way (PROW), such as for curb
cuts, dumpsters, temporary improvements and/or permanent improvements, the
applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as would
strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the project shall require approval of a revision by the final
body that approved the original project, which may require new and separate
environmental review.
P.C. Resolution No. 2018-10
Page 13 of 21
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the RPVMC.
7. If the applicant has not obtained approvals from Public Works for the approved
projector not commenced the approved project within one year of the final effective
date of this Resolution, approval of the project shall expire and be of no further
effect unless, prior to expiration, a written request for extension is filed with the
Public Works Department and approved by the Director.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM,to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of
the Rancho Palos Verdes Development Code. During demolition, construction
and/or grading operations, trucks shall not park, queue and/or idle at the project
site or in the adjoining street rights-of-way before 7AM Monday through Friday and
before 9AM on Saturday, in accordance with the permitted hours of construction
stated in this condition. When feasible to do so, the construction contractor shall
provide staging areas on-site to minimize off-site transportation of heavy
construction equipment. These areas shall be located to maximize the distance
between staging activities and neighboring properties, subject to approval by the
building official.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12. Prior to commencement work, the Applicant shall obtain approval of a haul route
from the Director of Public Works.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Inspector. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed
on a weekly basis by the contractor or property owner.
P.C. Resolution No. 2018-10
Page 14 of 21
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.
Project-specific Conditions:
15. This approval allows for the following:
A. Install a Wireless Telecommunication Facility WTF in front of Mt. Olive
Lutheran Church on the north side of Armaga Spring Road approximately
570' east of the Meadowmist Drive intersection
B. Decommission and remove an existing 26' tall streetlight pole with a mast
arm and luminaire to be replaced with a 30'tall streetlight pole, as measured
to the top of the canister, with antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter to the top of the pole.
C. The installation of three separate vaults to house the required accessory
equipment in the PROW, including vents and meter boxes that shall be flush
to the ground and that shall not exceed 43 square feet in total surface area.
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 proposed WTF shall be installed on a new light standard that matches
the other light standards in the area in terms of color, size, proportion, style,
and quality. The antenna panels and any related exposed structures shall
be professionally painted and maintained to match the light pole.
o The Applicant shall install landscaping in the parkway near the proposed
installation to screen the equipment 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 light standard and other lights standards in the nearby
area.
o The replacement streetlight pole shall match the appearance and
dimensions of the existing streetlight pole and all other light standards near
the location.
o All cables and wires shall be directly routed to the pole and encased within
the pole, and hidden from view. No loops, exposed cables, splitters or
unsightly wires shall be permitted.
P.C. Resolution No. 2018-10
Page 15 of 21
o All ground-mounted facilities 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 vault cover shall be painted green to match the ground covering in the
parkway.
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 standard street-light
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.
P.C. Resolution No. 2018-10
Page 16 of 21
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:
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;
P.C. Resolution No. 2018-10
Page 17 of 21
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 (i.e. vents) to screen the equipment consistent with
existing landscaping prior to final inspection and shall paint the vault cover green.
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.
P.C. Resolution No. 2018-10
Page 18 of 21
27. Unless California Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless pursuant
to another provision of the RPVMC or these Conditions of Approval, it lapses
sooner or is revoked. At the end of ten years from the date of issuance, such permit
shall automatically expire.
28. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the city's current Code requirements for
WTF's.
29. A WTF is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days unless the permittee has obtained prior written approval from the
director which shall not be unreasonably denied. If there are two or more users of
a single facility, then this provision shall not become effective until all users cease
using the facility.
30. The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites)
within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the director of any
discontinuation of operations of 30 days or more.
31. Failure to inform the director of cessation or discontinuation of operations of any
existing facility as required by this section shall constitute a violation of any
approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
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
P.C. Resolution No. 2018-10
Page 19 of 21
discretion of the city. Removal shall be in accordance with proper health and safety
requirements and all ordinances, rules, and regulations of the City. The facility shall
be removed from the property, at no cost or expense to the City.
33. Failure of the permittee, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of these
conditions of approval. Upon a showing of good cause, an extension may be
granted by the Public Works Director where circumstances are beyond the control
of the permittee after expiration. Further failure to abide by the timeline provided in
this section shall be grounds for:
a. Prosecution;
b. Acting on any security instrument required by the RPVMC or conditions of
approval of permit;
c. Removal of the facilities by the city in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's expense; and/or
d. Any other remedies permitted by law.
34. In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately without
advance notice or a hearing. Written notice of the removal shall include the basis
for the removal and shall be served upon the permittee and person who 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
P.C. Resolution No. 2018-10
Page 20 of 21
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. 2018-10
Page 21 of 21