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PC RES 2018-016 P. C. RESOLUTION NO. 2018-16 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. 33 TO ALLOW THE INSTALLATION OF AN ANTENNA ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER MOUNTED ON REPLACEMENT STREETLIGHT POLE NOT TO EXCEED 36' IN TOTAL HEIGHT WITH RELATED VAULTED MECHANICAL EQUIPMENT AT THE SOUTHWEST INTERSECTION OF HAWTHORNE BOULEVARD AND LOS VERDES DRIVE WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or Municipal Code) governs the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities ("WTFs") in the city's public right-of-way ("PROW") (RPVMC § 12.18.010); WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to the City for an Wireless Telecommunications Facility Permit ("WTFP"), pursuant to Section 12.18.040(A) of the Municipal Code, to install 26 antennas in the public right-of- way (PROW) to service AT&T customers throughout the City including ASG No. 33 ("Project") across from property located at 6480 Chartres Drive in the midst of a residential neighborhood; WHEREAS, the Project called for the installation of two 21.4"panel antennas on a new 14' tall steel pole in a neighborhood with no utility poles; WHEREAS, on July 25, 2017, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence; WHEREAS, on July 25, 2017, the Planning Commission continued the public hearing to August 8, 2017; WHEREAS, on August 8, 2017, the Planning Commission continued the public hearing to August 22, 2017; WHEREAS, an alternative proposal called for a replacement 14' tall stop sign pole measuring 12" in diameter with a 3.5' tall and 2' diameter canister encasing the antennas at the top of the pole located at the intersection of Chartres Drive and Cartier Drive; Resolution No. 2018-16 Page 1 of 21 WHEREAS, because the Project's location was within a residential zone and within the PROW of local streets as identified in the General Plan, approval of a WTFP also required an exception under Section 12.18.190 of the Municipal Code; WHEREAS, the Project was found to be exempt from review under the California Environmental Quality Act ("CEQA") because the Project constituted a small scale installation of new a new facility (14 CCR § 15303(d)); WHEREAS, on August 22, 2017 after considering testimony and evidence presented at the public hearings, the information and findings included in the Staff Reports, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes moved to deny, without prejudice, ASG No. 33, on a vote of 4-0 (Commissioners Leon and Tomblin, and Vice Chairman James were absent); WHEREAS, on September 14, 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' 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 also published in the Palos Verdes 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. At this meeting, the City Council voted to refer the Project back to the Planning Commission for reconsideration while maintaining jurisdiction over the appeal in order to allow the Planning Commission the opportunity to weigh in on the revised design options presented to the City Council, and directed the Appellant to explore locating the facility along Hawthorne Boulevard near one of the three entrances to the Monaco neighborhood and to present the results of the analysis to the Planning Commission; WHEREAS, on January 11, 2018, a public notice was mailed to property owners within a 500' radius of the subject site and published in the Palos Verdes Peninsula News, pursuant to the requirements of the Rancho Palos Verdes Municipal Code; and a notification was sent to list-serve subscribers, announcing the January 30, 2018 Planning Commission meeting; WHEREAS, on January 30, 2018, the Planning Commission conducted a public hearing on the revised design options and the latest RF analysis that was updated based on the Council's direction to consider locating the facility along Hawthorne Boulevard near the three entrances to the Monaco neighborhood. After considering the information P.C. Resolution No. 2018-16 Page 2 of 21 presented, the Planning Commission directed the Applicant to explore splitting the proposed wireless facility into two separate wireless facilities within the neighborhood rather than the one wireless facility proposed at the intersection of Chartres Drive and Cartier Drive, in addition to consider locating the wireless facility on Hawthorne Blvd., and continued the public hearing to March 13, 2018; WHEREAS, on February 15, 2018, the City Council, who was scheduled to consider the Commission's recommendation at this meeting, continued the matter to a date uncertain while continuing to maintain jurisdiction in order to allow the Applicant to continue exploring alternative locations for further review by the Planning Commission; WHEREAS, on March 13, 2018, the Planning Commission conducted the continued public hearing at which time Staff reported on the ongoing efforts to identify an alternative location within the Monaco Tract, and indicated that pursuant to Commission and Council direction, the Applicant had identified an existing streetlight pole at the intersection of Hawthorne Boulevard and Los Verdes Drive that meets their coverage objective. In light of this, at the Applicant's request, the public hearing was continued to a date uncertain to allow the Applicant additional time to proceed with the mock-up and public notification process for the alternative location at the intersection of Hawthorne Boulevard and Los Verdes Drive; WHEREAS, on April 19, 2018, a public notice was mailed to property owners within a 500' radius of the subject site and published in the Palos Verdes Peninsula News, announcing that a public hearing on the proposed facility is scheduled to occur on Tuesday, May 8, 2018; WHEREAS, on May 8, 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 at the southwest intersection of Hawthorne Boulevard and Los Verdes Drive, B. Decommission and remove an existing 28'-5" tall streetlight pole with a mast arm and luminaire to be replaced with a 36' tall streetlight pole, as measured to the top of the antenna canister measuring 2' tall and 14.6" in diameter, and P.C. Resolution No. 2018-16 Page 3 of 21 C. Install vaulted underground 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. On April 19, 2018, a new public notice was published in the Palos Verdes Peninsula News, and a public notice was mailed to property owners within a 500' radius of the subject site announcing the May 8, 2018 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. The Applicant notified the City 20 days prior to the expiration of the shot clock for this application, which was April 30, 2018. On April 30, 2018, the Applicant provided the City with a Shot Clock Tolling Agreement (See Attachment) establishing a new expiration date of July 30, 2018 B. The proposed facility has been designed and located in compliance with all applicable provisions of this chapter. 12.18.080(A)(1)(a): The Applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties all in a manner that achieves compatibility with the community and in compliance with Section 17.02.040 (View Preservation and Restoration) of this code. The Project employs screening and a camouflage design with the use of a canister shroud measuring 2' tall and 14.6" in diameter that will be mounted to the top of a replacement streetlight pole that is conditioned not to exceed a total height of 36' as measured from grade to the top of the canister. The wireless facility will not be placed in front of homes or adjacent to side or rear yards of residences, and will not create potential view and visual impacts. All cabling will be obscured by the use of clips or the like, and screened by the canister. 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. 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. 2018-16 Page 4 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 proposed WTF will be affixed to a replacement street light pole that matches other street light poles located along Hawthorne Blvd. in terms of color, size, proportion, style, and quality. The canister will be painted a concrete color to match the light pole. All cables and wires will be routed directly into the pole with no loops or exposed cables, and all cables will be clipped at the antenna-meeting point and contained within the canister and the shroud that connects the canister to the top of the pole. 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 nor will create a significant view impairment from the public view corridor located along Hawthorne Blvd., as identified in the City's General 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 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. No portion of the antenna will be over the drivable road and the height of the replacement streetlight pole will not distract motorists or pedestrians. Additionally, the related mechanical equipment will be vaulted underground to avoid traffic safety impacts. 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. P.C. Resolution No. 2018-16 Page 5 of 21 The proposed replacement streetlight pole will consist of a color and material that is subdued and non-reflective. Further, it will be the same as the existing streetlight pole and other streetlight poles in the general 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 36', as measured to the top of the canister, with mechanical equipment that will be vaulted within the parkway. The canister would be visible to the public, but it screens the antenna and cables from the public's view. 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 an arterial street as identified in the City's General Plan. As such, an exception is not required in this case. 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 (t) are not applicable. The proposal meets this finding because it involves a replacement streetlight pole. 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 P.C. Resolution No. 2018-16 Page 6 of 21 or equipment mounted on a pole shall be no less than 16% feet above any drivable road surface. The antennas are not proposed to be installed on an existing streetlight pole but rather on a replacement light pole. The height of the antennas will be approximately 2' above the height of the new streetlight pole. No portion of the antenna or equipment is less than 16W above the drivable road surface. 12.18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible. The proposed replacement 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 5' taller than the existing pole and other poles on the street, but will continue to resemble the existing pole in terms of size, color, 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)0): 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 conditioned to be short, encased in the canister and 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 and is approximately 5' taller than the existing pole measured to the base of the canister to accommodate the 2' tall canister and the tapered shroud. The placement of the antennas within the canister will occupy limited air space above the right-of- P.C. Resolution No. 2018-16 Page 7 of 21 way. The supporting mechanical equipment will be undergrounded within a vault necessary to house the equipment. This space is the least amount of space that is technically feasible for equipment owned by AT&T. 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 replacement streetlight pole provides the same lighting, and setback parameters applicable to other streetlight poles, 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 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. P.C. Resolution No. 2018-16 Page 8of21 The Project does not have pole-mounted equipment, excluding the antennas. The related mechanical equipment will be undergrounded. 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. 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. Conditions have been added requiring the installation of landscaping within parkway to help soften, as well as screen, the appearance of the Project. 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 luminaire on the light pole. C. If applicable, the Applicant has demonstrated its inability to locate on existing infrastructure. This finding is not applicable as the proposed WTF antenna is proposed to be installed on a replacement streetlight 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 P.C. Resolution No. 2018-16 Page 9of21 federal law, or the Applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way. The Applicant has submitted to the City a Right of Way Use Agreement (RUA) entered into with the City in 2011, which allows the Applicant to install wireless antennas in the PROW. Further, the Applicant has submitted a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission (CPUC) which provides that the Applicant has been authorized to install wireless telecommunications infrastructure in the PROW. E. The Applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible and supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not available. Ten alternative locations including the original location at Cartier Drive and Chartres Drive, were studied. Many of these locations were not viable and a few others required poles to be 65' to 85' in height. The proposed location is now on a major arterial which meets the objective of the Code to avoid local residential streets. This new location is set back from nearby residences and is the least intrusive means compared to the alternatives that are within residential neighborhoods with no existing appropriate vertical infrastructure that can accommodate the facility. There is technology that is possible to use to reduce the size of the antenna, but that would require a greater number of facilities, including the introduction of new pole structures, throughout the community to provide the Applicant's coverage and capacity objective. The supporting mechanical equipment will be vaulted meeting the objective of installing the least intrusive facility. Other locations and designs considered for purposes of filling the coverage gap claimed by the Applicant will be more intrusive than the Project because: • The location utilizes an existing or replacement pole as opposed to installing a new pole. • The location is preferred to the Applicant's original location because it is further away from houses, located on an arterial street, involves a replacement streetlight pole, and is located adjacent to tall mature trees and existing buildings. • A smaller or lower pole could be utilized, but it would require a multiplicity of wireless poles in the coverage area as claimed by the Applicant and P.C. Resolution No. 2018-16 Page 10 of 21 discussed by the City's RF Consultant, as opposed to having one AT&T WTF in this area. • Staff looked at other design options from other(non-AT&T) carriers. While some carriers offer antenna panels that may be smaller in overall size, such designs from other carriers are not engineered to carry the bandwidths owned by AT&T. Section 3: 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 Section 4: 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 5: 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 for the proposed installation at the southwest intersection of Hawthorne Boulevard and Los Verdes Drive (ASG NO. 33). P.C. Resolution No. 2018-16 Page 11 of 21 PASSED, APPROVED AND ADOPTED this 8th day of May 2018, by the following vote: AYES: COMMISSIONERS LEON, NELSON, PERESTAM, SAADATNEJADI, VICE CHAIRMAN BRADLEY, AND CHAIRMAN JAMES NOES: NONE RECUSALS: NONE ABSTENTIONS: NONE ABSENT: NONE William J. me Chairman Ara Mihranian, CP Community Development Director; and, Secretary of the Planning Commission P.C. Resolution No. 2018-16 Page 12 of 21 EXHIBIT "A" CONDITIONS OF APPROVAL WTF ASG NO. 33 HAWTHORNE BOULEVARD AT THE INTERSECTION OF LOS VERDES DRIVE 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 P.C. Resolution No. 2018-16 Page 13 of 21 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. P.C. Resolution No. 2018-16 Page 14 of 21 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 southwest intersection of Hawthorne Boulevard and Los Verdes Drive, B. Decommission and remove an existing 28'-5"tall streetlight pole with a mast arm and luminaire to be replaced with a 36'tall streetlight pole, as measured to the top of the canister, with an antenna encased in a canister measuring 2' tall and 14.6" in diameter, C. Install vaulted underground mechanical equipment in the PROW. 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 proposed WTF shall be installed on a replacement streetlight pole that shall match other light standards in the area in terms of color, size, proportion, style, and quality. The canister and canister shroud shall be professionally painted and maintained to match the streetlight pole and other streetlight poles located along Hawthorne Blvd. 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. P.C. Resolution No. 2018-16 Page 15 of 21 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 All cables and wires shall be directly routed to the pole and encased within the pole and shroud, and hidden from view. No loops, exposed cables, splitters or unsightly wires shall be permitted. 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 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 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 business, commercial, manufacturing, utility or school zone; provided, P.C. Resolution No. 2018-16 Page 16 of 21 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. 18. 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. 19 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 P.C. Resolution No. 2018-16 Page 17 of 21 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. 20 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. 21 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. 22 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. 23 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. 24 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 P.C. Resolution No. 2018-16 Page 18 of 21 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. 25 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. 26 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. 27 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. 28 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. 29 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. 30 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. 31 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 P.C. Resolution No. 2018-16 Page 19 of 21 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. 32 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. 33 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. 34 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 these Conditions of Approval; P.C. Resolution No. 2018-16 Page 20 of 21 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. 35 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. 36 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. 37 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. P.C. Resolution No. 2018-16 Page 21of21