PC RES 2018-019 P.C. RESOLUTION NO. 2018-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING AN
AMENDMENT TO COMMISSION-ADOPTED CONDITIONS OF
APPROVAL OF P.C. RESOLUTION NO. 2017-22 FOR MAJOR
WIRELESS TELECOMMUNICATIONS FACILITY ASG NO. 10 TO
ACCOMMODATE THE INSTALLATION OF TWO 23.3" TALL
TILTED PANEL ANTENNAS AFFIXED TO A 24' TALL
REPLACEMENT STREETLIGHT POLE WITH THE LUMINAIRE
MAST ARM REMAINING AT ITS EXISTING HEIGHT AND WITH
RELATED VAULTED MECHANICAL EQUIPMENT AT LOS
VERDES DRIVE WEST OF AVENIDA CLASSICA.
WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC
or Municipal Code) governs the permitting, development, siting, installation, design,
operation and maintenance of wireless telecommunications facilities ("WTFs") in the
city's public right-of-way ("PROW") (RPVMC § 12.18.010);
WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to
the City for a Wireless Telecommunications Facility Permit ("WTFP"), pursuant to
Section 12.18.040(A) of the Municipal Code, to install 26 antennas in the public right-of-
way (PROW) to service AT&T customers throughout the City (the "Project") including
ASG No. 10 located on Los Verdes Drive west of Avenida Classica;
WHEREAS, because the Project's location is within a residential zone and within
the PROW of local streets as identified in the General Plan, approval of a WTFP also
requires an exception under Section 12.18.190 of the Municipal Code;
WHEREAS, the Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small-scale
installation of new a new facility (14 CCR § 15303(d)).
WHEREAS, on July 25, 2017, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence;
WHEREAS, on July 25, 2017, the Planning Commission continued the public
hearing to August 8, 2017;
WHEREAS, on August 8, 2017, the Planning Commission continued the public
hearing to August 22, 2017;
WHEREAS, on August 22, 2017, the Planning Commission, after considering
public testimony, adopted P.C. Resolution No. 2017-22 approving Major Wireless
Telecommunication Facility ASG No. 10 to allow the removal of an existing 17' tall
streetlight pole to accommodate the installation of an antenna encased in a 2' tall
P.C. Resolution No. 2018-19
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canister mounted at the top of a 19.7' tall replacement streetlight pole with related
vaulted mechanical equipment;
WHEREAS, on August 30, 2017, the Planning Commission conducted a public
hearing to consider the proposed Wireless Telecommunications Facility ASG No. 09 in
the public right-of-way at 30452 Camino Porvenir. At this meeting, after considering
evidence introduced in the record including public testimony from the Applicant,
neighbors, Staff, and the City's RF Consultant, moved to deny, without prejudice, on a
vote of 2-2 with Commissioner Nelson and Chairman Cruikshank dissenting
(Commissioners Leon and Tomblin, and Vice Chairman James were absent);
WHEREAS, on September 14, 2017, the Applicant filed a timely appeal of the
Planning Commission's denial of Major Wireless Telecommunication Facility Permit
ASG No. 09;
WHEREAS, on November 30, 2017, the City Council held a special, duly noticed,
public hearing on the appeal filed by the Applicant, and after taking public testimony, the
City Council voted to refer the Project back to the Planning Commission for
reconsideration while maintaining its jurisdiction primarily for two reasons:
1) The Commission had not seen the revised slimmer canister design with the
three different pole options, and therefore, the Council felt it would be
appropriate to allow the Commission to review the matter again with the
updated information; and,
2) The Council directed the Applicant to re-evaluate the gap coverage analysis
to determine if ASG No. 9 is still warranted in light of the pending installation
of the Commission-approved ASG No. 10 located approximately 1,000' east
of ASG No. 09 on Los Verdes Drive.
WHEREAS, on January 30, 2018, at the request of the Applicant, the Planning
Commission continued the public hearing for ASG No. 09 to date uncertain in order to
allow the Applicant to explore collocating the proposed wireless facility on the Planning
Commission-approved Wireless Telecommunication Facility Permit ASG No. 10
streetlight pole located on Los Verdes Drive;
WHEREAS, on April 6, 2018, the Applicant, pursuant to the City Council's
direction, filed an application requesting to amend P.C. Resolution No. 2017-22 to allow
the installation of a taller streetlight pole with tilted side mounted panel antennas which
will meet the coverage objective and eliminate the need for Major Wireless
Telecommunications Facility ASG No. 09 located adjacent to 30452 Camino Porvenir
which is approximately 1,000' east of ASG No. 10;
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));
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WHEREAS, on May 24, 2018, a public notice was published in the Palos Verdes
Peninsula News announcing that a public hearing on the proposed facility is scheduled
to occur on Tuesday, June 12, 2018. Similarly, public notices were mailed to property
owners within a 500' radius of the proposed site announcing the public hearing and
inviting public comments on the proposed facility; and,
WHEREAS, on June 12, 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 on a replacement streetlight pole located on Los Verdes Drive west of
Avenida Classica,
B. Replace an existing 17' tall streetlight pole with a 24' tall streetlight pole, as
measured from grade to the top of the pole, to accommodate two side-mounted
23.3' panel antennas with the luminaire mast arm remaining at its existing height,
and
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.
Crown Castle and the City have provided all notices required by the RPVMC. On
April 12, 2018, property owners within 500' of the proposed wireless facility were
notified of the WTF mock-up which occurred at least 30 days in advance of the
public hearing. On May 24, 2018, a public notice announcing the June 12, 2018,
public hearing was provided to property owners within 500' of the proposed WTF
and published in the Palos Verdes Peninsula News. On March 29, 2018, the
Applicant provided the City with a Shot Clock Tolling Agreement (see
attachment), which tolls the Shot Clock to a date of July 27, 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
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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 23.3"
panel antennas that would be side-mounted to the 24' tall replacement streetlight
pole. The Project location is not directly in front of homes or adjacent to side or
rear yards of residences, there will not be potential view and visual impacts. The
light standard is designed to match the light standard being replaced and other
light standards in the immediate area, and the luminaire mast arm will remain at
its existing height to match other streetlight poles in the area. The nearest
structures are located approximately 30' higher in elevation than the proposed
facility and existing mature vegetation provides visual screening. The proposal
places all of the related mechanical equipment underground in a vault. To
accommodate the undergrounding of the mechanical equipment, a new 4' high by
12' retaining wall will be placed adjacent to the pole. The proposed installation will
not have any significant view impairment to surrounding properties pursuant to
Chapter 17.02.040 of the RPVMC.
12.18.080(A)(1)(b): Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage, disguise,
and/or blend into the environment, including landscaping, color, and other
techniques to minimize the facility's visual impact as well as be compatible with
the architectural character of the surrounding buildings or structures in terms of
color, size, proportion, style, and quality.
The proposed antennas will be side-mounted 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 antennas 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. Although the replacement pole
will be 7' higher, as measured to the top of the pole, when compared to the existing
streetlight poles on the street, placing the facility at this location is preferred as it
eliminates the need for another Wireless Facility (ASG No. 09) that was proposed
in the midst of a residential neighborhood. Furthermore, this site has tall mature
trees which further negate visual impacts of the facility. To accommodate the
undergrounding of the mechanical equipment, a new 4' x 12' retaining wall will be
placed adjacent to the streetlight pole that will be landscaped to screen and
soften the appearance of the wall.
12.18.080(A)(1)(c): Facilities shall be located such that views from a residential
structure are not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's general
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plan, so that no significant view impairment results in accordance with this code
including Section 17.02.040 (View Preservation and Restoration). This provision
shall be applied consistent with local, state and federal law.
The Project does not result in a significant view impairment to surrounding
residences or from Los Verdes Drive west of Avenida Classica. The streetlight pole
will remain approximately 25' below the grade of the neighboring residences and
the existing mature foliage planted on the slope will continue to screen the wireless
facility. The wireless facility is not located in a view corridor identified in the City's
General Plan or Coastal Specific Plan.
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and
non-reflective materials that blend with the materials and colors of the surrounding
area and structures.
The proposed streetlight pole and affixed panel antennas will consist of colors and
materials that are subdued, non-reflective and are the same as the other
streetlight poles in the immediate area. The retaining wall that will be constructed
to accommodate the vaulted mechanical equipment will utilize similar block
material to the existing wall, and will be landscaped to soften and camouflage its
appearance.
12.18.080(A)(5): Equipment. The applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future
collocation by the same or other operators or carriers. Unless otherwise provided
in this section, antennas shall be situated as close to the ground as possible.
The Project proposes the installation of two 23.3" tall panel antennas to the top of
the replacement streetlight pole with vaulted mechanical equipment. The design
would be visible, but it allows the elimination of another wireless facility (ASG No.
09) that was previously denied by the Planning Commission. In regards to
collocation, 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
should be noted that collocation does not always minimize visual impact, and in
most cases, would require the streetlight pole to either be increased in height that
may detract from the overall appearance.
12.18.080(A)(6)(a): Facilities shall be located consistent with Section 12.18.200
(Location Restrictions) unless an exception pursuant to Section 12.18.190
(Exceptions) is granted.
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The proposed location is within the PROW of local residential streets as identified
in the City's General Plan and the Planning Commission finds that an Exception
shall be made.
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 Project 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 or equipment mounted on a pole shall be no less than 16% feet above
any drivable road surface.
The replacement streetlight pole is taller than the existing pole. However, the
height of the tilted panel antennas will not exceed the top of the replacement
streetlight pole, which will measure 24' in height. No portion of the antenna or
equipment is less than 16'/' above the drivable road surface. The luminaire mast
arm will remain at the existing height.
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 streetlight pole and all other streetlight
poles in the immediate area. The luminaire mast arm will remain at its existing
height.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or
hidden to the fullest extent feasible.
All cables and wires will be encased within the pole, thus hidden from view.
12.18.080(A)(7): Space. Each facility shall be designed to occupy the least
amount of space in the right-of-way that is technically feasible.
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The placement of the antennas on the side of the streetlight 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 is the least amount
of space that is technically feasible for equipment owned by AT&T. Furthermore,
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 affirmed by Staff, the
proposed installation will comply 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.
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The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment will be undergrounded and the proposed retaining
wall will be required to utilize materials to match the existing wall with drought
tolerant landscaping to minimize the visual impact of the existing and new wall.
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 new retaining wall and the vault
cover.
D. The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant to state
or federal law, or the applicant has entered into a franchise agreement with
the city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right of Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of
Public Convenience and Necessity (CPCN) issued by the California Public
Utilities Commission (CPUC) which provides that the Applicant has been
authorized to install wireless telecommunications infrastructure in the PROW.
E. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis
to show that all alternative locations and designs identified in the
application review process were technically infeasible or not available.
The Applicant has demonstrated, and the City's RF Consultant has confirmed, that
the modification to ASG No. 10 to accommodate tilted panel antennas will meet the
Applicant's coverage objective for ASG No. 09, thus allowing for the withdrawal of
ASG No. 09.
Alternative locations were identified in the application review process, however,
the present design and location, is the least intrusive means of those alternatives.
There is technology that is possible to use but that would require a greater
number of facilities throughout the community to provide equal coverage and
capacity. This may require the introduction of new pole structures where there are
P.C. Resolution No. 2018-19
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no street lights or utility poles and may require associated accessory equipment at
every location. The supporting mechanical equipment, even if placed in vaults
underground, would require additional fans that may result in adverse cumulative
noise impacts negating the objective of installing the least intrusive systems.
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. This application
information was provided to the City's RF Consultant who reviewed the
information, as well as conducted both on-site walkouts of the area and a
computerized terrain study to determine if the proposed site will address a
coverage gap as identified in the application. Based on the terrain profile
characteristics and the field measurement data provided by the Applicant, the
proposal as provided will address coverage deficiencies within the target area. The
Applicant has provided engineering details related to the wireless bands that will be
used for the DAS deployment, including identifying transmitting equipment, power
levels for each band and specifics regarding the radiation patterns of the antennas
to be installed.
The Applicant has provided engineering measurement data defining gaps in AT&T
coverage in small pocketed areas. This has been independently examined by the
City's RF Consultant who determined that the signal levels are lower than industry
recommended levels to support modern 3G/4G customer needs. The engineering
design provided by Crown Castle supports that, if constructed, DAS site ASG 10
will provide ample signal intensity (signal level in excess of -95 dBm) to support
AT&T's 3G/4G wireless services. Currently, approximately half the service area is
served with legacy 3G service with inadequate capacity issues.
3. The applicant has provided the City with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s) or
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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.
Only three out of the five alternative sites (including the primary ASG No. 09),
meet the Applicant's coverage objective as confirmed by the City's RF
Consultant. The alternative site analysis submitted by the Applicant demonstrates
that the modification of ASG No. 10, as currently proposed, is likely the least
intrusive location for the wireless telecommunications facility in the immediate area
and eliminated the need for the installation of ASG No. 09. The Project is the least
intrusive location for the wireless telecommunications facility in the immediate
area because of the surrounding slopes and mature vegetation. There are no
major collector or arterial streets in the immediate area.
4. The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why the proposed location and
design is the least noncompliant location and design necessary to
reasonably achieve the applicant's reasonable technical service objectives.
The Applicant has established, and the City's RF Consultant has confirmed, that
to meet its technical service objective, the proposed installation must be installed
in a residential zone. As the City consists primarily of residential zones, it's not
always possible to avoid residential zones in order to effectively deploy an
effective wireless network in the area. Notably, the Applicant has provided a
meaningful alternative comparative analysis and the proposed Project is found to
be the preferred design by being installed on existing vertical infrastructure,
adjacent to tall mature trees and away from dense residential neighborhoods.
Section 4: Conditions regarding any of the requirements listed above which
the Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed in the attached Exhibit A.
Section 5: The Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small scale
installation of a new facility (14 CCR § 15303(d)).
Section 6: Pursuant to Section 12.18.060 of the Municipal Code (referencing
Chapter 17.80 of the Municipal Code), any interested person aggrieved by this decision
or any portion of this decision may appeal to the City Council. The appeal shall set forth
the grounds for appeal and any specific action being requested by the appellant. Any
appeal letter must be filed within fifteen (15) calendar days of the date of this decision,
or by 5:30 PM on Wednesday, June 27, 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, June 27, 2018.
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Section 7: For the foregoing reasons and based on the testimony and
evidence presented at the public hearings, information and findings included in the Staff
Report, Minutes and other records of proceedings, the Planning Commission of the City
of Rancho Palos Verdes hereby conditionally approves an amendment to the
Conditions of Approval of P.C. Resolution No, 2017-22 for the proposed installation of a
wireless facility on Los Verdes Drive west of Avenida Classica (Case No. ASG 10).
PASSED, APPROVED AND ADOPTED this 12th day of June 2018, by the following
vote:
AYES: COMMISSIONERS NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER LEON
William J. Ja s
Chairman
Ara Mi ranian,
Community Development Director; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 10
LOS VERDES DRIVE WEST OF AVENIDA CLASSICA
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the street
light pole, the Applicant and the property owner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all conditions
of approval contained in this Resolution. Failure to provide said written
statement within ninety (90) days following the date of this approval shall render
this approval null and void.
Unless appealed, within 10 calendar days of June 12, 2018, the Applicant shall
submit in writing the formal withdrawal of all applications related to ASG No. 09.
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
P.C. Resolution No. 2018-19
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substantive change to the Project shall require approval of a revision by the final
body that approved the original Project, which may require new and separate
environmental review.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the Project pursuant to the RPVMC.
7. If the Applicant has not obtained approvals from Public Works for the approved
Project or not commenced the approved Project within one year of the final
effective date of this Resolution, approval of the Project shall expire and be of no
further effect unless, prior to expiration, a written request for extension is filed
with the Public Works Department and approved by the Director.
8. In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the stricter
standard shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or
discarded furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the Project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12. Prior to commencement work, the Applicant shall obtain approval of a haul route
from the Director of Public Works.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Inspector. All construction waste and
debris resulting from a construction, alteration or repair Project shall be removed
on a weekly basis by the contractor or property owner.
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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.
15. The mock-up shall be removed within seven (7) days after all appeal periods
have been exhausted.
Project-specific Conditions:
16. This approval shall allow for the following:
A. Install a VVTF on a replacement streetlight pole located on Los Verdes Drive
west of Avenida Classica,
B. Replace an existing 17' tall streetlight pole with a 24' tall streetlight pole, as
measured from grade to the top of the pole, to accommodate two side-
mounted 23.3' panel antennas with the luminaire mast arm remaining at its
existing height, and
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:
• 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 panel antennas and any related exposed structures
shall be painted and maintained to match the light pole.
• The luminaire mast arm shall remain at its existing height.
• Applicant shall install drought tolerant landscaping surrounding the
existing retaining wall and proposed retaining wall and equipment cabinet
to screen the equipment and improvements.
• 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.
• Colors and materials shall be subdued and non-reflective, and shall be the
same as the existing light standard and other lights standards in the
nearby area.
• The replacement streetlight pole shall match the appearance and
dimensions of the existing pole and all other light standards near the
location.
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• All cables and wires shall be encased within the pole, and hidden from
view.
• All ground-mounted facilities including mechanical equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
18" from the curb and gutter flow line.
• All accessory equipment shall be located underground including meter
boxes and cabinets.
• The facility shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs. Additional
landscaping shall be planted, irrigated and maintained by Applicant where
such landscaping is feasible and deemed necessary by the City to provide
screening or to conceal the facility.
• The facility shall not bear any signs or advertising devices other than
certification, warning or other signage required by law or permitted by the
city.
• The facility shall not be illuminated except for the standard streetlight
luminaire replacing the existing street light. All other illumination shall be
restricted pursuant to RPVMC § 12.18.080(A)(15).
• Noise:
• Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00 p.m. and 7:00 a.m.
• At no time shall equipment noise from any facility exceed an
exterior noise level of 55 dBA three feet from the source of the
noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone;
provided, however, that for any such facility located within 500 feet
of any property zoned residential or improved with a residential use,
such equipment noise shall not exceed 45 dBA three feet from the
sources of the noise. The foregoing noise level limitations shall
govern facilities subject to RPVMC Chapter 12.18.080(A)(16) until
such time that a specific noise regulation ordinance is adopted and
effective in this code, at which time such noise ordinance shall
govern.
• The facility shall be designed to be resistant to, and minimize opportunities
for, unauthorized access, climbing, vandalism, graffiti and other conditions
that would result in hazardous situations, visual blight or attractive
nuisances. The Public Works Director may require the provision of
P.C. Resolution No. 2018-19
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warning signs, fencing, anti-climbing devices, or other techniques to
prevent unauthorized access and vandalism when, because of their
location and/or accessibility, a facility has the potential to become an
attractive nuisance. Additionally, no lethal devices or elements shall be
installed as a security device.
• Consistent with current state and federal laws and if permissible under the
same, at the time of modification of the facility, existing equipment shall, to
the extent feasible, be replaced with equipment that reduces visual, noise
and other impacts, including, but not limited to, undergrounding the
equipment and replacing larger, more visually intrusive facilities with
smaller, less visually intrusive facilities.
• The installation and construction of the facility shall begin within one year
after its approval or it will expire without further action by the city.
17. All wireless telecommunications facilities shall comply at all times with the
following operation and maintenance standards:
• Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the Applicant, owner, operator or any designated
maintenance agent within 48 hours:
• After discovery of the need by the Applicant, owner, operator or any
designated maintenance agent; or
• After Applicant, owner, operator or any designated maintenance agent
receives notification from the city.
18. Each Applicant 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 Applicant, 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 Applicant 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 Applicant 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
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camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e. Missing, discolored or damaged artificial foliage or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter and debris;
g. Broken and misshapen structural parts; and
h. Any damage from any cause.
22. Applicant shall install, to the satisfaction of the Public Works Director or Director
of Community Development, drought tolerant landscaping near the proposed
installation of the vaulted accessory equipment and retaining wall enclosure to
screen the equipment consistent with existing landscaping prior to final
inspection.
23. All trees, foliage or other landscaping elements approved as part of the facility
shall be maintained in good condition at all times, and the Applicant, 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 Applicant 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
P.C. Resolution No. 2018-19
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unreasonably interferes with or unreasonably impedes the flow of pedestrian or
vehicular traffic including any legally parked or stopped vehicle, the ingress into
or egress from any residence or place of business, the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street
furniture or other objects permitted at or near said location.
27. Unless California Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless
pursuant to another provision of the RPVMC or these Conditions of Approval, it
lapses sooner or is revoked. At the end of ten years from the date of issuance,
such permit shall automatically expire.
28. A Applicant 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 Applicant 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.
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32. Upon the expiration date of the permit, including any extensions, earlier
termination or revocation of the permit or abandonment of the facility, the
Applicant, owner or operator shall remove its WTF and restore the site to its
natural condition except for retaining the landscaping improvements and any
other improvements at the discretion of the city. Removal shall be in accordance
with proper health and safety requirements and all ordinances, rules, and
regulations of the City. The facility shall be removed from the property, at no cost
or expense to the City.
33. Failure of the Applicant, 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 Applicant 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 Applicant 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
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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 Applicant,
owner nor operator shall have any claim if the city destroys any such facility not
timely removed by the Applicant, owner or operator after notice, or removed by
the city due to exigent circumstances.
36. Consistent with current state and federal laws and if permissible under the same,
at the time of modification of a WTF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other
impacts, including, but not limited to, undergrounding the equipment and
replacing larger, more visually intrusive facilities with smaller, less visually
intrusive facilities.
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