PC RES 2019-006 P. C. RESOLUTION NO. 2019-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING WITH CONDITIONS,
MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT
NO. LA-0194 TO ALLOW THE INSTALLATION TWO 4'-7" TALL
FLUSH-MOUNTED PANEL ANTENNAS ON AN EXISTING 37'-6"
TALL WOOD UTILITY POLE WITH RELATED VAULTED
MECHANICAL EQUIPMENT ON THE LANDWARD SIDE OF PALOS
VERDES DRIVE SOUTH, 2,200 FEET NORTHWEST OF SCHOONER
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 LA-0194
("Project");
WHEREAS, the Project calls for the installation of two 4'-7" side-mounted panel
antennas on a 37'-6"' tall existing wood utility pole located 50' from the edge of Palos
Verdes Drive South;
WHEREAS, on February 7, 2019, the required mock-up notice was issued and the
mock-up was installed by February 15, 2019;
WHEREAS, on March 4, 2019, a public notice was mailed to property owners
within a 500' radius of the subject site and published in the Palos Verdes Peninsula News,
identifying the proposed location, pursuant to the requirements of the Rancho Palos
Verdes Municipal Code; and a notification was sent to list-serve subscribers, announcing
the March 26, 2019 Planning Commission meeting;
WHEREAS, on March 26, 2019, 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; and,
WHEREAS, the Project was found to be exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constituted a small scale
Resolution No. 2019-06
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installation of new a new facility (14 CCR § 15303(d)).
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 the landward side of Palos Verdes Drive South, 2,200 feet
northwest of Schooner Drive,
B. Retrofit an existing 37'-6" tall wood utility pole to accommodate the installation of
two 4'-7" tall side-mounted panel antennas on a cross-arm extending from the
utility pole, 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
February 7, 2019, property owners within 500' of the proposed facility were notified
of the mock-up which occurred at least 30 days in advance of the public hearing.
Further, on March 4, 2019, a public notice announcing the March 26, 2019, public
hearing was provided to property owners within 500' of the Project site and
published in the Peninsula News. Based on the date of the initial application
submittal of July 24, 2018 and the dates the application was deemed incomplete
and the shot clock stopped and restarted, the shot clock is due to expire on May
18, 2019. Accordingly, all notice requirements have been met.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
12.18.080(A)(1)(a): The Applicant shall employ screening, undergrounding and
camouflage design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually screened
as possible, to prevent the facility from dominating the surrounding area and to
minimize significant view impacts from surrounding properties all in a manner that
achieves compatibility with the community and in compliance with Section 17.02.040
(View Preservation and Restoration) of this code.
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The WTF is proposed to be installed on an existing 37'-6" tall wood utility pole. The
4'-7" tall panel antennas will be attached to a cross-arm extending from the wood
pole. The proposed Project will blend into the environment that consists of vertical
infrastructure consisting of utility poles with mast arms, power and cable lines, and
street and traffic signs along Palos Verdes Drive South. The antennas and cross-
arm will be the same color as the existing utility pole. The area surrounding the
utility pole has some existing foliage that minimizes the Project's appearance from
the roadway and nearby residences in the Sea View Tract which are located
approximately 80' higher in elevation than the Project location. The WTF will not
dominate the surrounding area because of the existing vertical infrastructure and
limited size of the existing utility pole and antennas. The proposal places all of the
related mechanical equipment underground in a vault.
View analysis, conducted on March 12, 2019, concluded that the proposed
installation will be visible from the Palos Verdes Drive South corridor but will not
have any significant view impairment of public views from said corridor and will not
create a view impairment from residential viewing areas 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 panel antennas are proposed to be installed on an existing 37'-6"' tall wood
utility pole that will be painted brown to match the existing and other utility poles in
the area. The slim panel antennas combined with the proposed brown color is an
appropriate technique that disguises and blends the facility into the environment.
The proposed antennas will be the slimmest design available and will minimize the
facility's visual impacts and is more compatible with the surrounding environment
in terms of size, proportion and color.
12.18.080(A)(1)(c): Facilities shall be located such that views from a residential
structure are not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's general
plan, so that no significant view impairment results in accordance with this code
including Section 17.02.040 (View Preservation and Restoration). This provision
shall be applied consistent with local, state and federal law.
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The Project does not result in any view impairment to surrounding residences nor will
it create a significant view impairment from the public view corridor located along
Palos Verdes Drive South, 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 Project is designed to avoid adverse traffic impacts by affixing the panel
antennas to an existing wood utility pole with the bottom of the antennas measuring
approximately 33'from the ground. The related mechanical equipment will be vaulted
underground avoiding 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.
The panel antennas will be painted with non-reflective mission brown paint that will
match and blend with the existing wood utility pole.
12.18.080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this section,
antennas shall be situated as close to the ground as possible.
The panel antennas will be flush-mounted to an existing 37'-6" tall wood utility pole
with the bottom of the antennas measuring approximately 33' above the ground
level below. Locating the antennas on the pole will not preclude possible future
collocation by other operators or carriers. The accessory equipment will be vaulted
and hidden from view.
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-
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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 proposed WTF will be located in the PROW and will be pole mounted to an
existing wood utility 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.
Not applicable because the existing pole is not a light pole.
12.18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The panel antennas will be affixed to an existing wood utility pole that will be
retrofitted and repaired, not replaced.
12.18.080(A)(6)(0: Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
The pole mounted equipment, excluding antennas, would be limited to cable
connecting the node to power and fiber optic backbone, connectors, brackets, and
GPS. The pole mounted equipment, excluding antennas, would therefore not
exceed six cubic feet in dimension. Furthermore, the related mechanical equipment
will be vaulted underground.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or hidden
to the fullest extent feasible.
Interior installation is infeasible as the WTF will utilize an existing wooden pole. All
cables and wires will be conditioned to be installed within conduit, clipped, and,
flush mounted and painted mission brown to match the pole.
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12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
The WTF will be mounted to an existing wood utility pole. The placement of the
antennas on the pole connected to a cross-arm will occupy limited air space above
the right-of-way. The mechanical equipment will be undergrounded and the vault
necessary to house the equipment measuring approximately 43 square feet in area.
This space is the least amount of space that is technically feasible for vaulted
equipment owned by AT&T. The space that will be occupied is below the surface
with minimum exhaust vents that will be flush to the surrounding ground.
12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to withstand
wind loads as required by this code or any duly adopted or incorporated code. An
evaluation of high wind load capacity shall include the impact of modification of an
existing facility.
Based on the information submitted by the Applicant, the Planning Commission finds
that the proposed installation complies with all building codes related to wind loads.
12.18.080(A)(9): Obstructions. Each component part of a facility shall be located so
as not to cause any physical or visual obstruction to pedestrian or vehicular traffic,
incommode the public's use of the right-of-way, or safety hazards to pedestrians and
motorists and in compliance with Section 17.48.070 (Intersection Visibility) so as not
to obstruct the intersection visibility triangle.
The Project design, height and size, including the undergrounding of the
mechanical equipment, will not cause an obstruction to the public's use of the
PROW, does not constitute a safety hazard and/or does not interfere with the City-
defined intersection visibility triangle because the bottom of the proposed antennas
will be located 33' above the ground level, not over the drivable portion of the street,
and the related mechanical equipment will be undergrounded.
12.18.080(A)(10): Public Facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure, or any other public
health or safety facility.
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
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of the Plan Check review process and site inspections, Public Works will ensure that
the Project will not interfere with any of the stated utilities.
12.18.080(A)(11): Screening. All ground-mounted facility, pole-mounted equipment,
or walls, fences, landscaping or other screening methods shall be installed at least
18 inches from the curb and gutter flow line.
The Project does not have pole-mounted equipment, excluding the antennas and
the portion of the road does not have a curb. The related mechanical equipment
will be undergrounded at least 45' from the edge of the road pavement.
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.
As the mechanical equipment will be undergrounded below the existing gravel
surface adjacent to the existing pole, no landscaping will be required for this facility
because of its close proximity to the Preserve and to minimize vegetation near or
around existing utility poles.
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.
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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 an existing wood utility pole and the related mechanical equipment
will be undergrounded.
D. The Applicant has provided sufficient evidence supporting the Applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
federal law, or the Applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
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.
Four Alternative locations were identified in the Applicant's Coverage Analysis
report for purposes of filling the coverage gap claimed by the Applicant, and two
were found to be more intrusive then the proposed Project and two were deemed
not viable because of restrictions caused by the active landslide.
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
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Commission of the City of Rancho Palos Verdes hereby approves Major Wireless
Telecommunication Facility Permit No. LA-0194, subject to conditions, allowing the
installation of a two panel antennas measuring 4'-7" in height on an existing wood utility
pole located on the landward side of Palos Verdes Drive South, 2,200 feet northwest of
Schooner Drive.
PASSED, APPROVED AND ADOPTED this 26th day of March 2019, by the
following vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI,
PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
r
David Bradley
Chairman
Ara • a , A
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-06
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF NO. LA-0194
LANDWARD SIDE OF PALOS VERDES DRIVE SOUTH
2,200' NORTHWEST OF SCHOONER 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
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approval if such modifications will achieve substantially the same results as would
strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the Project shall require approval of a revision by the final
body that approved the original Project, which may require new and separate
environmental review.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the Project pursuant to the RPVMC.
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.
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12. Prior to commencement work, the Applicant shall obtain approval of a haul route,
if applicable, 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 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 on the landward side of Palos Verdes Drive South, 2,200'
northwest of Schooner Drive,
B. Retrofit an existing 37'-6" tall wood utility pole to accommodate the installation
of two 4'-7" tall side-mounted and flush-mounted panel antennas to the utility
pole, 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:
o The antennas and related exposed structures shall be painted mission
brown and maintained to match the utility pole.
o The facility shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety; construction and operation of the facility
shall comport with a duly-approved traffic control plan as required.
o Colors and materials shall be subdued and non-reflective, and shall be the
same as the existing wood utility pole.
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o All cables and wires attached to the exterior of the wooden pole shall be
mounted flush and clipped in a conduit that is painted mission brown to
match the pole.
o No cable or wires shall be visible.
o All ground-mounted facilities including mechanical equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
18" 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 gray to match the gravel color surrounding
the wood utility pole.
o The facility shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs, unless the
trimming of existing foliage is deemed necessary for the operation of the
wireless facility. The Director of Community Development shall determine
the extent of trimming of existing foliage to maintain adequate screening of
the wireless 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.
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 3' 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' of any property zoned residential or
improved with a residential use, such equipment noise shall not
exceed 45 dBA 3' 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
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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 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.
19. 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.
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20. 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 (including removal costs)
listed herein or in the RPVMC.
21. Prior to permit issuance, 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.
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. If applicable, the 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. If applicable, 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.
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25. 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.
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. An 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.
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 Applicant 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 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.
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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
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.
34. 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 these
Conditions of Approval;
c. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
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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 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.
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 Applicant, 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.
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