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PC RES 2019-020 P.C. RESOLUTION NO. 2019-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES THEREBY AMENDING CONDITION NOS. 15(E) AND 16 OF P.C. RESOLUTION NO. 2017- 33 TO ALLOW THE PLACEMENT OF MECHANICAL EQUIPMENT ASSOCIATED WITH THE WIRELESS FACILITY IN AN ABOVE- GROUND CABINET FOR MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 43 LOCATED ACROSS 5721 C RESTRI DG E ROAD. WHEREAS, on October 10, 2017, the Planning Commission, after considering public testimony, adopted P.C. Resolution No. 2017-33, approving Major Wireless Telecommunications Facility ASG No. 43 on a vote of 5-0 (then-Commissioners Tomblin and Cruikshank were absent) to allow the installation of a wireless telecommunication facility consisting of two side-mounted 21.4" panel antennas flush-mounted to a new 14' tall steel pole with the installation of an appropriate road sign and vaulted mechanical equipment; WHEREAS, in preparing to install the wireless facility, the Applicant discovered that the Commission-conditioned underground vault for the mechanical equipment supporting the wireless facility would interfere with existing underground infrastructure consisting of a water line. The Applicant explored alternative locations to install the vault in the general vicinity of the wireless facility, but in all cases, the location of the Commission-approved vault and the alternative locations were determined not to be feasible because of underground infrastructure, such as sewer, electric and water utility lines, located on both sides of the street; and, WHEREAS, on October 23, 2018, the Planning Commission conducted a public hearing and after considering public testimony a motion to amend the conditions of approval to allow the placement of the mechanical equipment above ground failed. Some members of the Planning Commission expressed concerns that the Applicant did not fully explore alternatives, and suggested that Staff and the Applicant further explore viable alternatives to keep the mechanical equipment in a vault; and, WHEREAS, the Applicant submitted revised and updated information demonstrating that existing utility infrastructure located on both sides of Crestridge Road within a 400' radius of the Planning Commission-approved wireless facility make it infeasible to place the mechanical equipment within an underground vault, and renewed its request that the Planning Commission consider allowing an above-ground equipment cabinet; and, WHEREAS, the City's Public Works Department completed a comprehensive analysis of the Applicant's request to explore viable alternative locations to allow the equipment to remain within an underground vault. The analysis confirmed that existing P.C. Resolution No. 2019-20 Page 1 of 12 utility lines on the north and south sides of Crestridge Road make it infeasible to place the mechanical equipment within a vault; 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 installation of new a new facility (14 CCR § 15303(d)). WHEREAS, on July 23, 2019, the Planning Commission held a duly noticed public hearing to reconsider the Applicant's request to amend conditions 15(E) and 16 of P.C. Resolution No. 2017-33, 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: All previous adopted findings made and discussed in P.C. Resolution No. 2017-33 shall remain in full force and effect, and remain applicable with the placement of the mechanical equipment in an above-ground cabinet because the wireless facility continues to represent the least intrusive means of addressing the coverage gap. Section 2: The undergrounding of the mechanical equipment has been found to be infeasible, and the above-ground cabinet, as conditioned, complies with the provisions of § 12.18.070(C)(11) and § 12.18.080 of the Rancho Palos Verdes Municipal Code. Section 3: Revisions to Condition Nos. 15(E) and 16 of P.C. Resolution No. 2017-33 shall ensure that the above-ground cabinet supporting the mechanical equipment associated with the wireless facility is adequately screened and limited in size in accordance to the Design and Development Standards of §12.18.070(C)(11) of the Rancho Palos Verdes Municipal Code. Section 4: 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, August 7, 2019. The Council-approved appeal fee must accompany any appeal letter. If no appeal is filed in a timely manner, the Planning Commission's decision will be final at 5:30 PM on August 7, 2019. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves amending the Conditions of Approval of P.C. Resolution No. 2017-33 to allow the installation of above-ground mechanical equipment for Major Wireless Telecommunications Facility ASG No. 43. P.C. Resolution No. 2019-20 Page 2 of 12 PASSED, APPROVED AND ADOPTED this 23rd day of July 2019, by the following vote: AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI, PERESTAM, AND VICE-CHAIRMAN LEON NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: CHAIRMAN BRADLEY /70:79 Gordon Leon Vice-Chairman Ara Mihrani. Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2019-20 Page 3 of 12 P.C. RESOLUTION NO. 2019-20 (REVISION TO P.C. RESOLUTION NO. 2017-33) EXHIBIT "A" CONDITIONS OF APPROVAL MAJOR WIRELESS TELECOMMUNITY FACILITY PERMIT ASG NO. 43 ACROSS FROM 5721 CRESTRIDGE ROAD General Conditions: 1. Prior to obtaining a permit from the Public Works Department to install the WTF, 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 P.C. Resolution No. 2019-20 Page 4 of 12 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, 9:00 AM to 5:00 PM 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 7:00 AM Monday through Friday and before 9:00 AM 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 P.C. Resolution No. 2019-20 Page 5 of 12 debris resulting from a construction, alteration or repair Project shall be removed on a weekly 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 with the effective date of this Resolution. Project-specific Conditions: 15. This approval allows for the following: A. Install a Major WTF across from 5721 Crestridge Road on the south side of the street, B. Install two side-mounted 21.4" panel antennas that are flush-mounted with clipped-up cables on a new steel pole that will be professionally painted dark green to visually blend with the surrounding environment; C. Install a new steel pole that shall not exceed 14' in height, as measured from the adjacent grade to the top of the pole, with the side-mounted panel antennas; D. Install the new steel pole 5' from the inner edge of the sidewalk; E. •. .. - . .. • •• -- • = = - -- - - - -- - - Install an above-ground cabinet to accommodate the mechanical equipment measuring approximately 3 Y/2' in height as measured from pre-construction grade, 22.6" in width, and 16" in depth as measured from adjacent grade. The above-ground cabinet shall be set back no less than 5' from the street curb; and, F. Install an appropriate road sign to the new pole to the satisfaction of the Public Works Director; and 16. The proposed Project is subject to the following Conditions to the satisfaction of the Director of Public Works and the Director of Community Development: • The antennas and the new steel pole shall be professionally painted dark green. • The flush side-mounted panel antenna shall not to extend more than 1" from the pole surface to blend with the verticality of the pole, and shall use flush mount brackets and 90 degree connectors. • The new steel pole shall not exceed 6" in diameter at its base and shall taper to 4" in diameter at the top of the pole. P.C. Resolution No. 2019-20 Page 6 of 12 • The base of the pole shall be landscaped to minimize the visual impact. • The Applicant shall install landscaping near the proposed installation to screen the steel pole and any exposed equipment related to the vault consistent with existing landscaping. • 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. • All cables and wires shall be directly routed to the pole and encased within the pole, and hidden from view. No loops, exposed cables, splitters or unsightly wires shall be permitted. • All ground-mounted facilities including poles, walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line. • All accessory equipment including meter boxes and cabinets shall be located within an above-ground cabinet that shall be painted "dark green" and screened with landscaping as deemed acceptable by the Public Works Director - - - - e - - = '- -_ --_ _ -- _ - . -_ • 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 P.C. Resolution No. 2019-20 Page 7 of 12 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 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 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. 18. Each permittee of a wireless telecommunications facility shall provide the Public Works Director with the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the P.C. Resolution No. 2019-20 Page 8 of 12 maintenance of the facility ("contact information"). Contact information shall be updated within seven days of any change. 19. Prior to any construction activities, the permittee shall submit a security instrument (bond or letter of credit as approved by the City Attorney) in an amount determined by the City to be sufficient to cover all potential costs listed herein or in the RPVMC. 20. The permittee shall provide additional information to establish that the proposed accessory equipment is designed to be the smallest equipment technologically feasible. The City may consider equipment installed or proposed to be installed in other jurisdictions. 21. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of: a. General dirt and grease; 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 pole and vaulted accessory equipment to screen the pole and 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 permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Public Works Director or the Director of Community Development. P.C. Resolution No. 2019-20 Page 9 of 12 24. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation. 25. Each facility shall be operated and maintained to comply with all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in the RPVMC. 26. No person shall install, use or maintain any facility which in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. 27. Unless California Government Code Section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten years, unless pursuant to another provision of the RPVMC or these Conditions of Approval, it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire. 28. A permittee may apply for a new permit within 180 days prior to expiration. Said application and proposal shall comply with the city's current Code requirements for WTFs. 29. A WTF is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility. 30. The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of 30 days or more. 31. Failure to inform the City 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: P.C. Resolution No. 2019-20 Page 10 of 12 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 the RPVMC for abatement of a public nuisance at the owner's expense; and/or e. Any other remedies permitted by law. 32. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its WTF and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property, at no cost or expense to the City. 33. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within 90 days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of these conditions of approval. Upon a showing of good cause, an extension may be granted by the Public Works Director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this section shall be grounds for: a. Prosecution; b. Acting on any security instrument required by the RPVMC or conditions of approval of permit; c. Removal of the facilities by the city in accordance with the procedures established under the RPVMC for abatement of a public nuisance at the owner's expense; and/or d. Any other remedies permitted by law. 34. In the event the Public Works Director or City Engineer determines that the condition or placement of a WTF located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Director or City P.C. Resolution No. 2019-20 Page 11 of 12 Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property. 35. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the RPVMC. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the Applicant, owner or operator after notice, or removed by the city due to exigent circumstances. 36. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a WTF, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. P.C. Resolution No. 2019-20 Page 12 of 12