CC SR 20160719 01 - Establish Fees for Wireless Telecommunications Facililty (WTCF) Application AppealsCITY OF RANCHO PALOS VERDES
PUBLIC HEARING
Date: July 19, 2016
Subject: Consideration and Possible Action to Amend Resolution No. 2010-
77 Such That Appeals of Planning Commission Decisions Related
to Wireless Telecommunications Facility Permits Are Subject to a
Reduced Fee if Filed by a Resident of the City of Rancho Palos
Verdes
Subject Property: Citywide
1. Report of Notice Given: City Clerk Morreale
2. Request for Staff Report: Mayor Dyda
3. Staff Report & Recommendation: Deputy Director of Public Works Jules
4. Council Questions of Staff (factual only, no opinions):
5. Declare the Hearing Open: Mayor Dyda
6. Public Testimony: Mayor Dyda invites brief comments from the public.
Appellant: N/A
Applicant: N/A
8. Rebuttal: N/A
9. Declare Hearing Closed: Mayor Dyda
10. Council Deliberation: Questions of staff in response to testimony
11. Council Action:
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RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/19/2016
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to amend Resolution No. 2010-77 such that appeals
of Planning Commission decisions related to wireless telecommunications facility
permits are subject to a reduced fee if filed by a resident of the City of Rancho Palos
Verdes
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2016- , a Resolution of the City Council of the City of
Rancho Palos Verdes establishing a fee for appeals of wireless telecommuni-
cations facility permits when said appeal is filed by a City resident.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nicole Jules, PE, Deputy Director of Public Works-�,
REVIEWED BY: Michael Throne, PE, Director of Public Works`
APPROVED BY: Doug Willmore, City Manager,"�F ' UVv
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2016- (page A-1)
BACKGROUND AND DISCUSSION:
At the time the City sought to amend the Rancho Palos Verdes Municipal Code
(RPVMC) to include regulations for wireless telecommunications facility (WTCF)
installations in the public rights-of-way (ROW), there was significant input provided by
the community. This was likely in part due to the substantial number of WTCF already
existing in the ROW, as well as a substantial number of additional WTCF installations
proposed to be constructed.
As part of the review and approval process of WTCF permits under the Ordinance
No. 580, a permit will be reviewed and approved by either the Planning Commission or
the Director of Public Works. One community concern that was raised during the
consideration of Ordinance No. 580 was the current appeal fee of $2,275. This fee was
thought to be relatively high, thereby dis-incentivizing a resident's desire to appeal.
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There was a belief expressed that the high cost of the appeal fee would make appeals
cost -prohibitive for the residents.
As such, the City Council directed Staff to bring forth a resolution reducing the appeal
fee for WTCF permits when an appeal is filed by a City resident. Such reduction would
serve the City's goal of encouraging the community to be active in the processing of
WTCF permits and the build -out of infrastructure in the ROW. The City has a long-
standing interest in protecting the aesthetics of the community and a reduction in the
appeal fee will ensure access for the residents to appeal WTCF permit decisions.
Accordingly, the attached resolution would implement a reduced appeal fee for
residents of $1,275.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Reduce the WTCF permit appeal fee to a different amount and revise the
draft resolution accordingly.
2. Take no action, thereby retaining the current $2,275 appeal fee for WTCF
permits.
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RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION
NO. 2010-77 TO AMEND THE MASTER SCHEDULE OF
FEES AND CHARGES FOR CITY SERVICES TO
ESTABLISH A FEE FOR APPEALS OF WIRELESS
TELECOMMUNICATIONS FACILITY PERMITS WHEN
SAID APPEALS ARE FILED BY CITY RESIDENTS
WHEREAS, on September 7, 2010 the City of Rancho Palos Verdes adopted
Resolution No. 2010-77 establishing a Master Schedule of Fees and Charges for City
Services; and
WHEREAS, Resolution No. 2010-77 establishes a fee of $2275 for the appeal of
land use decisions; and
WHEREAS, on March 1, 2016, the City adopted Ordinance No. 580 which imposes
regulations on wireless telecommunications facilities ("WTCF") in the right-of-way
("ROW"); and
WHEREAS, Ordinance No. 580 requires that permits be approved by the Public
Works Director or Planning Commission; and
WHEREAS, the City Council seeks to establish an appeal fee for resident appeals
to ensure access to the residents for appealing WTCF permit decisions, further serve the
City's goal of encouraging the community to be active in the processing of WTCF permits
and build out of infrastructure in the ROW, as well further City's a long standing interest
in protecting the aesthetics of the community; and
WHEREAS, on July 7 and July 14, 2016, a notice of public hearing to be held on
July 19, 2016 was published on the Palos Verdes Peninsula News; and,
WHEREAS, all interested parties that have requested notice of proposed fee
increases were notified in writing on July 8, 2016; and,
WHEREAS, the proposed amendment to the Master Fee Schedule was made
available to the public ten days prior to the July 19, 2016 public hearing; and,
WHEREAS, on July 19, 2016, the City Council conducted a duly -noticed public
hearing concerning the proposed fee for appeals of WTCF permits when said appeals
are filed by City residents; and,
WHEREAS, the City Council desires to amend the Master Fee Schedule to reduce
the ATF appeal fee for City residents.
A-1
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1: The foregoing Recitals are true and correct and are incorporated
herein.
Section 2: The City Council hereby establishes an appeal fee of $1,275 for the
appeal of decisions related to wireless telecommunications permits when said appeal is
filed by a resident of the City of Rancho Palos Verdes.
Section 3: The City Council hereby approves and adopts the revisions to the
Master Fee Schedule and hereby amends the relevant provisions of Resolution No. 2010-
77 to incorporate the new appeal fee into the Master Fee Schedule attached hereto as
Exhibit "A".
Section 4: The amended Master Fee Schedule specified in this Resolution shall
become effective on September 19, 2016.
Section 5: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council of the City.
A-2
PASSED, APPROVED AND ADOPTED this 19th day of July 2016.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California,
hereby certify that the above Resolution No. 2016- was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on July 19, 2016.
City Clerk
A-3
Exhibit A
Resolution No. 2016 -
Proposed WTCF Resident Appeal Fee
Activity
Proposed Fee
Wireless Telecommunications Facility
Decision Appeal by RPV Resident
$1,275
i