PC RES 2017-022 P.C. RESOLUTION NO. 2017-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, WIRELESS TELECOMMUNICATIONS FACILITY
ASG NO. 10 TO ALLOW THE INSTALLATION OF A 19.7' TALL
REPLACEMENT STREET LIGHT POLE WITH MAST ARM AND
LUMINAIRE TO ACCOMMODATE A 2' TALL MOUNTED
ANTENNA ENCASED IN A 2' TALL CANISTER SHROUD WITH
A 3' TALL TAPERED CANISTER SLEEVE AT THE TOP OF THE
POLE 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, the Project calls for an existing 17-foot tall rounded fiberglass street
light with a mast arm and luminaire to be decommissioned and replaced with a 17-foot
tall Marbelite concrete octagonal streetlight with four-foot tall antenna encased in a
canister and mounted at the top of the new pole, with accessory equipment to be
vaulted in the PROW;
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;
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WHEREAS, on August 22, 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;
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 Los Verdes Drive west of Avenida Classica,
B. Which calls for removal of an existing 17-foot tall rounded fiberglass street light
with a mast arm and luminaire to be decommissioned and replaced with a 18.7-
foot tall Marbelite concrete octagonal streetlight with a 2' tall canister shroud and
a 3' tall tapered canister sleeve mounted at the top of the new pole, and the
installation of accessory equipment to be vaulted in the PROW, resulting in a
total pole height of 19.7'.
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
June 16, 2017 property owners within 500 feet of the proposed facility were
notified of the WTF mock-up which occurred at least 30 days in advance of the
public hearing. On June 22, 2017, a public notice announcing the July 25, 2017
public hearing was provided to property owners within 500 feet of the proposed
WTF.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
12.18.080(A)(1)(a): The applicant shall employ screening, undergrounding and
camouflage design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually
screened as possible, to prevent the facility from dominating the surrounding area
and to minimize significant view impacts from surrounding properties all in a
manner that achieves compatibility with the community and in compliance with
Section 17.02.040 (View Preservation and Restoration) of this code.
The project employs screening and a camouflage design with the use of a 2' high
antenna encased in a 2' tall cylinder-shaped shroud canister measuring 2' in
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diameter and a 3' tall tapered canister sleeve placed on top of the replacement
street light pole that will be a total of 19.7' in height as measured from grade to
the top of the canister. The vertical shroud design includes a transition piece
between the canister and the pole that presents a slim side view that blends
cleanly with the verticality of the light pole. The light standard is designed to
match the light standard being replaced and other light standards in the
immediate 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, the existing retaining wall will be extended by approximately 5.5' in
length. 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 WTF will be affixed to a replacement street light pole that matches
other street light poles in the area, and the replacement street light pole will utilize
similar color, size, proportion, style, and quality to other street poles in the area.
The antenna encased in the cylinder-shaped canister shroud will be painted to
match the Marbelite light pole with a concrete color and the canister will blend into
the pole with a transition piece. To accommodate the undergrounding of the
mechanical equipment, the existing retaining wall will be extended by
approximately 5.5' in length. The Applicant shall submit detailed plans of the
retaining wall along with a landscaping plan to the Community Development
Department prior to permit issuance to ensure the wall design is consistent with
the existing wall and to ensure the installation of drought tolerant landscaping
around the wall 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
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 off Avenida Classica. This finding
remains unchanged even with the additional height of the pole to accommodate the
cylinder-shaped canister on top of the pole because the pole remains
P.C. Resolution No. 2017-22
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approximately 30' below the grade of the neighboring residences and the existing
mature foliage planted on the slope continues to screen the pole. The proposed
WTF 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 street light pole and affixed equipment will consist of colors and
materials that are subdued, non-reflective and are the same as the other light
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 consists of a replacement street light pole with a 2' tall canister by a
2' in diameter cylinder shaped shrouded antenna and a 3' tall tapered canister
sleeve that will house the antenna panels and wires on top of the replacement
pole which would result in an overall height of 19.7'. The proposed cylinder
shroud design presents a slim side view that blends cleanly with the verticality of
the light pole, particularly with the transition piece between the pole and the
canister, and is the least visible of the options presented.
The height of the street pole may have to be increased by up to 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. Future location of additional antennas on this
street light pole would 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.
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.
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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 cylinder shaped antenna shroud exceeds 2' above the height of the
replacement pole. No portion of the antenna or equipment is less than 16W
above the drivable road surface.
12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to
resemble the appearance and dimensions of existing poles near the proposed
location, including size, height, color, materials and style to the maximum extent
feasible.
The proposed replacement street light pole will match the appearance, in terms of
color, height, size and dimensions of other light poles in the immediate area.
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 and the canister, 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.
The replacement street light pole is similar in dimension to the existing street light
pole. The placement of the antennas on top of the pole will occupy limited air
space above the right-of-way. The accessory structure will be undergrounded and
the vault necessary to house the equipment measures approximately 43 square
feet in area and consists of three separate vaults. 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. The SCE meter box will also be vaulted.
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.
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Based on the information submitted by the Applicant and as confirmed by the
City's consultants, 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 proposed installation will not cause an obstruction to the public's use of the
PROW, constitute a safety hazard and/or does not interfere with the City-defined
intersection visibility triangle. The proposed location is not located in a sidewalk or
walking area established for regular pedestrian use, and the replacement pole
provides the same lighting, height and setback parameters applicable to other
streetlights.
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 proposed 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
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.
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Alternative locations were identified in the application review process. The present
design, which includes encasing the two antenna panels within a cylinder-shaped
canister proposed to be placed on top of the light pole, 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 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.
Other locations and designs considered as part of the application process for
purposes of filling the coverage gap claimed by the Applicant and discussed by
the City's RF Engineer were found to be more intrusive then the proposed
project.
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 along Los Verdes
Drive west of Avenida Classica. This application information was provided to the
City's RF Engineer 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
Crown Castle, 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.
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Crown Castle has provided engineering measurement data defining gaps in AT&T
coverage in small pocketed areas. This has been independently examined by the
City's 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.
3. The applicant has provided the City with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s) or
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.
The Applicant has provided comparative analysis for possible similar antennas on
at the following 4 locations:
• A new 17' tall stand-alone pole across the street approximately 42' from
the proposed location on.
• A new 17' tall stand-alone pole approximately 55' northwest (uphill) of the
proposed location.
• Colocation on existing Sprint wireless facility located approximately 80'
north of the proposed location on the same side of the street.
• Replacement of an existing 17' tall street light pole approximately 125'
south (downhill) from the proposed location on the same side of the street.
There is an existing T-mobile pole next to the proposed pole that would have to be
raised an additional 10' in height resulting in an intrusive pole that wouldn't match
the heights of the existing pole in the immediate area if designed to accommodate
the colocation of other antennas. Similar to the proposed location, the two antenna
panels will be encased in a canister and the supporting mechanical equipment will
be vaulted. A proposed 4' high retaining wall will cut into the slope to
accommodate the vaulted mechanical equipment. This alternative was viewed as
the best alternative because it would utilize existing infrastructure in the gap area,
as opposed to adding a whole new pole. However, the Applicant does not believe
this to be a viable alternative because it would not achieve their RF coverage
objective
The proposed 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.
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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 provided a meaningful alternative comparative analysis and the
proposed project is found to be the preferred design.
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, September 6, 2017. 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, September 6, 2017.
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, a WTFP application for the
proposed installation on Los Verdes Drive west of Avenida Classica (Case No. ASG
10).
PASSED, APPROVED AND ADOPTED this 22nd day of August 2017, by the following
vote:
AYES: Commissioners Bradley, Emenhiser, Leon, Nelson, Vice Chair James, and
Chairman Cruikshank
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioner Tomblin
ABSENT: None
P.C. Resolution No. 2017-22
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hn M. Cruikshank
airman
•
Amoy
Ara V i rano CP
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2017-22
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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.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Prior to conducting any work in the public right of way (PROW), such as for curb
cuts, dumpsters, temporary improvements and/or permanent improvements, the
applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as
would strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the project shall require approval of a revision by the final
body that approved the original project, which may require new and separate
environmental review.
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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.
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.
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Project-specific Conditions:
15. This approval shall allow for the following:
A. Installation of a Wireless Telecommunication Facility WTF on Los Verdes
Drive west of Avenida Classica
B. The removal of an existing 17-foot tall rounded fiberglass street light with a
mast arm and luminaire to be decommissioned and shall be replaced with
a new Marbelite concrete octagonal streetlight street light pole that shall
not exceed 18.7-feet in height plus a 2' tall canister and 3' tall tapered
canister sleeve mounted at the top of the new pole, resulting in a total pole
height of 19.7' as measured from adjacent grade to the top of the WTF
canister.
C. The installation of three separate vaults to house the required accessory
equipment in the PROW, including vents and meter boxes that shall be
flush to the ground and that shall not exceed 43 square feet in total
surface area.
Prior to permit issuance, the Applicant shall work with the Director of Community
Development to determine if a design that is less intrusive than the one approved
by this application is technically feasible, specifically if a slimmer antenna panel
and shroud canister can be seamlessly integrated into the street light pole. If
such a design is feasible, the Applicant shall revise the project plans to the
satisfaction of the Director for permit issuance.
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 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 antenna shroud and any related exposed structures
shall be painted and maintained to match the light pole.
• Applicant shall install drought tolerant landscaping near the proposed
installation to screen the equipment and proposed retaining wall
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.
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• 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 pole shall match the appearance and dimensions of the
existing pole and all other light standards near the location.
• All cables and wires shall be encased within the pole and/or canister, 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 inches 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 street-light
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
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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 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.
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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 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 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.
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.
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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 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 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 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;
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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.
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
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
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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.
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