PC RES 2017-033 P.C. RESOLUTION NO. 2017-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, MAJOR WIRELESS TELECOMMUNICATIONS
FACILITY PERMIT ASG NO. 43 TO ALLOW THE INSTALLATION
OF TWO 21.4" SIDE-MOUNTED PANEL ANTENNAS FLUSH-
MOUNTED TO A NEW STEEL POLE WITH RELATED VAULTED
MECHANICAL EQUIPMENT ACROSS 5721 CRESTRIDGE
ROAD
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 ASG No. 43 (the
"Project") located across 5721 Crestridge Road;
WHEREAS, the original proposal called for the installation of two 21.4" panel
antennas mounted on a new 18'-4" tall steel pole. The radio equipment and power
meter were to be placed on the ground adjacent to the pole, consisting of 9.7 cubic feet
of equipment boxes in the PROW;
WHEREAS, a revised Project presented to the Planning Commission at its
September 21, 2017 meeting called for the installation of two 21.4" panel antennas
encased in a 2' tall canister shroud with a 3' tall tapered canister sleeve on top of a new
steel pole measuring a total height of 19'-11";
WHEREAS, the Project has again been revised and as considered by the
Planning Commission includes an underground vault including mechanical equipment
including the radio and auxiliary equipment, as well as the SCE meter box in another
vault within the PROW. There will be a total of three vaults measuring approximately 43
square feet;
WHEREAS, the Planning Commission, in response to public testimony from
members of the public, including the Applicant, directed the Applicant to explore locating
the proposed wireless telecommunication facility on an existing wood utility pole located
approximately 200 feet west of the subject site, and continued the public hearing to
October 10, 2017;
WHEREAS, on September 22, 2017, the Applicant agreed in writing to toll the
clock to October 10, 2017;
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WHEREAS, the Planning Commission, after considering different design options,
indicated that the least intrusive design for a new pole would be side-mounted antenna
panels that are flush-mounted to the pole with clipped-up and screened cables;
WHEREAS, because the Project requires the placement of a new pole in the
public right-of-way, approval of a Major 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 a new facility (14 CCR § 15303(d)).
WHEREAS, on October 10, 2017, the Planning Commission held a continued
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 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
cables obscured from view, by the use of clips or the like, 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, including the side-mounted panel antennas;
D. Install the new steel pole 5' from the inner edge of the sidewalk;
E. Install underground vaulted mechanical equipment including the radio and
auxiliary equipment, as well as the SCE meter box in a secondary vault for a total
of three vaults measuring approximately 43 square feet in surface area; and,
F. Install an appropriate road sign to the new pole to the satisfaction of the Public
Works Director.
Section 2: Approval of a WTFP is warranted because the Project meets the
findings required by Section 12.18.090 of the Municipal Code:
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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
May 25, 2017 property owners within 500' of the proposed facility were notified of
the WTF mock-up which occurred at least 30 days in advance of the public
hearing. Further, on September 5, 2017, a public notice announcing the
September 21, 2017 public hearing was provided to property owners within 500'
of the proposed WTF and was published in the Peninsula News. The public
hearing was continued by the Planning Commission to its October 10, 2017
meeting.
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 a screening and a camouflage design with the use of two
21.4" tall side-mounted panel antennas that will be flush-mounted to the side of
the new pole, with cables obscured from view, and that will be a total of 14' in
height as measured from grade to the top of the pole including the panel
antennas. The flush-mounted antenna panels, not to exceed 1" from the pole
surface, presents a slim side view that blends with the verticality of the pole. The
pole will be professionally painted green to blend with the surrounding vegetated
environment and will include the installation of a street sign to make it consistent
with existing vertical infrastructure of the area. The proposal places all of the
related mechanical equipment underground in a vault. 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 side-mounted to a new pole that will also contain a
street sign that matches to the best extent possible other street sign poles in the
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area, and will utilize similar color, size, proportion, style, and quality to other street
sign poles in the area. The antenna panels side-mounted to the new pole will be
professionally painted dark green to blend with the surrounding environment. The
new pole will not exceed 6" in diameter at its base and will taper to 4" in diameter
at the top of the pole. The mechanical equipment will be vaulted within the
parkway.
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 Commission finds that the design would not significantly impair any public or
private views. The proposed WTF will not impair views observed within a defined
view corridor identified in the City's General Plan or Coastal Specific 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 proposed Project has been designed to avoid adverse traffic impacts by
affixing the panel antennas to a new pole measuring 14' in total height from the
ground and the pole will be setback 5' from the edge of the inner sidewalk.
Additionally, the related mechanical equipment will be vaulted in the landscaped
parkway avoiding traffic safety impacts, including an infringement on Crestridge
Road.
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 steel pole and side-mounted panel antennas will be professionally
painted dark green to blend with the surrounding environment and will consist of
materials that are subdued, non-reflective.
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 new pole with the installation of two 21.4" panel
antennas that will be flush and side-mounted to the pole, with clipped-up cables,
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which will result in an overall height of 14'. The Project proposes a slim side view
that blends with the verticality of the pole and is the least visible of the options
presented.
12.18.080(A)(6)(a): Poles - 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 facility involves a new pole that is not replacing an existing pole,
and the Planning Commission finds that an Exception can be demonstrated to
install a new pole to support the wireless facility as described herein.
12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
way. All other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see
subparagraph (6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220
(State or Federal Law).) Sections 12.18.080(6)(c) through (f) are not applicable.
The proposed facility involves a new pole that is not replacing an existing pole. An
Exception is warranted based on the following required findings, as outlined
below.
12.18.080(A)(6)(c): Utility Poles. The maximum height of any antenna shall not
exceed 48 inches above the height of an existing utility pole, nor shall any portion
of the antenna or equipment mounted on a pole be less than 24 feet above any
drivable road surface.
The antennas are not proposed on an existing utility pole. No portion of the
antennas or any pole mounted equipment will be over any drivable road surfaces.
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 facility does not involve the use of an existing light pole. No portion of the
antennas or any pole mounted equipment will be over any drivable road surfaces.
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
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location, including size, height, color, materials and style to the maximum extent
feasible.
Not applicable because the Project does not involve a replacement pole.
12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
The pole mounted equipment, excluding antennas, will be limited to cable
connecting the node to power and fiber optic backbone, connectors, and brackets.
The pole mounted equipment, excluding antennas, will not exceed six cubic feet
in dimension. Furthermore, the related mechanical equipment will be vaulted
underground and no mechanical equipment will be affixed to the pole.
12.18.080(A)(6)(h): An exception shall be required to place a new pole in the
public right-of-way. If an exception is granted for placement of new poles in the
right-of-way.
i. Such new poles shall be designed to resemble existing poles in the right-
of-way near that location, including size, height, color, materials and style,
with the exception of any existing pole designs that are scheduled to be
removed and not replaced.
The pole is in an area with above-ground infrastructure, including existing
utility poles measuring approximately 40' in height and roadway street sign
poles with a height of approximately 8'. The Project has been conditioned
to not exceed 14' in height and to include a street sign so the pole could
better blend with the existing poles in terms of size, height, materials and
color within the immediate area, as well as the surrounding environment.
ii. Such new poles that are not replacement poles shall be located at least 90
feet from any existing pole to the extent feasible.
The new pole will be less than 90' from the nearest utility pole in the area.
In order to maintain a 90' distance, the new pole would need to be located
within the sidewalk which is not desired because it would be much more
visible to pedestrians and motorists.
Such new poles shall not adversely impact public view corridors, as defined
in the general plan, and shall be located to the extent feasible in an area
where there is existing natural or other feature that obscures the view of
the pole. The applicant shall further employ concealment techniques to
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blend the pole with said features including but not limited to the addition of
vegetation if appropriate.
There are no designated City view corridors in the area, as defined in the
City's General Plan. The proposed pole will be located adjacent to a 50'
high landscaped terrace slope which will help obscure the view of the pole.
The proposed pole, with the two side-mounted 21.4" panel antennas will be
painted dark green to blend with the surrounding environment. A condition
of approval has been added that requires landscaping to be installed around
the perimeter of the pole and that the pole be set back 5' from the inner
edge of the sidewalk to further screen its visual appearance from the
roadway and neighboring properties.
iv. A new pole justification analysis shall be submitted to demonstrate why
existing infrastructure cannot be utilized and demonstrating the new pole is
the least intrusive means possible including a demonstration that the new
pole is designed to be the minimum functional height and width required to
support the proposed facility.
The utility poles within the immediate area cannot support the proposed
facility as they are high voltage transmission poles and Southern California
Edison will not authorize the placement of a WTF on the pole. A new pole
justification analysis was submitted by the Applicant and the new pole is
designed to be the least intrusive in terms of width and height (as detailed
in the above findings), and will be painted dark green and landscaping will
be installed around the pole to screen its visibility from the roadway.
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. For all wooden poles wherein interior
installation is infeasible, conduit and cables attached to the exterior of poles shall
be mounted flush thereto and painted to match the pole.
All electrical and utility cables will run within the interior of the pole. All cables and
wires are required to be obscured from view via short, clipped-up and directly
routed to the pole in order to be hidden with no loops, exposed cables, splitters or
unsightly wires.
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 a new pole. The related underground mechanical
equipment (radio units and meter) will be vaulted measuring approximately 43
square feet in area. This space is the least amount of space that is technically
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feasible for underground 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 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 integrated pole design will not cause an obstruction to the public's
use of the PROW, constitute a safety hazard or interfere with a City-defined
intersection visibility triangle because the bottom of the proposed antennas will be
located 12' 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.
Pursuant to the application documents submitted to the City, the proposed
installation will not interfere with any public health or safety facilities. The new
pole will not obstruct the existing sidewalk and the related equipment will be
undergrounded without interfering with any public facilities.
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. The
related mechanical equipment will be undergrounded. No ground-mounted
equipment or screening methods will be less than 18 inches from the curb or
gutter flow line
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12.18.080(A)(12): Accessory Equipment. Accessory Equipment. Not including the
electric meter, all accessory equipment shall be located underground, unless an
exception is found to be warranted.
The related accessory equipment, including the meter, will be vaulted.
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 a condition of approval, the Applicant will be required to provide landscaping
around the pole and the vault within the parkway to minimize its visual
appearance from pedestrians and motorists.
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, as well as a street sign
deemed acceptable by the Director of Public Works to blend with the existing
street sign infrastructure.
12.18.080(A)(15)(a-e) Lighting.
The facility does not include any lighting.
C. If applicable, the applicant has demonstrated its inability to locate on
existing infrastructure.
The applicant has submitted a site justification analysis demonstrating the inability
to locate on existing infrastructure as confirmed by the City's RF Engineer.
Additionally, the Applicant has demonstrated to the Planning Commission's
satisfaction that Southern California Edison will not allow the Project to be located
on the surrounding high voltage transmission poles
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.
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The Applicant has submitted to the City a Right-of-Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of
Public Convenience and Necessity (CPCN) issued by the California Public
Utilities Commission (CPUC) which provides that the Applicant has been
authorized to install wireless telecommunications infrastructure in the PROW.
E. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis
to show that all alternative locations and designs identified in the
application review process were technically infeasible or not available.
The proposed Project is the least intrusive of the alternative locations
considered. Other locations and designs considered as part of the application
process for purposes of filling the coverage gap claimed by the Applicant were
found to be more intrusive then the proposed Project.
Section 3: Because the Project involves the placement of a new pole in the
public right-of-way, approval of a Major 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 is the coverage of a
"significant gap" in service in the general area of Crestridge Drive between
Crenshaw Blvd to the east and Highridge Road to the west. This application
information was provided to the City's RF engineer who reviewed the information,
as well as conducted both on-site walkout of the area and a computerized terrain
study to determine of 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
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band and specifics regarding the radiation patterns of the antennas to be installed.
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, and confirmed by the City's RF Engineer,
supports that, if constructed, DAS site ASG No. 43 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 small cell
nodes (antennas) at the following 3 alternative locations:
• Alternative No. 1 (location B). Replacement of an existing traffic/parking sign
pole adjacent to church parking lot. This site is located approximately 93
feet north from the Primary on the north side of Crestridge Road.
• Alternative No. 2 (location C). Replacement of an existing traffic stop sign
pole serving the driveway that exits the Belmont Village assisted living
facility. This location is approximately 115 feet northeast of the Primary site.
• Alternative No. 3 (location D). Attachment to an existing wood utility pole
distribution tower approximately 153 feet west of the Primary location, on the
south side of Crestridge Road.
The Applicant has provided comparative analysis of these locations, including the
Commission-directive to explore relocating the wireless facility on a nearby utility
pole, and the alternative site analysis and further investigation demonstrates that
the Project is likely the least intrusive location for the wireless telecommunications
facility in the immediate area. There are no appropriate existing poles in the
immediate area that can be used, and the high voltage transmission poles in the
immediate area cannot support a WTF per Southern California Edison (SCE).
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. The City's RF Engineer has
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confirmed that there are signal levels lower than industry recommended levels to
meet the gap in the target service area. After review of the alternative locations
available, it has been confirmed that this location is the least intrusive location
possible as the existing utility poles, as SCE will not authorize the installation of
proposed antennas on the nearby high voltage utility poles. Finally, all accessory
equipment associated with the Project will be underground minimizing the aesthetic
impact.
Section 4: Conditions of Approval regarding any of the requirements stated
herein which are 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, October 25, 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, October 25, 2017.
Section 7: For the foregoing reasons and based on the 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 and an exception for the proposed installation across
from 5721 Crestridge Road on the south side of the street (Major WTF ASG NO. 43).
PASSED, APPROVED AND ADOPTED this 10th day of October 2017, by the
following vote:
AYES: Commissioners Bradley, Emenhiser, Leon, Nelson, and Vice-Chair James
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Tomblin and Chairman Cruikshank
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William J. Ja es
Vice-Chairman
Ara Mihranian, A CP
Director of Community Development; and,
Secretary of the Planning Commission
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Exhibit"A"
Conditions of Approval
WTF 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
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.
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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
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 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 vaulted mechanical equipment including the radio and auxiliary
equipment, as well as the SCE meter box in a secondary vault for a total of
three vaults measuring approximately 43 square feet in surface area; 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:
o The antennas and the new steel pole shall be professionally painted dark
green.
o 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.
o 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.
o The base of the pole shall be landscaped to minimize the visual impact.
o 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.
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.
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o Colors and materials shall be subdued and non-reflective.
o 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.
o 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.
o All accessory equipment shall be located underground including meter
boxes and cabinets.
o 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.
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 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).
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 three feet from the source of the
noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone;
provided, however, that for any such facility located within 500 feet
of any property zoned residential or improved with a residential use,
such equipment noise shall not exceed 45 dBA three feet from the
sources of the noise. The foregoing noise level limitations shall
govern facilities subject to RPVMC Chapter 12.18.080(A)(16) until
such time that a specific noise regulation ordinance is adopted and
effective in this code, at which time such noise ordinance shall
govern.
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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.
17. 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 permittee, owner, operator or any designated
maintenance agent within 48 hours:
o After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
o 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.
20. The permittee shall provide additional information to establish that the proposed
accessory equipment is designed to be the smallest equipment technologically
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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.
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
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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:
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;
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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
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.
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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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