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CC SR 20171130 02 - Wireless Telecommunication Facility Permit ASG No. 33RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/30/2017 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 33 to install a Wireless Telecommunication Facility on a replacement stop sign pole at the northeast corner of Chartres Drive and Cartier Drive. Quasi -Judicial Decision This item is a quasi-judicial decision in which the City Council is being asked to affirm whether specific findings of fact can be made in order to overturn the denial of the Planning Commission's decision. The specific findings of fact are listed in the Resolution per Chapter 12.18 of the Rancho Palos Verdes Municipal Code (RPVMC). RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2017-_, thereby granting an appeal and overturning the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 33 to allow the installation of two panel antennas encased in a canister shroud measuring 2' tall and 14.6" in diameter on top of replacement stop sign pole measuring a total maximum height of 14' with underground vaulted accessory equipment (Option No. 3) at the northeast corner of Chartres Drive and Cartier Drive. FISCAL IMPACT: The Appellant has paid the applicable appeal fees, as established by Resolution of the City Council. If the Appellant is successful in the appeal, and the City Council overturns the Planning Commission's decision to deny the project, the Appellant will receive a full refund of their appeal fee. Thus, all in-house Staff costs associated with the processing of the appeal will come from the City's General Fund. Costs for work conducted by the City's consultants, including the City's contract planner and the City's RF consultant, are borne by the Appellant (Crown Castle) via trust deposit. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Art Bashmakian, AICP, Contract Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Developmen REVIEWED BY: Christy Marie Lopez, Special Legal Counsel APPROVED BY: Doug Willmore, City Manager 55478.00001\30326018.2 1 ATTACHED SUPPORTING DOCUMENTS: A. Draft Resolution No. 2017-_ (page A-1) B. Revised Design Options (page B-1) C. Appeal Letter to City Council dated September 14, 2017 (page C-1) D. P.C. Resolution No. 2017-25 - denying without prejudice (page D-1) E. August 22, 2017 P.C. Staff Report (page E-1) 1. P.C. Resolution No. 2017 -XX including Conditions of Approval 2. Project plans and photo simulations (project plans to be submitted under separate cover before the meeting) 3. City's View Assessment Memo 4. Technical information from the City's RF Engineer 5. Coverage Maps and Supporting Documents from the Applicant 6. Feasibility Analysis on Alternate Sites 7. August 7, 2017 Shot Clock Tolling Agreement 8. Public Comments F. Public Comments (page F-1) G. Tolling Agreement (page G-1) Click on the link below to view the August 22, 2017 Planning Commission meeting on ASG No. 33 - Agenda Item No. 5 (time stamp: 1:43:17): http://rpv.granicus.com/MediaPlayer.php?view id=5&clip id=2872 BACKGROUND AND DISCUSSION: Crown Castle, the Appellant, is a tower company hired by wireless companies for the purposes of acquiring sites for the construction and deployment of wireless telecommunications antennas throughout local jurisdictions. Pursuant to Chapter 12.18 of the RPVMC, Crown Castle is proposing to install approximately 26 new antennas in the City's public right-of-way (PROW), including the subject application, to provide services to AT&T consumers throughout the City. Original Project Description and Location The Project originally submitted and presented to the Planning Commission on July 25th proposed to install a new 14' tall pole with two 21.4" side -mounted panel antennas that would be affixed at the top of the pole (see photograph below) across from property located at 6480 Chartres Drive. The related mechanical equipment was originally proposed to be ground -mounded (adjacent to the street pole) consisting of 8.04 cubic feet of equipment boxes in the PROW including a power meter. A concern with the original project was raised by Staff and the Planning Commission because it introduced a new pole in a neighborhood that does not have above -ground poles, such as streetlight poles. 55478.00001\30326018.2 ^ In response to concerns raised at the July 25th Planning Commission meeting, Staff mei with the Applicant and identified an alternative project and location consisting of replacing an existing 11' tall stop sign pole at the northeast corner of Cartier Drive and Chartres Drive with a 14' tall stop sign pole (to the top of the canister). The replacement stop sign pole would support a 2' tall and 2' in diameter canister shroud encasing the panel antennas and wires with a 3' tall tapered canister shroud. The mechanical equipment was also proposed to be vaulted underground in the public right-of-way (PROW). The Planning Commission considered this revised wireless telecommunication facility at its August 22, 2017 meeting. The photos below illustrate the existing site conditions, and photo simulations of the original July 25th and revised August 22nd project designs considered by the Planning Commission. Original Existing Location fope ".— H'0' ' l July 25th Project — new pole Revised Site Location Proposal denied by the Commission Planning Commission's Decision On July 25, 2017, the Planning Commission held a duly noticed public hearing, received public testimony and continued the hearing to August 8, 2017 and subsequently to August 22, 2017 to allow the Appellant additional time to explore an alternative design 55478.00001\30326018.2 and location. On August 22, 2017, the Planning Commission conducted a public hearing to consider the Appellant's revised request. At this meeting, after considering evidence introduced in the record including public testimony from the Appellant, neighbors, Staff, and the City's RF consultant, the Planning Commission moved to deny, without prejudice, the project and directed Staff to come back with a resolution memorializing the motion at its August 30, 2017 meeting. The denial resolution was adopted on August 30th on a vote of 4-0 (Commissioners Leon and Tomblin and Vice Chairman James were absent). The Commission's denial was based on the following findings (page D-1): • The overall appearance of the antennas on the taller replacement stop sign pole at a height of 14' does not blend with the surrounding environment and would visually impact the character of the neighborhood. • The proposed installation and support equipment does not meet the "non- dominant design" standard requiring a facility to be compatible with the surrounding environment. • The overall size of the canister shroud on top of a stop sign pole, in its proposed location, is a dominant feature that is out -of -character to the surrounding neighborhood. • The replacement stop sign pole, at a height of 14', is visually intrusive as there are no similar vertical elements in the neighborhood, thus making the proposed facility the dominant feature at this residential intersection. Additionally, the canister shroud is much wider than the stop sign pole at the point of attachment introducing a pole that appears greater in mass and bulk. • The wireless telecommunication facility would draw attention and would reduce the desirability, including the potential to reduce property values, of the surrounding residential neighborhood. • The wireless telecommunication facility covers a relatively small portion of the technical service objective and will not provide service to a significant number of uses. • There was no significant coverage deficiency in the area. Basis for the Appeal On September 14, 2017, the Appellant filed a timely appeal (page C-1) of the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 33 contending that the denial and the reasons for the denial effectively prohibits or has the effect of prohibiting the provisions of personal wireless services. In summary, the Appellant believes that the Commission's decision was not based on substantial evidence and that the denial violates the Appellant's right to deploy its facilities in the public rights-of-way in violation of Public Utilities Code section 7901, in that that the Planning Commission's action exceeds the local control over the "time place and manner" of access to the right-of-way. 55478.00001\30326018.2 Revised Project In response to the Planning Commission's decision, the Appellant has reassessed its proposal and is presenting, in addition to the original design, three new design options and locations for the Council's consideration as part of the appeal proceedings. Option Nos. 1 - 3 consist of two panel antennas encased in a canister shroud measuring 2' tall and 14.6" in diameter, but in different locations, as described below: Option No. 1 - Consists of a new 14' tall pole with above ground accessory equipment in an above -ground pedestal. This proposed facility is located in its original location across from property located at 6480 Chartres Drive. Option No. 2 - Consists of a new 14' tall pole with the mechanical equipment vaulted in the parkway of the public right-of-way. Option No. 3 (Staff's preferred option) - Consists of a replacing the existing 11' tall stop sign pole with a 14' tall stop sign pole measuring 7" in diameter with accessory equipment vaulted in the parkway similar to Option No. 2. This option is similar to the design considered by the Planning Commission except the revised design uses a thinner replacement stop sign pole (7" in dimeter) instead of 12" and the canister shroud, as stated earlier, measures 14.6" in diameter instead of 2 in diameter. Staff recommends that the replacement pole be professionally painted brown and include the installation of a stop sign and street name signs that will eliminate the need for a new free standing pole in a neighborhood that does not have above ground vertical infrastructure. Option No. 4 (Original Project) — Consists of two 21.4" tall side -mounted panel antennas affixed to the side of a new 14' tall pole at the same location as Options No. 1 and 2 (across from property located at 6480 Chartres Drive), with accessory equipment vaulted in the parkway. Alternatively, the Council may also consider allowing the panel antennas to be side -mounted to a replacement stop sign pole. Option No. 1 55478.00001\30326018.2 Option No. 2 Option No. 3 Option No. 4 Based on the four design options described above, Staffs preference is Option No. 3 because it utilizes an existing stop sign pole as encouraged by the City's Wireless Telecommunication Ordinance and does not introduce new vertical infrastructure in a neighborhood that does not have vertical infrastructure such as streetlight poles. Specifically, the project proposes a replacement stop sign pole with the panel antennas and wires encased in a canister shroud measuring 14.6" in diameter. The canister shroud before the City Council has been reduced in diameter by approximately 10" than the canister shroud considered by the Planning Commission resulting in a slimmer profile. In comparison, Option Nos. 1, 2 and 4, involve the installation of new vertical infrastructure, which is discouraged and contrary to the City's General Plan and overall aesthetic vision of the City, and the design of Option No. 3 aligns with the required findings cited in Section 12.18.090 of the RPVMC, including the general guidelines stated in Section 12.18.080 of the RPVMC, as summarized below: • Employs screening with the canister shroud. • Minimizes view and visual impacts with the panel antennas and related wires encased in a shroud with underground vaulted mechanical equipment. • Avoids adverse impacts to traffic patterns including pedestrians and vehicles. • Eliminates the need for a new pole. • Matches the material, color, and height of stop sign poles within the immediate neighborhood and will be professionally painted brown to aid in camouflaging the pole. • Utilizes existing infrastructure thereby avoiding the installation of new above- ground infrastructure. • Represents the least intrusive design as compared to alternative designs and locations. • Meets the Appellant's coverage objective (see discussion below). A detailed analysis of the required findings can be found in the attached resolution (Attachment A). Exhibit A to the attached resolution includes the Conditions of Approval regulating the installation, appearance, and maintenance of the wireless facility within 55478.00001\30326018.2 the public right-of-way mitigating potential adverse impacts to the immediate neighborhood. Kinq Palm Tree Pole In addition to the design and location options described above, the Appellant has informed Staff that they are exploring using a pole that is designed as a king palm tree that will house the panel antennas within the faux palm fronds. The palm fronds will vary in length to resemble a true palm tree, and the overall height of the king palm tree pole will be approximately 18' in height. The Appellant is proposing that this pole be installed at the original location which is in the parkway across from 6480 Cartier Drive. At this time, the Appellant does not have plans for this alternative design. In order to consider this design option at the November 30th meeting, the Appellant will provide the Council with plans and photo simulations in advance of the meeting as late correspondence. ADDITIONAL INFORMATION: City Council Site Visit The City Council is encouraged to visit the project site and the proposed installation for, among other things, design assessment and location. The Council will be asked to disclose whether they visited the project site before opening the public hearing. Coverage Gap Analysis Sections 12.18.050(B)(19)(a) and (b) of the RPVMC states that in the event an applicant seeks to install a wireless telecommunication facility within the public right-of- way to address service coverage concerns and/or service capacity concerns, the applicant needs to submit propagation maps with objective units of signal strength measurement regarding current service coverage and written explanation identifying the existing facilities with service capacity issues. As part of the original application, the Appellant's submitted maps and a written justification have been reviewed by the City's RF Engineer who has concluded that the signal levels are lower than the levels industry guidelines suggested to support modern 3G/4G customer needs. The City's RF Engineer also concluded that the subject facility will provide ample signal intensity to support AT&T's 3G/4G wireless services. (Page E-1) Pole Design Options Mockup: The Appellant has installed a mock-up of "replacement pole" design examples for supporting the proposed telecommunication panel antennas. The mock-ups are located adjacent to the City's maintenance yard at the City Hall site for City Council, Planning Commission, and public viewing. 55478.00001\30326018.2 Mockua Notice Issued On May 23, 2017, the Applicant (Crown Castle) received a Public Works Encroachment Permit to install a Mock -Up of a proposed wireless telecommunications facility. The temporary mock-up was installed on June 1, 2017. This is a required step in the Wireless Telecommunications Facilities Application for all proposed wireless facility installations. Pursuant to Chapter 12.18 of the RPVMC, the City Council is to review this specific proposed installations for, among other things, design assessment and location. The temporary mock-up installation will remain in-place as a matter of public notice up to and during the appeal proceedings. Public Notice On November 15, 2017, a public hearing notice was published in the Daily Breeze announcing tonight's special meeting on the project application. Similarly, public notices were mailed to property owners within a 500' radius of the project site and to list -serve subscribers announcing the public hearing and inviting public comments on the appeal. An additional courtesy public notice was published in the Peninsula News on Thursday, November 23, 2017. Public Comments Attached are the public comments received since the appeal notice was issued (page F- 1). Planning Commission Chairman Pursuant to City Council Policy No. 24, Planning Commission Vice -Chair James will be attending the November 30th meeting in event the Council has any questions pertaining to the Commission's decisions in this matter. Shot Clock State and federal laws, and a FCC ruling, provide that a local jurisdiction must act on an application for certain wireless facilities antennas within the following certain strict timeframes: (1) a 150 -day shot clock for new facilities; (2) a 90 -day shot clock for modifications resulting in a substantial change; or (3) a 60 -day shot clock for modifications that do not result in a substantial change. If a local government fails to approve or deny a facilities request within the applicable time period, the request will be "deemed granted" upon written notification from the applicant to the local government stating that the request is considered approved. The Project application proposes a new facility subject to the 150 -day shot clock. The application was submitted on May 26, 2016. The clock was "tolled" several times as a 55478.00001\30326018.2 result of incomplete application submittals. As a result, the shot clock was set to expire on September 1, 2017. A Shot Clock Tolling Agreement, dated August 7, 2017 established a new Shot Clock Expiration date of September 30, 2017 (page G-1). The Planning Commission's action on the Project is the final City decision, unless appealed to the City Council. While the law is not clear, there is no binding legal precedent in California requiring that the shot clock run pending an appeal period. Accordingly, it is thought that the Commission's action on the Project may toll the shot clock. CONCLUSION: Based on the forgoing discussion, Staff recommends that the City Council adopt Resolution No. 2017- _, thereby granting the appeal and overturning the Planning Commission's decision to deny Major Wireless Telecommunication Facility Permit ASG No. 33 to allow the installation of two panel antennas encased in a canister shroud measuring 2' tall and 14.6" in diameter affixed on top of a replacement stop sign pole measuring 7" in diameter and measuring 14' to the top of the canister with vaulted accessory equipment (Option No. 3) at the northeast corner of Chartres Drive and Cartier Drive. ALTERNATIVES: In addition to Staff's recommendation, the following alternative is available for consideration by the City Council: 1. Deny the appeal, thereby upholding the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 33 and direct Staff to return with a revised Resolution at the December 19, 2017 City Council Meeting. 2. Modify the appeal and direct Staff to return with a revised Resolution at the December 19, 2017, City Council Meeting. This action would entitle the Appellants to a refund of one-half of their appeal fee. 3. Identify any issues of concern with the proposed project, provide Staff and/or the Appellant with direction in modifying the project, and continue the public hearing to a date certain. 55478.00001\30326018.2 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S DENIAL OF MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 33 TO ALLOW THE INSTALLATION OF TWO PANEL ANTENNAS ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER TO A 7" DIAMETER REPLACEMENT STOP SIGN POLE MEASURING A TOTAL MAXIMUM HEIGHT OF 14' WITH VAULTED ACCESSORY EQUIPMENT (OPTION NO. 3) AT THE NORTHEAST CORNER OF CHARTRES DRIVE AND CARTIER DRIVE. WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or Municipal Code) governs the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities ("WTFs") in the City's public right-of-way ("PROW") (RPVMC § 12.18.010); WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to the City for various Wireless Telecommunications Facility Permits ("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. 33 ("Project") located across 6480 Chartres Drive, WHEREAS, the original Project called for a new 14' tall steel pole with 21.4" side - mounted panel antennas and ground -mounted mechanical equipment; WHEREAS, the revised Project proposal considered by the Planning Commission called for replacing an 11' stop sign pole with a replacement 14' tall stop sign pole measuring 12" in diameter with a 3.5' tall and 2' in diameter canister shroud encasing the antenna panels 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; 55478.00001 \30326019.2 Resolution No. 2017 - Page 1 of 22 A-1 WHEREAS, on July 25, 2017, due to the breadth and scope of the public comments and the limited information available at the meeting, the Planning Commission continued the public hearing to August 8, 2017 and directed Staff to come back with more information; WHEREAS, on August 8, 2017, the Planning Commission, at the request of the Applicant, continued the public hearing to August 22, 2017 to allow Staff additional time to complete its analysis; WHEREAS, on August 22, 2017, after considering testimony and evidence presented at the public hearings, the information and findings included in the Staff Report, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes moved to deny, without prejudice, ASG No. 33 and directed Staff to come back with a denial resolution for adoption at its August 30, 2017 meeting; WHEREAS, on August 30, 2017, the Planning Commission adopted a resolution denying, without prejudice, ASG No. 33, on a vote of 4-0 (Commissioners Leon and Tomblin and Vice Chairman James were absent); WHEREAS, on September 14, 2017, a timely appeal of the denial was filed by the Applicant; WHEREAS, on November 15, 2017, a public notice was mailed to property owners within a 500 -foot radius of the subject site, to list -serve subscribers, and published in the Daily Breeze, pursuant to the requirements of the Rancho Palos Verdes Municipal Code. A courtesy public notice was published in the Peninsula News on November 23, 2017; and, WHEREAS, on November 30, 2017, the City Council 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 CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The City Council hereby grants the appeal and overturns the Planning Commission's denial of Major Telecommunications Facility Permit ("WTFP") ASG No. 33 involving a project that called for the replacement of the existing 11' tall stop sign pole with a 14' tall stop sign pole to allow the installation of two panel antennas encased in a canister shroud measuring 2' tall and 14.6" in diameter affixed 55478.00001\30326019.2 Resolution No. 2017 - Page 2 of 22 A-2 on top of the pole measuring 7" in diameter and 14' in height to the top of the canister with vaulted accessory in the PROW (Option No. 3) based on the following findings. 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. On November 15, 2017 a public notice announcing the November 30, 2017 public hearing on the appeal of the Planning Commission's denial of ASG No. 33 was published in the Daily Breeze and provided to property owners within 500' of the proposed facility and to list -serve subscribers. An added courtesy public notice was published in the Peninsula News on November 23, 2017. 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 existing 11' tall stop sign (with the attached street name panels) pole will be replaced with a new 14' tall stop sign pole integrating the stop sign and street names with a 2' tall cylinder -shaped canister shroud encasing the antenna panels and wires at the top of the replacement stop sign pole. The overall height of the pole will measure 14' from adjacent grade to the top of the canister shroud. The mechanical equipment will be vaulted underground including the radio and auxiliary equipment, as well as the SCE meter box in a secondary vault measuring approximately 43 square feet in surface area. The design would not have any significant view impairment to the surrounding 55478.00001 \30326019.2 Resolution No. 2017 - Page 3 of 22 A-3 area. This design is preferred to avoid the installation of a new pole in a neighborhood that does not have above ground utilities and is visually less - intrusive compared to "side -mounted" panel antennas because the vertical shroud presents a slim profile view. The replacement stop sign pole is in line with the vision and policies set forth in the General Plan by minimizing the installation of new above -ground infrastructure. Furthermore, the revised design involves a thinner pole (7" in diameter compared to 12" diameter pole considered by the Planning Commission) and a smaller canister (2' tall and 14.6" in diameter compared to the canister considered by the Planning Commission which was 3.5' tall and 2' in diameter), the proposed installation will not have any significant view impairment to surrounding properties pursuant to Chapter 17.02.040 of the RPVMC. This design is less dominate than the previous design considered by the Planning Commission. 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 Project eliminates the need to install a new pole in the neighborhood by replacing the existing stop sign pole with a new 14' tall pole that will house the antenna panels and wires within a 2' tall cylinder -shaped canister that measures 14.6' in diameter. The replacement pole will be generally a similar size to other street sign poles in the neighborhood. The stop sign pole will measure approximately 7" in diameter, and will be painted brown to blend with the canister and the surrounding environment. A low retaining wall within the PROW, measuring approximately 1.5' high at approximately 43 square feet in surface area will be constructed to accommodate the vaulted equipment. 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. Resolution No. 2017 - Page 4 of 22 55478.00001 \30326019.2 The Project does not result in a significant view impairment to surrounding residences on Chartres Drive and Cartier Drive as determined by a view analysis for the replacement stop sign 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)(3): Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts to traffic safety. The Project involves a replacement stop sign pole with the placement of antenna panels within a canister shroud mounted on top of the pole with a total pole height 14'. Additionally, as conditioned, the related mechanical equipment will be vaulted in the parkway avoiding traffic safety impacts, and in compliance standards for undergrounding equipment. 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 replacement stop sign pole consists of colors and materials that are subdued and non -reflective. The pole will be painted brown to visually blend with the surrounding environment and include street signs (i.e. street names and stop sign). The retaining wall that will be constructed to accommodate the vaulted mechanical equipment within the parkway will utilize block material that 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 proposes the installation of a new 14' tall stop sign pole that will house the panel antennas in a cylinder shaped canister measuring approximately 2' tall and 14.6" in diameter. The height of the pole to the top of the canister will be 14'. The Project eliminates the introduction of a new pole structure in the neighborhood and the proposed cylinder shroud design presents a slim side view that blends with the verticality of the pole, and is the least visible of the options presented. 55478.00001 \30326019.2 Resolution No. 2017 - Page 5 of 22 A-5 The height of the stop sign pole may have to be increased by up to 5' to accommodate a 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 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 City Council finds that an Exception shall be made (see Section 3 of this Resolution). 12.18.080(A)(6)(b) and (h): 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. The project proposes a replacement stop sign pole. 12.18.080(A)(6)(e) Replacement Poles. If an Applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible. The replacement stop sign pole will be 3' taller than the existing pole and approximately 7" wide in diameter, but the design, appearance and dimensions resemble the existing pole to the maximum extent feasible and reflects a less dominate appearance than the design considered by the Planning Commission. According to the Appellant, this is the slimmest pole design available. 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. 55478.00001 \30326019.2 Resolution No. 2017 - Page 6 of 22 1 o All cables and wires will be encased within the canister and directly routed into the pole in order to be hidden from view 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 replacement pole would not take up much more right-of-way space compared to the existing street sign/stop sign pole. The placement of the antennas on top of the pole will occupy limited air space above the right-of-way The mechanical equipment will be undergrounded measuring approximately 43 square feet in total surface area. According to the Appellant, this space is the least amount of space that is technically feasible for 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 be vaulted underground. 12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility. Based on the information submitted by the Applicant, the City Council 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 stop sign pole design would not cause an obstruction to the public's use of the PROW, constitute a safety hazard and/or does not interfere with a City -defined intersection visibility triangle. The proposed project is not located in a paved sidewalk or walking area established for regular pedestrian use, and the replacement poles preserves the same/current signage purposes and setback parameters applicable to other street signs 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 55478.00001 \30326019.2 Resolution No. 2017 - Page 7 of 22 A-7 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 C. If applicable, the Applicant has demonstrated its inability to locate on existing infrastructure. Not applicable as the proposed WTF antennas are proposed to be installed on a replacement street stop sign pole that's currently existing vertical infrastructure. 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. Alternative locations were identified in the application review process. The revised design, which includes the installation of two antenna panels encased in a 2' tall and 14.6" in diameter canister affixed to the top of a 7" diameter pole is the least intrusive means of those alternatives. There is technology that is possible with a slimmer design 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 streetlights or utility poles and will likely require associated accessory equipment at every location. The 55478.00001 \30326019.2 Resolution No. 2017 - Page 8 of 22 1 • • supporting mechanical equipment, even if placed in vaults underground, requires additional fans that may result in adverse cumulative noise impacts negating the objective of installing the least intrusive systems. The Applicant has provided comparative analysis of four other locations in the area. One of the alternatives is the replace the existing stop sign pole. Out of the four sites, one does not meet the RF coverage objective. But, the other three sites, including the originally proposed site and the alternative integrated stop sign design, do meet the RF objective. It should be noted that aside from the proposed stop sign pole, the other sites would require a new pole installation which would not be the least intrusive design. The City's RF consultant has also reviewed the alternative locations and concludes that limited coverage areas of the DAS units limit or confine site selection. The overall coverage area is confined by the limited service area of DAS technology and location of the specific signal gap areas that are to be addressed. The alternatives would be selected based on aesthetic considerations as the overall coverage areas is confined by the limited service area of DAS technology and location of the specific signal gap areas that are to be addressed. In order to provide coverage to the residential areas of the City, it's necessary to locate with the right-of-way of local streets. Other locations and designs that may fill the coverage gap claimed by the Applicant and discussed by the City's RF consultant presented the following intrusions, which is determined to be more intrusive then the revised project. Section 3: Because the Project's pole exceeds the height of the existing stop sign pole by 3' and is located within the PROW of a local residential street 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. 55478.00001 \30326019.2 Resolution No. 2017 - Page 9 of 22 1 • 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 Cartier Drive and Chartres Drive. 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. Crown Castle has provided engineering measurement data defining gaps in AT&T coverage in small pocketed areas. The subject service area is currently experiencing insufficient signal. The Applicant also seeks to provide sufficient signal strength to ensure not only adequate signal for mobile and outdoor users, but reliable in -building coverage for all those customers who may seek to abandon their home landlines and sufficient capacity to address new data demands from smartphones and tablets. This has been independently examined by the City's RF 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 No. 33 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 4 alternative locations: 55478.00001 \30326019.2 Resolution No. 2017 - Page 10 of 22 A-10 • Alternative 1 (Location B) 17 -foot tall replacement traffic/stop sign pole at the northeast corner of Cartier Drive and Chartres Drive. *Alternative 3 (Location C) 14 -foot tall free-standing pole 70 -feet from the original proposed location on the south side of Chartres Drive adjacent to the driveways for 30200 Cartier Drive and 6479 Chartres Drive. • Alternative 4 (Location D) 14 -foot tall free-standing pole approximately 55 -feet northwest of the original proposed location on the east side of Cartier Drive adjacent to 30182 Cartier. *Alternative 5 (Location E) 14 -foot tall free-standing pole approximately 660 - feet east of the original proposed location on the north side of Chartres Drive approximately 10-15 feet from the driveway of 6443 Chartres Drive. The Applicant has provided comparative analysis of these locations. Alternative 5 (Location E) does not meet the RF coverage objective. The other three sites do meet the Applicant's RF objective, but would require a new pole installation which would not be the least intrusive design. The proposed Project, with the canister encasing the two panel antennas at the proposed location, is the less dominate location for the wireless telecommunications facility in the immediate area because of the surrounding terrain. There are no major collector or arterial streets in the immediate area. 4. The Applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the Applicant's reasonable technical service objectives. The Applicant has established, and the City's RF consultant has confirmed, that to meet its technical service objective, the proposed installation must be installed in a residential zone. As the City consists primarily of residential zones, it's impossible to avoid residential zones in order to effectively deploy an effective wireless network in the area. Notably, the Applicant has provided a meaningful alternative comparative analysis and the proposed Project is found to be the preferred design by being installed on existing vertical infrastructure, a slim canister, and undergrounding of all associated equipment Section 4: Conditions of Approval regarding any of the requirements listed above which the City Council finds to be necessary to protect the health, safety and general welfare, have been imposed in the attached Exhibit A. 55478.00001 \30326019.2 Resolution No. 2017 - Page 11 of 22 A-11 Section 5: The City Council hereby grants the appeal and overturns the Planning Commission's denial of Wireless Telecommunications Facility Permit ASG No. 33, as revised, based on the evidence in the record and the findings contained in this resolution. Section 6: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. Section 7: The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or other applicable short periods of limitation. PASSED, APPROVED and ADOPTED this 30th day of November 2017. Brian Campbell, Mayor ATTEST: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2017-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 30, 2017. 55478.00001\30326019.2 Resolution No. 2017 - Page 12 of 22 A-12 CITY CLERK EXHIBIT "A" CONDITIONS OF APPROVAL WTF ASG NO. 33 NORTHEAST CORNER OF CHARTRES DRIVE AND CARTIER DRIVE General Conditions: 1. Prior to obtaining a permit from the Public Works Department to install the street light pole, the Applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project. 3. Prior to conducting any work in the public right of way (PROW), such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works. 4. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws Resolution No. 2017 - Page 13 of 22 55478.00001 \30326019.2 A-13 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. 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:OOAM to 5:OOPM 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 55478.00001\30326019.2 Resolution No. 2017 - Page 14 of 22 A-14 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. Project -specific Conditions: 15. This approval allows for the following: A. Install a Wireless Telecommunication Facility WTF at the northeast corner of Chartres Drive and Cartier Drive. B. Allow the installation of two panel antennas and wires encased in a canister shroud measuring 2' tall and 14.6" in diameter to a new 14' tall replacement stop sign pole measuring 7" in diameter with vaulted accessory equipment (Option no. 3). C. Installation of a stop sign and street name sign on the replacement pole to the satisfaction of the Director of Public Works. D. The installation of vaulted accessory mechanical equipment in the PROW, including vents and meter boxes that shall be underground and flush to the ground and that shall not exceed 43 square feet in total surface area. 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: 55478.00001 \30326019.2 Resolution No. 2017 - Page 15 of 22 A-15 o The proposed WTF shall be installed on a new replacement stop sign pole and shall be of a color, size, proportion, style, and quality deemed acceptable by the Director of Public Works and the Director of Community Development. The stop sign pole, antenna shroud and any related exposed structures shall be professionally painted brown. The Applicant shall install drought tolerant landscaping near the proposed installation to screen the equipment and proposed retaining wall 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. o Colors and materials shall be subdued and non -reflective, and shall be professionally painted. o The replacement stop sign pole shall match the appearance and dimensions of the existing pole and all other stop sign poles near the location. 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 and vaulted facilities 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. 55478.00001\30326019.2 Resolution No. 2017 - Page 16 of 22 A-16 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 the RPVMC, at which time such noise ordinance shall govern. o The facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director may require the provision of warning signs, fencing, anti -climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device. o Consistent with current state and federal laws and if permissible under the same, at the time of modification of the facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. o The installation and construction of the facility shall begin within one year after its approval or it will expire without further action by the City. 17. All wireless telecommunications facilities shall comply at all times with the following operation and maintenance standards: 55478.00001 \30326019.2 Resolution No. 2017 - Page 17 of 22 A-17 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: ■ 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 (including removal costs) listed herein or in the RPVMC. 20. Prior to permit issuance, 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; Resolution No. 2017 - Page 18 of 22 55478.00001 \30326019.2 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, landscaping near the proposed installation of the vaulted accessory equipment (i.e. vents) 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. 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 55478.00001 \30326019.2 Resolution No. 2017 - Page 19 of 22 A-19 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 and/or permitee shall provide written notice to the Director of Public Works any discontinuation of operations of 30 days or more. 31. Failure to inform the Director of Public Works of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for: a. Litigation; b. Revocation or modification of the permit; C. Acting on any security instrument or other assurance required by the RPVMC or these Conditions of Approval of the permit, d. Removal of the facilities by the city in accordance with the procedures established under the RPVMC for abatement of a public nuisance at the owner's expense; and/or e. Any other remedies permitted by law. 32. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the Resolution No. 2017 - Page 20 of 22 55478.00001\30326019.2 A-20 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 the 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. 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 Resolution No. 2017 - Page 21 of 22 55478.00001 \30326019.2 A-21 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 security instrument 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. 55478.00001 \30326019.2 Resolution No. 2017 - Page 22 of 22 A-22 DESIGN OPTION NO. 1 ASG NO. 33 d iK ,1 �..�h t *,, {� x r:, - ^-` c ._. DESIGN OPTION NO. 2 ASG NO. 33 ASG NO. 33 A ANTENNA DETAILS SCALE: 1:5 ASG33 HAVE II 242727tt� '�� CROWN v CASTLE C' INSTALLIVICONCRETETEXTUREO irERl FT STEEL INSTALL (,) AMPHENOL CUUEN70X06F.W ANTENNA rnw.l. x1 1. 9� Communications � O z 0° °y" v I1j�\\ OPRIETARY INFORMATION I -L. 90° THE INFORMMTON CONTAINED IN THIS YET aF DRAWINGS IY PROPRIETARY AND CONFlDENTML'R HA.ANY USEAT DFYq.OSURE OTHER THAN AY IT REUTES POLE #_NIT: TO AT&T IS STRICTl PROHIMTED TOP OF POLE: 11'5" TOP OF ANTENNA: 14'0" RAD CENTER: 13' 0" AZIMUTH: 130° & 330" - EQUIPMENT AND ANTENNAS TO BE PAINTED TO nusnxw I Ai EK; MATCH POLE. ASG33 ACROSSFROM 648D CHARTERS DR RANCHO PALOS VERDES, CA POLE PROFILE ° J.E er i1I1N1] vvnC,J nr P-2 B 12 O'CLOCK VIEW SCALE: 1:6 INSTALL (11 AMPHENOL CUUBO]0X06Fxy20 ANTENNA INSTALL (,)CROWN CASTLE 4'X6' VAULT WITH FLUSH MOUNT VENTS R) ML IONS INSIDE. R' B.O.C.) STA 99+% (SEE DETAIL,.2 d 3 ON SHEET P2. DETAIL is ON QS) I � TOP OF STEEL POLE 2.D i TOP INSTALL NEW STREET SIGN AT 9'3' EXISTING RETAINING WALL � OF ANTENNA INSTALL NEW STREET SIGN AT 8' ]` 14 D HAD CENTER INSTALL EXISTING STOP SIGN ATS 4'T0610' MINSTINSTALL 14' 0' CONCRETE TE%TURED YTEEL POLE � mTGROUNDLEVEL INSAlL(SEEDETAILBSHEET (i) RO L 1T X30'WTR VAULT - Ta•fi.o.c.)srA,ao•sz (SEE DETAIL 9810 ON SHEET P4) B 30'CLOCKVIEW SCALE: 1:6 INSTALL (11 AMPNENOL CUUfiOTOXO6Fxyz0 ANTENNA TOP OF STEEL POLE EXISTING RETAINING WAIL T� INSTALL NEW STREET SIGN AT 9' 3' (126UC1� OF ANTENNA � INSTALL NEW STREET SIGN ATST t4'0' RAD CENTER INSTALL EXISTING STOP SIGN AT 6' 4' TO 8' 10' RSP INSTALL 14' 0' CONCRETE TEXTURED STEEL POLE INSTALL (1) CROWN CASTLE 1T %30' WFR VAULT (3' B.O.C.) STA. 100 ♦ S2 O] (SEE DETAIL 9 B ICON i • SHEET D1) GROUND LEVEL G&G INSTALL VGR NSTALL (1) CROWN CASTLE 4' X B' VAULT WITH (SEE DETAIL B ON SHEET 0.31 FLUSH MOUNT VENTS B R) ML IONS INSIDE, (2' B.O.C.) STA. 99 * 35 (BEHIND 4' X 6' VAULT) (SEE DETAIL 1,2830N SHEET D-2, DETAIL i50N D-5) A ANTENNA DETAILS SCALE: 1:5 ASG33 HAVE II 242727tt� '�� CROWN v CASTLE C' INSTALLIVICONCRETETEXTUREO irERl FT STEEL INSTALL (,) AMPHENOL CUUEN70X06F.W ANTENNA rnw.l. x1 1. 9� Communications � O z 0° °y" v I1j�\\ OPRIETARY INFORMATION I -L. 90° THE INFORMMTON CONTAINED IN THIS YET aF DRAWINGS IY PROPRIETARY AND CONFlDENTML'R HA.ANY USEAT DFYq.OSURE OTHER THAN AY IT REUTES POLE #_NIT: TO AT&T IS STRICTl PROHIMTED TOP OF POLE: 11'5" TOP OF ANTENNA: 14'0" RAD CENTER: 13' 0" AZIMUTH: 130° & 330" - EQUIPMENT AND ANTENNAS TO BE PAINTED TO nusnxw I Ai EK; MATCH POLE. ASG33 ACROSSFROM 648D CHARTERS DR RANCHO PALOS VERDES, CA POLE PROFILE ° J.E er i1I1N1] vvnC,J nr P-2 B 12 O'CLOCK VIEW SCALE: 1:6 INSTALL (11 AMPHENOL CUUBO]0X06Fxy20 ANTENNA INSTALL (,)CROWN CASTLE 4'X6' VAULT WITH FLUSH MOUNT VENTS R) ML IONS INSIDE. R' B.O.C.) STA 99+% (SEE DETAIL,.2 d 3 ON SHEET P2. DETAIL is ON QS) I � TOP OF STEEL POLE 2.D i TOP INSTALL NEW STREET SIGN AT 9'3' EXISTING RETAINING WALL � OF ANTENNA INSTALL NEW STREET SIGN AT 8' ]` 14 D HAD CENTER INSTALL EXISTING STOP SIGN ATS 4'T0610' MINSTINSTALL 14' 0' CONCRETE TE%TURED YTEEL POLE � mTGROUNDLEVEL INSAlL(SEEDETAILBSHEET (i) RO L 1T X30'WTR VAULT - Ta•fi.o.c.)srA,ao•sz (SEE DETAIL 9810 ON SHEET P4) B 30'CLOCKVIEW SCALE: 1:6 INSTALL (11 AMPNENOL CUUfiOTOXO6Fxyz0 ANTENNA TOP OF STEEL POLE EXISTING RETAINING WAIL T� INSTALL NEW STREET SIGN AT 9' 3' (126UC1� OF ANTENNA � INSTALL NEW STREET SIGN ATST t4'0' RAD CENTER INSTALL EXISTING STOP SIGN AT 6' 4' TO 8' 10' RSP INSTALL 14' 0' CONCRETE TEXTURED STEEL POLE INSTALL (1) CROWN CASTLE 1T %30' WFR VAULT (3' B.O.C.) STA. 100 ♦ S2 O] (SEE DETAIL 9 B ICON i • IL € \ VA~ 1 V4,. r EX 15 i I N G ASG33 ACROSS FROM 6480 CHARTRES DR RANCHO PALOS VERDES. CA m.squared ENGINEERS CROWN CASTLE !2016 C—* Mop LOOKING SOUTHEAST FROM CARTER DR I[s] :A ...... ASG NO. 33 POLE # Nfr: TOP OF POLE: 14'0" TOP OF ANTENNA: 14'0" RAD CENTER: 13'1-1/2 AZIMUTH: 130° & 330° EQUIPMENT AND ANTENNAS TO BE PAINTED TO MATCH POLE. EQUIPMENT TO BE PAINTED TO MATCH POLE. B 1 12 O'CLOCK VIEW SCALE: 1:5 ANTENNA #HPA-65F-BUU-H2 SCALE: 1:5 INSTALL (2) 21.4" ANTENNAS AZIMUTH: 330" INSTALL (2) 21.4" ANTENNAS 09" CSC #HPA-65F-BUU-H2 WITH MOUNTING INSTALL 14' CONCRETE POLE ANTENNA#HPA-65F-BUU-H2 C� TOP OF AZIMUTH: 130° ASO ANTENNA & (SEE DETAILS 4 & 5 ON SHEET D-3) c� o c POLE 7 z 14-0" 0° INSTALL 14' CONCRETE POLE 90^ (SEE DETAILS 7 & 8 ON SHEET D-2) POLE # Nfr: TOP OF POLE: 14'0" TOP OF ANTENNA: 14'0" RAD CENTER: 13'1-1/2 AZIMUTH: 130° & 330° EQUIPMENT AND ANTENNAS TO BE PAINTED TO MATCH POLE. EQUIPMENT TO BE PAINTED TO MATCH POLE. B 1 12 O'CLOCK VIEW SCALE: 1:5 B 1 9 O'CLOCK VIEW SCALE: 1:5 INSTALL (2) 21.4" ANTENNAS INSTALL (2) 21.4" ANTENNAS #HPA-65F-BUU-H2 WITH MOUNTING_ #HPA-65F-BUU-H2 WITH MOUNTING BRACKET #MBK -03 TOP OF BRACKET #MBK -03— (SEE DETAILS 4 s 5 ON SHEET D-3) ANTENNA & (SEE DETAILS 4 & 5 ON SHEET D-3) ANTENNA 8 POLE POLE 7 14-0" 14' D" INSTALL 14' CONCRETE POLE INSTALL 14' CONCRETE POLE (SEE DETAILS 7 & 8 ON SHEET D-2) RAD CENTER (SEE DETAILS 7 & 8 ON SHEET D-2) RAD CENTER 13'1-1/2" 13'1-1/2" 09" 09" GROUND LINE ASPHALT \ INSTALL VGR (SEE DETAIL 2 ON SHEET D-2) \ INSTALL VGR. j (SEE DETAIL 2 ON SHEET D-2) LA S!G 3 3 �p I'ITLE cTN1. GrolICROWN CASTLE NG WEST LL ,00a _ Rua..rs i_oo IR�]M1t.CA Communications PROPRIETARY INFORMATION TI—FORMATIO' CON NED IN THIS SFT OF D—NCS ISP RIETARY AND f-NTIAL TO AT ANY USE OR DISCLOSURE OTHER TH NAS IT RELATES TO AT&T 1-11—Y PROHBITED. DIG&M immmcxocnr sexvl�-�. A1.EaT ASG33 ACROSSFROM 6480 CHARTERS DR RANCHO PALOS VERDES, CA POLE PROFILE D RG F 10/2611}6 1 v7 ev �.o p-2 i CROWN CASTLE v _ 'Y -•..� it's To of Antenna K V t r ry�'_ir 4r t q !J � •H M Existing Site a Y S. ASG33 e e Proposed Site ASG33 Vicinity Map LOOKING NORTHEAST ASG33 PHg4E II �R�242727�n� CCROWN CASTLE NG WEST LL 3m SPECIRIRd �TT3'R 330.:TE. 3,OU ��,rJ6. cansln acme] ,an.w.�w Communications ssJ m He3aa.sucrssa caR3.seaD cn rxm 3'HOXNB f-W39S>vIU (]W303N935 PROPRIETMYHFORk 0' ,HEIrcoRnwTaR carrtaHED rcJrws 'DISEf OF DRRWINGS I�PROPRIETNM M3D mRncelJTw�ro air. urcusEOR p5LLO5UtE OTHER A4IT REIA]ES TO pTdT IBSTRICIty PROH9rED. rven O ASG33 ACROSSFROM 6480 CHARTERS DR RANCHO PALOS VERDES. CA PHOTOSIM c RG Sr. td]6�t6 rev B-11 CCROWN CCASTLE September 14, 2017 Emily Colboni, City Clerk City Clerk's Office 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 200 Spectrum Center Drive Suite #1800 Irvine, Ca. 92618 CrownCastle.com Re: Crown Castle NG West LLC: Notice of Appeal of ASG -33 - Across from. 6480 Chartres Drive Dear Ms. Colborn, Crown Castle NG West LLC ("Crown Castle") hereby appeals the Planning Commission's July 25, 2017, denial of the above -referenced Major Wireless Telecommunications Facilities Permit application ("Denial"), pursuant to City of Rancho Palos Verdes Municipal Code ("RPVMC") section 12.18.060. D and 17.80.030.A ("Appeal"), The Appeal rests on the following grounds, among others: (1) The Denial prohibits, or has the effect of prohibiting, the provision of personal wireless services in violation of 47 U.S.C. section 332 (c)(7)(B)(i)(II). (2) The Denial is not supported by substantial evidence contained in a written record in violation of 47 U.S.C. section 332 (c)(7)(B)(iii). (3) The Denial is based, in part, on the perceived environmental effects of radio frequency emissions in violation of 47 U.S.C. section 332 (c)(7)(13)(iv). (4) The Denial is unlawful, since it violates Crown Castle's vested right to deploy its facilities in the public rights-of-way, in violation of Public Utilities Code section 7901. The Denial exceeds the limited time, place and manner controls set forth by Public Utilities Code section 7901.1. Crown Castle reserves the right to supplement its reasons for the Appeal, and otherwise supplement the administrative record with its own evidence and points of law up to the date of the City Council hearing on this Appeal. Very truly yours, A� lyr� Mws:111Ws Aaron Snyder, Crown Castle NG West LLC 7104273.1 The Foundation for a Wireless World. CrownCastle.com C-1 P.C. RESOLUTION NO. 2017-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING, WITHOUT PREJUDICE, WIRELESS TELECOMMUNICATIONS FACILITY ASG NO. 33 FOR THE INSTALLATION OF 14 -FOOT TALL REPLACEMENT STOP SIGN POLE TO ACCOMMODATE PANEL ANTENNA ENCASED IN A 2' TALL CANISTER WITH A 3.5' TALL TAPERED CANISTER SHROUD AT THE TOP OF THE POLE WITH RELATED VAULTED MECHANICAL EQUIPMENT AT THE NORTHEAST CORNER OF CHARTRES DRIVE AND CARTIER DRIVE. WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or Municipal Code) governs the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities ("WTFs") in the City's public right-of-way ("PROW") (RPVMC § 12.18.010); WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to the City for an Wireless Telecommunications Facility Permit (11 TFP"), 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. 33 at the northeast corner of Chartres Drive and Cartier Drive; WHEREAS, the original proposal called for a new 14 -foot tall steel pole with 21.4 -inch panel antennas; WHEREAS, the alternative proposal calls for a replacement 14 -foot tall stop sign pole measuring 12" in diameter with panel antennas encased in a 2' tall canister with a 3' tall tapered canister shroud; WHEREAS, the Project also includes vaulted mechanical equipment including the radio and auxiliary equipment, as well as the SCE meter box in a secondary vault. The project consists of a total of three vaults measuring approximately 43 square feet; 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 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; P.C. Resolution No. 2017-25 Page 1 of 7 01203.0015/403998.2 D-1 WHEREAS, on August 22, 2017, after considering testimony and evidence presented at the public hearings, the information and findings included in the Staff Report, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes moved to deny, without prejudice, ASG No. 33 and directed Staff to come back with a denial resolution for adoption at its August 30, 2017 meeting; 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 at the northeast corner of Chartres Drive and Cartier Drive, B. Replace an existing 11' tall stop sign pole with a 14' tall steel stop sign pole measuring 12" in diameter to be painted brown to visually blend with the surrounding environment. A 2' tall and 2' outside diameter cylinder -shaped canister with a 3' tall tapered canister shroud that encases the panel antennas and wires, will be placed at the top of the pole; and, C. 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. Section 2: The findings required to be made by the Planning Commission for the approval of a WTF permit, as set forth in Chapter 12.18 of the RPVMC, have not been made as follows: A. The Project does not meet the Findings required by Section 12.18.090, Subsection B, of the Municipal Code, which particularly requires that "[t]he proposed facility has been designed and located in compliance with all applicable provisions of this chapter," as follows: 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 immediate neighborhood does not have above ground utilities, with the exception of street regulation signs, and the proposed replacement pole with the antennas affixed to the top of the pole albeit contained in a canister shroud, at a height of 14', does not blend with the surrounding environment and would visually P.C. Resolution No. 2017-25 Page 2 of 7 01203.0015/403998.2 D-2 impact the character of the neighborhood as experienced from the public right-of- way. The proposed installation and support equipment does not meet the "non- dominant design" standard requiring a facility to be compatible with the surrounding environment. The overall size of the proposed antenna and canister shroud on top of a stop sign, in its proposed location, is a dominant feature that is out -of -character to the surrounding neighborhood as there are no other structures or natural features in the immediate area with a similar size and shape that would lend themselves to screening or blending the facility into the built environment. The proposed antenna design is of a size and shape that the stop sign itself would be dominated by said antenna, and there are no similar vertical elements in the neighborhood, thus making the proposed facility the dominant feature at this residential intersection. A preferred design would present equipment that is seamlessly integrated into the sign pole or a "slim -line" design that does not present the antenna nodes as the dominate feature on this stop sign. 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 area in which this project is proposed consists of non -dense, upscale residential structures with well-maintained manicured landscaping and parkways. The proposed steel color and materials of the proposed replacement stop sign will not visually blend with the surrounding environment. The replacement stop sign pole, at a height of 14', is visually intrusive as there are no similar vertical elements in the neighborhood, thus making the proposed facility the dominant feature at this residential intersection. The "industrial -utility" looking style of the proposed facility is incompatible with the style and quality of the surrounding residential neighborhood. Additionally, the antenna shroud is much wider than the sign pole at the point of attachment. This has the effect of creating greater mass and bulk than now exists and will have the negative effect of being more visible. By drawing more attention, these facilities will reduce the desirability of this residential neighborhood. The proposed installation and support equipment is not compatible with the surrounding environment. The overall size of the proposed antenna on top of a stop sign, in its proposed location, is a dominant feature that is out -of -character to the surrounding neighborhood as there are no other structures or natural features in the immediate area with a similar size and shape that would lend themselves to screening or blending the facility into the built environment. The City of Rancho Palos Verdes' streets, parkway- and median- landscaping, and public utilities P.C. Resolution No. 2017-25 Page 3 of 7 01203.0015/403998.2 D-3 within the rights-of-way have been planned and constructed to achieve an attractive appearance which includes minimizing the number and appearance of utilities and related equipment, particularly in residential areas. In addition, the introduction of the antenna and underground equipment necessary for this project may lead to a proliferation of utility equipment that would otherwise not be located in the right-of-way. Therefore, this project will detract from the visual appearance of the streetscape. These incremental changes to the improvements in the right- of-way will lead to the deterioration of the City's well-maintained streetscapes, and will establish a precedent for additional facilities in the public right-of-way. Consequently, the proposed facility is not sufficiently compatible with matters of urban design and the long-term maturation of this residential neighborhood— especially in light of the fact that the Applicant did not establish the presence of a significant gap in coverage that would necessitate the proposed facility (discussed below). 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 record presented no evidence of the proposed antennas being situated as close to the ground as possible. The replacement stop sign pole will be 3' taller than the existing pole and approximately 12" wide in diameter, and has not been designed to resemble the existing pole to the maximum extent feasible. The proposed 14' tall stop sign pole that will house the panel antennas in a cylinder shaped canister measuring approximately 2' tall with a 3' tall tapered shroud sleeve has not been designed to be slim to an extent that maximally blends with the verticality of the pole, and is not the least intrusive design based on industry standards found for other antenna poles. 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 immediate neighborhood does not have above ground utilities, with the exception of street regulation signs, and the proposed replacement pole with the panel antennas affixed to the top of the pole albeit encased within a canister, at a height of 14', does not blend with the surrounding environment and would visually impact the character of the neighborhood as experienced from the public right-of- way. P.C. Resolution No. 2017-25 Page 4 of 7 01203.00151403998.2 D-4 The proposed installation and support equipment does not meet the design standard requiring a facility to be compatible with the surrounding environment. The overall size of the proposed antenna on top of a stop sign, in its proposed location, is a dominant feature that does not resemble in appearance or dimension any other features in the surrounding neighborhood because there are no other structures or natural features in the immediate area with a similar size and shape that would lend themselves to screening or blending the facility into the built environment. The proposed antenna design is of a size and shape that the stop sign itself would be dominated by said antenna, the intersection at which the pole is proposed would be dominated by the antenna, and there are no similar vertical elements in the neighborhood, thus making the proposed facility a non- conforming feature in appearance and dimension. A preferred design would present equipment that is fully integrated into the sign pole or a "slim -line" design that much more closely resembles an actual residential street sign, as opposed to a sign topped with a utility transformer. 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 pole would take up much more right-of-way space compared to the existing street sign/stop sign pole, with the antennas on top of the replacement pole occupying much more air space above the right-of-way than other feasible "slim -line" or pole -integrated designs found in the industry. 12.18.080(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 stop sign pole design may cause an obstruction to the public's use of the PROW, constitute a safety hazard, and/or interfere with a City -defined intersection visibility triangle. Specifically, the proposed antenna design is of a size and shape that the stop sign itself would be dominated by said antenna, detracting from the visibility and discernibility of the stop and directional signage, thus making the proposed facility a potential distraction to drivers. B. The Project does not meet the Findings required by Section 12.18.190, Subsection B.2, of the Municipal Code, which particularly requires that "[t]he applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area," as follows: The "technical service objective" identified by the Applicant in all application documents is the coverage of a "significant gap" in coverage. The wireless P.C. Resolution No. 2017-25 Page 5 of 7 01203.0015/403998.2 D-5 service area to be served by the proposed facility only encompasses about 20-30 homes and is not located upon a major highway or thoroughfare serving many in - vehicle users. To the extent any dead zone or dropped -call area was found to exist, such area was found to be very small, possibly no larger than the size of the street intersection itself. The Applicant is not entitled to seamless or perfect coverage in every area it serves, and the existence of a small "dead spot" in coverage is hereby found to be an insignificant deficiency in Applicant's existing coverage in the area. C. The Project does not meet the Findings required by Section 12.18.090, Subsection E, of the Municipal Code, which particularly requires that "[t]he 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," as follows: The Applicant has not provided a meaningful alternative comparative analysis and the proposed project is not found to be the preferred design. See above discussions in regards to RPVMC §12.18.080 for further detail, which discussions are incorporated here. Furthermore, there is inadequate documentation to support a conclusion that no other design alternative exists that might better conceal the proposed facilities from public view and/or minimize the addition of vaulted equipment within the PROW. Opportunities to locate wireless facilities in remote locations deserve greater consideration as an alternative. This could result in the identification of remote wireless installations that provide adequate coverage to homes in this residential neighborhood. Section 3: 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 Thursday, September 14, 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 Thursday, September 14, 2017. Section 7: For the foregoing reasons and based on testimony and evidence presented at the public hearings, 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 denies, without prejudice, ASG No. 33 for the proposed wireless telecommunication facility installation at the northeast corner of Chartres Drive and Cartier Drive. P.C. Resolution No. 2017-25 Page 6 of 7 01203.0015/403998.2 A e PASSED, APPROVED AND ADOPTED this 30th day of AUGUST 2017, by the following vote: AYES: Commissioners Bradley, Nelson, Emenhiser, and Chairman Cruikshank NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioners Leon and Tomblin, and Vice -Chair James Ara a , AICP Community Development Director; and, Secretary of the Planning Commission John M. Cruikshank hairman P.C. Resolution No. 2017-25 Page 7 of 7 01203.0015/403998.2 D-7 CITY OF tARANCHO PALOS VERDES STAFF REPORT 4' `y'• Monaco �nta o N a N Q� rd Rancho Palos Verdes SITE LOCATION TO: CHAIRMAN AND MEMBERS OF THE A1,rh. PLANNING COMMISSION Robert E NICOLE JULES, DEPUTY DIRECTOR OF Ryan LLLL�T Community 1 � park NITS - TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: NICOLE JULES, DEPUTY DIRECTOR OF PUBLIC WORKS ARA MIHRANIAN, DIRECTOR COMMUNITY DEVELOPMENT DATE: AUGUST 22, 2017 SUBJECT: WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 33 PROJECT ADDRESS: ACROSS 6480 CHARTRES DRIVE APPLICANT: AARON SNYDER (CROWN CASTLE) LANDOWNER: CITY OF RANCHO PALOS VERDES STAFF ART BASHMAKIAN, CONTRACT COORDINATOR: PLANNER REQUESTED ACTION: A REQUEST TO INSTALL A NEW 14' TALL POLE TO ACCOMMODATE A WIRELESS TELECOMMUNICATION FACILITY WITH RELATED MECHANICAL EQUIPMENT. RECOMMENDATION: ADOPT P.C. RESOLUTION NO. 2017- APPROVING, WITH CONDITIONS, WIRELESS TELECOMMUNICATIONS FACILITY ASG NO. 33 TO ALLOW THE INSTALLATION OF A 14' TALL REPLACEMENT STOP SIGN POLE TO ACCOMMODATE A 2' TALL MOUNTED ANTENNA ENCASED IN A 3.5' TALL CANISTER AT THE TOP OF THE POLE WITH RELATED VAULTED MECHANICAL EQUIPMENT. LAND USE: PUBLIC RIGHT-OF-WAY CODE SECTION: RPVMC CHAPTERS 12.18 AND 17.02 ACTION DEADLINE: SEPTEMBER 30, 2017 (SHOT CLOCK) E-1 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 2 PLANNING COMMISSION MEMBERS RESIDING WITHIN 500' OF SUBJECT PROPERTY: NONE PRE -COMMISSION DISCLOSURES: PRIOR TO THE TAKING OF PUBLIC COMMENT ON THIS ITEM, ANY PLANNING COMMISSIONERS THAT CONDUCTED ON-SITE INSPECTIONS OR ENGAGED IN EXTRA - HEARING DISCUSSIONS RELATING TO THIS ITEM SHOULD DISCLOSE SUCH EXTRA -HEARING EVIDENCE AS PART OF THE HEARING RECORD BACKGROUND Crown Castle, the Applicant, is a tower company hired by wireless companies for the purposes of acquiring sites for the construction and deployment of wireless telecommunications antennas throughout local jurisdictions. Pursuant Chapter 12.18 of the Rancho Palos Verdes Municipal Code (RPVMC), Crown Castle is proposing to install approximately 26 new antennas in the City's public right-of-way (PROW), subject to review by the Planning Commission, to provide services to AT&T consumers throughout the City. On May 26, 2016, Crown Castle submitted an application, proposing to install Wireless Telecommunications Facility ASG No. 33 in the public right-of-way (PROW) across from property located at 6480 Chartres Drive. The City notified Crown Castle that the application documents were incomplete after three resubmittals. Notices were sent to Crown Castle on June 27, 2016, December 7, 2016 and February 15, 2017. Ultimately, Crown Castle submitted documentation to obtain a mock-up permit. The mock-up of the proposed installation was constructed on June 1, 2017. On May 23, 2017, the Applicant (Crown Castle) received a Public Works Encroachment Permit to install a temporary mock-up of a proposed wireless telecommunications facility. The temporary mock-up was installed on June 1, 2017. On May 25, 2017, a notice was sent to property owners within a 500 -foot radius announcing the installation of the mock-up. On July 6, 2017, a public notice was published in the Peninsula News announcing that a public hearing on the proposed facility is scheduled to occur on July 25, 2017. Similarly, public notice letters were mailed to property owners within a 500' radius of the proposed site inviting public comments on the proposed facility. On July 25, 2017, the Planning Commission opened the public hearing and received public testimony, including Staff's and the Applicant's presentations. The Planning Commission is to review certain wireless telecommunication facilities proposed in the public right-of-way based on, among other things, design assessment and location. Due to breadth and scope of the public testimony and the limited information presented at the meeting, the Commission continued the public hearing to its August 8t" meeting and directed staff to come back with certain information for its consideration. On August 8, 2017, as recommended by Staff, the Planning Commission continued, without discussion, this item to its August 22, 2017 meeting to allow Staff additional time to complete its analysis. E-2 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 3 Since the July 25th meeting, Staff has been working with the Applicant to address the concerns raised by the Planning Commission particularly seeking design alternatives that suited the "least intrusive" Code requirement. Additionally, Staff has been working with the City's RF Engineer, Lee Afflerbach, to complete the coverage gap analysis requested by the Planning Commission. In response, Staff has reassessed and updated its analysis, including the required Findings, in this Staff Report for the Planning Commission's consideration. SITE DESCRIPTION The proposed site is located entirely within the PROW, near the Northeast corner of Chartres Drive and Cartier Drive. The node is located on the inward side of a curving hillside road. The area has some mature trees and shrubs on the slope between the proposed WTF and houses up the slope. The location of the existing stop sign is approximately 65 feet from the location of the original mock-up pole. PROJECT DESCRIPTION Original Proposed Project The proposed Project as originally submitted and presented to the Planning Commission on July 25th proposed to install a new 14' tall pole with two 21.4" panel antennas that would be affixed at the top of the pole. The related mechanical equipment was originally proposed to be ground -mounded (adjacent to the street pole) consisting of 8.04 cubic feet of equipment boxes in the PROW, two ions and a power meter. Below is a photograph of the existing site and a photo simulation, prepared by the Applicant, of the site with the then -proposed installation: Proposed Site itop of Antenna E-3 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 4 Proposed Alternative Locations In addition to the original proposed project, the Applicant has proposed similar small cell nodes (antennas) at the following 4 alternative locations (see attached site map): • 17 -foot tall replacement traffic/stop sign pole at the northeast corner of Cartier Drive and Chartres Drive. • 14 -foot tall free-standing pole 70 -feet from the original proposed location on the south side of Chartres Drive adjacent to the driveways for 30200 Cartier Drive and 6479 Chartres Drive. • 14 -foot tall free-standing pole approximately 55 -feet northwest of the original proposed location on the east side of Cartier Drive adjacent to 30182 Cartier. • 14 -foot tall free-standing pole approximately 660 -feet east of the original proposed location on the north side of Chartres Drive approximately 10-15 feet from the driveway of 6443 Chartres Drive. Revised Project In response to the Commission's discussion at the July 25th meeting, as well as Staff input during a field visit, it was determined that in order to avoid the installation of a new pole, which is contrary to the policies set forth in the General Plan to avoid the installation of above -ground infrastructure, the proposed project was revised based on the traffic/stop sign alternative described above. As revised, the project now proposes to replace the existing 11' tall stop sign at the northeast corner of Cartier Drive and Chartres Drive with a 14' tall stop sign that would house the proposed two panel antennas and related wires in a 3.5' tall cylinder -shaped shroud mounted canister that measures approximately 2' in outside diameter (O.D.). The stop sign will be conditioned to be approximately 12" in diameter to seamlessly blend in with the proposed 2' diameter canister and will be painted brown to blend with the natural setting. Additionally, the pole will include a stop sign and the street name signs for Cartier Drive and Chartres Drive. Additionally, the Applicant has agreed to vault the related mechanical equipment including the radio and auxiliary equipment, as well as the SCE meter box in a secondary vault. There will be a total of three vaults measuring approximately 43 square feet. Below is a photo simulation, prepared by the Applicant, of the site with the proposed installation (note that the simulations do not exactly resemble the conditions Staff proposes): PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 5 CODE CONSIDERATION AND ANALYSIS In accordance with Chapter 12.18 of the RPVMC, the Planning Commission may approve, or conditionally approve, an application only after it makes the findings required in Section 12.18.090. Because the Applicant is proposing to install the facility in PROW of a local street as identified in the General Plan and within a residential zone, the subject application is also subject to Location Restrictions of Section 12.18.200. As such, the Planning Commission shall not grant any exception unless the applicant "demonstrates with clear and convincing evidence" responses to Findings 1 - 4 of Section 12.18.190(B). As reported earlier, Staff is providing the Planning Commission with the following updated analysis of the required Findings. FINDINGS OF FACT Pursuant to Section 12.18.090 of the Rancho Palos Verdes Municipal Code (RPVMC), no permit shall be granted for a Wireless Telecommunications Facility in the PROW unless all of the following Findings are made: 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. Further, 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. Additionally, the Applicant has notified the City 20 days prior to the expiration of the shot clock for this application, which was September 1, 2017. However, on August 7, 2017, the Applicant provided the City with a Shot Clock Tolling Agreement (See Attachment) establishing a new Shot Clock Expiration date of September 30, 2017. Accordingly, all notice requirements have been met. B. The proposed facility has been designed and located in compliance with all applicable provisions of this chapter. Chapter 12.18 of the RPVMC has detailed requirements for wireless telecommunications facilities in the ROW. Specifically, Section 12.18.080 lists the design and development standards for these installations. The applicable sections relevant to the findings are listed and evaluated below (italics text is the code requirement followed by Staff's analysis). 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 E-5 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 6 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. When the Commission considered this application at its July 25th meeting, the mechanical equipment was proposed to be above ground. And in response, Staff had recommended a condition of approval requiring the undergrounding of the equipment unless it could be demonstrated that it is infeasible. The Applicant has now concluded that the accessory equipment could be placed underground. The original proposed antennas were attached to a new steel pole as shown in the photo simulations. The modified design will employ a less intrusive design as a new pole will not be added in the area, and instead the existing 11' tall stop sign (with the attached street name panels) pole will be replaced with a new pole integrating the stop sign and street names with a 3.5' tall cylinder -shaped canister housing the antenna panels and wires on top of the replacement stop sign pole. The overall height will be 14'. A new view analysis was conducted by City staff and it was determined that the modified design would not have any significant view impairment to the surrounding area. Staff had previously determined that the original proposal also did not have any significant view impairment to surrounding properties. Staff prefers this alternative to avoid the installation of a new pole in a neighborhood that does not above ground poles aside from street signs. Further, the proposed cylinder shroud design may be visually less -intrusive compared to the original "side -mounted" panel design because the vertical shroud design presents a slimmer side view that blends more cleanly with the verticality of the stop sign pole. Additionally, as previously reported, Staff determined that the replacement stop sign pole is in line with the vision and policies set forth in the General Plan by minimizing the installation of new above -ground infrastructure. 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 original proposal involved the placement of WTF on a new 14 -foot steel pole to be painted at the direction of City staff to blend compatibly with the immediate surrounding. The antenna panels were required to be painted to match the pole. It was also determined that the existing landscaping provided partial screening of the new pole and mechanical equipment. However, the current proposal E-6 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 7 eliminates the need to install a new pole in the neighborhood by replacing the existing stop sign pole with a new 14' tall pole that will house the antenna panels and wires within a 3.5' tall cylinder -shaped canister that measures 24" in diameter on top of the replacement stop sign pole. Staff is recommending a condition that would require the pole to be approximately 12" in diameter to seamlessly blend with the canister and to be painted brown to visually blend with the surrounding environment. Lastly, the Applicant has agreed to vault the related mechanical equipment and the vents and SCE meter will be flush with the ground. A low retaining wall, measuring approximately 1.5' high at approximately 43 square feet in area will be needed to accommodate the vaulted equipment. This space is the least amount of space that is technically feasible. Additionally, integrating the antenna in a replacement pole structure within the existing stop sign and street names, will be a less intrusive design than installing a new pole in the neighborhood if the objective is to minimize the erection of new poles. 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 9 7.02.040 (View Preservation and Restoration). This provision shall be applied consistent with local, state and federal law. In terms of views of the original proposal, on July 14, 2017, Staff conducted a view analysis and based on a view assessment of the neighborhood, Staff determined that the proposed 14 -foot tall pole with the antennas would not impair the public view from the surrounding view areas including those views from Cartier Drive and Chartres Drive, and would not result in a significant view impairment to surrounding residences. In response to the revised proposal, an additional view analysis was conducted on August 10, 2017 from the neighboring property and concluded that the modified design would not impair the public or private views from the surrounding viewing areas and in particular from 30182 Cartier Drive. The proposed replacement pole would be below views of the ocean from neighboring viewing areas, and remains below grade from surrounding home views. Furthermore, the site 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 replacement stop sign pole and affixed equipment will consist of colors and mater,als that are subdued and non_;ef!ective (see "hove photograph). Further, Staff recommends that the pole be painted brown to visually blend with the surrounding environment and include street signs (i.e. street names and stop E-7 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 8 sign). Lastly, the retaining wall that will be constructed to accommodate the vaulted mechanical equipment will utilize block material that 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 Applicant's original project proposed the installation of a new 14' tall pole with 21.4" tall antennas. However, since the July 25th meeting, the proposal has been revised so that the antennas will be housed in a cylinder shaped cover approximately 3.5' tall at 2' diameter. The height of the pole to the top of the antenna will be 14' as well (which is no taller than the original proposed design). This modified design option eliminates the introduction of a new pole structure in the neighborhood. Although both projects would be visible, the least visible would be the cylinder designed antenna integrated with the stop sign, which presents a slimmer side view that blends more cleanly with the verticality of the sign pole. Furthermore, if the pole was shorter than 14', in order to meet the stated coverage objective additional poles would need to be installed. In regards to possible future collocations, in order to accommodate such additional antennas, the height of the stop sign pole, or any pole for that matter, will have to be increased since there needs to be a separation of at least 1' between antenna panels for functionality purposes. 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 street as identified in the City's General Plan. Therefore, the Planning Commission shall not grant an exception unless the findings for an Exception can be demonstrated as detailed further below. 12.18.080(A)(6)(b) and (h): 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. PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 9 The proposed WTF is pole -mounted. Under RPVMC Section 12.18.080(6)(h), an exception shall be required to place a new pole in the public right-of-way based on the following: 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 proposal first considered by the Commission involved a WTF installation on a new steel pole to be painted at the direction of City staff to blend compatibly with surroundings. But the optional integrated stop sign design eliminates the need for a new or additional pole as the existing street sign with the stop sign can be replaced with an integrated pole that with the street names, the stop sign and canister cylinder on top of the pole. The replacement pole will be approximately 3' taller than the height of the existing 11' tall stop sign pole. ii. Such new poles that are not replacement poles shall be located at least 90 feet from any existing pole to the extent feasible. Not applicable if the alternative stop sign integrated design is selected. But it should be noted the absence of light poles and utility poles in the general area. iii. 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 blend the pole with said features including but not limited to the addition of vegetation if appropriate. Based on a view assessment of the neighborhood, Staff had determined that the originally proposed 14 -foot tall pole with the WTF would not impair the public view, as defined by the General Plan, from the surrounding viewing areas including those views from Cartier Drive and Chartres Drive. The pole is at a lower grade from the building pads of the neighboring residence and will not adversely impact views. The originally proposed WTF location is partially concealed by existing landscaping. Similarly, the replacement stop sign pole design with the integrated stop sign and street name signs would not impair the public view, as defined by the General Plan, from surrounding viewing areas including those views from Cartier Drive and Chartres Drive. Although this design eliminates the need for a new vertical structure in the E-9 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 10 area, the stop sign location is more noticeable compared to the pole location of the original proposal. 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 integrated stop sign option would not be considered a new pole. Therefore, this finding is not applicable. However, with the absence of street light poles and utility poles, and if the replacement stop sign pole is not an option, than the only other option is the original proposal. The Applicant's supporting documentation for the original proposal suggests that the antennas are proposed to be installed at the lowest height technically feasible to meet the wireless carriers coverage needs. 12.18.080(A)(6)(d): Light Poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than 16% feet above any drivable road surface. Not applicable because the proposed facility does not entail a light pole. 12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible. The replacement stop sign pole will be 3' taller than the existing pole and approximately 12" wide in diameter, but the design, appearance and dimensions resemble the existing pole to the maximum extent feasible. A smaller antenna technology is possible, but smaller antennas will require the installation of many more poles in the neighborhood to achieve the same coverage and capacity. Thus, smaller antennas could negate the objective of limiting the introduction of new infrastructure including poles and accessory equipment (radios, fans, etc.). The replacement stop sign pole will match the appearance, in terms of color, finish, and signage style as other sign poles in the immediate area. Although the proposed stop sign pole will be taller than other sign poles in the immediate area, this consideration is greatly offset by a preference for using existing infrastructure rather than cnngtrim inn of a whnlly new pole. E-10 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 11 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. According to the plans submitted by the Applicant, all cables will be encased within the pole and proposed canister, thus hidden from views from the neighboring properties and the PROW. 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 pole would not take up much more right-of-way space compared to the existing street sign/stop sign pole. The placement of the antennas on top of the pole will occupy limited air space above the right-of-way The mechanical structure will be undergrounded and the three vaults necessary to house the equipment measures approximately 43 square feet in total area. This space is the least amount of space that is technically feasible for equipment owned by AT&T. Furthermore, the space that will be occupied is below the surface with minimum exhaust vents that will be flush to the surrounding ground. Additionally, the SCE meter box will also be vaulted. 12.18.080(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. Pursuant to the application documents submitted to the City, the proposed installation complies with all building codes related to wind loads as confirmed by the City Engineer and City consultants. 12.18.080(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. Pursuant to the application documents submitted to the City, the originally proposed WTF installation and the modified integrated stop sign pole design would not cause an obstruction to the public's use of the PROW, constitute a safety hazard and/or does not interfere with a City -defined intersection visibility triangle. Specifically, the proposed project is not located in a paved sidewalk or walking area established for regular pedestrian use, preserves the same/current signage purposes and setback parameters applicable to other street signs. E-11 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 12 12.18.080(l 0): 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. originally proposed installation and the modified integrated stop sign pole design would not interfere with any public health or safety facilities. C. If applicable, the applicant has demonstrated its inability to locate on existing infrastructure. The integrated stops sign pole design demonstrates the ability to locate on existing infrastructure (replacement with new pole). With regards to the original proposal, the Applicant's supporting documentation suggests that the antennas are proposed to be installed at the lowest height technically feasible to meet the wireless carriers coverage needs. Further, there are no existing street light or utility poles in the immediate area to support a WTF in the PROW area of Applicant's purported coverage gap. 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. City's consulting RF Engineer has reviewed the Applicant's alternative site analysis, and concurs that the originally proposed design and the integrated stop sign design are the least intrusive means and the alternative locations and E-12 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 13 designs were not technically feasible. As mentioned before, it's possible to use smaller antennas but that would require tripling or quadrupling the number of facilities throughout the community to provide equal coverage and capacity. This would require the introduction of new pole structures where there are no street lights or utility poles and would require the installation of associated accessory equipment on poles or above ground (when undergrounding is not possible). Such additional equipment and additional poles and antennas would negate the objective of installing the least intrusive systems. Other locations and designs considered for purposes of filling the coverage gap claimed by the Applicant and discussed by the City's RF Engineer (attached) presented the following intrusions, which Staff determined to be more intrusive then the proposed project as revised: • Staff finds locations that utilize an existing or replacement pole (in this case, a sign pole) to be preferable to a whole new pole. • A smaller or lower pole could be utilized, but it would require a multiplicity of wireless poles in the gap area claimed by the Applicant and discussed by the City's RF Engineer (attached), as opposed to having one AT&T pole in this area. • Alternate antenna designs, such as the side -mounted open panels originally proposed, were found by Staff to be bulkier in appearance and less streamlined than the vertical shroud design now proposed. • Staff looked at other design options from other (non -AT&T) carriers. While some carriers offer antenna panels that may be smaller in overall size, such designs from other carriers are not engineered to carry the bandwidths owned by AT&T. FINDINGS FOR EXCEPTIONS Section 12.18.190 of the RPVMC states "Exceptions" provide: "The city council recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. The city council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for proposals in which strict compliance with this chapter would effectively prohibit personal wireless services serves the public interest. The city council further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promotes clarity and the city's legitimate interest in well-planned wireless facilities deployment. Therefore, in the event that E-13 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 14 any applicant asserts that strict compliance with any provision in this chapter, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the planning commission may grant a limited, one-time exemption from strict compliance subject to the provisions in this section. " Section 12.18.190(8) states that the Planning Commission shall not grant any exception unless the applicant demonstrates with clear and convincing evidence in support of the following findings clear and convincing evidence in support of the following findings (Finding shown in bold text followed by Staff's analysis): 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 Applicant has provided sufficient information to establish that 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. 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 City's consultant concluded that the proposal as provided will address coverage deficiencies within the target area. Furthermore, according to the City's consultant, 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. However, information provided about existing and proposed coverage in the service area for each of the three AT&T licensed wireless bands (700 MHz, PCS and AWS) are less clearly defined; this is due to the extremely rugged and varied terrain associated with the surrounding landscape. The City's consultant also concluded that from an engineering perspective, 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 I II I lel Ided levels to support modern loder 1 I JV%'Ai�V customer needs. Furt1 her , the engineering design provided by Crown Castle supports that, if constructed, DAS E-14 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 15 site ASG 33 will provide ample signal intensity (signal level in excess of -95 dBm) to support AT&T's 3G/4G wireless services. While the City's RF Engineer found evidence of a gap in signal levels, the question of whether such gap constitutes a "significant" gap lies within the discretionary purview of the Planning Commission, subject to the limitations that Applicant evidence must be considered as "primae facie" evidence that can be rebutted with site-specific, non -speculative, and non -generalized objective analyses. Courts have made clear that this is a fact -based judgment. "[T]he existing case law amply demonstrates that `significant gap' determinations are extremely fact -specific inquiries that defy any bright -line legal rule." (MetroPCS, Inc. v. City and County of San Francisco (9th Cir. 2005) 400 F.3d 715, 733.) There is a wide range of context -specific factors in assessing the significance of alleged gaps. (See, e.g., Cellular Tel. Co. v. Zoning Bd. of Adjustment of the Borough of Ho—Ho—Kus (3d Cir. 1999) 197 F.3d 64, 70 n. 2 [whether gap affected significant commuter highway or railway]; Powertel/Atlanta, Inc. v. City of Clarkston (N.D.Ga. Aug.3, 2007) No. 1:05—CV-3068, 2007 WL 2258720, at *6 [assessing the "nature and character of that area or the number of potential users in that area who may be affected by the alleged lack of service"]; Voice Stream PCS 1, LLC v. City of Hillsboro (D.Or. 2004) 301 F.Supp.2d 1251, 1261 [whether facilities were needed to improve weak signals or to fill a complete void in coverage]; Nextel Partners, Inc. v. Town of Amherst (W.D.N.Y.2003) 251 F.Supp.2d 1187, 1196 [gap covers well traveled roads on which customers lack roaming capabilities]; Am. Cellular Network Co., LLC v. Upper Dublin Twp. (E.D.Pa.2002) 203 F.Supp.2d 383, 390-91 [considering "drive tests"]; Sprint Spectrum, L.P. v. Town of Ogunquit (D.Me. 2001) 175 F.Supp.2d 77, 90 [whether gap affects commercial district]; APT Minneapolis, Inc. v. Stillwater Twp. (D.Minn. June 22, 2001) No. 00-2500, 2001 WL 1640069, at *2-3 [whether gap poses public safety risk].) 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. As noted earlier, the Applicant has proposed similar small cell nodes (antennas) at the following 4 alternative locations (see attached site map): 17 -foot tall replacement traffic/stop sign pole at the northeast corner of Cartier Drive and Chartres Drive. 14 -font tall free-StanrJinn pole 70 -feet from the nrininal prnpnSed location on. the south side of Chartres Drive adjacent to the driveways for 30200 Cartier Drive and 6479 Chartres Drive. E-15 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 16 • 14 -foot tall free-standing pole approximately 55 -feet northwest of the original proposed location on the east side of Cartier Drive adjacent to 30182 Cartier. • 14 -foot tall free-standing pole approximately 660 -feet east of the original proposed location on the north side of Chartres Drive approximately 10-15 feet from the driveway of 6443 Chartres Drive. An alternative location or design was discussed between Staff and the Applicant, and in response to Commission comments (to consider various pole designs) and discussions with the Applicant, the alternative antenna design - cylinder shaped shrouded antenna integrated with the existing stop sign pole -was presented as an alternative option to the original proposal (July 25th). The Applicant has provided comparative analysis of four other locations in the area. One of the alternatives is the replace the existing stop sign pole. Out of the four sites, one does not meet the RF coverage objective. But, the other three sites, including the originally proposed site and the alternative integrated stop sign design, do meet the RF objective. It should be noted that aside from the proposed stop sign pole, the other sites would require a new pole installation which would not be the least intrusive design. The City's RF Engineer has also reviewed the alternative locations and concludes that limited coverage areas of the DAS units limit or confine site selection. The overall coverage area is confined by the limited service area of DAS technology and location of the specific signal gap areas that are to be addressed. The alternatives would be selected based on aesthetic considerations as the overall coverage areas is confined by the limited service area of DAS technology and location of the specific signal gap areas that are to be addressed. Also, because of the limited commercially zoned areas in the City and limited collector or arterial streets, in order to provide coverage and capacity to the residential areas of the City, it's necessary to locate within the right-of-way of local streets. Furthermore, because of the limited commercially zoned areas in the City and limited collector or arterial streets, in order to provide coverage to the residential areas of the City, it's necessary to locate with the right-of-way of local streets. The City's technical consultants have reviewed the Applicant's documents and support this conclusion. Further, other locations and designs that may fill the coverage gap claimed by the Applicant and discussed by the City's RF Engineer (attached) presented the following intrusions, which Staff determined to be more intrusive then the proposed project as revised: • As noted above, Staff finds locations that utilize an existing or replacement pole to be preferable to a whole new pole. • A smaller or lower pole could be utilized, but it would require a multiplicity of wireless poles in the gap area claimed by the Applicant and discussed E-16 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 17 by the City's RF Engineer (attached), as opposed to having one AT&T pole in this area. • Alternate antenna designs, such as the side -mounted open panels originally proposed, were found by Staff to be bulkier in appearance and less streamlined than the vertical shroud design now proposed. • Staff looked at other design options from other (non -AT&T) carriers. While some carriers offer antenna panels that may be smaller in overall size, such designs from other carriers are not engineered to carry the bandwidths owned by AT&T. 4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives. As stated previously, existing street lights and utility poles are limited, if any, in this area, thus limiting the opportunity to use existing infrastructure other than the proposed, existing stop sign pole. And, for the reasons stated in finding Number 3 above, the integrated pole design is the least intrusive location and design necessary to reasonably achieve the Applicant's technical service objectives as evaluated by the City's RF Engineer who will be present at the August 22nd meeting. It should be noted that the RPVMC Section 12.18.190(C) provides that the Commission "shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its reasonable technical service objectives. The Planning Commission may adopt Conditions of Approval as reasonably necessary to promote the purposes in this chapter and protect the public health, safety and welfare." Items Requested By the Commission for Further Consideration At the July 25, 2017 meeting, the Commission directed Staff to come back with responses to the following items: • Additional technical information and analysis from the City's RF Engineer; • Current and accurate coverage maps; • Photo simulations of various pole design options (e.g. top mounted shroud or integrated assembly); • A feasibility analysis on alternate sites; • Photo simulations (and plans); • Underground all proposed support equipment; and, • Possible cumulative impacts analysis. E-17 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 18 The above items are listed below in bold with Staff's responses in regular font. 1. Additional technical information and analysis from the City's RF Engineer. As described in the above Finding discussion, attached to this Staff Report is the City's RF Engineer's report and findings on the proposed application, including an analysis of the proposed Alternatives. 2. Current and accurate coverage maps. Attached is coverage analysis for the subject site. As discussed in Item No. 1 above, City's RF Engineer has confirmed the coverage map information leading to site selection by the Applicant reflects industry standards. 3. Photo simulations of various pole design options (e.g. top mounted shroud or integrated assembly). As mentioned in the Project Description section and as shown in the photo simulation above, the top mounted cylinder shaped shrouded antenna integrated with the existing stop sign (and street signs), is the design option Staff recommends. The justification for this design is elaborated in the findings section of the Staff Report 4. A feasibility analysis on alternate sites. Attached is a detailed narrative submitted by the Applicant discussing alternate sites. The analysis has also been reviewed and confirmed by the City's RF Engineer (see Attachment). Staff believes the Applicant has fulfilled this requirement and the analysis has reached reasonable conclusions that the primary site is the better option. 5. Photo Simulations (and plans) Attached for the Commission's review is the visual simulation for the revised project, as well as the original proposed project presented to Commission on July 25th. 6. Underground all proposed support equipment. As stated earlier, the applicant has agreed to underground the related meVhalI1%., l equipment VVIMa IJ a1JV JIIVYYn Vn thV phVtV JlmUICALIW11J. In Vrder LV accommodate the underground vault, a new 1.5' tall retaining wall that will be screened with landscaping will be constructed. E-18 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 19 7. Possible cumulative impacts analysis. Cumulative impacts may relate to RF exposure concerns and visual impacts to the community from the installation of 38 additional DAS nodes With regards to RF concerns, there is no additional impacts simply from the installation of wireless facilities throughout the City as shown in the applicants plans. As long as the antennas are 13.9' or more above ground and the 8' public exclusion zone directly in front and at the same elevation as the antenna is observed, there is no cumulative impacts associated with RF exposure. Unlike cumulative traffic impacts from additional urban development, there is no equivalent cumulative impacts. In other words, the degree of RF does not increase in neighborhoods where it can impact the general population. In terms of cumulative visual or view impacts, Staff does not believe that in this location of the City, if other stop sign poles were replaced to accommodate a similar WTF encased within a cylinder -shaped canister will adversely impact the area. This is because the canister will be placed at the top of the stop sign pole which will not adversely impact pedestrians and motorists. Ordinance No. 580 in part, is charged to ensure that all wireless facilities are installed using the least intrusive means possible. The Code requires that facilities be designed in ways "to minimize visual, noise and other impacts..." The Code recognizes that the community, over time, could eventually have a number of facilities within its public right-of-ways. It's also recognized that facilities will not be necessarily unnoticeable as the Code uses phrases like "minimize visual impacts", "least intrusive means...". The Code recognizes the potential for many facilities within the right-of-way over the coming years. And as long as each facility meets the required findings, and is found to be designed in the least intrusive means possible, the mere permitting of many such facilities would not constitute a cumulative visual or aesthetic impact. ADDITIONAL INFORMATION Radio Frequency (RF) Emissions In compliance with RPVMC Section 12.18.050, the Applicant provided the City with "an RF exposure compliance report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits." Importantly, beyond the fact that Applicant complied with this submittal requirement, any consideration of RF Emissions by the Planning Commission, or the health effects E-19 PLANNING COMMISSION STAFF REPORT - (WTF ASG NO. 33) AUGUST 22, 2017 PAGE 20 thereof, are beyond the Commission's authority to the extent the emissions conform to the applicable FCC regulations. Under the Telecom Act, the FCC completely occupies the field with respect to RF emissions regulation, and established comprehensive rules for maximum permissible exposure levels (the "FCC Guidelines"). State and local governments cannot (1) regulate wireless facilities based on environmental effects from RF emissions when the emissions conform to the applicable FCC regulations or (2) establish their own RF exposure standards—whether more strict, more lenient or even the same. (47 U.S.C. § 332(c)(7)(B)(iv).). As the emissions conform to the FCC regulations, the City cannot impose its own emission standards or ignore the FCC standards. Shot Clock State and federal laws, and a FCC ruling, provide that a local jurisdiction must act on an application for certain wireless facilities antennas within the following certain strict timeframes: (1) a 150 -day shot clock for new facilities; (2) a 90 -day shot clock for modifications resulting in a substantial change; or (3) a 60 -day shot clock for modifications that do not result in a substantial change. If a local government fails to approve or deny a facilities request within the applicable time period, the request will be "deemed granted" upon written notification from the applicant to the local government stating that the request is considered approved. The Project application proposes a new facility subject to the 150 -day shot clock. The application was submitted on May 26, 2016. The clock was "tolled" several times as a result of incomplete application submittals. As a result, the shot clock has not run, and it was set to expire on September 1, 2017. But as stated earlier, a new Shot Clock Tolling Agreement, dated August 7, 2017 (see attachment) established a new Shot Clock Expiration date of September 30, 2017. As a point of clarification, the Planning Commission's action on the Project is the final City decision, unless appealed to the City Council. While the law is not clear, there is no binding legal precedent in California requiring that the shot clock run pending an appeal period. Accordingly, it is thought that the Commission's action on the Project may toll the shot clock. Public Comments Attached are the public comments received (see attachment). Mock -Up Notice Issues On May 23, 2017, the Applicant (Crown Castle) received a Public Works Encroachment Permit to install a Mock -Up of a proposed wireless telecommunications facility. The E-20 E-21 P.C. RESOLUTION NO. 2017- A RESOLUTION OF THE PLANNING COMMISISON OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, WIRELESS TELECOMMUNICATIONS FACILITY ASG NO. 33 TO ALLOW THE INSTALLATION OF 14 -FOOT TALL REPLACEMENT STOP SIGN POLE TO ACCOMMODATE A 2' TALL MOUNTED ANTENNA ENCASED IN A 3.5' TALL CANISTER AT THE TOP OF THE POLE WITH RELATED VAULTED MECHANICAL EQUIPMENT ACROSS 6480 CHARTRES DRIVE AT THE NORTHEAST CORNER OF CHARTRES DRIVE AND CARTIER DRIVE. WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or Municipal Code) governs the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities ("WTFs") in the City's public right-of-way ("PROW") (RPVMC § 12.18.010); WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to the City for an Wireless Telecommunications Facility Permit ("WTFP"), pursuant to Section 12.18.040(A) of the Municipal Code, to install 26 antennas in the public right-of-way (PROW) to service AT&T customers throughout the City (the "Project"); WHEREAS, the original proposal called for a new 14 -foot tall steel pole with 21.4 -inch panel antennas; WHEREAS, the alternative proposal calls for a replacement 14 -foot tall stop sign pole measuring 12" in diameter with a 3.5' tall and 2' outside diameter (O.D.) canister housing the antenna panels; WHEREAS, the Project also includes vaulted mechanical equipment including the radio and auxiliary equipment, as well as the SCE meter box in a secondary vault. There will be a total of three vaults measuring approximately 43 square feet; WHEREAS, because the Project's location is within a residential zone and within the ROW 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 ("CEQK) 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; %A/I-IEREAS, on August 8, 2017 the Planning r r%mmisslon continued the public hearing to August 22, 2017; 01203.0015/393604.1 P.C. Resolution No. 2017- PagE'L223 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 at the northeast corner of Chartres Drive and Cartier Drive, B. Replace a 14' tall stop sign pole steel pole measuring 12" in diameter to be painted brown to visually blend with surrounding environment, integrated with a 3.5' tall and 2' outside diameter cylinder -shaped canister that encases the panel antennas and wires affixed to the top of the pole, and C. 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. Section 2: Approval of a WTF permit 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. Further, 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. The applicant had notified the City, 20 days prior to the expiration of the shot clock which was September 1, 2017 but a Shot Clock Tolling Agreement dated August 7, 2017 (Attachment X) has established a new Shot Clock Expiration date of September 30, 2017. Accordingly, all notice requirements have been met. B. The proposed facility has been designed and located in compliance with all applicable provisions of this chapter. Chapter 12.18 of the RPVMC has detailed requirements for wireless telecommunications facilities in the ROW. Specifically, Section 12.18.080 lists the design and development standards for these installations. The applicable sections relevant to the findings are listed and evaluated below (italics text is the code requirement followed by Staff's analysis). 12.18.080(1)(a): The applicant shall employ screening, undergrounding and camouflage design technigJes 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 01203.0015/393604.1 P.C. Resolution No. 2017- Pag(E2-3 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. When the Commission considered this application at its July 25th meeting, the mechanical equipment was proposed to be above ground. And in response, Staff had recommended a condition of approval requiring the undergrounding of the equipment unless it could be demonstrated that it is infeasible. The Applicant has now concluded that the accessory equipment could be placed underground. The original proposed antennas were attached to a new steel pole as shown in the photo simulations. The modified design will employ a less intrusive design as a new pole will not be added in the area, and instead the existing 11' tall stop sign (with the attached street name panels) pole will be replaced with a new pole integrating the stop sign and street names with a 3.5' tall cylinder -shaped canister housing the antenna panels and wires on top of the replacement stop sign pole. The overall height will be 14'. A new view analysis was conducted by City staff and it was determined that the modified design would not have any significant view impairment to the surrounding area. Staff had previously determined that the original proposal also did not have any significant view impairment to surrounding properties. Staff prefers this alternative to avoid the installation of a new pole in a neighborhood that does not above ground poles aside from street signs. Further, the proposed cylinder shroud design may be visually less -intrusive compared to the original "side -mounted" panel design because the vertical shroud design presents a slimmer side view that blends more cleanly with the verticality of the stop sign pole. Additionally, as previously reported, Staff determined that the replacement stop sign pole is in line with the vision and policies set forth in the General Plan by minimizing the installation of new above -ground infrastructure. 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 original proposal involved the placement of WTF on a new 14 -foot steel pole to be painted at the direction of City staff to blend compatibly with the immediate surrounding. The antenna panels were required to be painted to match the pole. It was also determined that the existing landscaping provided partial screening of the new pole and mechanical equipment. However, the current proposal eliminates the need to install a new pole in the neighborhood by replacing the existing stop sign pole with a new 14' tall pole that will house the antenna panels 01203.0015/393604.1 P.C. Resolution No. 2017- Pag,E 24 and wires within a 3.5' tall cylinder -shaped canister that measures 24" in diameter on top of the replacement stop sign pole. Staff is recommending a condition that would require the pole to be approximately 12" in diameter to seamlessly blend with the canister and to be painted brown to visually blend with the surrounding environment. Lastly, the Applicant has agreed to vault the related mechanical equipment and the vents and SCE meter will be flush with the ground. A low retaining wall, measuring approximately 1.5' high at approximately 43 square feet in area will be needed to accommodate the vaulted equipment. This space is the least amount of space that is technically feasible. Additionally, integrating the antenna in a replacement pole structure within the existing stop sign and street names, will be a less intrusive design than installing a new pole in the neighborhood if the objective is to minimize the erection of new poles. 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. In terms of views of the original proposal, on July 14, 2017, Staff conducted a view analysis and based on a view assessment of the neighborhood, Staff determined that the proposed 14 -foot tall pole with the antennas would not impair the public view from the surrounding view areas including those views from Cartier Drive and Chartres Drive, and would not result in a significant view impairment to surrounding residences. In response to the revised proposal, an additional view analysis was conducted on August 10, 2017 from the neighboring property and concluded that the modified design would not impair the public or private views from the surrounding viewing areas and in particular from 30182 Cartier Drive. The proposed replacement pole would be below views of the ocean from neighboring viewing areas, and remains below grade from surrounding home views. Furthermore, the site 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 replacement stop sign pole and affixed equipment will consist of colors and materials that are subdued and non -reflective (see above photograph). Further, Staff recommends that the pole be painted brown to visually blend with the surrounding environment and include street signs (i.e. street names and stop sign). Lastly, the retaining Wali t1hat Will be constructed to accommodate the vaulted mechanical equipment will utilize block material that will be landscaped to soften and camouflage its appearance 01203.0015/393604.1 P.C. Resolution No. 2017- Pag&3 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 Applicant's original project proposed the installation of a new 14' tall pole with 21.4" tall antennas. However, since the July 25th meeting, the proposal has been revised so that the antennas will be housed in a cylinder shaped cover approximately 3.5' tall at 2' diameter. The height of the pole to the top of the antenna will be 14' as well (which is no taller than the original proposed design). This modified design option eliminates the introduction of a new pole structure in the neighborhood. Although both projects would be visible, the least visible would be the cylinder designed antenna integrated with the stop sign, which presents a slimmer side view that blends more cleanly with the verticality of the sign pole. Furthermore, if the pole was shorter than 14', in order to meet the stated coverage objective additional poles would need to be installed. In regards to possible future collocations, in order to accommodate such additional antennas, the height of the stop sign pole, or any pole for that matter, will have to be increased since there needs to be a separation of at least 1' between antenna panels for functionality purposes. 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 street as identified in the City's General Plan. Therefore, the Planning Commission shall not grant an exception unless the findings for an Exception can be demonstrated as detailed further below. 12.18.080(A)(6)(b) and (h): 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 WTF is pole -mounted. Under RPVMC Section 12.18.080(6)(h), an exception shall be required to place a new pole in the public right-of-way based on the following: 01203.0015/393604.1 P.C. Resolution No. 2017- PagE5,F63 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 proposal first considered by the Commission involved a WTF installation on a new steel pole to be painted at the direction of City staff to blend compatibly with surroundings. But the optional integrated stop sign design eliminates the need for a new or additional pole as the existing street sign with the stop sign can be replaced with an integrated pole that with the street names, the stop sign and canister cylinder on top of the pole. The replacement pole will be approximately 3' taller than the height of the existing 11' tall stop sign pole. ii. Such new poles that are not replacement poles shall be located at least 90 feet from any existing pole to the extent feasible. Not applicable if the alternative stop sign integrated design is selected. But it should be noted the absence of light poles and utility poles in the general area. iii. 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 blend the pole with said features including but not limited to the addition of vegetation if appropriate. Based on a view assessment of the neighborhood, Staff had determined that the originally proposed 14 -foot tall pole with the WTF would not impair the public view, as defined by the General Plan, from the surrounding viewing areas including those views from Cartier Drive and Chartres Drive. The pole is at a lower grade from the building pads of the neighboring residence and will not adversely impact views. The originally proposed WTF location is partially concealed by existing landscaping. Similarly, the replacement stop sign pole design with the integrated stop sign and street name signs would not impair the public view, as defined by the General Plan, from surrounding viewing areas including those views from Cartier Drive and Chartres Drive. Although this design eliminates the need for a new vertical structure in the area, the stop sign location is more noticeable compared to the pole location of the original proposal. iv. I neve pole juoullUation analys/J shaii be submitted to demonstrate v'vh, existing infrastructure cannot be utilized and demonstrating the new pole is the least intrusive means possible including a demonstration that the new 01203.0015/393604.1 P.C. Resolution No' 2OF pole is designed to be the minimum functional height and width required to support the proposed facility. The integrated stop sign option would not be considered a new pole. Therefore, this finding is not applicable. However, with the absence of street light poles and utility poles, and if the replacement stop sign pole is not an option, than the only other option is the original proposal. The Applicant's supporting documentation for the original proposal suggests that the antennas are proposed to be installed at the lowest height technically feasible to meet the wireless carriers coverage needs. 12.18.080(A)(6)(d): Light Poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than 16% feet above any drivable road surface. Not applicable because the proposed facility does not entail a light pole. 12.18.080(A)L)(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 replacement stop sign pole will be 3' taller than the existing pole and approximately 12" wide in diameter, but the design, appearance and dimensions resemble the existing pole to the maximum extent feasible. A smaller antenna technology is possible, but smaller antennas will require the installation of many more poles in the neighborhood to achieve the same coverage and capacity. Thus, smaller antennas could negate the objective of limiting the introduction of new infrastructure including poles and accessory equipment (radios, fans, etc.). The replacement stop sign pole will match the appearance, in terms of color, finish, and signage style as other sign poles in the immediate area. Although the proposed stop sign pole will be taller than other sign poles in the immediate area, this consideration is greatly offset by a preference for using existing infrastructure rather than construction of a wholly new pole. 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. According to the plans submitted by the Applicant, all cables will be encased within the pole and proposed canister, thus hidden from views from the neighboring properties and the PROW. 01203.0015/393604.1 P.C. Resolution No* 2g0 f 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 pole would not take up much more right-of-way space compared to the existing street sign/stop sign pole. The placement of the antennas on top of the pole will occupy limited air space above the right-of-way The mechanical structure will be undergrounded and the three vaults necessary to house the equipment measures approximately 43 square feet in total area. This space is the least amount of space that is technically feasible for equipment owned by AT&T. Furthermore, the space that will be occupied is below the surface with minimum exhaust vents that will be flush to the surrounding ground. Additionally, the SCE meter box will also be vaulted. 12.18.080(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. Pursuant to the application documents submitted to the City, the proposed installation complies with all building codes related to wind loads as confirmed by the City Engineer and City consultants. 12.18.080(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 97.48.070 (Intersection Visibility) so as not to obstruct the intersection visibility triangle. Pursuant to the application documents submitted to the City, the originally proposed WTF installation and the modified integrated stop sign pole design would not cause an obstruction to the public's use of the PROW, constitute a safety hazard and/or does not interfere with a City -defined intersection visibility triangle. Specifically, the proposed project is not located in a paved sidewalk or walking area established for regular pedestrian use, preserves the same/current signage purposes and setback parameters applicable to other street signs. 12.18.080(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. 01203.0015/393604.1 P.C. Resolution No. 2017 - Page -1291 017 - Page 1293 Pursuant to the application documents submitted to the City, the originally proposed installation and the modified integrated stop sign pole design would not interfere with any public health or safety facilities. C. If applicable, the applicant has demonstrated its inability to locate on existing infrastructure. The integrated stops sign pole design demonstrates the ability to locate on existing infrastructure (replacement with new pole). With regards to the original proposal, the Applicant's supporting documentation suggests that the antennas are proposed to be installed at the lowest height technically feasible to meet the wireless carriers coverage needs. Further, there are no existing street light or utility poles in the immediate area to support a WTF in the PROW area of Applicant's purported coverage gap. 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. City's consulting RF Engineer has reviewed the Applicant's alternative site analysis, and concurs that the originally proposed design and the integrated stop sign design are the least intrusive means and the alternative locations and designs were not technically feasible. As mentioned before, it's possible to use smaller antennas but that would require tripling or quadrupling the number of facilities throughout the community to provide equal coverage and capacity. This would require the introduction of new pole structures where there are no street lights or utility poles and would require the installation of associated accessory equipment on poles or above ground (when undergrounding is not 01203.00151393604.1 P.C. Resolution No. 2017- PagE13T3 possible). Such additional equipment and additional poles and antennas would negate the objective of installing the least intrusive systems. Other locations and designs considered for purposes of filling the coverage gap claimed by the Applicant and discussed by the City's RF Engineer (attached) presented the following intrusions, which Staff determined to be more intrusive then the proposed project as revised: • Staff finds locations that utilize an existing or replacement pole (in this case, a sign pole) to be preferable to a whole new pole. • A smaller or lower pole could be utilized, but it would require a multiplicity of wireless poles in the gap area claimed by the Applicant and discussed by the City's RF Engineer (attached), as opposed to having one AT&T pole in this area. • Alternate antenna designs, such as the side -mounted open panels originally proposed, were found by Staff to be bulkier in appearance and less streamlined than the vertical shroud design now proposed. • Staff looked at other design options from other (non -AT&T) carriers. While some carriers offer antenna panels that may be smaller in overall size, such designs from other carriers are not engineered to carry the bandwidths owned by AT&T. Section 3: As discussed in the findings above, because the Project's location is within a residential zone and within the ROW 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(6) 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 Applicant has provided sufficient information to establish that 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. 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 01203.0015/393604.1 P.C. Resolution No. 2017- Page&3 in the application. Based on the terrain profile characteristics and the field measurement data provided by Crown Castle, the City's consultant concluded that the proposal as provided will address coverage deficiencies within the target area. Furthermore, according to the City's consultant, 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. However, information provided about existing and proposed coverage in the service area for each of the three AT&T licensed wireless bands (700 MHz, PCS and AWS) are less clearly defined; this is due to the extremely rugged and varied terrain associated with the surrounding landscape. The City's consultant also concluded that from an engineering perspective, 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. Further, the engineering design provided by Crown Castle supports that, if constructed, DAS site ASG 33 will provide ample signal intensity (signal level in excess of -95 dBm) to support AT&T's 3G/4G wireless services. While the City's RF Engineer found evidence of a gap in signal levels, the question of whether such gap constitutes a "significant" gap lies within the discretionary purview of the Planning Commission, subject to the limitations that Applicant evidence must be considered as "primae facie" evidence that can be rebutted with site-specific, non -speculative, and non -generalized objective analyses. Courts have made clear that this is a fact -based judgment. "[T]he existing case law amply demonstrates that 'significant gap' determinations are extremely fact -specific inquiries that defy any bright -line legal rule." (MetroPCS, Inc. v. City and County of San Francisco (9th Cir. 2005) 400 F.3d 715, 733.) There is a wide range of context -specific factors in assessing the significance of alleged gaps. (See, e.g., Cellular Tel. Co. v. Zoning Bd. of Adjustment of the Borough of Ho—Ho—Kus (3d Cir. 1999) 197 F.3d 64, 70 n. 2 [whether gap affected significant commuter highway or railway]; Powertel/Atlanta, Inc. v. City of Clarkston (N.D.Ga. Aug.3, 2007) No. 1:05—CV-3068, 2007 WL 2258720, at *6 [assessing the "nature and character of that area or the number of potential users in that area who may be affected by the alleged lack of service"]; Voice Stream PCS I, LLC v. City of Hillsboro (D.Or. 2004) 301 F.Supp.2d 1251, 1261 [whether facilities were needed to improve weak signals or to fill a complete void in coverage]; Nextel Partners, Inc. v. Town of Amherst (W.D.N.Y.2003) 251 F.Supp.2d 1187, 1196 [gap covers well traveled roads on which customers lack roaming capabilities]; Am. Cellular Network Co., LLC v. Upper Dublin Twp. (E.D.Pa.2002) 203 F.Supp.2d 383, 390-91 [considering "drive tests"]; Sprint Spectrum, L.P. v. Town of Ogunquit (D.Me. 2001) 175 F.Supp.2d 77, 90 [whether gap affects commercial district]; APT Minneapolis, Inc. v. Stillwater Twp. (D.Minn. June 22, 2001) No. 00-2500, 2001 WL 1640069, at *2-3 [whether gap poses public safety risk].) 01203.0015/393604.1 P.C. Resolution No. 2017 - Page &UO 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 proposed similar small cell nodes (antennas) at the following 4 alternative locations (see attached site map): • 17 -foot tall replacement traffic/stop sign pole at the northeast corner of Cartier Drive and Chartres Drive. • 14 -foot tall free-standing pole 70 -feet from the original proposed location on the south side of Chartres Drive adjacent to the driveways for 30200 Cartier Drive and 6479 Chartres Drive. • 14 -foot tall free-standing pole approximately 55 -feet northwest of the original proposed location on the east side of Cartier Drive adjacent to 30182 Cartier. • 14 -foot tall free-standing pole approximately 660 -feet east of the original proposed location on the north side of Chartres Drive approximately 10-15 feet from the driveway of 6443 Chartres Drive. An alternative location or design was discussed between Staff and the Applicant, and in response to Commission comments (to consider various pole designs) and discussions with the Applicant, the alternative antenna design - cylinder shaped shrouded antenna integrated with the existing stop sign pole -was presented as an alternative option to the original proposal (July 25th). The Applicant has provided comparative analysis of four other locations in the area. One of the alternatives is the replace the existing stop sign pole. Out of the four sites, one does not meet the RF coverage objective. But, the other three sites, including the originally proposed site and the alternative integrated stop sign design, do meet the RF objective. It should be noted that aside from the proposed stop sign pole, the other sites would require a new pole installation which would not be the least intrusive design. The City's RF Engineer has also reviewed the alternative locations and concludes that limited coverage areas of the DAS units limit or confine site selection. The overall coverage area is confined by the limited service area of DAS technology and location of the specific signal gap areas that are to be addressed. The alternatives would be selected based on aesthetic considerations as the overall coverage areas is confined by the limited service area of DAS technology and location of the specific signal gap areas that are to be addressed. Also, because of the limited commercially zoned areas in the City and limited collector or arterial streets, in order to provide coverage and capacity to the 01203.0015/393604.1 P.C. Resolution No. 2017 - Page LZ0,33 residential areas of the City, it's necessary to locate within the right-of-way of local streets. Furthermore, because of the limited commercially zoned areas in the City and limited collector or arterial streets, in order to provide coverage to the residential areas of the City, it's necessary to locate with the right-of-way of local streets. The City's technical consultants have reviewed the Applicant's documents and support this conclusion. Further, other locations and designs that may fill the coverage gap claimed by the Applicant and discussed by the City's RF Engineer (attached) presented the following intrusions, which Staff determined to be more intrusive then the proposed project as revised: • As noted above, Staff finds locations that utilize an existing or replacement pole to be preferable to a whole new pole. • A smaller or lower pole could be utilized, but it would require a multiplicity of wireless poles in the gap area claimed by the Applicant and discussed by the City's RF Engineer (attached), as opposed to having one AT&T pole in this area. • Alternate antenna designs, such as the side -mounted open panels originally proposed, were found by Staff to be bulkier in appearance and less streamlined than the vertical shroud design now proposed. • Staff looked at other design options from other (non -AT&T) carriers. While some carriers offer antenna panels that may be smaller in overall size, such designs from other carriers are not engineered to carry the bandwidths owned by AT&T. 4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives. As stated previously, existing street lights and utility poles are limited, if any, in this area, thus limiting the opportunity to use existing infrastructure other than the proposed, existing stop sign pole. And, for the reasons stated in finding Number 3 above, the integrated pole design is the least intrusive location and design necessary to reasonably achieve the Applicant's technical service objectives as evaluated by the City's RF Engineer who will be present at the August 22nd meeting. 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 01203.0015/393604.1 P.C. Resolution No. 2017 - Page 3043 Environmental Quality Act ("CEQA") because the Project constitutes a small scale installation of new 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. 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 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 WTF permit application and an exception or the proposed installation across 3480 Chartres Drive and at the northeast corner of Chartres Drive and Cartier Drive (WTF ASG NO. 33). PASSED, APPROVED AND ADOPTED this 22nd day of AUGUST 2017, by the following vote: AYES: NOES: ABSTENTIONS: RECUSALS: ABSENT: John M. Cruikshank Chairman Ara Mihranian, AICP Community Development Director; and, S-r of the DI��,nir�rr (`�nrnrniecinn eCl etary of t, , - , la ,, .,, .y ., , , , , 01203.0015/393604.1 P.C. Resolution No. 2017- PageE4&53 Exhibit "A" Conditions of Approval Wireless Telecommunication Facility Case ASG NO. 33 Northeast corner of Chartres Drive and Cartier Drive General Conditions: 1. Prior to obtaining a permit from the Public Works Department to install the facility, the applicant 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. 01203.0015/393604.1 P.C. Resolution No. 2017- PageLSEa03 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 the 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:OOAM to 5:OOPM 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. 01203.0015/393604.1 P.C. Resolution No. 27- d ILS 14. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. Project -specific Conditions: 15. This approval allows for the following: A. Install a WTF at the northeast corner of Chartres Drive and Cartier Drive, B. Replace a 14' tall stop sign pole steel pole measuring 12" in diameter to be painted brown to visually blend with surrounding environment, integrated with a 3.5' tall and 2' outside diameter cylinder -shaped canister that encases the panel antennas and wires affixed to the top of the pole, and, C. 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. 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 will be painted 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. • 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 shall be encased within the pole and/or canister, and hidden from view. 01203.0015/393604.1 P.C. Resolution No. 2017 - Page& 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 until such time that a specific noise regulation ordinance is adopted and effective in this code, at which time such noise ordinance shall govern. The facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director may require the provision of warning signs, fencing, anti -climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an 01203.0015/393604.1 P.C. Resolution No. 2017 - Page 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 (WTFs) 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 Applicant, owner, operator or any designated maintenance agent receives notification from the city. 18. Each Applicant of a wireless telecommunications facility shall provide the Public Works Director with the name, address and 24-hour local or toll free contact phone number of the 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 Applicant shall provide additional information to establish that the proposed accessory equipment is designed to be the smallest equipment technologically feasible. The city may consider equipment installed or proposed to be installed in other jurisdictions. 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: 01203.0015/393604.1 P.C. Resolution No. 2017- PageLQg'@3 • General dirt and grease; • Chipped, faded, peeling, and cracked paint; Rust and corrosion; • Cracks, dents, and discoloration; Missing, discolored or damaged artificial foliage or other camouflage; • Graffiti, bills, stickers, advertisements, litter and debris; • Broken and misshapen structural parts; and • Any damage from any cause. 22. Applicant shall install, to the satisfaction of the Director of Community Development, drought tolerant landscaping near the area of the underground vault along and the retaining wall to minimize visual impacts 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 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 at 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. 01203.0015/393604.1 P.C. Resolution No. 2017- PageEI413 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 WTF 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 Director of Public Works of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for: • Litigation; • Revocation or modification of the permit; • Acting on any bond or other assurance required by this article or conditions of approval of the permit; • 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 • 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 01203.0015/393604.1 P.C. Resolution No. 2017- Page[2l-3 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 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: • Prosecution; • Acting on any security instrument required by the RPVMC or conditions of approval of permit; • 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 • 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. 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 01203.0015/393604.1 P.C. Resolution No. 2017- PageE2423 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. 01203.0015/393604.1 P.C. Resolution No. 2017 - Page E3-4 3 � w �.�'R•tira ! jet .�-{� � �M: �: `r ST OP lox VVI ��iY�' ter' .. - •.: i. 1�'?5�.. Y \ • moi.. 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Ak --NMI I T a. v ti, si PRODOsfD r► a - e 1 EXISTING PROP AlT *444 / s b ♦w 02016 G-glo Mop: lOnk INf: WnPTWrACT FRhAA fHAPTRPC _s „�> '♦ E t. �` � .. .t -e � ' � 1 ��. , :� _ . �� _ �-. syr «• : . v ��+ "`� .�'� ?g. � 1!' � 1 ` � t....�g� . � ��,`�{,I t R�, � � � Ihr�C.:- 1 ��� ��i` A y ffPrRRyF,j �e Mi r�:.�. 1 '. Q'4v . r. ,,,. �_ :. ,.. _ _ _ .... _ .. __ .. .,, ,...___. _. ._ ,.. ._,.__... _._, _.t_�.. _.� 06 77 jowl AIL A� J// 4 n t 1 ! dY '� •�F,'19���'Y2Y+ 1 , �, Ya �q-VIa �G .t 4 41X �� ._. -. ..' .r _gyp>..-.... .'M'- � _ ��- �"'� � y,,•�te.. ', - '� art+ yof �a r f�/ ✓A f< 1 �wy�? • ` � '. �► Fre r . *� .. 17_ r PROPOSED 14 CITY OF L RANCHO PALOS VERDES MEMORANDUM TO: NICOLE JULES, DEPUTY DIRECTOR OF PUBLIC WORKS CHARLES EDER, ASSOCIATE ENGINEER CC: ARA MIHRANIAN, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: ROBERT NEMETH, ASSOCIATE PLANNER DATE: AUGUST 11, 2017 SUBJECT: VIEW ANALYSIS FOR WIRELESS TELECOMMUNICATION FACILITY- ASG33 (across from 6480 Chartres Drive) DISCUSSION Based on a view analysis conducted on July 14, 2017, Staff determined that the proposed wireless telecommunications facility (ASG33), across from 6480 Chartres Drive does not create a view impairment from a residential viewing area, as defined in Rancho Palos Verdes Development Code Section 17.02.040 (View Preservation and Restoration Code) (see Photo 1). Generally, City defined viewing areas such as living rooms, family rooms, dining rooms and outside rear patios are located on the ground floor areas of a residence. From viewing areas in the vicinity of the WTF proposal, particularly viewing areas from residences on Chartres Drive and Cartier Drive, the proposed WTF is below the Ocean view and does not obstruct any view defined in Rancho Palos Verdes Development Code Section 17.02.040. The proposed wireless telecommunications facility is not located in a view corridor identified in the City's General Plan or Coastal Specific Plan. Z2 Photo No. 1 (Primary site location) E-63 ALTERNATIVE SITE LOCATION On August 10, 2017, Staff conducted a view assessment of a proposed alternate location for the proposed wireless telecommunications facility (ASG33). The proposed alternate site location proposal is to mount the WTF antenna on an existing stop sign pole at the corner of Chartres Drive and Cartier Drive. The applicant is also proposing to increase the height of the stop sign pole from 11 feet to 14 feet (see Photo No. 2). Based on a view assessment of the alternate site location, View Restoration Staff determined that a WTF, at a height of 14 feet, would not cause a significant view impairment from surrounding residential viewing areas. Photo No. 2 (Alternate site location) CONCLUSION View Restoration Staff has determined that the proposed WTF, whether located at the primary site or alternate site locations, will not cause a significant view impairment from residential viewing areas. E-64 Columbia Telecommunications Corporation Wireless Facility Application Evaluation Applicant: Crown Castle Site # ASG -33 Description: Application to install a new DAS access site Site Location: 6480 CHARTRES DRIVE Site survey findings: The on-site survey of the above -referenced site (ASG -33) was conducted on August 8 and 9, 2017. Exhibit 1 is a photograph of the mockup pole and equipment cabinet for the proposed Crown Castle installation. The site location on Chartres Drive is near the point where it connects to Cartier Drive. It is positioned in the center of the target area to serve residences along Cartier and Chartres. Exhibit 1— Site with Mocked Up Pole with Antenna As a part of this assignment. I conducted signal measurements of the AT&T service in the target area identified by Crown Castle to be served from the site. Before conducting the ASG Site 33 measurements, I first made measurements at the City Hall parking lot to both calibrate the test E-65 equipment and also to establish a reference sample of the network throughput and signal level (signal power relative to 1 milliwatt of the LTE information signal power RSRP {Reference Signal Received Power}, an industry standard metric) near the macro tower. Measurements were made with the spectrum analyzer for all three licensed AT&T bands. The measurements confirmed that tower signals were active on all three bands. A signal level of -74 dBm RSRP was recorded at the site along with data throughput download measurements exceeding 100 Mb and uploads in the range of 45 Mb. This was fully consistent with my expectations for a properly functioning, lightly loaded 4G LTE network. I then conducted a drive test along the route shown in Exhibit 2 below. At the ASG -33 gap target area, the same measurements were taken near the proposed antenna site. At the proposed ASG -33, the signal level measurement was -113 dBm, and not 4G LTE technology as at the City Hall site, but rather a mix of legacy 3G and enhanced 3G+ technology. The download test registered a throughput of 1.19 Mbs, and 90k bps for the upload. Generally, based on my experience, it is desirable to have a minimum signal level of at least -100 to -95 dBm to support reliable connections for both upload and download and data speeds consistent with 3G technology. I note that Crown Castle in the application has specified a target signal goal of -95 dBm or greater for LTE technology. Exhibit 2 — Map Showing Existing AT&T Coverage Measured During Site Visit E-66 The exhibit also shows an overlay of the target area defined by Crown Castle, which is outlined in blue. Signal level measurements were made throughout the area and recorded in a slowly moving vehicle at five second intervals. The data was then plotted using the geographical coordinates onto a Google Earth map. A complete listing of the 121 measurement points used to create this coverage map can be found in Appendix A of this document. The listing includes the measured signal level, the geographical coordinates, and the AT&T tower site with which signals are communicated. It should be noted that during the drive test the receiver attempted to connect to 9 individual tower sites that provide some level of signal service in the drive area. Two of the 9 signal level test points were unable to connect at all. Note that to the north of the proposed site (on Cartier Drive), AT&T service is currently being served only with 3G technology; the lower section of the target area (on Chartres Drive) is served with marginal 4G LTE service. For additional information on the specific frequencies that AT&T operates in the RPV area, as well as background technical information applicable to all these Crown Castle applications, please see Appendix B of this document. Based on our field measurements, it is our finding that within this small area there is a gap in reliable AT&T broadband services. Technical review: This new DAS wireless access facility is to be installed on a replacement street light to provide additional capacity and service on all three AT&T bands (700 MHz, PCS and AWS) to improve digital network services to customers in vehicles and buildings. Exhibit 3 is a Google map photo submitted by the applicant defining the primary service area for this site. This is the same area in which we conducted the signal level measurements for existing AT&T coverage. Exhibit 3 — Target Area Overview E-67 Two separate antennas are mounted at a radiation center located 13' —1 %" above ground level (AGL). The antennas simultaneously can support the AT&T 700, PCS and AWS bands. The site will function to provided local coverage to the area within the blue rectangle. This site work in concert with existing AT&T macro (traditional cell towers) sites. Exhibit 4 is an illustration of the proposed DAS facility. The site includes two directional antennas each targeting along the road focusing the signal beam into a target 60° arc, aimed at azimuths of 130' and 3300 respectively. Exhibit 4 — Site ASG 33 To support the application, Crown Castle provided field measurements made with a temporary antenna to substantiate coverage in the target area. We have reviewed the information and also conducted both an on-site walkout of the area as well as a computerized terrain study to determine if the proposed site will address the coverage gap identified in the Crown Castle application. For the terrain profile study, we examined a series of individual path profiles from the proposed site to a sampling of locations within the gap. Exhibit 5 below shows the locations (within the gap) which were chosen for examination of the path profiles. Complete path profile information for the 4 sample sites are available in Appendix B. •i Based on our review of the terrain profile characteristics and the field measurement data provided by Crown Castle, we conclude that the proposal as provided will address the coverage deficiencies within the target area. Exhibit 5 —Sample Path Profile Locations Co -location options: Crown Castle has provided information on various options that have been reviewed for the site deployment. It should be noted that the alternatives involve minor changes in the siting of the facility. In most cases the limited coverage areas of the DAS units limit or confine site selection. Generally, alternatives are selected based on aesthetic considerations since the overall coverage area is confined by the limited service area of DAS technology and location of the specific signal gap areas to be addressed. Findings and conclusions: The applicant (Crown Castle) 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. However, information provided about existing and proposed coverage in the service area for each of the three AT&T licensed wireless bands (700 MHz, PCS and AWS) are less clearly defined; this is due to the extremely rugged and varied terrain associated with the RPV landscape. 5 E-69 From an engineering perspective, Crown Castle has provided engineering measurement data defining gaps in AT&T coverage in small pocketed areas. I have independently examined these areas and find that the signal levels are lower than the levels industry guidelines suggest to support modern 3G/4G customer needs. Further, the engineering design provided by Crown Castle supports that, if constructed, DAS site ASG -33 will provide ample signal intensity (signal level in excess of -95 dBm) to support AT&T's 3G/4G wireless services. Currently from the information obtained in the drive tests, it appears that approximately half of the proposed service area currently is served with legacy 3G service. Signature: Lee Afflerbach, P.E. Date: 8/14/17 ctc technology & energy engineering & business consulting E-70 Crown Castle NG West LLC Site Specific Alternative Site Analysis Narrative for ASG33 Submitted to City of Rancho Palos Verdes Submitted Pursuant to City of Rancho Palos Verdes Municipal Code Title 12 Zoning Ordinance Chapter 12.18.080 Requirements For Facilities within the Public Right -of -Way The Foundation for a Wireless World. CrownCastle.com E-71 �J111 11: �: ::III• . City's Design and Development Standards require that wireless telecommunications facilities ("WTF") located in the public right-of-way ("ROW") are designed to minimize visual, noise and other impacts on the surrounding community. Wgumallga"Ita a) The Applicant shall employ screening, undergrounding and camouflage design techniques in the placement of WTF in order to: i) To ensure that the facility is as visually screened as possible...; Crown Castle employs screening by taking advantage of existing foliage, natural and man-made features in and around the public ROW, to the maximum extent feasible. The small cell node ("SCN") is located on Chartres Drive, across the street from the driveway for 30200 Cartier Drive (also located on Chartres Drive). The SCN would be approximately 50 -feet east of T -intersection with Cartier Drive. Immediately adjacent to the SCN, on north side of the Chartres Drive ROW, is an approximately 25 -foot high landscape slope that separates the SCN from the home at 30189 Cartier Drive, above. Crown Castle's SCN consists of a new 14 -foot tall free-standing steel pole, with two (2) 21.4 -inch long antennas, and a joint utility cabinet (22.5 -inches wide by 12.6 -inches -deep by 59.1 -inches tall) that would house both Crown Castle's accessory equipment and Southern California Edison's ("SCE") meter pedestal. The rationale for Crown Castle proposing an above -ground equipment enclosure, contrary to the City's ordinance is: 1) SCE requires that its electric meter pedestal (typically 48 -inches tall) be place above ground, by necessity, there will be above ground street furniture, regardless of any undergrounding of other equipment; 2) If Crown Castle undergrounded its accessory equipment, it would result in multiple above ground venting stacks, each approximately 22 -inches in diameter, and approximately 40 -inches in height. 3) By proposing a joint utility cabinet there will be a reduction in the number of new vertical elements being introduced into the ROW. A joint cabinet removes the need for the venting stacks. The drawback is the joint utility cabinet would be approximately 11 -inches taller than the standard 48 -inch tall SCE's meter pedestal. 4) Although RPVMC Section 12.18.080 (A)(6)(b) calls for undergrounding of all The Foundation for a Wireless World. CrownCastle.com E-72 equipment, other than antennas, the City needs to make the final determination as to whether vaulting or Crown Castle's proposed joint utility cabinet constitutes the least visible equipment possible. The SCN would be visually screened because of its location: 1) At the base of a 25 -foot tall landscaped slope; 2) Relative to the nearest structure, the three car garage for 30200 Cartier Drive, is more than 60 -feet away, across Chartres Drive; 3) Relative to the views from surrounding properties, which are to the south and west. ii) To prevent the facility from dominating the surrounding area,- Crown rea; Crown Castle's 14 -foot tall SCN would not dominate the surrounding area because: 1) It is located at the base of a 25 -foot tall landscaped slope on the north side of Chartres Drive ROW; 2) Existing foliage and topographic features provide screening and a backdrop for the SCN that reduces its visual impacts. 3) The facility qualifies for a Class Three CEQA exemption, which confirms that the facility will have no significant aesthetic impacts. To minimize significant view impacts from surrounding properties; The surrounding properties with views are primarily looking to south and west, over Chartres Drive and Crown Castle's SCN. Crown Castle's SCN minimizes significant view impacts from surrounding properties by: 1) Being located at the base of the 25 -foot tall landscaped slope on the north side of Chartres Drive. 2) Being placed near property lines, taking advantage of existing landscaping, and away from driveways and primary views. 3) It is located approximately 50 -feet east of the intersection with Cartier Drive, thus using existing foliage and topographic features to screen the SCN from surrounding properties, and travelers going south on Cartier Drive. 4) The two closest properties to the SCN are 30200 Cartier Drive and 6475 Chartres Drive, which views are to the south away from the SCN. The orientation of 30200 Cartier Drive is to the west creates the situation where the SCN would only be visible to these residents from their driveway. The orientation of 6475 Chartres Drive, approximately 75 -feet east of the SCN, is to the south. The views of the SCN from this property The Foundation for a Wireless World. CrownCastle.com E-73 are screened by mature 25-30 foot tall mature trees that delineate the property line between 30200 Cartier Drive and 6475 Chartres Drive. iv) That achieves compatibility with the community and in compliance with RPVMC Section 17.02.040 (View Preservation and Restoration). RPVMC Section 17.02.040 (View Preservation and Restoration) addresses impacts to residential views created by proposed residential structures on surrounding residential parcels. The preservation of views is to be accomplished primarily through the pruning and removal of foliage. There are several reasons why RPVMC Section 17.02.040 is inapplicable to Crown Castle's proposed facilities: 1) First, Crown Castle's facilities are exclusively located within the ROW. As such, this ordinance is inapplicable because Crown Castle's facilities are not located in a residential zone and do not otherwise involve residential properties, uses or parcels. 2) Crown Castle has a certificate of public convenience and necessary ("CPCN") which grants it a statewide franchise to occupy and place its facilities within the ROW. Local zoning requirements are therefore inapplicable. Local regulatory authority is limited to the time, place and manner in which a wireless facility may be erected or attached. This ordinance is inapplicable because residential design standards, on residential parcels, and their visual impacts on surrounding residences does not easily, nor rationally, translate into proper or meaningful regulation of wireless telecommunication utility uses within the ROW. 3) Section 17.02.040(A)(12) of RPVMC defines "Structure" as anything joined together in a definitive manner, which is located on or on top of the ground on a parcel of land utilized for residential purposes, excluding antennas... and similar structures not involving the construction of habitable area. This ordinance is inapplicable because Crown Castle's facilities are not habitable, they are not located on residential parcels, and they are not used for residential purposes. Crown Castle's ROW based facilities do not involve residential land in any form or fashion. Moreover, "antennas" are specifically excluded from consideration under this ordinance. To the extent that RPVMC Section 17.02.040 (View Preservation and Restoration) can be found to be applicable to the siting of wireless facilities in the ROW (it cannot), Crown Castle's SCN achieve compatibility with the surrounding community by being designed to minimize visual, noise and other impacts. b) Screening shall be designed to be architectural compatible with surrounding structures, using appropriate techniques to camouflage, disguise, and/or blend into the The Foundation for a Wireless World. CrownCastle.com E-74 environment, including landscaping, color, and other techniques to minimize the facilities 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 Crown Castle's SCN uses screening from existing foliage as well as natural and man-made features in the surrounding environment to minimize visual impacts. The SCN blends with the existing environment because it is located at the base of a 25 -foot high landscaped slope. The SCN will be painted a non -reflective dark green color, or any color of the City's choosing, in order to blend the facility into the nearby slope. Crown Castle's SCN is located in the ROW — an area in the City already impacted with roadway improvements, decorative driveway columns, utilities and other uses and appurtenances typical of — and proper to — the ROW. 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). Section 17.02.040(A)(14) of RPVMC defines View as including both a "near view", meaning views of a natural setting on the peninsula; and/or "far view" defined as a scene off the peninsula, such as the ocean, city lights, etc. The ordinance intends to prevent the significant impairment of views and the maintenance of privacy. Both Chartres Drive and Cartier Drive are classified as local streets in the Rancho Palos Verdes General Plan, Circulation Element. There are no RPV General Plan designated view corridors along or across either street. The topography of the area creates views for many residences in the area along Cartier Drive to the west and over Chartres Drive and the SCN, tucked tight to the approximately 25 -foot landscaped slope. Crown Castle's SCN would not significantly impair the views from surrounding residential properties, nor would it significantly impair public views over city view corridors. Existing foliage and topographic features reduce impacts from the SCN on the immediate neighborhood. Finally, the proposed facility has received a Class Three CEQA exemption which definitively establishes that the proposed facility will not give rise to significant environmental impacts, including aesthetic impacts. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety. Crown Castle free-standing SCN is designed and located to be placed on the inside, northern edge of Chartres Drive ROW, abutting a 25 -foot high landscaped slope. The SCN is not located in the lanes of travel, nor does it extend in any way over the roadway. The SCN The Foundation for a Wireless World. CrownCastle.com E-75 therefore avoids adverse impacts on traffic safety. All facilities shall have subdued colors and non -reflective materials that blend with the materials, and colors of the surrounding area and structures. Crown Castle's SCN blends into the surrounding area and structures because it uses a dark green, subdued, non -reflective paint that blends the facility into the adjacent landscaped slope. 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. Crown Castle's SCN consists of a new fourteen (14) foot tall free-standing steel pole with two (2) 21.4 -inch long antennas, and a joint utility cabinet (22.5 -inches wide by 12.6 -inches -deep by 59.1 -inches tall) that would house both Crown Castle's accessory equipment and Southern California Edison's ("SCE") meter pedestal. The rationale for Crown Castle proposing an above -ground equipment enclosure, contrary to the City's ordinance is: 1) SCE requires that its meter pedestal (typically 48 -inches tall) be place above ground, so there will, by necessity, be above -ground street furniture, regardless of any undergrounding of other equipment; 2) If Crown Castle undergrounded its accessory equipment, it would result in multiple above ground venting stacks, each approximately 22 -inches in diameter, and approximately 40 -inches in height. Accordingly, undergrounding does not necessarily result in the best screening measure. 3) By proposing a joint utility cabinet there will be a reduction in the number of new vertical elements being introduced into the ROW. A joint cabinet removes the need for venting stacks. The drawback is the joint utility cabinet will be approximately 11 -inches taller than the standard 48 -inch tall SCE's meter pedestal. 4) Although RPVMC Section 12.18.080 (A)(6)(b) calls for undergrounding of all equipment, other than antennas, the City needs to make the final determination as to whether vaulting or Crown Castle's proposed joint utility cabinet constitutes the least visible equipment possible. The antenna elements will be flush mounted, and the antenna mounts are designed so as not to preclude possible future collocation by the same or other carriers. The antennas on The Foundation for a Wireless World. CrownCastle.com E-76 14 -foot tall steel pole are as close to the ground as possible while meeting RF coverage objectives up and down Cartier Drive. All visible Crown Castle telecommunication equipment is to be painted a subdued, non -reflective dark green or any other earth tone color preferred by the City. 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. RPVMC Section 12.18.200 (Location Restrictions) strongly disfavors wireless facilities in A) ROW local streets as identified in the general plan if within the residential zones; and B) ROW if mounted to a new pole that is not replacing an existing pole in an otherwise permitted location. Both Cartier Drive and Chartres Drive are classified as local streets in the RPV General Plan, Circulation Element. 7 Crown Castle needs to request an exception pursuant to Section 12.18.190 of the RPVMC because a new pole is required, and it is not replacing an existing pole in an otherwise permitted location. Per Section 12.18.080 A(12)(a) Crown Castle needs an exception because its accessory equipment is not being proposed underground. Crown Castle has undergrounded to the extent feasible all accessory equipment including an underground fiber vault. There are three alternatives (Alternative 1; 2; and 3) that also meet the RF coverage objective. Alternative 1 is a replacement of an existing traffic sign (stop sign) on the corner of Cartier Drive and Chartres Drive, while Alternatives 2 and 3 would require a new free-standing poles. The Primary's location is considered superior to the other viable candidates because it is tucked away at the base of a 25 -foot tall landscaped slope, some 50 - feet east of the intersection of Cartier Drive and Chartres. Therefore, the Primary was determined to be the most compliant with the City's wireless ordinance because it would have the least amount of impacts on surrounding properties and the community. Per Section 12.18°190, Exceptions, The Planning Commission shall not grant any exception unless Crown Castle demonstrates with clear and convincing evidence that: 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); Crown Castle holds a certificate of public convenience and necessity ("CPCN") from the California Public Utilities Commission ("CPUC") to expand the availability of wireless networks throughout the State. Please see Exhibit The Foundation for a Wireless World. CrownCastle.com E-77 D1b. Crown Castle's SCN qualifies as "personal wireless services facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii); 2. The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area,- Crown rea; Crown Castle has provided clearly defined technical service objective and a clearly defined potential site search area. Please See Exhibits C3a-e. 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; and With this site specific comparative analysis, Crown Castle is providing the City with meaningful comparative analysis that includes the factual reasons why the Primary location is superior to the other Alternatives evaluated. There are three alternatives (Alternative 1; 2; and 3) that also meet the RF coverage objective. Two of these viable alternatives (Alternative 2; and 3) would require a new free-standing pole. Alternative 1 would require the replacement of an existing traffic sign pole (stop sign). Alternative 1 was determined to be inferior because the traffic sign pole replacement is in a much more visible location at the corner of Cartier Drive and Chartres Drive. The Primary's location is considered superior to the other viable candidates because of the physical and visual backdrop the 25 -foot landscaped slope provides the SCN. The Primary candidate's location 50 -feet east of the intersection of Cartier Drive and Chartres Drive makes it less visually prominent to surrounding properties and users of the ROW than other viable alternatives. 4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives With this site specific comparative analysis, Crown Castle is providing the City with meaningful comparative analysis that includes the factual reasons why the Primary The Foundation for a Wireless World. CrownCastle.com E-78 location is the least noncompliant location and design necessary to reasonably achieve Crown Castle's reasonable technical service objectives. Crown Castle is proposing an above -ground, joint equipment cabinet to house both Crown Castle's accessory equipment and SCE's electric power meter pedestal. Although the ordinance calls for undergrounding all accessory equipment, Crown Castle believes that its joint equipment cabinet represents the least noncompliant location and design because it would introduce the fewest number of new vertical elements into the ROW. Crown Castle is proposing a new fourteen (14) foot tall, free-standing steel pole on the northern edge of Chartres Drive ROW. The Primary candidate is superior to other viable alternatives because it provides adequate RF coverage up and down Cartier Drive, and because it is located adjacent to 25 -foot landscaped slope that provides a physical and visual backdrop to the SCN thus reducing its impacts to the community. Section 12.18.080 A (13), Landscaping, at present Crown Castle does not intend to propose any additional landscaping to further screen the proposed facility or accessory equipment cabinet. The rationale behind this decision is that there is existing foliage in the ROW, and on private property such as the 12 -foot high landscaped slope immediately north and adjacent to Crown Castle's SCN that provides screening from most surrounding properties. Crown Castle is not opposed to providing additional landscape screening so long as the City's landscaping requirements are reasonably related to the visual impacts created by the proposed facility. Crown Castle is committed to working with the City's landscape architect if additional landscaping is determined to be desirable. 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). Crown Castle's SCN is located on a proposed new pole in the ROW. Crown Castle is requesting an exception per RPVMC Section 12.18.190. 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. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded. This provision is inapplicable because Crown Castle's SCN is not attaching to a utility pole. The Foundation for a Wireless World. CrownCastle.com E-79 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. This provision is inapplicable because Crown Castle's SCN is not attaching to a light pole. 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. This provision is inapplicable because Crown Castle's SCN is not a replacement pole. f. Pole mounted equipment, exclusive of antennas, shall not exceed six cubic feet in dimension. Excluding antennas, Crown Castle's pole mounted equipment would be limited to some cabling connecting the antennas to power and fiber optic backbone, connectors, brackets, and GPS. Crown Castle's pole mounted equipment, excluding antennas, would therefore not exceed six cubic feet in dimension. g. [Reserved.] 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: In accordance with this code section, Crown Castle is applying for an exception to place a new pole in the public right-of-way. 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 cables for this SCN, including, but not limited to, electrical and utility cables, run within the interior of the new proposed steel pole. The Foundation for a Wireless World. CrownCastle.com E_80 12.18.080 (AP) Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible. Crown Castle's SCN consists of a new 17 -foot free-standing pole and a joint utility cabinet (22.5 -inches wide by 12.6 -inches -deep by 59.1 -inches tall) to house SCE electric meter pedestal and Crown Castle's accessory equipment. This configuration would take up less space in the ROW than complying with RPVMC Section 12.18.080 (A)(6)(b) that requires undergrounding of all equipment, other than antennas. The City needs to make the final determination as to whether Crown Castle's joint utility cabinet constitutes the least amount of space in the ROW that is technically feasible. 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. For new free-standing poles, wind loading is incorporated into the pole structural calculations. There are no separate wind loading calculations included with this application. 12.18.080 (A1(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. RPVMC Section 17.48.070 (Intersection Visibility) discusses restrictions on various structures and landscaping (>30 -inches) on corner lots near intersections for sight visibility reasons. The ordinance states that these items shall not be erected, placed, planted or allowed to grow within the triangular space referred to as the "intersection visibility triangle." The intersection visibility triangle being the area formed by the intersection of extended curblines and a line joining points on the curb sixty feet (measured along the curblines) from the point of intersection of the curbline extensions. Crown Castle's SCN is located within 60 -feet of an intersection. Crown Castle's SCN would need to comply with the "intersection visibility triangle". Given that there is a steep 25 -foot tall landscaped slope located immediately north of the SCN, drivers heading west on Chartres Drive toward the stop sign on the corner with Cartier Drive would not have their The Foundation for a Wireless World. CrovwnCastle.com E-81 views of impacted. The intersection of Chartres Drive and Cartier Drive is a T -intersection. Consequently, drivers on Chartres Drive natural must come to a complete stop to turn on to Cartier Drive. The SCN would have not significantly impair nor obstruct traffic safety, nor the intersection visibility triangle. 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. Crown Castle's SCN is 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. Please see the Site Plan. 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. Crown Castle's SCN has no pole -mounted equipment, excluding antennas, cabling, connectors and brackets. Crown Castle's accessory equipment cabinet (22.5 -inches wide by 12.6 -inches -deep by 59.1 -inches tall) will be set back at least 18 -inches from the curb and gutter flow line. Please see the Site Plan 12.18.080 (A)(12) Accessory Eguiprnent. Accessory Equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below: a. Unless city staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception shall be required in order to place accessory equipment above -ground and concealed with natural or manmade features to the maximum extent possible. If Crown Castle undergrounded its accessory equipment it would result in compliance with this ordinance section but multiple above ground venting stacks, each approximately 22 - inches in diameter and approximately 40 -inches in height, would be required. Instead of three (3) new vertical elements in the ROW involved with vaulting [2 venting stacks and the The Foundation for a Wireless world. CrownCastle.com E -82 _Q SCE's electrical meter pedestal], Crown Castle's is proposing a joint utility cabinet would eliminate the need for the venting stacks and would only require that the joint cabinet be approximately 11 -inches taller than the standard 48 -inch tall SCE's electric meter pedestal. b. When above -ground is the only feasible location for a particular type of accessory equipment and will be ground -mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be screened and/or camouflaged. Also, while pole -mounted equipment is generally the least favored installation, should pole -mounted equipment be sought, it shall be installed as required in this chapter. With dimensions of 22.5 -inches wide by 12.6 -inches -deep by 59.1 -inches tall, Crown Castle's joint utility cabinet would be less than the 5 -foot height and a total footprint of 15 square feet allowable under this RPVMC Section 12.18.080 (A)(12)(b). C. In locations where homes are only along one side of a street, above -ground accessory equipment shall not be installed directly in front of a residence. Such above- ground accessory equipment shall be installed along the side of the street with no homes. Unless said location is located within the coastal setback or the landslide moratorium area, then such locations shall be referred to the city's geotechnical staff for review and recommendations. Chartres Drive is classified as a local street in the RPV General Plan Circulation Element. There are homes along both sides of the street. Crown Castle's above -ground joint equipment cabinet would be installed at the base of a 25 -foot landscaped slope, near the northern edge of the Chartres Drive ROW. This location would ensure that the SCN would not be located in front of a residence. 12.18.080 (A)(13) Landscap n_q. 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. Crown Castle's SCN does not presently include landscaping. This portion of Chartres Drive is characterized by large single family homes with mature landscaping. If the City desires landscaping around Crown Castle's proposed joint utility cabinet or pole, Crown The Foundation for a Wireless World. CrownCastle.com E-83 Castle would be willing to work with the City's landscape architect or other knowledgeable staff or consultant. 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. Crown Castle's SCN does not include any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City. 12.18.080 (A)(15) Lighting. a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Crown Castle's SCN does not include any such illumination. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles. Crown Castle's SCN does not include lightning arresters and beacons that would increase its height. C. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods. Any Crown Castle SCN lighting would be shielded to the maximum extent possible, to eliminate impacts on the surrounding neighborhoods. d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion -sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. Any Crown Castle's SCN lighting would only include timed or motion -sensitive light controllers and lights, so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The Foundation for a Wireless World. CrownCastle.com E-84 e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required. Crown Castle is not proposing any permanent lighting. 12.16.060 (A)(16) (Noise. a. 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. Crown Castle SCN would not operate any backup generators outside City prescribed time restrictions. b. 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. Crown Castle's SCN is within 500 -feet of residential uses. Crown Castle has supplied a Noise Study verifying that the SCN would comply with City noise standards. See Exhibit J1a. 12.16.060 (A)(17) Security Each 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 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. Crown Castle's SCN does not have pole mounted equipment that is reachable by the general public, nor is that equipment readily available for climbing or vandalism. Crown Castle's joint utility accessory equipment cabinet is 22.5 -inches wide by 12.6 -inches -deep by 59.1 -inches tall. This cabinet is similar in size to countless other utility cabinet located in The Foundation for a Wireless World. CrownCastle.com E-85 the ROW. There is no reason to believe that the proposed joint utility cabinet would attract any more vandalism than any other utility cabinet. Crown Castle will use anti -vandalism techniques such as anti -graffiti paint to discourage tagging and other nuisance property crime. 12.18.080 (A)(18) Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a wireless telecommunications 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. Crown Castle's SCN represents the latest in small cell wireless technology. As such, Crown Castle's SCN uses the smallest equipment feasible to reduce visual, noise and other impacts. Currently, there is no wireless facility to modify. No permit shall be granted for a wireless telecommunications facility unless all of the following findings are made by the director. A. All notices required for the proposed installation have been given. Crown Castle has or will provide all required notices for its proposed node. B. The proposed facility has been designed and located in compliance with all applicable provisions of this chapter. Crown Castle's SCN is designed and located to be in compliance with applicable provisions of this chapter. Crown Castle's SCN is in compliance with all applicable provisions of this chapter, with the exception of the new 14 -foot tall steel pole and joint Crown Castle/SCE equipment cabinet. While RPVMC Section 12.18.080 (A)(6)(b) calls for the undergrounding all accessory equipment, RPVMC Section 12.18.080 (A)(5) and RPVMC Section 12.18.080 (A)(7) call for using the least visible equipment and the least amount of space within the ROW. The introduction of fewer new vertical elements in the ROW is the less intrusive equipment configuration. Ultimately, it will be up to the City to determine which equipment configuration is the most compliant. The Foundation for a Wireless World. CrownCastle.com E-86 C. If applicable, the applicant has demonstrated its inability to locate on existing infrastructure. Along this stretch of Chartres Drive there is only one viable, existing infrastructure facility (an existing traffic sign pole/stop sign) that could host Crown Castle's SCN. This location, Alternative 1, is significantly more visible to the surrounding properties and the community than the other viable candidates. Consequently, Crown Castle believes that the Primary is the most compliant location. Crown Castle would be willing to accept, any of the viable candidates that the City determines to be most compliant with the City's wireless ordinance. 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. Crown Castle has provided a copy of its certificate of public convenience and necessity ("CPCN"). See Exhibit D1b. Crown Castle has entered into a franchise agreement with the City, whereby the City grants Crown Castle use of the ROW and City infrastructure in return for rents. See Exhibit D1 a. Crown Castle has provided sufficient evidence that it has the right to enter the ROW pursuant to state and federal law, as well as by executed agreement with the City. 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. Comparative Analyses Crown Castle can demonstrate that the proposed wireless facility is the least intrusive means possible. Supported by factual evidence and a meaningful comparative analysis Crown Castle can show that all alternative locations and designs identified in the application review process were technically infeasible, inferior to the Primary or unavailable. Moreover, federal telecommunications case law unequivocally establishes that municipalities cannot regulate in the area of RF broadcasting. (See, e.g., Freeman v. Burlington Broadcasters, Inc., (2d Cir. 2000) 204 F.3d 311.) They have done so in the context of reviewing ordinances like the City's wireless ordinance, and found that that "Congress intended the FCC to possess exclusive authority over technical matters related to radio broadcasting" and that "Congress's grant of The Foundation for a Wireless World. CrownCastle.com E-87 authority to the FCC was intended to be exclusive and to preempt local regulation." (Id. at 320-21; accord Southwestern Bell Wireless Inc. v. Johnson County Bd. of County Commis (10th Cir. 1999) 199 F.3d 1185, 1193 [same principle cited]; N.Y. SMSA Ltd. P'ship v. Town of Clarkstown (2nd Cir. 2010) 612 F.3d 97 ["Congress intended federal regulation of [radio frequency interference] issues to be so pervasive as to occupy the field."]; Bennett v. T -Mobile United States, Inc., (C.D. Cal. 2008) 597 F. Supp. 2d 1050, 1053 [same principle cited].). Crown Castle reserves its rights to challenge those portions of the City's WTF ordinance and application that purport to regulate Crown Castle's facilities on the basis of RF coverage objectives. Primary Candidate (Location A) Proposed 14 -foot Tall Free -Standing SCN Meets RF Coverage Objective: Up and down Cartier Drive The proposed Primary Candidate is located entirely within the public ROW. Chartres Drive is classified as a local roadway in the RPV Circulation Element. The Primary Candidate is located on the north side of Chartres Drive, approximately 50 -feet east of the centerline of Cartier Drive. Surrounding land uses include single-family residential in all directions. The ROW parkway in this area is improved with turf, ground cover and maturing trees. Numerous properties in the area have large driveway columns within the parkway. The SCN would be located adjacent to the base of an approximately 25 -foot landscaped slope, covered with ground cover and mature bushes. The proposed ROW Project location is sloping, with an average slope less than 15%. Topography in the area is generally sloping north to south. Crown Castle's SCN consists of attaching two (2) 21.4 -inch long antennas, mounted back to back at the top of a proposed fourteen (14) foot tall free-standing steel pole. Crown Castle's remaining accessory wireless equipment including two (2) ions would be located in an above- ground enclosure, collocated within a joint utility cabinet with SCE's above ground power meter pedestal. All visible Crown Castle telecommunication equipment would be painted dark green or any other earth tone color preferred by the City. The proposed 14 -foot tall SCN would be located near a 12 -foot landscaped slope, just north of the Chartres Drive ROW. The nearest residence, 30200 Cartier Drive, is more than 60 -feet away and across Chartres Drive. The placement of Crown Castle's SCN in the Primary location is driven by a multitude of factors. Those factors include, but are not limited to, achieving the RF objective with as few nodes a possible, the non-proliferation of wireless facilities and the placement of wireless facilities within the public Rights -of -Way ("ROW") on non -local streets, whenever possible. Alternative 1 (Location B) Proposed 17 -foot Tall Replacement Traffic/Stop Sign Pole Meets RF Coverage Objective: Up and down Cartier Drive The Foundation for a Wireless World. CrownCastle.com E_88 This Alternative is located on the northeast corner of Cartier Drive and Chartres Drive, a T - intersection. This Alternative is approximately 25 -feet west of the Primary, along Chartres Drive. The nearest structure to the SCN is the three car garage for 30200 Cartier Drive which is approximately 70 -feet away, across Chartres Drive. The next nearest structure, 30189 Cartier Drive, is more than 70 -feet away to the north, atop the 25 -foot landscaped slope immediately adjacent to the SCN. This Alternative meets the RF coverage objective and is located near foliage, natural and man-made features that partially screen the SCN from surrounding properties. This location may be more compliant with the letter of the City's wireless ordinance than the Primary candidate because it proposes to use existing infrastructure within the ROW. This location, however, is significantly more visually prominent for a SCN because it is located on the corner. Consequently, Crown Castle believes the Primary is most compliant with the spirit of the City's wireless ordinance. Crown Castle is open to relocating to this Alternative or any other Alternative that achieves the SCN's RF coverage objective. Alternative 3 (Location C) Proposed 14 --foot Tall Free -Standing SCN Meets RF Coverage Objective: Up and down Cartier Drive This Alternative is located approximately 70 -feet southeast of the Primary on the south side of Chartres Drive, adjacent to the driveway entries for 30200 Cartier Drive and 6479Chartres Drive. The Chartres Drive ROW parkway on this side of the street is improved with turf, a mailbox and a few mature trees on private property. The nearest structure to the SCN is the three car garage for 30200 Cartier Drive which is approximately 25 -feet away to the southwest on Chartres Drive. The next nearest structure to the SCN is the three car garage for 6479 Chartres Drive which is approximately 25 -feet away to the southeast. Although this Alternative does not achieve the RF coverage, it was deemed inferior to the Primary. This Alternative is closer to single family residential homes than any other viable candidate. This Alternative's location between two driveway entries is typically the location of last resort for siting a SCN. Given that there are other viable candidates from an RF perspective, this location is considered inferior from an aesthetic and visual impact stand point. Crown Castle is open to relocating to this Alternative or any other Alternative that achieves the SCN's RF coverage objective. Alternative 4 (Location ®) Proposed 14 -foot Tall Free -Standing SCN Meets RF Coverage Objective: Up and down Cartier Drive This Alternative is located approximately 55 -feet northwest of the Primary on the east side of Cartier Drive, and approximately 35 -feet north of the northeast corner of Cartier Drive and The Foundation for a Wireless World. CrownCastle.com E_89 Chartres Drive. The Cartier Drive ROW parkway on this side of the street is below and adjacent to 30182 Cartier Drive. It is improved with turf and an approximately 3 -foot tall retaining wall, topped by a steep12-15 foot high slope with ground cover. Atop of this slope is the driveway and turn around for 30182 Cartier Drive. The nearest structure to the SCN is 30182 Cartier Drive which is more than 50 -feet away, atop the retaining wall and landscaped slope. This Alternative does achieve the RF coverage objective for this SCN. This Alternative was considered inferior to the Primary because it is located on Cartier Drive, a much busier roadway than Chartres Drive. This Alternative is more visible to surrounding properties and the community than other viable candidates. Consequently, Crown Castle believes the Primary candidate or Alternative 1 (the stop sign replacement pole) are superior candidates. Crown Castle is open to relocating to this Alternative or any other Alternative that achieves the SCN's RF coverage objective. Alternative 5 (Location E) Proposed 14 -foot Tall Free -Standing SCN Does Not Meet RF Coverage Objective: Up and down Crestridge Road This Alternative is located more than 660 -feet east of the Primary on the north side of Chartres Drive, as it turns to the north. This Alternative is 10-15 feet north of the driveway entry for 6443 Chartres Drive. The Chartres Drive ROW parkway in this location is characterized by 15-20 foot tall landscaped slope that backs up to the rear of 6403 Chartres Drive, the nearest structure to the SCN. Mature trees that line the northern edge of 6443 Chartres Drive's driveway provides some screening for the proposed SCN. This Alternative does not meet the RF coverage objective for this SCN. Given that this Alternative does not achieve the RF coverage objective, no further discussion is required of this candidate. Crown Castle has presented a comparative analysis between the Primary and the Alternatives that were evaluated. While Crown Castle searched for existing wireless facilities and infrastructure within the public ROW to attach to, only Alternative 1 (the traffic/stop sign replacement pole) provided such an option in the area. Crown Castle's analysis demonstrates it is using the "least intrusive means" to achieve its RF objective by using minimally sized small cell technology and equipment, minimum antenna heights in order to conform to the maximum extent possible with community values expressed in the City's design and development standards. Crown Castle would be willing to accept any one of the viable locations (the Primary; or Alternative 1; 2; 3 or 4) that satisfies the RF coverage objective, after the City determines which candidate most conforms to the surrounding community's values. The Foundation for a Wireless World. CrownCastle.com E-90 NOISE IMPACT ANALYSIS Crown Castle Ground -Mounted Two Remote Configuration Site Name: ASG33 Across From 6480 Chartres Dr Rancho Palos Verdes, California Prepared For Crown Castle Attention: Aaron Snyder 300 Spectrum Center Drive, Suite 1200 Irvine, California 92618 Phone: 949-344-7834 Prepared By Eilar Associates, Inc. Acoustical & Environmental Consulting 210 South Juniper Street, Suite 100 Escondido, California 92025 www.eilarassociates.com Phone: 760-738-5570 Fax: 760-738-5227 10/12/2016 E-91 EILAR ASSOCIATES, INC. Acoustical and Environmental Consulting 2.10 South Juniper Street, Suite 100, Escondido, CA 92025 Phone: 760-738-5570 or 800-439-8205 • Fax: 760-738-5227 www.eilarassociates.com • info@eilarassociates.com August 11, 2016 Job #B60622N1 Crown Castle Attention: Aaron Snyder 300 Spectrum Center Drive, Suite 1200 Irvine, California 92618 Subject: Equipment Noise Measurements for Crown Castle (Ground -Mounted Two Remote Configuration) Eilar Associates has conducted equipment noise measurements of the ground -mounted cabinet at an existing Crown Castle node location known as AHW11. These equipment noise measurements were conducted to determine compliance with City of Rancho Palos Verdes noise regulations for future similar installations. Equipment Noise Sources Noise measurements were taken of the existing equipment cabinet located at 691 Paseo de Playa in the City of Torrance, California. The equipment is located within the public right-of-way. The equipment consists of two Andrew IONS 1) M17HP/9HP unit and 1) M7HP/85HP-EU unit installed inside of a CISH51 equipment pedestal that was ground -mounted at the site. The entire installation will hereafter be referred to as "cabinet' in this report. The cabinet is the only source of noise associated with Crown Castle at this location and likewise is expected to be the only source of noise at future similar installations. Noise and Sound Level Descriptors All noise level or sound level values presented herein are expressed in terms of decibels (dB), with A -weighting, abbreviated "dBA," to approximate the hearing sensitivity of humans. Time -averaged noise levels are expressed by the symbol "LEQ." Unless a different time period is specified, "LEQ" is implied to mean a period of one hour. Methodology Attenuation due to distance is calculated by the equation: SPL, = SPL, — 20 log( D2 ) D, where SPL, = Known sound pressure level at known distance, SPL2 = Calculated sound pressure level at distance, D, = Distance from source to location of known sound pressure level, and D2= Distance from source to location of calculated sound pressure level. E-92 Equipment Noise Measurements for Crown Castle (Ground -Mounted Two Remote Configuration) August 11, 2016 Job #B60622N1 Page 2 of 4 This is identical to the more commonly used reference of 6 dB reduction for every doubling of distance. This equation does not take into account reduction in noise due to atmospheric absorption. Applicable Noise Standards The noise regulations applicable to installations in the City of Rancho Palos Verdes are contained within the City Municipal Code, which specifies noise limits for wireless telecommunications facilities located within the public right-of-way. Section 12.18.080, Item A16b of the municipal code states the following: 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. As installations located within 500 feet of residential property will be subject to meeting the more stringent 45 dBA noise limit, this noise limit has been considered the appropriate threshold for all future installations in the City of Rancho Palos Verdes. Measurement Equipment The following equipment was used at the existing equipment site to measure noise levels: • Larson Davis Model LxT Type 1 Integrating Sound Level Meter, Serial #4084 • Larson Davis Model CA250 Type 1 Calibrator, Serial #2625 • Tripods, microphones with windscreens The sound level meter was field -calibrated immediately prior to all noise level measurements and checked afterwards, to ensure accuracy. All sound level measurements conducted and presented in this report were made with sound level meters that conform to the American National Standards Institute specifications for sound level meters (ANSI S1.4). All instruments are maintained with National Bureau of Standards traceable calibration, per the manufacturers' standards. On -Site Noise Level Measurements A site visit at the AHW11 site was conducted during the late night hours of Monday, August 8, 2016 and early morning hours of Tuesday, August 9, 2016 to perform noise level measurements while the cabinet was in operation and to determine ambient noise levels in the vicinity of the cabinet. During the ambient noise measurement, the microphone position was placed approximately five feet above grade, while the microphone was placed at a height of three feet, ten inches for all measurements taken of the cabinet itself. An ambient noise measurement was performed approximately 20 feet south of the cabinet location. As equipment noise was inaudible at this location, this measurement was able to effectively determine the ambient noise environment without the influence of the equipment. The primary contributors to the ambient noise environment were traffic on nearby roadways, and rooftop mechanical equipment from a nearby property. The ambient noise level was measured to be 40.0 dBA at 12:00 a.m. As cabinet noise measurements were paused for extraneous noise sources, this Eilar Associates, Inc. • 210 South Juniper Street, Suite 100, Escondido, CA 92025- 760-738-5570 • Fax 760-738-5227 E-93 Equipment Noise Measurements for Crown Castle (Ground -Mounted Two Remote Configuration) August 11, 2016 Job #1360622N1 Page 3 of 4 noise measurement is considered to be representative of the ambient noise at the cabinet noise measurement locations during the measurements detailed herein. Noise level measurements of the cabinet were performed at one foot from the front side of the cabinet, and were then adjusted to determine the noise level at three feet using the distance attenuation calculation detailed herein. Noise levels were observed to be quieter at all other sides of the cabinet, and therefore, noise measurement results from the front of the cabinet can be considered worst-case. The cabinet operates continuously at a single speed, and for this reason, the short duration measurements detailed below are considered to be representative of the noise levels generated by the cabinet at all times. Please refer to Table 1 for the noise measurement data and adjusted noise levels of the cabinet. A graphical representation of noise measurement locations is shown in Figure 1. Table 1. Noise Measurements and Adjusted Noise Levels at AHW11 Equipment Site Noise Level (dBA) j Start Time Position Duration Noise Limit Compliance (sec) At 1' from At 3' from (dBA) I Cabinet Cabinet 11:53 p.m. Front 90 51.3 41.8 45 at 3' Yes As shown above, cabinet noise levels are shown to be approximately 41 to 42 dBA at three feet from the cabinet, falling below the 45 dBA noise limit of the City of Rancho Palos Verdes. These noise levels do not account for any adjustment due to the ambient noise environment at the AHW11 site, which would demonstrate noise levels that are further reduced from what is shown herein. As noise levels at three feet from the cabinet in its current installation at AHW11 are shown to be less than the most stringent noise limit of 45 dBA at three feet from the equipment, and as equipment within the cabinet operates constantly, it can be concluded that future similar installations will also comply with the applicable residential noise regulations of the City of Rancho Palos Verdes, provided the identical shroud and two ION units are used. As sites located within nonresidential areas would be subject to meeting higher noise limits (55 dBA at three feet from equipment), noise levels at installations located in nonresidential areas would also be expected to comply with applicable noise limits. Based on the noise measurements documented herein, no mitigation is deemed necessary for attenuating exterior noise levels from wireless equipment operation at future similar installations. Conclusion Noise levels generated by the ground -mounted two remote configuration equipment at the AHW11 node were determined to be in compliance with City of Rancho Palos Verdes noise regulations, which require noise levels that do not exceed 45 dBA at three feet from wireless equipment in the right-of-way near residential properties. Based on these noise measurements, it can be concluded that future similar installations will also comply with the applicable noise regulations of the City of Rancho Palos Verdes in both residential and nonresidential areas, provided the identical shroud and two ION units are used. Based on the noise measurements documented herein, no mitigation is deemed necessary for attenuating exterior noise levels from wireless equipment operation at future similar installations. Eilar Associates, Inc. • 210 South Juniper Street, Suite 100, Escondido, CA 92025. 760-738-5570 • Fax 760-738-5227 E-94 Equipment Noise Measurements for Crown Castle (Ground -Mounted Two Remote Configuration) August 11, 2016 Job #860622N1 Page 4 of 4 This report is based on project information received and measured noise levels, and represents a true and factual analysis of the acoustical impact issues associated with Crown Castle Ground - Mounted Two Remote Configuration installations in the City of Rancho Palos Verdes, California. This report was prepared by Jonathan Brothers, Dan Gershun, and Amy Hool. EILAR ASSOCIATES, INC. J11WL11U'_; 1 2 Amy Hoo �. rincip` 1 Acoustical Consultant Figures Jona Brothers, Senior Acoustical Consultant Satellite Aerial Photograph Showing Noise Source and Noise Measurement Locations at AHW11 Site Eilar Associates, Inc. • 210 South Juniper Street, Suite 100, Escondido, CA 92025 0 760-738-5570 • Fax 760-738-5227 E-95 FIGURES E-96 E-97 STATE OF CAUFORNIA Edmund G. Brown Jr., Governor PUBLIC UTILITIES COMMISSION 506 VAR NESS AVENUE SAN FRANUSGO, GA 94'02-1795 November 12, 2014 Mary Chiodo Crown Castle. 2000 Corporate Drive Canonsburg, PA 15317 Dear Ms. Chiodo: NextG Networks of California/Crown Castle submitted a Notice of Proposed Construction for the installation of (1) new micro -antenna; (2) new underground/aerial fiber optic cable; (3) new and replacement utility poles in Rancho Palos Verdes, California. The NPC reqtlests the Energy Division to act upon NextGs request for a determination that the proposed project is consistent writh the activities identified as categorically exempt from the California Environmental Quality Act (CEQA) by the California Public Utilities Commission (Commission). In January 2003, the Commission granted NextG the authority to operate as limited Iflacilities- based (LFB' carrier in California. In May 2006, NextG submitted A.06-05-031 seeking expansion of its LFB authority to include the installation of Distributed Antenna Systern (DAS) micro -antennae and other related equipment in California. In the application, NextG stated that its projects may include the installation of a limited number of new poles, small scale Or micro - trenching, conduit installation, and the installation of laterals. Under D.07-04-045- the Commission determined that the projects planned by NextG would fall within one of several categorical exemptions identified under CEQA, and that further environmental review would not be required The Energy Division has reviewed the Next(_-T/Crown Castle proposal to install DAS equipment in Rancho Palos Verdes and has determined that the proposed project is consistent with the actions identified by the Commission as categorically exempt from CEQ.A. The Energy Division hereby grants NextG with the authority to proceed with the construction of the proJect as described in the b; PC. Sincerely, ti �—ensen Uchida California Public Utilities Commission Regulatory Analyst 7/14/2016 ULS License - Cellular License- KNKA351 -AT&T Mobility Spectrum LLC AT&TULS License Cellular License - KNKA351 - #Spectrum Call Sign KNKA351 Status Active Market 11/06/2007 Expiration Market CMA002 - Los Angeles -Long Five Year Buildout Bate Beach/Anaheim Radio Service CL - Cellular Auth Type Regular Channel Block A Submarket 0 Phase Oates Grant 11/06/2007 Expiration Effective 12/05/2014 Cancellation Five Year Buildout Bate 11/22/1998 Control Points 1 6045 EAST SLAUSON AVENUE, COMMERCE, CA 2 301 NORTH CRESCENT WAY, ANAHEIM, CA 3 15215 SOUTH BROADWAY, GARDENA, CA All Control Points (4) FRN 0014980726 Type Licensee N 10/01/2017 Limited Liability Company AT&T Mobility Spectrum LLC P:(855)699-7073 3300 E. Renner Road, 83132 F:(972)907-1131 Richardson, TX 75082 E:FCCMW@att.com ATTN Reginald Youngblood Contact AT&T Mobility LLC P:(202)457-2055 F:(202)457-3073 1120 20th Street, NW - Suite 1000 E:michael,p.goggin@att.com Washington, DC 20036 ATTN Michael P. Goggin Radio Service Type Fined Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Race hUp://\,Niireless2.fcc.gov/UlsApp/U I sSearch/l i cense.j sp?I i cKey=12514&printable E-99 1/2 7/14/2016 ULS License- PCS Broadband License- KNLF205- NEW CINGULAR WIRELESS PCS, LLC ULS License PCS Broadband License - KNLF205 - NEW CINGULAR WIRELESS PCS, LLC Call Sign KNLF205 Status Active Market Market MTA002 - Los Angeles -San Diego Submarket 37 Dates Grant 06/05/2015 Effective 06/05/2015 Buildout Deadlines 1st 06/23/2000 Notification Dates 1st 05/05/2000 FRN 0003291192 Licensee NEW CINGULAR WIRELESS PCS, LLC 3300 E. Renner Road, 83132 Richardson, TX 75.082 ATTN Reginald Youngblood Contact AT&T MOBILITY LLC Michael P Goggin 1120 20th Street, NW - Suite 1000 Washington, DC 20036 ATTN Michael P. Goggin Radio Service Type Mobile Radio Service CW - PCS Broadband Auth Type Regular Channel Block B Associated 001870.00000000 - Frequencies 001885.00000000 (MHz) 001950.00000000- 001965.00000000 Expiration 06/23/2025 Cancellation 2nd 06/23/2005 2nd 03/14/2003 Type Limited Liability Company P:(855)699-7073 F:(972)907-1131 E:FCCMW@att.com P:(202)457-2055 F:(202)457-3073 E:michael.p.goggin@att.com Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. http://\Aiireless2.fcc.gov/UlsApp/UisSearch/license.jsp?iicKey=8882&has Lease=Y&printable E-100 1/2 7/14/2016 ULS License- 700 MHz Lower Band (Blocks A, B & E) License- WQJQ721 -AT&T Mobility Spectrum LLC ULS License 700 MHz Lower Band (Blocks A, B & E) License - WQJQ721 - AT&T Mobility Spectrum LLC Call Sign WQJQ721 Status Active Market Market CMA002 - Los Angeles -Long Beach/Anaheim Submarket 0 Dates Grant 11/26/2008 Effective 02/12/2014 Buildout Deadlines 1st 12/13/2016 Notification Dates 1st 06/28/2013 FRN 0014980726 Licensee AT&T Mobility Spectrum LLC 3300 E. Renner Road, B3132 Richardson, TX 75082 ATTN Reginald Youngblood Contact AT&T Mobility LLC Michael P Goggin 1120 20th Street, NW, Suite 1000 Washington, DC 20036 Radio Service Type Mobile Radio Service WY - 700 MHz Lower Band (Blocks A,B&E) Auth Type Regular Channel Block B Associated 000704.00000000 - Frequencies 000710.00000000 (MHz) 000734.00000000- 000740.00000000 Expiration 06/13/2019 Cancellation 2nd 06/13/2019 2nd Type Limited Liability Company P:(855)699-7073 F:(972)907-1131 E:FCCMW@att.com P:(202)457-2055 F:(202)457-3073 E:michael.p.goggin@att.com Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. http://wireless2.fcc.gov/UlsApp/UIsSearch/license.jsp?licKey=3060348&printable E-101 1/2 7/14/2016 ULS License PCS Broadband Li ULS License - PCS Broadband License - WQHT993- AT&T Mobility Spectrum LLC Cali Sign WQHT993 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market MTA002 - Los Angeles -San Diego Channel Block B Submarket 14 Associated 001870.00000000 - Frequencies 001885.00000000 (MHz) 001950.00000000- 001965.00000000 Dates Grant 06/10/2015 Expiration 06/23/2025 Effective 06/10/2015 Cancellation Buildout Deadlines 1st 2nd (notification Dates 1st 2nd FRN 0014980726 Type Limited Liability Company Licensee AT&T Mobility Spectrum LLC P:(855)699-7073 3300 E. Renner Road, B3132 F:(972)907-1131 Richardson, TX 75082 E:FCCMW@att.com ATTN Reginald Youngblood Contact AT&T Mobility LLC P: (202)457-2055 F:(202)457-3073 1120 20th Street, NW - Suite 1000 E:michael.p.goggin@att.com Washington, DC 20036 ATTN Michael P. Goggin Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits.. hbp:Hwireless2.fcc.gov/UIsApp/UIsSearch/iicense.jsp?iicKey=2957918&printable E-102 1/2 7/14/2016 ULS License - AWS (1710-1755 MHz and 2110-2155 MHz) License-WQGA742- AT&T Mobility Spectrum LLC ULS License AWS (1710-1755 MHz and 2110-2155 MHz) License - WQGA742 - AT&T Mobility Spectrum LLC Call Sign WQGA742 Status Active Market Market CMA002 - Los Angeles -Long Beach/Anaheim Submarket 1 Dates Grant 11/29/2006 Effective 02/12/2014 Buildout Deadlines 1st Notification Dates 1st FRN 0014980726 Licensee AT&T Mobility Spectrum LLC 3300 E. Renner Road, B3132 Richardson, TX 75082 ATTN Reginald Youngblood Contact AT&T Mobility LLC Michael P Goggin 1120 20th Street, NW - Suite 1000 Washington, DC 20036 ATTN Michael P. Goggin Radio Service Type Mobile Radio Service AW - AWS (1710-1755 MHz and 2110-2155 MHz) Auth Type Regular Channel Block A Associated 001710.00000000 - Frequencies 001720.00000000 (MHz) 002110.00000000- 002120.00000000 Expiration 11/29/2021 Cancellation 2nd 2nd Type Limited Liability Company P:(855)699-7073 F:(972)907-1131 E:FCCMW@att.com P:(202)457-2055 F:(202)457-3073 E:michael.p.goggin@att.com Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. hUp://wi reless2.fcc.gov/U I sApp/U I sSearch/li cense.j sp?I i cl/ey=2862653&printable 1 /2 E-103 7/14/20'16 ULS License- PCS Broadband License- KNLG4.72-AT&T Mobility Spectrum LLC ULS License PCS Broadband License - KNLG472 - AT&T Mobility Spectrum LLC Call Sign KNLG472 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA262 - Los Angeles, CA Channel Block D Submarket 0 Associated 001865.00000000 - Frequencies 001870.00000000 (MHz) 001945.00000000- 001950.00000000 Dates Grant 06/21/2007 Expiration 04/28/2017 Effective 12/05/2014 Cancellation Buildout Deadlines 1st 04/28/2002 2nd Notification Dates 1st 01/14/2002 2nd FRN 0014980726 Type Limited Liability Company Licensee AT&T Mobility Spectrum LLC P:(855)699-7073 3300 E. Renner Road, B3132 F:(972)907-1131 Richardson, TX 75082 E:FCCMW@att.com ATTN Reginald Youngblood Contact AT&T Mobility LLC P:(202)457-2055 F:(202)457-3073 1120 20th Street, NW - Suite 1000 E:michael.p.goggin@att.com Washington, DC 20036 ATTN Michael P. Goggin Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits: htip://vvireless2.fcc.gov/UIsApp/UIsSearch/license.jsp;JSESSIONID_ULSSEARCH=:GK\yXnhVROC6p1rr101<VJ5snJRT16ybLNWIR9slzpnlP��Qp12129... 1/2 7/14/2016 ULS License- 700 MHz Lower Band (Blocks C, D) License - WPWU990- AT&T Mobility Spectrum LLC ULS License 700 MHz Lower Band (Blocks C, D) License - WPWU990 - AT&T Mobility Spectrum LLC Call Sign WPWU990 Status Active Market Market CMA002 - Los Angeles -Long Beach/Anaheim Submarket 0 Dates Grant 01/24/2003 Effective 12/05/2014 Buildout Deadlines 1st 06/13/2019 Notification Dates 1st FRN 0014980726 Licensee AT&T Mobility Spectrum LLC 3300 E. Renner Road, B3132 Richardson, TX 75082 ATTN Reginald Youngblood Contact AT&T Mobility LLC 1120 20th Street, NW - Suite 1000 Washington, DC 20036 ATTN Michael P. Goggin Radio Service WZ - 700 MHz Lower Band (Blocks C, D) Auth Type Regular Channel Block C Associated 000710.00000000 - Frequencies 000716.00000000 (MHz) 000740.00000000- 000746.00000000 Expiration 06/13/2019 Cancellation 2nd 2nd Type Limited Liability Company P:(855)699-7073 F:(972)907-1131 E:FCCMW@att.com P:(202)457-2055 F:(202)457-3073 E:michael.p.goggin@att.com Radio Service Type Fixed, Mobile, Radio Location Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. http://wireless2.fcc.gov/UIsApp/UIsSearclVIicense.jsp?i1cKey=2479929&printable E-105 1/2 Map of all existing and proposed facilities ar ard 140cles P so 0 iIC4 tic 0 RON jig -Ii Ils No 10 E M- at e 0 I'D m 0 PA L 0 S ---:kZVD L N. .7.4 401- Send 370 ft Barkentine Jk P s5n -19 L! rel R'li PeCII o T. - 'Qi d£3s —Z— L'iii iii t Fren ah1p cI CROWN Proprietary & CASTLE Confidential 38 E-106 LTE Coverage Analysis Market Dame: Los Angeles •:* Rancho Palos Verdes Area oDAS ❖ Plots Completion Date: August 15, 2016 E-107 LTE Existing Macro/oDAS (PCS 1900MHz) - Coverage E-108 LTE Coverage from Proposed New oDAS (PCS 1900MHz) E-109 LTE Coverage (Existing Macro/oDAS and Proposed New oDAS) — PCS 1900MHz E-110 LTE Existing Macro/oDAS (700MHz) - Coverage E-111 LTE Coverage from Proposed New oDAS (700MHz) E-112 • Pa- 1a1.-.. • - .1 LEGEND: Indoor Signal -75d6m ��. , ti Outdoor Signal -98dl3m _3G Marginal to Poor ` 44 y� �r now fe 41 sJ k I '* } ` r k _ w • r 2014 AT&T Intellectual Property. All rights reserved AT&T and the AT&T Togo are trademarks of AT&T Intellectual Property r August 15, 2016 aW CROWN CASTLE Crown Castle NG West LLC Site Justification Narrative Submitted to City of Rancho Palos Verdes Crown Castle 500 Spectrum Center Drive Suite '1200 Irvine, CA 92618 Submitted Pursuant to City of Rancho Palos Verdes Municipal Code Title 12 Zoning Ordinance Chapter 12.18.080 The Foundation for a Wireless World. CrownCastle.com E-114 CnJvvn Castle NG West LLC ("Crown Castle") provides Vxin8|8ss carriers with the infrastructure they need tOkeep people connected and business running. With approximately 4O.000towers and l8,OQO small cell nodes supported byapproximately l7,0OQmiles gffiber, Crown Castle iSthe nation's largest provider of shared wireless infrastructure, with 8 significant presence in the top 100 US markets. Crown Castle's small cell network (SCN) represents the state-of-the-art in wireless telecommunications network technology. It is a low -profile telecommunications SVSteDl capable ofdelivering wireless services tOcustomers Ofmultiple carriers such asVerizon, AT&J�Sprint, Metro PCS aDdT-Mobile. The elements of Crown Castle's SCN are grnGll-SC8le and can be attached to standard streetlight Sign poles that take Up little space in the public rights-of-way ("ROW") or, where feasible, onto existing elements in the ROW such as streetlights, traffic signals, and wooden utility poles. Crown Cast|eSCN therefore allows one aesthetically unobtrusive system to take the place of multiple antennas or macro -sites constructed by individual carriers — a single, streamlined solution that avoids the prospect of multiple carrier -constructed antenna facilities servicing a given area. Put another way, Crown Castle SCNisthe equivalent of a collocation system, as it permits many carriers to provide their services over one system with only a single series of vertical elements. 2. THE PROJECT. A. The Network. Crown Castle proposes to develop a SCN network with thirty nine (39) small cell nodes (SCN)' in the ROW in the City ofRancho Palos Verdes ("Network"). These nodes are described below. This is an application for one Ofthose SCNsubmitted t0the City OfRancho Palos Verdes /"RPV°\for review by the Department ofPublic Works. This particular location will provide needed wireless broadband and telecommunications services and the addition ofcritical network and capacity /"ServiceA[ea"\. (Fora 1 A SCN "node," as used herein, is a small -format antenna facility mounted to a streetlight, traffic signalpo|e. utility pole orstreet sign pole. The Foundation for aWireless World. 8456717.1 CrovvnCaut|e.com E_1 15 more detailed discussion of the significant gap in the Service Area, see Section 7A, infra; see also Network Map.) Each of the 39 nodes comprising the Network will utilize existing streetlight poles, traffic sign poles, utility poles and street sign poles located in the ROW, whenever possible. In some instances, however, a new pole is being proposed in the ROW because there are no existing viable alternative from an RF perspective to achieve the coverage objective. Each SCN receives an optical signal from a central hub and distributes the signal to the SCN via fiber optic cable. The optical signal is then propagated from the SCN in the form of radio frequency (RF) transmissions. Distribution of signal from the hub to the low-power, low -profile SCN, allows carriers to provide wireless telecommunications and data services to areas otherwise difficult to reach with conventional wireless telecommunications facilities. The SCN locations are: CCI Node ID Street Address/Cross Street Site Type ASGO8 Across from 30505 Calle de Suenos S/L REPL ASG09 30461 Camino Porvenir S/L REPL ASG 10 Across from Los Verdes Golf Club S/L REPL ASG11 NE Corner of Gingerroot/Narcissa Ex Wood Util ASG12 24 Narcissa Rd Ex Wood Util ASG 13 72 Narcissa Dr Ex Wood Util ASG15 28151 Highridge New Pole/Repl Street sign ASG21 Basswood/Silverspur S/L REPL ASG25 27665 Longhill S/L REPL ASG31 28809 Crestridge New Pole ASG32 corner of Whitley/Scottwood Streetlight pole Replacement The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-116 The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-117 ("S/L REPL") ASG33 Across 6480 Chartres Drive New Pole (concrete) ASG34 6960 Verde Ridge S/L REPL ASG35 6722 Abbottswood S/L REPL ASG36 Across from 28825 Doverridge New Pole (concrete) ASG37 Along Ridgegate Drive near Southridge S/L REPL ASG38 7025 Maycroft S/L REPL ASG39 26804 Grayslake Rd Existing Wood Utility Pole ("Ex Wood Util") or S/L REPL ASG41 Palos Verdes Drive South near Seacliff New Pole ASG42 5207 Valley View S/L REPL ASG43 5721 Crestridge New Pole ASG44 Armaga Spring @ Meadow Mist S/L REPL ASG45 Adjacent to 28403 San Nicholas Dr S/L REPL ASG47 Across from 3087 Crownview/Highpoint New Pole ASG48 Basswood @ Mossbank S/L REPL ASG49 Crest Rd Ex Wood Util or S/L ASG53 Adjacent to 6505 Monero Ex Wood Util or S/L ASG55 30001 Via Rivera, Rancho Palos Verdes, CA S/L REPL ASG64 South of 3344 Palos Verdes Drive West New Pole ASG69 Across 3486 Seaglen Dr. S/L REPL The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-117 ASG70 Across from 5828 Montemalaga New Pole ASG72 Palos Verdes Drive (Abalone Cove) S of Narcissa New Pole ASG73 Hawthorne at Vallon Drive Traffic Signal Replacement ASG74 31297 1/2 Palos Verdes Dr E @ Ganado (LA0362) S/L REPL—ExAtt LA0194 approx 5127 Palos Verdes Drive S Existing AT&T ("Ex AT&T") LA0196 Palos Verdes Drive S @ Boundary Trail Ex AT&T LA0351 Schooner Drive Ex AT&T LA0358 approx 9522 Palos Drive E Ex AT&T LAR069 Silver Spur Rd @ Monternalaga Ex AT&T POLE Replacement By using existing vertical infrastructure within the ROW whenever possible, the project seeks to reduce the addition of new vertical elements, thereby minimizing intrusions into the ROW. B. The Features of the Network Facilities. A majority of the nodes will consist of two (2) 24 -inch long antennas mounted back-to-back on existing streetlights, utility poles, traffic sign poles or street sign poles, two (2) fiber converters collocated with the Southern California Edison ("SCE") electric meter pedestals that would power the nodes. The total height of the facility, measured from grade level, is typically 13'-6" for traffic sign poles, street sign poles and free-standing poles, and up to 33-6" for streetlight poles and utility poles. (See Drawings: Streetlights, traffic signal poles, street sign poles, free-standing poles, and utility poles.) In addition to the antennas, the nodes feature an underground fiber pull box containing fiber. The fiber converters convert digitalized spectrum received from the hub into RF signals emitted from the antenna array to the Service Area. (See Drawings). The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-118 3. THE APPLICABLE LEGAL STANDARDS FOR APPROVAL. Crown Castle presents this analysis pursuant to the City of Rancho Palos Verdes Municipal Code Title 12 ® Zoning Ordinance, Chapter 12.18.080. (Requirements for Facilities within Public Rights -of -Way). Specifically, this narrative demonstrates the demands and rationale that led to the selection of a particular location and design for the wireless telecommunication facilities proposed herein. A. Applicable State Law. Crown Castle is a "competitive local exchange carrier" ("CLEC"). CLECs qualify as a "public utility" and therefore have a special status under state law. By virtue of California Public Utilities Commission ("CPUC") issuance of a "certificate of public convenience and necessity" ("CPCN"), CLECs have authority under state law to "erect poles, posts, piers, or abutments" in the ROW subject only to local municipal control over the "time, place and manner" of access to the ROW. (Pub. Util. Code, §§ 1001, 7901; 7901.1; see Williams Communication v. City of Riverside (2003) 114 Cal.App. 4th 642, 648 [upon obtaining a CPCN, a telephone corporation has "the right to use the public highways to install [its] facilities."].) The CPUC has issued a CPCN (attached as Exhibit D1b) which authorizes Crown Castle to construct the Network pursuant to its regulatory status under state law. Crown Castle's special regulatory status as a CLEC gives rise to a vested right to use the ROW in the City to "construct ... telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State" and to Iterect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway[.]" (Pub. Util. Code, § 790.1.) The nature of the vested right was described by one court as follows: ... "[I]t has been uniformly held that [section 7901] is a continuing offer extended to telephone and telegraph companies to use the highways, which offer when accepted by the construction and maintenance of lines constitutes a binding contract based on adequate consideration, and that the vested right established thereby cannot be impaired by subsequent acts of the Legislature. [Citations.]" ... Thus, telephone companies have The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-119 the right to use the public highways to install their facilities. (Williams Communications KCity of Riverside, supra, 1l4C@[App.4th atp.G48quoting County nfLA. While Public Utility Code section 7901.1 grants local municipalities the limited "right to exercise reasonable control 8stothe time, place, and manner in which roads, highways, and waterways are aCce3sed[l"such controls cannot have the effect Offoreclosing use h«Crown Castle Ofthe ROW Or otherwise prevent Crown Castle from exercising its right under state law to "erect poles" in the ROW. That is because "the construction and maintenance of telephone lines in the streets and other public places within the City is today @ matter of state concern and not G municipal affair.° (Williams O]nnnnUn/COtiOO V. City nfRiverside, supra, 114Cal.App.4th at p. 653.\ On the basis of Crown Castle's status as a CLEC, and its concomitant rights to the ROW, the Network is designed GsanROW system. With respect tothe siting and configuration ofthe Network, the rights afforded under Public Utilities Code section 79O1and 79Dl.1apply. Crown Castle reserves its rights under section 79O1and 79O1.1,including, but not limited to, its right tochallenge any approval process, that impedes orinfringes omCrown Castle's rights asaCLEC. B. Applicable Federal Law. The approval of the Network also is governed by the federal Telecommunications Act of 1996, Pub. L. NO1O4-lO4.11OStat. 56(codified 8samend inscattered sections mfU.S.C,Tabs lS,18,47)("TalecOnl Act"). When enacting the Telecom Act, Congress expressed its intent "to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment ofnew telecommunications technologies." (llOStat. 3tS6.) Asone court noted: Congress enacted the TCA tOpromote competition and higher quality in telecommunications services and toencourage the rapid deployment of new telecommunications technologies. Congress intended topromote B national cellular network and tOsecure lower prices and better service The Foundation for Wireless World, 6456717.1 CrownCast|ecom - / ���x 1 ��� �- for consumers hvopening all telecommunications markets tO /7-MQb/leCentrO�LLC V.Unif7edGovernment nfWyandotte, 528F.3Upp.2dl1281l46-47/D.Kan. 2007\. One way inwhich the Telecom Act accomplishes these goals iS6«reducing impediments imposed by local governments upon the iDS18ilatiOD of wireless communications facilities, such as antenna facilities. /47U.S.C.§332/C\(7)(A\.\ Section 332(c)(7VB\provides the limitations Oothe general authority reserved tOstate and local governments. Those limitations are set forth 8sfollows: /G\ State and local governments may not unreasonably discriminate among providers of functionally equivalent services (§332(r)[7)(B)(i\(U\. /b\ State and lOC8i goV8rnrnGDtS may not regulate the placement, construction or modification of wireless service facilities in 8 manner that prohibits, or has the effect Of prohibiting, the provision Of personal VVi[8l8s5 services (better known as the "effective p[Ohibitioncl8Us2") (§33I/C\(7)/BVi\(U)\. (c) State and local governments must act on requests for authorization to construct or modify wireless service facilities within 8 reasonable period of time (§ 332(c)/7VB)/ii0. (d) Any decision by a state or local government to deny request for construction or modification ofpersonal wireless service facilities must be in writing and supported by substantial evidence contained in8written record (§33Z(C)(7VBViii8. (e) Finally, oostate orlocal government O[instrumentality thereof may regulate the placement, construction or modification of personal vVi[e|8sS service facilities onthe basis of the perceived environmental effects of radio frequency emissions to the extent that such f3Ci|hi8S comply with federal CODlrnWnicatiOOs commission's regulations In addition to the above, other federal enactments and policies also guide local governmental actions, including the following: (a) The Shot Clock Rule: On November 18, 2009, the Federal Communications Commission ("FCC") adopted the "Shot Clock" Rule, placing strict time limits on local governments to act on applications for the siting ofwireless telecommunications facilities. The Shot Clock Rule was intended tO°prOrDDt8Odeployment 0fbroadband and other wireless The Foundation for aWireless World. 54567171 CmwnCast|ecom services" by "reducing delays in construction and improvement of wireless networks." (b) White House Broadband Initiative: On February 10, 2011, the White House called for a National Wireless Initiative to make 8V8i|ab|8 high-speed wireless services to at least 98 percent of Americans. The initiative would free up spectrum through incentive auctions, spurring innovation, and Create @ nationwide, interoperable wireless network for public safety with a fiscal goal of catalyzing private investment and innovation and reducing the deficit by $9.6 billion, "help the United States win the future and compete in the 32Stcentury eCOnOnny'° (47 U.S.C. § 1455(a)(1), emphasis added.) An "eligible facilities request "Modifications" includes G request to "collocate" 8 facility. (Id. at § 1455/mV2\(A).\ AS discussed further b2lOVV because it is a qualifying collocation facility, an argument may be made that the Project qualifies for ministerial approval under the Spectrum Act. Further, the Federal Communications Commission recently provided clarification tOthe Spectrum Act inarecently published order. The FCC noted inits order: We take important steps inthis Report and Order topromote the deployment of wireless infrastructure, recognizing that itisthe physical foundation that supports all wireless communications. \A/e dJthis 6«eliminating unnecessary reviews, thus reducing the costs and delays associated with facility siting and construction. Specifically, the order (dated October 17, 2014), makes provisions for the following: w Clarifies key terms inthe Act such asBase Station, Eligible Facility Request, � What constitutes Substantial Change - For Towers and Base Stations sited VVithinth8pUb|icrightOfVv8y,3ChangetoanexistingfJCilitviSleSsth8n substantial, and must b8approved ifthe height increase isless than 1O96 increase or 10 -feet, whichever is greater, Or has 3 protrusion Ofless than G- feetfrom the edge Ofthe structure, Orifthe change would defeat concealment elements of the structure. 0 Governing authority may only require documentation that is reasonably related to whether the request is covered under the rules; The Foundation for aWireless World. 64567171 CrownCast|e.com - / ��u� 1 ��� �- 0 Governing authority may not require submission 0fany other documentation, including proof of need. 1. Visual Compatibility (RPVMC Title 12, Chapter 12.18.080, Sec. A Design and Development Standards for wireless telecommunication facilities in the public right-of-way). A3discussed more fully below, the Service Area described above currently experiences 8significant gap inwireless telecommunications coverage. To fill that gap, Crown Castle proposes the "least intrusive means," as articulated by the Ninth Circuit in 7 -Mobile U.S.A., Inc. u City nfAnQGOrtes, 572 F.3d 987, 995 (9th Ci[ 2009) and as required by RPV's Wireless Telecommunications Facility Permit Application /"VVTFPA"\SeCtiOn |V/Z\(c) Description OfProject COverGg2aOd Purpose [Exhibit C2]. The standard, 86 the court noted in that case, "requires that the provider 'show that the manner in which itproposes t8 fill the significant gap in service is the least intrusive on the values that the denial sought t0s2rve.~" (Ibid.) This allows [F]mrameaningful comparison ofalternative sites before the siting application process is needlessly repeated. It also gives providers an incentive to choose the least intrusive site in their first siting applications, and it promises to ultimately identify the best solution for the community, not merely the least one remaining after a series of application denials. (Id.at 995.) |nthis case, because Crown Castle isaCLEC entitled toconstruct its systems inthe ROW, its SCN networks are inherently ROW systems. Onthat basis, Crown Castle examined those alternatives theoretically available toitinthe ROW. The analysis below demonstrates why the Project qU8lifies8S the "least intrusive means" Offilling -the significant gap inservice described above. A. Height of the Proposed Facilities GeDe[8|k/ speaking, the higher the antenna, the wider the radius of signal propagation. CmnVerseky, lower the antenna height, the smaller the radius ofpropagation. The antenna heights and locations of the SCN were chosen to provide the minimum signal level needed to meet critical coverage and capacity needs in the Service Area. Despite the technical limitations of a low -profile system, Crown Castle seeks to maximize the coverage of each node location while maintaining a lower antenna height, The Foundation for aWireless World, 6456717.1 CrownCastle.com - / ��^� 1 ��� �- if feasible, since maximization of the SCN performance equates to a lower overall number of facilities for the Network and a less intrusive system. Accordingly, each location was chosen to provide an effective relay of signal from the adjacent node, so that ubiquitous coverage of the minimum signal level is provided throughout the Service Area with the minimum number of nodes. B. Location of the Proposed Facilities. The selected SCN locations maximize the RF coverage of the SCN and minimize interference/overlap with the other SCN of the system, resulting in a lower overall number of facilities for the Network and a less intrusive system. Each SCN provides an effective relay of signal from the adjacent SCN, so that ubiquitous coverage is provided throughout the Service Area. Because each SCN is locationally dependent on the other SCN of the Network, moving a SCN too far from its proposed location will result in an inability meet coverage objectives and thereby impair the Network. In selecting SCN locations, Crown Castle also sought out existing utility poles, streetlight poles and street sign pole sites that could serve as a potential host site for alternative locations. C. Small Cells as Least Intrusive Means Technology. Even apart from the siting of the SCN, the Network itself is inherently minimally intrusive by design. SCN was developed as a smaller -scale solution to the larger macro -site or cell tower. It therefore represents a significant technological advance in the development of smaller profile wireless transmission devices. As devices shrink in size, they also, by definition, shrink in power. Accordingly, more facilities are needed and such facilities must be located closer to the user. The SCN are designed to be smaller in scale and lower power to allow them to integrate more easily into their surroundings and thereby render them less aesthetically intrusive. The SCN facilities proposed by Crown Castle combine a smaller scale product with state-of-the-art technology that allows for multiple carriers to provide service from the node. The SCN are designed to blend into the existing elements of the ROW. They feature narrow -profile poles and minimal equipment. Each facility also will be designed to blend with existing features in the road. Crown Castle's SCN network qualifies as the "least intrusive means" of filling the identified significant gap in coverage for the following reasons, among others: The Foundation for a Wireless World. 6456717• CrownCastle.com E-124 (1) Crown Castle SCN utilizes the latest in wireless infrastructure technology, incorporating smaller, low-power facilities instead of using larger -- and sometimes more obtrusive -- cell towers; (2) Crown Castle SCN utilizes the ROW, thereby avoiding intrusions into private property or undeveloped sensitive resource areas; (3) Crown Castle SCN allows for collocation by multiple carriers, thereby avoiding proliferation of nodes; (4) Crown Castle SCN strikes a balance between antenna height and coverage in order to minimize visual impacts; (5) Crown Castle SCN carefully spaces the nodes to effectively relay signal with a minimum of node locations; and (6) Crown Castle SCN seeks to utilize existing vertical elements in the ROW, such as utility poles and street signs, thereby minimizing the net number of vertical intrusions in the ROW. 2. Health and Safety/FCC Compliance. The FCC has preempted the field of compliance with RF emission standards. Moreover, section 47 U.S.C. 332(c)(7)(B)(iv) preempts local and state governments from regulating the siting of wireless telecommunications facilities on the basis of the perceived health effects of RF emissions. Nevertheless, the Network, and all equipment associated with the Network, complies with all applicable FCC RF emission standards. A demonstration of the Network's compliance with applicable FCC RF emission standards is attached as Exhibit E. 3. Safety and Monitoring Standards (IMC § 3-8-2(D)). The FCC has preempted the field of compliance with RF emission standards. Moreover, section 47 U.S.C. 332(c)(7)(B)(iv) preempts local and state governments from regulating the siting of wireless telecommunications -facilities on the basis of the perceived health effects of RF. Nevertheless, the Network, and all equipment associated with the Network, complies with all applicable FCC RF emission The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-125 standards. A demonstration of the Network's compliance with applicable FCC RF emission standards is 4. Design and Development Standards /RPVK4C12.I8.O8O\. A. Selection Criteria for Each SCN Site. Given the low profile of the SCN, and the resultant limitations of such a low -profile system, Crown Castle seeks to Ql8xi[niz2 the COV9r8ge of each SCN location, Since rn8uinniz@tiOn of the SCP4 coverage equates toalower overall number Offacilities for the network and @ less intrusive system. Accordingly, each location was chosen to provide an effective relay of signal from the adjacent SCN, so that ubiquitous coverage isprovided throughout the Service Area with the least number ofSCN. Each SCyJis|ocationaUydependent onthe other SCNofthe Network. Tomove aSCNtoo far from its proposed location will result inaninability meet coverage objectives. Moving outside that proposed location will preclude the ability of the SCN to properly propagate its signal to the other SCN in the larger Network. Crown Castle also sought out existing utility pole, streetlight pole and traffic sign pole sites that could serve aaapotential host site for alternative locations. The further a SCN is moved from its proposed location, the more the signal from that SCN will attenuate. In determining other viable locations for a 5CO3 moving more than 5Ofeet from the proposed location may materially impair the coverage objectives for the facility. While Crown Castle i9 able to install new poles to achieve its RF coverage objectives, Crown Castle made a strategic decision to minimize the installation of new poles -where possible -- and locate the Network SCN at the site of existing vertical elements, such as street signs and wood utility poles. Bvapproaching 8network design inthis matter, Crown Castle sought to avoid the risk of proliferation of verticality in the ROW. Crown Castle's approach ensures that it has chosen the "least intrusive means" ofproviding service tO the Service Area. |Omany cases, Crown Castle identified alternative locations that are technically feasible. Yet in each instance, Crown Castle selected the proposed site onthe basis Cf (3) Technical feasibility; /b\ Ability to utilize existing vertical elements; The Foundation for aWireless World. 64567171 Crown{ast|eoom - / ���� 1 �� �- (c) Ability tmmeet RFobjectives; and /d\ Minimization ofvisibility/aesthetic impacts. Since 29 of the 39 proposed sites use or replace existing poles, the proposed network results in ten new vertical elements in the ROW. B. Node Locations and the "Significant Gap" in Coverage. Each SCNOfthe Network i3necessary tOfill 3significant gap iDservice inthe City. The significant gap is graphically demonstrated as required by RPVK8CWTFPA Section |V(3) Description Of Project Coverage and Purpose [Exhibit [3l,which depicts existing service for the anchor carrier for the Network, AT&J'. (See "Existing Service Map".) The Existing Service Map describes six levels OFservice: /1\ In -Building (Dark Green); /2\ In -Building (Light Green); /3\ in -Vehicle (Yellow) and (4) In -Vehicle (Red); /5\ Poor to Non-existent (Blue) and (6) Poor to Non -Existent (Black). Each level ischaracterized hmaminimum signal level. The key tocoverage bhaving osignal level strong enough toallow multiple customers tomaintain contact with the network sothey can make and maintain contact with the network. There isadirect correlation between the height ofthe antenna and the strength Ofthe service. iDthis case, Crown Castle's design seeks 8minimum ofRFpropagation level, which provides asufficient level ofservice toaddress growing capacity demands and 1oreach indoor users, while avoiding poles that may botoo obtrusive. The courts have upheld the use ofin- building rninimnUrO standards as 8 proper benchmark for determining whether a significant gap in coverage exists. /See, e.g., MetroPCS Inc. v. City and County of Son Francisco /N.D.Ca|. 2006\ 2006 U.S. Dist. LEXIS 43985 ["careful reading ofexisting cases that contain a significant gap analysis persuades the court that any analysis should include consideration of wireless carrier's in -building coverage."].) In this case, existing service levels in the Service Area fall below the minimum standard for adequate in -building coverage. (See Existing Service K4ap.) The need to fill the existing significant coverage gap to a level that allows adequate in -building coverage and tDaddress growing capacity demands iSunderscored by the greater numbers of customers dropping their land|ineGand relying solely on wireless telecommunications for their phone service. Additionally: (1) In a recent international study, the United States dropped to fifteenth in the world in The Foundation for aWireless World. 645*717.1 CrownCasL|ecom E-1 27 broadband penetration, well behind South Korea, Japan, the Netherlands and France. z /2\ 40percent Ofall American homes are now wireless On|v.y (3) More and more civic leaders and emergency response personnel cite lack Ofarobust wireless network asa growing public safety risk. The number Of8l1calls placed by people using wireless phones has significantly increased in recent years. |tiSestimated that about 70 percent of 911 calls are placed from wireless phones, and that percentage is growing.' /4\ Data demand from new 5rngrtphOn83 and tablets is leading to 8 critical deficit in spectrum, requiring more vVi[2l233 antennas and infrastructure. According to 8 2011 report, wireless data traffic was 1lOpercent higher than inthe last half Of2OlO. Similarly, AT&T reports that its xVire|8S5 data volumes have increased 30 -fold SiDC8 the introduction of the iPhone.s (5) Six -fold projected increase in mobile data traffic growth from 2Ol5tO 2020.1 Asmore Americans depend onwireless communications technologies andSmoartphone,reUable network capacity and in -building coverage will becritical. These are some ofthe reasons courts now recognize that a"significant gap" can exist onthe basis ofinadequate in -building coverage. (See, e.g., MetnoP[S/nc u City and County ofSon Francisco, supra, U.S. Dist. LEXIS 43985; 7 -Mobile Central, LL[ v.Unified Government «fWyandotte County (D.Kans.ZOO7)528F.Supp.2dIl28.) Applying these principles tothe Service Area, Exhibit [3, reveals that Service Area iscurrently experiencing insufficient signal. Users inthe Service Area therefore would experience anintolerably high percentage Ofblocked and dropped calls for outside use, with 8commensurate decline insignal strength 8Sone moves toward the inside 0fexisting buildings and homes. Crown Castle seeks tO provide sufficient signal strength to ensure not only adequate signal for mobile and outdoor users, but reliable in -building coverage for all those customers who may seek to abandon their home landlines and sufficient capacity tOaddress new data demands from srnartphOnes and tablets. Wireless customers must be able to count on a level of service commensurate with that provided by their zOrganizotkonforEoononoicCo-operationandDeve|opnoent(]EC0}0rectorateforScience Techno|ogy, and Industry, "Broadband Stabstios,"(June ZO1O\: <vvwvwoecdoro/sti/irKbroadbandx. ' Federal Communications Commission (April 2O13). 4 Federal Communications Commission (2013) http://www.fcc.gov/guides/wireless-911-services. ' Executive Office of the President Council ufEconomic Advisors (White House, Feb. 2012\ at 2-6. The Foundation for aWireless World. 6456717.1 CrownCastle.com - / ���� 1 ��� �- landlines. Such considerations are relevant to a determination of significant gap. (See, e.g., T -Mobile Central LLC v. City of Fraser (E.D. Mich. 2009) 675 F. Supp. 2d 721 [considering failure rate of 911 emergency calls.]) By contrast, installation of the proposed SCN comprising the project would result in adequate outdoor and in -building coverage. (See Exhibit Exhibit C3(e) [predicted coverage map with SCN (...not macros]; Exhibit C3(a) and (d) [predicted coverage map without SCN (...not macros].) Crown Castle has developed a number of SCN designs, some of which are depicted in Exhibit A of the existing and enforce Rights -of Way Use Agreement ("RUA") between the City of Rancho Palos Verdes and Crown Castle. Further Crown Castle has provided the engineering specifications for the proposed facility. (See Exhibit F1- Engineering Plans). The proposed designs represent the latest achievement in reducing the profile of the facilities. A smaller antenna configuration would impede larger aesthetic objectives of facilitating collocation and minimizing the need for additional network facilities as demands on the Network grow. Put simply, the smaller the antenna result in a less robust the network. That equates to diminished capacity and coverage -- and a resultant need for more SCN in the future as more customers use the network. By contrast, the panel antennas proposed in the Network provide ample capacity For increased user demand (e.g., increased data needs). ECOIDMF RW Crown Castle respectfully presents its application for a Major Wireless Telecommunications Facilities Permit/conditional use permit for the SCN and Network. Crown Castle's representatives are on hand to answer any questions. The Foundation for a Wireless World. 6456717.1 CrownCastle.com E-129 CROWN CASTLE 10/13/2016 ASG33 Coverage Analysis The Foundation for a Wireless World. E-130 ASG33 Agenda • Exhibit C(3) — Geographic and propagation maps • Exhibit C(4) — Geographic service area for the subject installation • Exhibit F(4) — Power output and operating frequency for the proposed antenna • Exhibit H(1)(b) — Master plan of all existing and proposed facilities • Exhibit I — Alternative sites CROWN Proprietary & o CASTLE Confidential E-131 co U co E-132 Exhibit C3 a. —Geographical significant gap in coverage. i CROWN Proprietary & C CASTLE Confidential RSA • ^.+.1#ki.R9ni • x•95 ht-iu5�r:. ♦ - Ub W 41, :4 5 Ea A5 h3m i -ES to -YS 63M e �>fi5 a&n PropoHd Node 0 r*t A1kim�lw (on;Imm Fn z E-133 Exhibit C3 (b) - Proposed site and surrounding existing WIT owned and operated by the applicant Los Vq"* a 004 Cow," ■ CROWN Proprietary & CASTLE Confidential C afty0ev PfYMNS ux) (I so&. r. Csw u,.; I5 E-134 Exhibit C3 (e) — Proposed facility relative to all existing and planned facilities LDwV*Kfta Cion 0mur" CROWN Proprietary & CASTLE Confidential on. Canyon Foe laRr! fir,i, (I b"antine 4: amn r, 6 E-135 Exhibit C3 d. — Existing RF coverage. a LLS + ` • ?ad, Ib r • CROWN Proprietary & CASTLE Confidential +r-IR4:kim f �-GS Ir.-1d5:.£ptt • - �v 4G -B= :.r5te 13o�3m . --ES GC?S tl3m + .;fi3 tlEm Proposad Node 0 rs3iY F.4�1 4P-.,aO-,� � 17 E-136 Exhibit C3 e. —Proposed RF coverage. • • � .•.+•..��+IMS + s r • • CROWN Proprietary & CASTLE Confidential • a_.Ilt .Fiat . �.950a.7�Yi rEiem. . -.H;. bC •B°, m i5 to -86 !IBM • -�-us 6a Js GYRI . x arldsm Prapccad Mode 40n'i Wt9rmmmn I'maminm 'Fa9al .'r4A71a fm E-137 t r AS 10 Of kS33,x-4. 4• _ Goois earth E-139 The objective of the node, ASG33, is to provide coverage on the intersection of Cartier Drive and Charities Drive from Cartier and Rhone Dr, to handoff to the existing coverage just west of Charities and Martisse Drve. e All lb !! 4 � trl (-,;(){Nlc eai � low ty� ry ASG33`LbcauonA ASG33 Lmhon G+�, #141a , k.k All -,SG33 LocalAlt ' .n TiiGna,t�ee�=i)o(�!l' r +J w co E-142 Power output and operating frequency EIRP 700 MHz Watts EIRP 850 MHz (composite, Watts) EIRP 1900 MHz (Watts EIRP 2100 MHz Watts 141 158 269 324 CROWN Proprietary & CASTLE Confidential 114 E-143 E-144 z W 00 Ma UU a List of All Existing Facilities Carrier Site ID Latitude Longitude rrier Site ID Latitude Lon Itude trier Site ID latitude Longitude rrier Site ID Latitude Longitude AT&T HWO1 33.78431 -118.36835 rint LA36XC534 33.79089 -118.38329 HAW12 33.77588 -118.40315 rint LA36XC659 33.77366 -118.36987 AT&T HW02 33.759 -118.3 rint LA36XC535 33.78654 -118.37279 HAW14ml 33.759883 -118.405233 US NO2m2 33.77881 -118.371 AT&T HWO4 33.76809 -118.39135 rint LA36XC540 33.74165 -118.3739 rint LA34XD015 33.78752 -118.3761 US N06 33.7627 -118.37 AT&T HWO8 33.7562 -118.41017 rint LA36XC548 33.74334 -118.40946 rint LA34XD027 33.77401667 -118.395 US N15 33.78063 -118.388 AT&T HW13 33.751972 -118.39547 rint LA36XC564 33.74338 -118.31879 rint LA34XD031 33.742141 -118.40161 rim NCA5054R:13 33.76267 -118.36983 AT&T HW55 33.77283 -118.4032 print LA36XC565 33.75779 -118.36746 rint LA34XD036 33.78098 -118.39723 print NCA5054R:14 33.7741 -118.39303 MUS N18 33.759 -118.3 rint LA36XC566 33.75541 -118.40821 rint LA34XD043 33.773162 -118.403179 rint NCA5054R : 15 33.78028 -118.38791 AT&T P06 33.76225 -118.3654 riot LA36XC568 33.75005 -118.40501 print LA34XD046 33.75817 -118.413 rim NCA5054R:17 33.78238 -118.36944 AT&T P10 33.74821 -118.33322 riot LA36XC570 33.76195 -118.4107 riot LA34XD047 33.7453 -118.400786 rint NCA50545:12 33.77181 -118.36197 AT&T SP12 33.74841 -118.32487 riot LA36XC591 33.76263 -118.33513 tint LA34XD050 33.75232 -118.39593 MUS PV02m2 33.77621 -118.375 AT&T SP13 33.74212 -118.332 Drint LA36XC610 33.745028 -118.384 rint LA34XD095 33.748459 -118.32485 US PV07m6 33.7722 -118.361 AT&T ASP14 33.76265 -118.33082 rint LA36XC611 33.76868 -118.40277 rint LA34XD099 33.74218 -118.33322 US IPV13 33.7764 -118.393 AT&T ASP32 33.76554 -118.32261 print LA36XC622 33.76267 -118.36983 rint LA34XD111 33.72728 -118.33468 MUS PV18 33.768 -118.39 AT&T ASP33 33.7471 -118.3181 rint LA36XC623 33.77411 -118.39303 rint LA36XC212 33.74801 -118.31278 MUS PV19 33.76075 -118.39 AT&T ASP42 33.744397 -118.324822 rint LA36XC635 33.73869 -118.35788 rint LA36XC216 33.75954 -118.33021 MUS PV49 33.77899 -118.381 AT&T ASP52 33.76236 -118.36987 rint LA36XC639 33.7458333 -118.337222 print LA36XC219 33.73721 -118.3302 SPOT 33.731395 -118.3429 AT&T ASP59ml 33.73286 -118.33469 rint LA36XC640 33.73798 -118.33618 rint LA36XC453 33.791709 -118.3685 SPOS 33.73684 -118.3297 AT&T ASP62 33.76321 -118.32737 print LA36XC641 33.7384 -118.3444 rint LA36XC454 33.76589 -118.31092 SP06 33.74163 -118.32621 AT&T ASP63 33.758167 -118.32975 rint LA36XC646 33.77544 -118.40283 rint LA36XC516 33.77096 -118.39619JEDU SP07ml 33.738929 -118.336364 vzw HAW02 33.78012 -118.4005 print ILA36XC647 33.78898 -118.38521 rint LA36XC521 33.77181 -118.361942m-SP21 33.7481 -118.31293 ZW HAW04 33.78543 -118.3857 nrint LA36XC648 33.78238 -118.369 rint LA36XC522 33.73738 -118.332 W SP22 33.75471 -118.31486 vzw HAW05 33.78908 -118.38528 rint LA36XC649 33.78785 -118.3820 print ILA36XC523 33.75335 -118.32667rw P23ml 33.73823 -118.34436 W HAW06 33.78766 -118.3763 rint LA36XC651 33.79048 -118.37287 rint LA36XC524 33.76407 -118.33115 P24 33.73403 -118.3383 VZW HAW07ml 33.790795 -118.38286 rint LA36XC652 33.78028 -118.3879 rint LA36XC526 33.73561 -118.34777 SP25ml 33.735186 -118.354187 HAW10 33.77128 -118.39648 riot LA36XC530 33.7809444 -118.400277S MB1008-0009m2 33.74063 -118.3370 HAW11 33.76837 -118.40327 print LA36XC653 1 33.780-1 -118.37651 MUS MB1008-OC19 33.77589 -118.40319 CROWN Proprietary & CASTLE Confidential 16 E-145 List of All Proposed Facilities Carrier Site ID Latitude Longitude Carrier Site ID Latitude Longitude VZW SO SCL PALOS VERDES 3 33.761353 -118.410358 AT&T ASG32 33.76295102 -118.375093 VZW SO SCL PALOS VERDES 8 33.739781 -118.369334 AT&T ASG33 33.755661 -118.393449 VZW SO SCL PALOS VERDES 9 33.758782 -118.364486 AT&T ASG34 33.766074 -118.401094 VZW SO SCL PALOS VERDES 11 33.775391 -118.368853 AT&T ASG35 33.770696 -118.397066 VZW SO SCL PALOS VERDES 12 33.784143 -118.367588 AT&T ASG36 33.77089856 -118.3893824 VZW SO SCL PALOS VERDES 13 33.749477 -118.332934 AT&T ASG37 33.776566 -118.387413 VZW 50 SCL PALOS VERDES 14 33.746148 -118.329719 AT&T ASG38 33.77995 -118.40271 VZW SO SCL PALOS VERDES 15 33.743179 -118.31898 AT&T ASG39 33.78541831 -118.3834136 VZW SO SCL PALOS VERDES 16 33.764385 -118.331199 AT&T ASG41 33.73169 -118.34472 VZW SO SCL PALOS VERDES 17 33.760177 -118.32499 AT&T ASG43 33.767863 -118.376828 VZW SO SCL PAL05 VERDES 18 33.767905 -118.314171 AT&T ASG44 33.771255 -118.385665 VZW 50 SCL PALOS VERDES 19 33.771618 -118.309292 AT&T ASG45 33.77618 -118.39398 VZW SO SCL PALOS VERDES 20 33.761589 -118.315284 AT&T ASG47 33.74959 -118.33013 VZW SO SCL ROLLING HILLS ESTATES 1 33.773894 -118.387828 AT&T ASG48 33.78279 -118.37828 VZW SO SCL ROLLING HILLS IESTATES 2 33.781481 -118.384533 AT&T IASG49B 33.74169 -118.336646 VZW SO SCL ROLLING HILLS ESTATES 3 33.783917 -118.378903 AT&T ASG53 33.781524 -118.392501 AT&T ASG01 33.795275 -118.378278 AT&T ASG55 33.763295 -118.410407 AT&T ASG08 33.756725 -118.405011 AT&T ASG64 33.75943 -118.41442 AT&T ASG09 33.75669619 -118.401964 AT&T ASG69 33.735261 -118.340374 AT&T ASG10 33.75744 -118.39885 AT&T ASG70 33.790093 -118.381213 AT&T ASG11 33.746478 -118.375309 AT&T ASG72 33.73996 -118.3725 AT&T ASG12 33.74448 -118.37641 AT&T ASG73 33.74852 -118.39366 AT&T ASG13 33.74865 -118.37003 AT&T ASG74 33.732849 -118.334681 AT&T ASG33 33.775529 -118.38307 AT&T LA0194 33.74082 -118.36438 AT&T ASG21 33.779702 -118.374277 AT&T LA0351 33.736726 -118.352793 AT&T ASG25 33.77338093 -118.370326AT&T LA0358 33.75366 -118.327114 AT&T ASG31 33.765484 -118.367833 AT&T LAR069 33.787116 -118.372384 CCCROWN Proprietary & CASTLE Confidential 1 17 E-146 Map of all existing and proposed facilities Verdes Proposed Nodes C: j s Harb Existing Wireless Faclilities RAY Park ( �" „",'� ■ ■ Rolling or c i Hi lls ,` m' l • `'� -'mow 0 z �"'- ,��'- S. Estates V- �, • • �golliitg Hills °c td ■ i • ` <' den l ifl';" �i = %� lalemonal Naval v =!OS Ver . dr. �� • • � � i � 3 Park Reservation sy - rr Q' .30' ft a poi, • ■ PIP ID / , ■ ■ ■ y 1° LOS~` -u D& H/ L L -~� Portugu� 1 `Ur lend -{ 137tlR 4� Nature Preserve' •w� ■�at— Terranea. Pa�C • �' 9473■PednD' I�>! fill os.U@, I �'' % j F W 1st St ~s Verdes .�j%' _1 ■, t VII 7thst S r s,a i213 W -filth -St 6 ' ■ �■ l?eane N ■ Dana elf 13th St W 1. \ Trump N n Fria Ip 0'1/ Gna CIufP k ®^y Vq 17th St s J,W19th St __*CCROWN Proprietary & CASTLE Confidential E-147 Exhibit I Exhibit Alternative Locations Lat Long Property Owner Owner phone number Zoning Designation General Plan Designation ASG33 A (Primary) 33.75564968 -118.393454 N/A Public ROW Exhibit 11 ASG33 B (Alternative 1) 33.75570388 -118.3934897 N/A Public ROW Exhibit 12 ASG33 C (Alternative 3) 33.7554662 -118.3934042 N/A Public ROW Exhibit 13 ASG33 D (Alternative 3) 33.75580195 -118.3934526 N/A Public ROW Exhibit 14 ASG33 E (Alternative 4) 33.75483279 -118.3916795 N/A Public ROW Exhibit 15 ASG33 F 33.75232 -118.39593 Sprint Public ROW CROWN Proprietary & CASTLE Confidential Why it is worse than primary? See alternative analysis See alternative analysis See alternative analysis Did not meet coverage objective Too far from objective WE E-148 Alternative Analysis — (ASG33 Location C) J: CROWN CASTLE 33 D Z• 133 G�ti A : • • • 00 ••a r •.iEnrt r_.��,, . o•tvr,unR, • � arA • Proprietary & Confidential zz u 1.••600}•.•1.•• 4r - 7 �,e Citi•' Possible Locations • Faded . Passed RSRP • <_ -105 dBm • -105 to -95 dBm • -95 to -85 dBm -65 to -75 dBm • -75 to -65 dBm • --65 dBm Wireless Telecommunications Facility Node AT&T Node * On -Air 20 E-149 Alternative Analysis — (ASG33 Location D) oma JCROWN : CASTLE Do* •••••-••r_•r• RApha • • _SS • S • • 33 D v ASG33 Y.� •. > ••.• Q �• U i •• 10, • • \ •. •9t=S=i•• .060 __�A�Mj A �y •• ' • • S•••Rl.�••✓�At� l��•••p•�••••N••�•�• % Proprietary & Confidential Possible Locations ` "` • Failed O Passed RSRP • --105 d8m • -105 to -95 dBm • -95 to -85 dBm -65 to -75 dBm • -75 to -65 dBm • --65 dBm Wireless Telecommunications Facility Node AT&T Node *on -Air 21 E-150 Alternative Analysis — (ASG33 Location E) F\� t.o>i Vedes Goa coursa 33 D\lI Gh�•� 333 X 3 A • • • Mif i s • • •'� �• rdotx•r: E f Ryan • communa • • Park 0. CROWN Proprietary & CASTLE Confidential old • • �! •'�-•••iii__•• •• Possible Locations • Failed • Passed RSRP • �. -105 d8m • '105 to -95 dBm • -95 to -85 dBm -85 to -75 dBm • -75 to -65 dBm • = -65 d8m Wireless Telecommunications Facility Node AT&T Node 00n -14r 22 E-151 t� a �C• U n {� c h `rte r� old • • �! •'�-•••iii__•• •• Possible Locations • Failed • Passed RSRP • �. -105 d8m • '105 to -95 dBm • -95 to -85 dBm -85 to -75 dBm • -75 to -65 dBm • = -65 d8m Wireless Telecommunications Facility Node AT&T Node 00n -14r 22 E-151 a U m w old • • �! •'�-•••iii__•• •• Possible Locations • Failed • Passed RSRP • �. -105 d8m • '105 to -95 dBm • -95 to -85 dBm -85 to -75 dBm • -75 to -65 dBm • = -65 d8m Wireless Telecommunications Facility Node AT&T Node 00n -14r 22 E-151 CCROWN v CASTLE August 7, 2017 Nicole Jules, Deputy Director, Acting Director Public Works Department 3094o Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Crown Castle 200 Spectrum Center Drive Suite 1700 Irvine, CA 92618 RE; Shot Clock Tolritis..Asneement and Notice of Shot Clod ESDI t,) i Per RP%iM , Section 12.i,8.o6o (0(3) for Crown Castle Wireless Communication FacilitySite ASGga - New Shot Clock Expiration Date: September .1o, 2017 Dear Ms. Jules: Crown Castle NG West LLC ("Crown Castle") has agreed to the City of Rancho Palos Verdes' (the "City") request to extend the Shot Clock for this site until September 30, 2017. The purpose of extending the Shot Clock is to allow City Staff additional time to get better organized so that more meaningful presentations can be developed to better inform City decision makers. Under the FCC's Wireless Infrastructure Order (FCC 14-153, October 14, 2014), a local government is required not just to take some action within the: application titnefrarne, but to take a final action on the application within the time period. See New C` ngntar Wireless 11CS, LLC v. Town of Stoddard, 2012 11.8. Dist. LEXIS 19453 «13-15 (D.N.H. Feb. 16, 2012). Accordingly, the City must complete all of its review within they Shot Clock period. Belt Atlantic. Mobilo of Rrx-hester, L.P. v. Town of Iron dequoit, 2012 U.S. Dist. Lexis 11420 (W.D.N.l'. Jat1. ;I1, 2012). This means that the City must issue all permits required for construction to commence within the: applicad►le. Shot Clock time period, absent lie rmitted tolling. Expinition of the 11CC Shot Clock time periods means the project is shovel ready, not merely poised for another round o€ bureaucratic inertia such as an encroachment permit or appeals processes or negotiation of a franchise or other similar agreement. Further, pursuant to California Government Code section 65964.1, an application for a new wireless facility "shall be deemed approved" if: (a) the city --including a charter city -- or county fails to approve or disapprove the application within the time periods established in the Shot Clock Order and (b) all public notices regarding the application have been provided. (Gov. Code, § 65964.1, subd. (a).) Section 65964.1 also contains an express legislative finding that wireless telecommunications facilities are a matter of statewide concern, not a "municipal affair" as that term is used in section 5 of Article XI of the California Constitution. (id., § 65964.1, subd. (c).). In consideration of Crown Castle's agreement to Toll the Shot Clock, the City has agreed that: 1) This document satisfies Crown Castle's noticing requirement of Shot Clock expiration per RPVMC Section 12.18.o6o (C)(3). 2) The City will attest to and not challenge that Crown Castle's application is compliant with any and all Shot Clock requirements (federal, state and local) as of the date of this Tolling Agreement and Notice of Shot Clock Expiration. :1) That the Shot Clock for this site will expire on: September 30, 2017, unless mutually extended in a written agreement by the Parties. Any and all applicable statutes of limitation will commence from the date of the Shot Clock's expiration. Aaron Snyder Nicole Jules CROWN CASTLF NG WnsT LLC CITY or, RANCHO PALcis VERDEs The Foundation for a Wireless Worid. CrownCastle.com E-152 From: Melitta Chen [mailto:melitta0723@gmail.coml Sent: Friday, July 14, 2017 4:00 PM To: Charles Eder <CharlesE@rpvca.gov> Subject: Re: Cell Site Mock-up across 6480 Chartres Dr. Mr. Eder, This is Melitta Chen, the owner of 6477 Chartres Dr. R.P.V. CA 90275 As a concerned homeowner of Monaco in R.P.V., I would like to ask City Hall to make the RIGHT decision. Please don't destroy the precious neighborhood we have. You can't find another place like this. Whenever I looked at the million -dollar ocean view from my house, I felt lucky and blessed. Please help us to keep our community a safe, healthy paradise. Thank you for your attention. Best Regards, Melitta Chen On Mon, Jun 26, 2017 at 11:53 AM, Charles Eder <CharlesE,rr !pvca.Pov> wrote: Hello Ms. Chen, Thank you for sharing your concerns with the City. All correspondence the City receives regarding the proposed installation will be part of the public record and submitted to the Planning Commission for consideration prior to making a decision on the wireless telecommunications permit application. Please note, to the extent your opposition or comments relate to radio frequency (RF) emissions or health effects, federal law does not allow the Planning Commission to consider such concerns. Answers to your question are below. Thank you, Charles Eder, PE Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. E-153 From: Melitta Chen [mailto:melitta0723@gmail.com1 Sent: Thursday, June 22, 2017 3:49 PM To: PublicWorks <PublicWorks@rpvca.gov> Subject: Cell Site Mock-up across 6480 Chartres Dr. Hi Mr. Eder, This is Melitta Chen the owner of 6477 Chartres Dr. R.P.V. Ca 90275. Being a worried home owner, I would like to take the chance to ask some questions. 1) What is the cell site for? The proposed cell site is for AT&T coverage in the area. 2) Who has the right to build such an ugly thing in front of my house? The Federal Government has granted certain rights to telecommunications facilities to construct these facilities. 3) Who will be responsible for our health? The Federal Government gave strict guidelines for radio frequency emissions, and the applicant has, so far, followed these guidelines. 4) Who will be responsible for the deduction of the value of my property? This is a topic that cannot be determined by the City, as the City is following Federal guidelines. 5) Isn't City Hall supposed to work with the residents for our safety and happiness? The City is doing everything in its LEGAL power to reduce the proliferation and impact of these facilities. Truly sorry for my rudeness. We are so upset for what we saw now. Thank you for your attention. Regards, Melitta Chen (owner of 6477 Chartres Dr. R.P.V. Ca 90275) E-154 FRANCIS J. O'BRIEN 30085 AVENIDA ELEGANTE RANCHO PALOS VERDES CALIFORNIA 90275-4510 June 27, 2017 Charles Eder Associate Engineer City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Dear Sir: PHONE: 310 541 3042 FAX: 310 541 3728 6obrien@aol.com Received City of Rancho Palos Verdes JUN 2 8 2017 Public Works Department This letter concerns three proposed Wireless Communication Facilities proposed applied for by Crown Castle, and located at ASG 33 — 6840 Chartes Drive, ASG 10 — Los Verdes Drive west of Avenida Classica, and ASG 08 — Calle de Suenos south of Avenida de Calma. Our City takes much pride in its appearance. One of the enhancements when the neighborhoods south of Crest Road were built was underground wiring, which eliminated the need for utility poles, which are generally unsightly. I oppose the proposed facilities because they introduce utility poles and they are unsightly and depreciate the beauty of the neighborhood. Aggravating this is that they are at curbside in residential neighborhoods, adversely and directly affecting nearby homeowners. They should not be built as proposed. I recognize the need for improvement in wireless service. Alternative sites which are less visible, such as the backs of the lots or nearby canyons, would likely achieve substantially the same service objectives without imposing unsightly utility poles on the neighborhood. I respectfully request and demand that Crown Castle's proposed facilities be rejected. Very truly yours, Francis J. 'Brien E-155 From: Melitta Chen [mailto:melitta0723@gmail.com1 Sent: Friday, July 14, 2017 4:00 PM To: Charles Eder <CharlesE@rpvca.gov> Subject: Re: Cell Site Mock-up across 6480 Chartres Dr. Mr. Eder, This is Melitta Chen, the owner of 6477 Chartres Dr. R.P.V. CA 90275 As a concerned homeowner of Monaco in R.P.V., I would like to ask City Hall to make the RIGHT decision. Please don't destroy the precious neighborhood we have. You can't find another place like this. Whenever I looked at the million -dollar ocean view from my house, I felt lucky and blessed. Please help us to keep our community a safe, healthy paradise. Thank you for your attention. Best Regards, Melitta Chen On Mon, Jun 26, 2017 at 11:53 AM, Charles Eder <CharlesErpvca.gov> wrote: Hello Ms. Chen, Thank you for sharing your concerns with the City. All correspondence the City receives regarding the proposed installation will be part of the public record and submitted to the Planning Commission for consideration prior to making a decision on the wireless telecommunications permit application. Please note, to the extent your opposition or comments relate to radio frequency (RF) emissions or health effects, federal law does not allow the Planning Commission to consider such concerns. Answers to your question are below. Thank you, Charles Eder, PE Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. E-156 From: Melitta Chen [mailto:melitta0723@gmail.com] Sent: Thursday, June 22, 2017 3:49 PM To: PublicWorks <PublicWorks@rpvca.gov> Subject: Cell Site Mock-up across 6480 Chartres Dr. Hi Mr. Eder, This is Melitta Chen the owner of 6477 Chartres Dr. R.P.V. Ca 90275. Being a worried home owner, I would like to take the chance to ask some questions. 1) What is the cell site for? The proposed cell site is for AT&T coverage in the area. 2) Who has the right to build such an ugly thing in front of my house? The Federal Government has granted certain rights to telecommunications facilities to construct these facilities. 3) Who will be responsible for our health? The Federal Government gave strict guidelines for radio frequency emissions, and the applicant has, so far, followed these guidelines. 4) Who will be responsible for the deduction of the value of my property? This is a topic that cannot be determined by the City, as the City is following Federal guidelines. 5) Isn't City Hall supposed to work with the residents for our safety and happiness? The City is doing everything in its LEGAL power to reduce the proliferation and impact of these facilities. Truly sorry for my rudeness. We are so upset for what we saw now. Thank you for your attention. Regards, Melitta Chen (owner of 6477 Chartres Dr. R.P.V. Ca 90275) E-157 Ara Mihranian From: Nancy Penate Sent: Thursday, June 22, 2017 3:49 PM To: Charles Eder Subject: FW: Cell Site Mock-up across 6480 Chartres Dr. Another to add to records... From: Melitta Chen [mailto:melitta0723@gmail.com] Sent: Thursday, June 22, 2017 3:49 PM To: PublicWorks <PublicWorks@rpvca.gov> Subject: Cell Site Mock-up across 6480 Chartres Dr. Hi Mr. Eder, This is Melitta Chen the owner of 6477 Chartres Dr. R.P.V. Ca 90275. Being a worried home owner, I would like to take the chance to ask some questions. 1) What is the cell site for? 2) Who has the right to build such an ugly thing in front of my house? 3) Who will be responsible for our health? 4) Who will be responsible for the deduction of the value of my property? 5) Isn't City Hall supposed to work with the residents for our safety and happiness? Truly sorry for my rudeness. We are so upset for what we saw now. Thank you for your attention. Regards, Melitta Chen (owner of 6477 Chartres Dr. R.P.V. Ca 90275) E-158 Ara Mihranian From: Melitta Chen <melitta0723@gmail.com> Sent: Friday, July 14, 2017 4:00 PM To: Charles Eder Subject: Re: Cell Site Mock-up across 6480 Chartres Dr. Mr. Eder, This is Melitta Chen, the owner of 6477 Chartres Dr. R.P.V. CA 90275 As a concerned homeowner of Monaco in R.P.V., I would like to ask City Hall to make the RIGHT decision. Please don't destroy the precious neighborhood we have. You can't find another place like this. Whenever I looked at the million -dollar ocean view from my house, I felt lucky and blessed. Please help us to keep our community a safe, healthy paradise. Thank you for your attention. Best Regards, Melitta Chen On Mon, Jun 26, 2017 at 11:53 AM, Charles Eder <CharlesE(c�r�,rpvca.gov> wrote: Hello Ms. Chen, Thank you for sharing your concerns with the City. All correspondence the City receives regarding the proposed installation will be part of the public record and submitted to the Planning Commission for consideration prior to making a decision on the wireless telecommunications permit application. Please note, to the extent your opposition or comments relate to radio frequency (RF) emissions or health effects, federal law does not allow the Planning Commission to consider such concerns. Answers to your question are below. Thank you, Charles Eder, PE Department of Public Works E-159 City of Rancho Palos Verdes 30940 Hawthorne Blvd. From: Melitta Chen [mailto:melitta0723@gmail.com] Sent: Thursday, June 22, 2017 3:49 PM To: PublicWorks <PublicWorks@rpvca.gov> Subject: Cell Site Mock-up across 6480 Chartres Dr. Hi Mr. Eder, This is Melitta Chen the owner of 6477 Chartres Dr. R.P.V. Ca 90275. Being a worried home owner, I would like to take the chance to ask some questions. 1) What is the cell site for? The proposed cell site is for AT&T coverage in the area. 2) Who has the right to build such an ugly thing in front of my house? The Federal Government has granted certain rights to telecommunications facilities to construct these facilities. 3) Who will be responsible for our health? The Federal Government gave strict guidelines for radio frequency emissions, and the applicant has, so far, followed these guidelines. 4) Who will be responsible for the deduction of the value of my property? This is a topic that cannot be determined by the City, as the City is following Federal guidelines. 5) Isn't City Hall supposed to work with the residents for our safety and happiness? The City is doing everything in its LEGAL power to reduce the proliferation and impact of these facilities. Truly sorry for my rudeness. We are so upset for what we saw now. Thank you for your attention. Regards, E-160 Melitta Chen (owner of 6477 Chartres Dr. R.P.V. Ca 90275) E-161 Ara Mihranian From: Margaret Wang <mtzutzuw@gmail.com> Sent: Tuesday, July 25, 2017 9:11 AM To: PC; Ara Mihranian Subject: Public hearing for cell tower in regarding to ASG33 on Chartres Drive Dear Sir, My husband and I live in 30182 Cartier Drive, which is just the corner house around Chartres Drive. The proposed cell Transmitter ASG33 is set to be right in front of our front lawn. We find this proposed cell transmitter to incommode my use of the street in the proper senses that it will casue inconvenience, distress and/or worry us when passing even near the transmitter pole. The pole will also destroy the view from our house and greatly decrease our house value. We are also against the transmitter on aesthetic grounds and possibly other grounds as well. We are currently out of state right now, so we won't be able to attend the hearing tonight. But we want our voices to be heard about this matter. Please stop this cell tower installation. We have been living in PV since 1982, it's always been the protective preserved environment we loved. Please don't destroy our neighborhood with these cell towers. Thank you for your attention, Best regards Margaret Wang Yi Hsun Lee 30182 Cartier Drive Rancho Palos Verdes CA 90275 1.'t' Windows 10 0,J04OLT, E-162 Ara Mihranian From: Jeff Calvagna <jcalvagna@netzero.com> Sent: Friday, July 28, 2017 6:46 AM To: Ara Mihranian; PC Cc: Christy.Lopez@bbklaw.com Subject: Full AT&T Propagation Map Sets Attachments: RPV PVE ATT Prop map full sets.pdf Director Mihranian and Planning Commission members, I previously submitted a short package demonstrating that the AT&T coverage maps submitted by Crown Castle were directly contradicted by previous submissions to Palos Verdes Estates. In comparison, the RPV maps showed much worse existing coverage than that shown in PVE. There is no valid technical rationale for this discrepancy. I presented this material at the 7/25/17 public hearing. Commissioner Tomlin requested full copies of the propagation maps during the hearing. I've prepared the attached PDF that includes the complete map sets for all four submissions. I've also included a short section at the beginning that explains the provenance of the maps and some of the differences between the sets. This is important as the sets have configurations that are common among the sets and some that aren't common. This can be confusing so hopefully this introduction helps in reviewing the maps. Please don't hesitate to contact me if I can be of assistance. Best Regards, Jeff Calvagna E-163 City of Rancho Palos Verdes Planning Commission Discrepancies in AT&T's Existing Service Coverage Claims and Complete Propagation Map Sets Jeff Calvagna 7/is/Zos7 E-164 1 Summary of Key Points • On AT&T's behalf, Crown Castle has alleged a "significant gap" exists in AT&T's service coverage over much of Rancho Palos Verdes 0 Under federal law, if a "significant gap" does truly exist it has important implications regarding the City's abilty to deny proposed sites As required by RPV, Crown Castle submitted propagation maps prepared by AT&T as evidence of their significant gap claims 0 The coverage shown in these maps is directly contradicted by previous submissions to Palos Verdes Estates. These are public records and have been included in this report 0 In common comparisons between these map sets, the more recent RPV maps show significantly reduced coverage than the earlier PVE maps As these maps are alleged as depicting identical scenarios, there is no valid technical explanation for this discrepancy • This discrepancy raises serious questions about the legitimacy of Crown Castle's significant gap claims E-165 z Four AT&T propagation map sets were submitted to Palos Verdes Estates and Rancho Palos Verdes. These maps depict various scenarios and configurations: • Existing coverage —these should be identical among the sets for a common configuration • New Site coverage — these are different among the map sets as the proposed sites are different • Combined coverage — Existing and new site coverage combined together. These are also different among the sets as they include different proposed sites "X" denotes map was submitted, number in parenthesis is the page number in this report. Red box indicates the common configuration (existing coverage, 4G service type, and 700 MHz frequency band) among all data sets. These maps should show identical existing coverage. UMTS 850 — See last page of this report for notes regarding the older protocol 2G/3G UMTS maps e� E-166 UMTS 850 LTE 700 LTE 1900 850 MHz band 700 MHz band 1900 MHz band (2G/3G — obsolete, see note) (4G — current service type) (4G - current service type) Propagation Map Receiving existing new site combined existing new site combined existing new site combined Submitter Set Jurisdiction coverage coverage coverage coverage coverage coverage coverage coverage coverage AT&T coverage X X X X Palos Verdes maps dated p AT&T (16 ) ( 17 ) (7,14) (15) Estates /24/15 (20 -zoom) (21 -zoom) (18 -zoom) (19 -zoom) AT&T coverage Crown Palos Verdes X X X X X X maps dated Castle Estates (24) (25) (26) (8,27) (28) (29) 10/2/2015 AT&T coverage Crown Palos Verdes X X X X X X maps dated Castle Estates (32) (33) (34) (9,35) (36) (37) 10/20/15 AT&T coverage Crown Rancho Palos X X X X X X maps dated Castle Verdes (10,43) (44) (45) (40) (41) (42) 9/15/2016 "X" denotes map was submitted, number in parenthesis is the page number in this report. Red box indicates the common configuration (existing coverage, 4G service type, and 700 MHz frequency band) among all data sets. These maps should show identical existing coverage. UMTS 850 — See last page of this report for notes regarding the older protocol 2G/3G UMTS maps e� E-166 Example: Comparison of common existing coverage configurations (same LTE/4G service type and frequency band). RPV maps show significantly reduced coverage despite depicting identical areas and coverage targets Submitted to Palos Verdes Estates October 2015 (dated 10/20/15) Submitted to Rancho Palos Verdes February 2017 (dated 8/15/16) LTE 700 Macro -Coverage 1 LEGEND: 75 darn Indoor Signal In.vehicle Signal 85 dBm October Outdoor Signal •9$ dBm LTE Existing Macro/oDAS (700MHz) - Coverage �ECI:No: 0 Indoor S+final -7K Br . In -Vehicle Siq•at 5c, am. August 15, 2016• Gutdvor Signal 481 BIT, 'sG Mary+na;to :�acrCo�,erage PVE 10/20/15 map is shown full size, RPV 8/15/16 map cropped to show the same region as the PVE map for a direct comparison. All original full size maps are included in this report for reference. E-167 4 The balance of this report contains all the submitted AT&T propagation maps as submitted in Palos Verdes Estates and Rancho Palos Verdes. • Section 1: Full-size maps showing common configurations as submitted of the existing service coverage (red box in page 3 table) 0 700 MHz LTE (4G) existing service maps (pages 6 to 10) o These maps may be directly compared to each other as they are alleged as depicting the same thing with the same coverage targets • Section 2: Complete map sets for reference (pages 11 to 45) o All AT&T propagation maps submitted for each set o These include many configurations that are not common between the sets. They are included as full disclosure though the reader should use caution if making comparisons o Maps that are common across the sets have been marked with a blue star in the upper right hand corner 61 E-168 Section 1: Common existing service propagation maps between the four map sets • Palos Verdes Estates map dated 9/24/15 (page 7) • Palos Verdes Estates map dated 10/2/15 (page 8) • Palos Verdes Estates map dated 10/20/15 (page 9) • Rancho Palos Verdes map dated 9/15/16 (page 10) E-169 0 IQ E-170 00 r -A E-172 P-11 WT• ui w W, oe- A 'Role Section 2: Complete AT&T map sets submitted • Palos Verdes Estates map set dated 9/24/15 (pages 12-21) • Palos Verdes Estates map set dated 10/2/15 (pages 22-29) • Palos Verdes Estates map set dated 10/20/15 (pages 30-37) • Rancho Palos Verdes map set dated 9/15/16 (pages 38-45) 11 E-174 AT&T Propagation Maps Submitted by AT&T Received by Palos Verdes Estates Maps dated 9/24/15 Submitted for a replacement AT&T cell tower (PV -11) Includes RPV coverage to just south of Crest Road Existing coverage: marked "Existing sites" Proposed new coverage: not submitted Combined existing and proposed: marked "Existing sites with proposed DAS node" E-175 12 LTE Coverage Analysis 13 E-176 E -177 O Z V1 Q D O O CL O I- CL d Z i� �3 v� c w 41 0 CL W of m a� 0 0 0 N w F- E -178 Lo r. N .A D1 iA �X W O a Ch m a� 0 V O Ln d0 H E-179 IS "M _ •e o�/!Q j_ � X343 �� S i O Alp Z (A V) / a O CL CIL Y7 1 . C •i � {� a tQ ,4A �•• ui _O � Co v n O- ofjfj = W E-180 E-181 00 4L E-182 0) -4 s < E-183 0 N N E-184 AT&T Propagation Maps Submitted by Crown Castle on behalf of AT&T Received by Palos Verdes Estates Maps dated 10/2/15 Submitted for the first half of Crown Castle's AT&T deployment Includes only the north extreme of RPV Existing coverage: marked "Macro" Proposed new coverage: marked with the small cell ID (ASG01...) Combined existing and proposed: marked "Macro and oDAS" 22 E-185 23 E-186 E E CO jj E-187 0 Ln co ,tv"'C' � 4 Sven* WD'Al'o IV WA LP CPO 16 AL M LO N �- E -189 kD N 44 • E-190 I.I.% Ln 0 Ln %D Q LA ci CD m 0 C LAj t; .2 r E-191 00 cli rn 11 e 3t 0 AT&T Propagation Maps Submitted by Crown Castle on behalf of AT&T Received by Palos Verdes Estates Maps dated 10/20/15 Submitted for the second half of Crown Castle's AT&T deployment Includes RPV coverage to just north of Crest Road Existing coverage: marked "Macro" Proposed new coverage: marked with the small cell ID (ASG02...) Combined existing and proposed: marked "Macro and oDAS" 30 E-193 LTE Coverage Analysis M.irket dame: Las Angeles ❖ Palos Verdes Estates oDAS ASG02,ASGO4,ASGO6,ASG07,ASGSOfASGS 11ASGS41ASGS7 ASGS9,ASG6I,ASG62,ASG63 & ASG67 Plats Completion October 20, 2015 31 E-194 N M M m E-196 W cri m L W 0 u a 0 0 off! 0 L u 0 LA co i E-197 �T co T 0..A E-198 Ln m W M 1, t7 r E-199 E-200 AT&T Propagation Maps Submitted by Crown Castle on behalf of AT&T Received by Rancho Palos Verdes Maps dated 8/15/16 Submitted for Crown Castle's AT&T deployment Includes coverage of all RPV Existing coverage: marked "Existing macro/oDAS" Proposed new coverage: marked "proposed new oDAS" Combined existing and proposed: marked "Existing Macro/oDAS and proposed new oDAS" 38 E-201 39 E-202 LTE Existing Macro/oDAS (PCS 1900MHz) - Coverage [A to] E-203 oy I E-204 N d' a D� C% '� army gag L r .l% z� o m Cb 0 $� Au IC `ib13 ' tlCy�^ Cu W t S E �� ff Ln �.Ctn V ui ( 'o o 1. E-205 � i f i E \ a D Jz _tZ "i CL LJ � � t E-207 Notes on Palos Verdes Estates UMTS 850 maps: The propagation maps submitted to Palos Verdes Estates in 2015 included UMTS coverage for the 850 MHz band. UMTS is an older protocol used in AT&T's 2G and 3G implementation and is being retained on one frequency band for the time being to provide backward compatibility with older devices. No UMTS maps have been submitted to Rancho Palos Verdes as all coverage targets have focused exclusively on the newer LTE 4G protocol. Although it does not affect comparisons to the Rancho Palos Verde submission, it should be noted that the UMTS maps have a methodological flaw. The Palos Verdes Estates UMTS 850 maps show significantly smaller coverage than the LTE maps for the same transmitter location, with coverage levels approximately 10 dB lower. This in and of itself is not credible as the different protocols don't significantly influence coverage range. When asked about this during a meeting in Palos Verdes Estates, Crown Castle's senior engineer stated that the UMTS maps portrayed the Reference Signal Code Power (RSCP) metric rather than the Reference Signal Strength Indicator (RSSI) metric. As RSCP is roughly 10 dB lower than RSSI, the target signal levels should have been adjusted accordingly (e.g. -85 dBm for indoor service rather than -75 dBm). Had this appropriate correction been applied, the coverage footprints for LTE and UMTS would closely match. This is entirely consistent with the expected coverage of the two protocols. This finding has no bearing on the main conclusions of this report regarding the discrepancy in existing LTE coverage between maps submitted in Palos Verdes Estates versus those in Rancho Palos Verdes. It is noted for completeness and in the event the reader has questions regarding the UMTS 850 maps. 46 E-209 Ara Mihranian From: Jeff Calvagna <jcalvagna@netzero.com> Sent: Tuesday, August 1, 2017 8:27 AM To: Ara Mihranian; PC; Christy.Lopez@bbklaw.com Subject: Additional errors in ATT coverage maps Attachments: Errors in RPV ATT Prop Maps Calvagna.pdf Director Mihranian and Planning Commission members, I previously submitted documentation showing that Crown Castle's claims of existing AT&T coverage within the City were directly contradicted by earlier submissions to Palos Verdes Estates. The PVE maps showed much better existing coverage. This is of great concern as these maps are supposed to be an accurate representation of existing coverage. After a more detailed review of the maps submitted to RPV, it is now clear that within these maps themselves there are very troubling discrepancies. The coverage from existing sites is consistently depicted as having lower signal levels and much shorter range than the new proposed sites despite being of comparable composition. There is no reasonable technical explanation for this difference. This finding is consistent with the discrepancy between existing coverage submitted to RPV versus that submitted to PVE. Our municipal code requires an exception to place new poles or cell towers on local (residential) streets. Crown Castle chose not to comply with our ordinance but instead submit non-compliant sites justified through claims of a "significant gap" in existing service. This makes these coverage map discrepancies highly significant. I've documented these findings in the attached submission. Best regards and thank you for considering these important points. Jeff Calvagna E-210 City of Rancho Palos Verdes Planning Commission Significant discrepancies in the AT&T propagation map set submitted to Rancho Palos Verdes — existing coverage substantially understated Comments by Jeff Calvagna 8/1/2017 E-211 Summary of Key Points • As previously noted, AT&T coverage maps submitted to RPV show existing signal levels at least 10 dB lower than those submitted to Palos Verdes Estates. There is no valid technical rationale for this. 0 Further review shows there is a large discepancy between coverage of existing sites versus that of proposed sites within the RPV map set • Existing "small cell" sites should have comparable coverage to the new, proposed small cell sites. Yet in virtually every case, the existing sites are depicted as having far less coverage. This just isn't credible • There appears to be systemic error in the coverage of all existing sites that is not present in the proposed sites. The error is estimated to be 10- 15 dB, comparable to the PVE "existing" map discrepancy. • As Crown Castle is attempting to compel RPV to approve non-compliant cell towers with these maps, these descrepancies are unacceptable E-212 Existing vs. Proposed Coverage (1900 MHz) submitted to RPV (ZOOMED IN from full size map) �G34 EXISTING COVERAGE Pink Dots — Existing small cells Purple Dots — Existing macro (large, high power) sites PROPOSED COVERAGE Red Dots — New, proposed small cells Coverage from the existing sites (left chart — pink dots) should be comparable to the proposed sites (right chart — red dots). Instead it is much smaller without any credible explanation. -213 Existing and Proposed Coverage (1900 MHz) Shown Together LTE Coverage (Existing Macro/oDAS and Proposed New oDAS) — PCS 1900MHz In virtually every case, the existing small cells sites (pink dots) have dramatically smaller coverage than the proposed sites (red dots). This is obviously wrong. CASE STUDY — Existing Small Cell (pink dot) vs. Proposed Small Cell (red dot) i Ad 1900 MHz . IASG EXISTING Hawthorne Blvd. 30 feet tall 48 in antenna Compare sa t;&�' -s Same RF equipment, similar antenna, similar height and terrain —This can't possibly be accurate PROPOSED Doverridge Dr. 26 ft tall 22 in antenna E-215 700 MHz Maps Also Show Existing Site Coverage too Small LTE Coverage (Existing MacrojoDAS and Proposed New oDAS) — 700MHz Not as clear here as cells run together, but compare existing (pink) to proposed (red) CASE STUDY —Existing High Power Macro Cell (purple dot) vs. New Proposed Small Cells (red dots) PR()P(1tIFn ASG53 Monero Drive IT 79 PROPOSED ASG37 Ridgegate Drive Gam. 011 81Edffi .4 14 The claim that these new small cells have greater or even comparable coverage to an existing high-power macro site is absurd. There is obviously something significantly wrong with the existing coverage depicted in these maps. E-217 CONCLUSIONS • 'These maps can't be accurate. Existing sites appear to show coverage 10-15 dB lower than actuality while the proposed sites look approximately correct. The existing coverage being too low is also shown when compared to maps submitted to PVE • Regardless of how this happened, these errors raise serious questions regarding Crown Castle's alleged "significant gap" claims on AM's behalf • Crown Castle has an interest in existing coverage appearing poor. They are trying to use these maps to compel RPV to approve cell towers that violate RPV's local street and new pole location restrictions (RPV MC 12.18.200) • The intent of RPV's location restrictions is to protect aesthetics, neighborhood compatibility, and property values. Exemptions should not be granted lightly • In the event Crown Castle claims existing coverage is accurately depicted, then why are they not upgrading existing sites to improve coverage prior to requesting new sites? • Crown Castle owes the City a full accounting of how these maps were generated including a detailed description of all assumptions. A full independent assessment is warranted to understand how this discrepancy happened and the true existing coverage E-218 • About the author —Jeff Calvagna is Rancho Palos Verdes resident and a Radio Frequency Systems Engineer with over 25 years' experience in antenna design, propagation analysis, and developing link budgets. The author has access to specialized test equipment allowing field measurements and has extensively characterized AM's wireless network and service on the peninsula. The author has no competing interests and has received no compensation for any effort regarding Crown Castle's proposed deployment. E-219 BACKUP — FULL RPV AT&T MAP SET FOR REFERENCE AT&T Propagation Maps Submitted by Crown Castle on behalf of AT&T Received by Rancho Palos Verdes Maps dated 8/15/16 Submitted for Crown Castle's AT&T deployment Includes coverage of all RPV Existing coverage: marked "Existing macro/oDAS" Proposed new coverage: marked "proposed new oDAS" Combined existing and proposed: marked "Existing Macro/oDAS and proposed new oDAS" E-220 LTE Caverage Analysis Market Name: los Angeles + Rancho Palos Verdes Area oDAS ❖ Plots Completion Date: August 15, 2016 E-221 LTE Existing Macro/oDAS (PCS 1900MHz) - Coverage E-222 E. E-223 Y i August 1S, 2016 aw L - E-226 WWI C th Oki, .r4.^^^""ftvw=~-,vww°=~v�°�~=".".Ir W, . August 15, 2016 Ara Mihranian From: Jeff Calvagna <jcalvagna@netzero.com> Sent: Saturday, August 5, 2017 11:02 AM To: Ara Mihranian; Nicole Jules; PC Cc: Christy Lopez; Lona Laymon Subject: Required undergrounding of cell tower equipment Attachments: RPV cell tower undergrounding Calvagna.pdf, SCE_3547E_wireless_technology_rate.pdf (Note: In the event this email formatting is lost, this memo is attached as a PDF file) Director Mihranian, Assistant Director Jules, and Planning Commission members, As was discussed at the 7/25/2017 Planning Commission hearing, RPV Municipal Code 12.18.080(A)(12) requires that all wireless facility accessory equipment be located underground unless deemed infeasible by the City. This was an important and key aspect of our wireless ordinance in protecting our City's aesthetics and neighborhood character and must be enforced. It is no different that RPV's four decade old requirement of undergrounding new utility infrastructure. None of Crown Castle's proposed AT&T cell towers comply with this requirement. Crown Castle's rationale for an ordinance exception is extremely superficial, and is based on two rather flimsy arguments: • Underground vaults require intrusive ventilation stacks (large above ground air vent pipes) thus an above ground cabinet is comparable, or even less, intrusive than an underground vault • An above ground electric meter is required so the City may as well allow an above ground cabinet with the meter attached to the side Neither of these arguments is persuasive. My belief is that Crown Castle is proposing above ground cabinets as they are inexpensive and convenient rather than any substantive technical or engineering rationale. Further, important changes to Southern California Edison's "Wireless Technology Rate" program will soon remove the electric meter requirement. No Need for Above Ground Ventilation Stacks The first point is easily debunked. There are numerous examples of existing cell tower equipment throughout the City that use ground -flush ventilation grates rather than intrusive above ground ventilation stacks. The notion that the minimal heat dissipated by the proposed equipment requires some sort of industrially -sized ventilation towers is completely unsupported and frankly ridiculous. Using the ground -flush vent grate method is not unusual and is a reasonable installation requirement. In addition, Crown Castle has previously proposed small underground vaults using ground -flush vents in Santa Barbara County (Montecito). During the 7/25/2017 hearing, I displayed an engineering drawing from this deployment depicting the vault (below). E-228 S' Ga?A1 W {rtOV51 rM (3y dYORr v,.�tarrttb '�NFd9J �. �± ¢fix aFA rev A 4A+lAN rb av54eR aawr;�tx tctw,tr,�s ma - rte sa,n ----� � . 12?2V e.+tv?r*rr'o LRA(f CAM + W xrs' 4" WU twats9 } y. r,70 V;er r v ( � lJ �Ti+M� it J e*r• r «any r .-M owa'U wscr WMI p a• ctwz07 44r rm /- f** CAAAQ Ulu �s "'—,•.–'+xwa ar+sr air 4' WOO$ b �y y- f�aff x . �4R4 ire? ro AND 1`M (Embedded photo) Drawing excerpt of the Crown Castle's minimally intrusive underground vault used in Montecito. The City can access the full engineering package at this link: http://sbcou ntypla nning.org/PDF/boa rds/M PC/07-24-2014/13CUP-00000-00009/Plans. pdf In response to my public hearing comments, Aaron Snyder from Crown Castle stated that these were large subterranean vaults enabling full personnel access. There was an implication that this type of installation would be physically large and imposing. While that may be true in some existing macro site installations, it is certainly not the case in Crown Castle's proposed Montecito small cell Deployment. A review of the drawings at the link will show the proposed vaults are less than six feet long, approximately three feet deep, and are minimally intrusive. There is no reason some sort of comparable installation can't be used in RPV. Need for an Above—Ground Electric M When these applications were originally filed in 2016, Southern California Edison did require an above ground electric meter for many of these sites; however this is not sufficient rationale to allow an even more intrusive equipment cabinet. Importantly, dedicated electric meters will soon not be required. Effective February 23, 2017, Southern California Edison filed an advice letter with the California Public Utilities Commission (Advice Letter 3547-E, see attachment) that revises the electric meter requirement for virtually all "small cell" installations. This revision changes important aspects of SCE's "wireless technology rate" (WTR) to encompass these proposed sites and thus allow flat rate, unmetered installations. The previous WTR limited applicability to sites consuming no more than 500 kiloWatt-hours (kWh) per month, thus Crown Castle's proposed sites did exceed this level. The new WTR includes a tiered system that extends up to 2700 kWh E-229 •: w -x 4'*VWD 4CVX WOU W€16r K x 3" 9e'r'+ltta ! (3y dYORr v,.�tarrttb '�NFd9J �. �± ¢fix aFA rev A 4A+lAN rb av54eR aawr;�tx tctw,tr,�s ma - rte sa,n ----� � . 12?2V e.+tv?r*rr'o LRA(f CAM + W xrs' 4" WU twats9 } y. r,70 V;er r v ( � lJ �Ti+M� it J e*r• r «any r .-M owa'U wscr WMI p a• ctwz07 44r rm /- f** CAAAQ Ulu �s "'—,•.–'+xwa ar+sr air 4' WOO$ b �y y- f�aff x . �4R4 ire? ro AND 1`M (Embedded photo) Drawing excerpt of the Crown Castle's minimally intrusive underground vault used in Montecito. The City can access the full engineering package at this link: http://sbcou ntypla nning.org/PDF/boa rds/M PC/07-24-2014/13CUP-00000-00009/Plans. pdf In response to my public hearing comments, Aaron Snyder from Crown Castle stated that these were large subterranean vaults enabling full personnel access. There was an implication that this type of installation would be physically large and imposing. While that may be true in some existing macro site installations, it is certainly not the case in Crown Castle's proposed Montecito small cell Deployment. A review of the drawings at the link will show the proposed vaults are less than six feet long, approximately three feet deep, and are minimally intrusive. There is no reason some sort of comparable installation can't be used in RPV. Need for an Above—Ground Electric M When these applications were originally filed in 2016, Southern California Edison did require an above ground electric meter for many of these sites; however this is not sufficient rationale to allow an even more intrusive equipment cabinet. Importantly, dedicated electric meters will soon not be required. Effective February 23, 2017, Southern California Edison filed an advice letter with the California Public Utilities Commission (Advice Letter 3547-E, see attachment) that revises the electric meter requirement for virtually all "small cell" installations. This revision changes important aspects of SCE's "wireless technology rate" (WTR) to encompass these proposed sites and thus allow flat rate, unmetered installations. The previous WTR limited applicability to sites consuming no more than 500 kiloWatt-hours (kWh) per month, thus Crown Castle's proposed sites did exceed this level. The new WTR includes a tiered system that extends up to 2700 kWh E-229 per month, easily encompassing the power consumption of the proposed sites. Adoption of this new WTR is currently underway. (Please see the attached file for the advice letter and WTR background). Once this plan is formalized and in place, there will no longer be a dedicated electric meter requirement for any of these sites. The City must not be persuaded to accept above ground equipment cabinets based on the electric meter rationale. Even without changes to SCE's WTR program, an above ground electric meter is far less intrusive than what Crown Castle proposes. Please consider these facts: • Crown Castle is proposing to attach a large exposed and unsightly "bubble meter" to the side of their above ground equipment cabinet, something not evident in the mock-ups. (Please see the photo below of an existing Crown Castle installation.) • A dedicated electric meter is less intrusive than the cabinet proposed by Crown Castle for their equipment, being only 16 inches wide and 48 inches tall and fully self contained. • Unlike the equipment cabinet which should be within around 50 feet of the antenna location for technical reasons, an electric meter can be located hundreds of feet distant. It can be located in a relatively unintrusive location and screened from view. • If an existing City -owned electric meter is in the vicinity, power can be accessed from it without requiring a new meter. (Embedded photo) Photo of an existing Crown Castle ATT Equipment Cabinet with side mounted electric meter (location on east side of Crenshaw, south of Crest Road) 3 E-230 Coupling these facts with changes to SCE's WTR program, there is no compelling rationale to allow above ground equipment cabinets. Even if time constraints require site installation prior to full adoption of SCE's new WTR program, the City must require undergrounding of equipment with a separate electric meter pedestal if needed. Then, as a condition of approval, the City can require removal of the electric meter pedestal once the new SCE WTR plan is fully in place. If the City allows above ground equipment cabinets now (whatever the rationale) it is all but certain that the accessory equipment will never moved underground. To protect our City's aesthetics, RPV must clearly bifurcate the electric meter issue from that of the location of the accessory equipment itself. They are two separate and distinct concerns. I urge staff to familiarize themselves with the points raised in this memo and carefully study the attached SCE document regarding changes to the WTR program. Crown Castle's arguments for allowing the above ground equipment cabinet are superficial and self-serving. The City is under no obligation to approve intrusive, non -complaint installations to further Crown Castle's financial interests. Best regards and please contact me if I can be off assistance. Jeff Calvagna Attachments: PDF of this memo, SCE Wireless Technology Rate advice letter and background E-231 Comments regarding required undergrounding of wireless facility accessory equipment Jeff Calvagna August 5, 2017 Director Mihranian, Assistant Director Jules, and Planning Commission members, As was discussed at the 7/25/2017 Planning Commission hearing, RPV Municipal Code 12.18.080(A)(12) requires that all wireless facility accessory equipment be located underground unless deemed infeasible by the City. This was an important and key aspect of our wireless ordinance in protecting our City's aesthetics and neighborhood character and must be enforced. it is no different that RPV's four decade old requirement of undergrounding new utility infrastructure. None of Crown Castle's proposed AT&T cell towers comply with this requirement. Crown Castle's rationale for an ordinance exception is extremely superficial, and is based on two rather flimsy arguments: • Underground vaults require intrusive ventilation stacks (large above ground air vent pipes) thus an above ground cabinet is comparable, or even less, intrusive than an underground vault • An above ground electric meter is required so the City may as well allow an above ground cabinet with the meter attached to the side Neither of these arguments is persuasive. My belief is that Crown Castle is proposing above ground cabinets as they are inexpensive and convenient rather than any substantive technical or engineering rationale. Further, important changes to Southern California Edison's "Wireless Technology Rate" program will soon remove the electric meter requirement. No Need for Above Ground Ventilation Stacks The first point is easily debunked. There are numerous examples of existing cell tower equipment throughout the City that use ground -flush ventilation grates rather than intrusive above ground ventilation stacks. The notion that the minimal heat dissipated by the proposed equipment requires some sort of industrially -sized ventilation towers is completely unsupported and frankly ridiculous. Using the ground -flush vent grate method is not unusual and is a reasonable installation requirement. In addition, Crown Castle has previously proposed small underground vaults using ground -flush vents in Santa Barbara County (Montecito). During the 7/25/2017 hearing, I displayed an engineering drawing from this deployment depicting the vault (below). E-232 PTC) � wr. wp w (2) RUSH ITOtRTTEO LfNr(S) _riu BE COCA MD N A NANMR TO WE &V PROPER ARANCES AV ACCORDANCE TO C.YTY -WCVfOAr MVS i (Og1212P PARKWAY ORATE CAST IRON 19" x191 ST LBS) 010M+O tim 7 RN k Ow s I -CM COO CRUSHCO ROM LEM MUST BE MOVE D*AWAOE MOUS 91 wur Ps1E (MYN r Notts V A 2' SEPARAMY) 11 SUMP P(W i j PT W TOP SECT fN SCALY -RJ amt -N Arom Rr= V-91 INTERNAL VAULT CONFIGURA17ON ouncT p S* CON"t JST FAR f (AMU EXHAUST 40 PVC V- POW OT TnJssr or AOOK ORAWAOE HOLES Y YENr PP$ (MTH 1- HOLtfS tl' • VED X J1 WARAflON) TO 1 AND Th Drawing excerpt of the Crown Castle's minimally intrusive underground vault used in Montecito. The City can access the full engineering package at this link: http://sbcountVplan ning.org/PDF/boa rds/M PC/07-24-2014/`13CU P-00000-00009/Plans. pdf In response to my public hearing comments, Aaron Snyder from Crown Castle stated that these were large subterranean vaults enabling full personnel access. There was an implication that this type of installation would be physically large and imposing. While that may be true in some existing macro site installations, it is certainly not the case in Crown Castle's proposed Montecito small cell Deployment. A review of the drawings at the link will show the proposed vaults are less than six feet long, approximately three feet deep, and are minimally intrusive. There is no reason some sort of comparable installation can't be used in RPV. Need for an Above—Ground Electric Meter When these applications were originally filed in 2016, Southern California Edison did require an above ground electric meter for many of these sites; however this is not sufficient rationale to allow an even more intrusive equipment cabinet. Importantly, dedicated electric meters will soon not be required. Effective February 23, 2017, Southern California Edison filed an advice letter with the California Public Utilities Commission (Advice Letter 3547-E) that revises the electric meter requirement for virtually all "small cell" installations. This revision changes important aspects of SCE's "wireless technology rate" (WTR) to encompass these proposed sites and thus allow flat rate, unmetered installations. The previous WTR limited applicability to sites consuming no more than 500 kiloWatt-hours (kWh) per month, thus Crown Castle's proposed sites did exceed this level. The new WTR includes a tiered system that extends up to 2700 kWh per month, easily encompassing the power consumption of the proposed 2 E-233 sites. Adoption of this new WTR is currently underway. (Please see the attached file for the advice letter and WTR background). Once this lan is formalized and in place, there will no longer be a dedicated electric meter requirement for any of these sites. The City must not be persuaded to accept above ground equipment cabinets based on the electric meter rationale. Even without changes to SCE's WTR program, an above ground electric meter is far less intrusive than what Crown Castle proposes. Please consider these facts: • Crown Castle is proposing to attach a large exposed and unsightly "bubble meter" to the side of their above ground equipment cabinet, something not evident in the mock-ups. (Please see the photo below of an existing Crown Castle installation.) • A dedicated electric meter is less intrusive than the cabinet proposed by Crown Castle for their equipment, being only 16 inches wide and 48 inches tall and fully self contained. • Unlike the equipment cabinet which should be within around 50 feet of the antenna location for technical reasons, an electric meter can be located hundreds of feet distant. It can be located in a relatively unintrusive location and screened from view. • If an existing City -owned electric meter is in the vicinity, power can be accessed from it without requiring a new meter. Photo of an existing Crown Castle ATT Equipment Cabinet with side mounted electric meter (location on east side of Crenshaw, south of Crest Road) E-234 Coupling these facts with changes to SCE's WTR program, there is no compelling rationale to allow above ground equipment cabinets. Even if time constraints require site installation prior to full adoption of SCE's new WTR program, the City must require undergrounding of equipment with a separate electric meter pedestal if needed. Then, as a condition of approval, the City can require removal of the electric meter pedestal once the new SCE WTR plan is fully in place. If the City allows above ground equipment cabinets now (whatever the rationale) it is all but certain that the accessory equipment will never moved underground. To protect our City's aesthetics, RPV must clearly bifurcate the electric meter issue from that of the location of the accessory equipment itself. They are two separate and distinct concerns. I urge staff to familiarize themselves with the points raised in this memo and carefully study the attached SCE document regarding changes to the WTR program. Crown Castle's arguments for allowing the above ground equipment cabinet are superficial and self-serving. The City is under no obligation to approve intrusive, non -complaint installations to further Crown Castle's financial interests. Best regards and please contact me if I can be off assistance. Jeff Calvagna Attachments: PDF of this memo, SCE Wireless Technology Rate advice letter and background 4 E-235 STATE OF CALIFORNIA Edmund G. Brown Jr., Governor PUBLIC UTILITIES COMMISSION pp SAN FRANCISCO, CA 94102-3298 May 4, 2017 Russell G. Worden Director, Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, CA 91770 Advice Letter 3547-E Subject: Revisions to Schedule Wireless Technology Rate (WTR) Dear Mr. Worden: Advice Letter 3547-E is effective as of February 23, 2017 Sincerely, Edward Randolph Director, Energy Division E-236 sourrirrtr CALIFORNIA EDISON %;,I WMII, tkrt:a,,r MCIVA I. company January 24, 2017 ADVICE 3547-E (U 338-E) Russell G. Worden Managing Director, State Regulatory Operations PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION SUBJECT: Revisions to Schedule WTR, Wireless Technology Rate Southern California Edison Company (SCE) hereby submits for filing the following changes to its tariffs. The revised tariff sheets are listed on Attachment A and are attached hereto. PURPOSE The purpose of this advice letter is to modify Schedule WTR, Wireless Technology Rate, by adding service levels (i.e., tiers) to the existing tariff. Each tier is associated with a unique level of service requiring incrementally greater levels of usage (kWh/month) and fuse size (amps). BACKGROUND On November 18, 1999, the California Public Utilities Commission (CPUC or Commission) issued Decision (D.) 99-11-054, which approved SCE's request to offer a new rate schedule for wireless communication service providers. Accordingly, SCE filed Advice 1422-E on December 8, 1999 to implement and establish the Experimental Schedule WTR, which became effective on January 24, 2000. This experimental or "pilot" program offered wireless communication service providers with a fixed-rate, non - metered electrical service tariff for their micro -cell facilities in areas where jurisdictional agencies have a code, ordinance, formal policy statement, or other requirement which prohibits the wireless service provider from installing electrical metering facilities in the public right-of-way. The electrical facilities are required by wireless service providers to serve wireless telecommunication equipment, and to deploy a communications infrastructure. Experimental Schedule WTR was subsequently closed to new customers on March 31, 2002. On July 19, 2002, SCE filed Advice 1638-E, which became effective on August 28, 2002, to reopen and extend the pilot program until September 1, 2004. The advice filing P.O. Box 800 8631 Rush Street Rosemead, California 91770 (626) 302-4177 Fax (626) 302-6396 E-237 ADVICE 3547-E (U 338-E) - 2 - January 24, 2017 also expanded the device charge tiers from 4 tiers to 10 tiers. The original Experimental Schedule WTR provided fixed-rate, non -metered electrical service for kWh usage between 0 and 200 kWh per device per month. The increase to 10 tiers expanded service to include units having monthly kWh usage between 201 and 500 kWh. This change was made to accommodate the current generation of wireless communication devices at that time. On July 22, 2004, SCE filed Advice 1809-E and proposed to: (1) make Experimental Schedule WTR permanent; (2) increase the Customer Charge; (3) include an inspection charge, in place of the existing monitoring charge, which is included in the Distribution rate component of Schedule WTR, to recover costs associated with inspecting devices; (4) remove the limitation of the number of devices a customer can install per year, and (5) add language throughout the tariff that further clarifies the customer's responsibility in obtaining and retaining service. Advice 1809-E was approved on September 28. 2004 with an effective date of September 1, 2004. On March 25, 2013, SCE filed Advice 2869-E to establish two new agreements (Forms 14-915 and 14-916) and accommodate the billing of unmetered devices. These agreements call for a monthly fixed charge that is based on the equipment's level of usage. Advice 2869-E also included, among other things: 1. Expanded the applicability of Schedule WTR to include utility customers deploying AMI devices; and 2. Revisions to the Rates section of Schedule WTR to indicate the rate components that will be charged to qualified utility customers receiving unmetered service with AMI -related devices. Advice 2869-E was approved on May 29, 2013 with an effective date of April 24, 2013. The installation and use of Distributed Antenna Systems has led to usage beyond the 500 kWh level permitted under Schedule WTR. Installation of meters to measure usage is not a viable option, particularly in jurisdictions with code or zoning ordinances that prohibit the installation of pedestals in right-of-ways. Installed meters occupy real estate on utility -owned assets that could be leased for revenue. They also require additional review and inspection, which increase the costs of operating and maintaining these assets for the load -serving entity. For the reasons stated above, SCE proposes to modify Schedule WTR by providing additional tiers to the existing tariff to accommodate usage up to 2,700 kWh/month. This change is consistent with the tiers currently offered by San Diego Gas & Electric Company (SDG&E) to its wireless -service -provider customers under Schedule UM, Unmetered Electric Service. The change proposed in this advice filing will allow SCE to accommodate the growing needs of its customers. E-238 ADVICE 3547-E (U 338-E) - 3 - January 24, 2017 PROPOSED TARIFF CHANGES SCE proposes to increase the number of tiers under the Rates section of Schedule WTR from 10 to 15. The level of usage accommodated at each tier will increase from roughly 50 kWh to 500 kWh. This will accommodate growing customer usage, while limiting the number of tiers in Schedule WTR. Proposed Increase in Tiers and Rates under Schedule WTR Fixed Energy Charge - $/ Device/ M ont h Monthly Usage Fuse Size [amps] Maximum Watt/Connected Load Name Plate 1 0 - 50 kWh KTK-3/4 75 watts 2 51 - 100 kWh KTK-1 149 watts Tiers 101 - 150 kWh KTK-1-1/2 224 watts 4 151 - 200 kWh KTK-2 298 watts 5 201 - 250 kWh KTK-2-1/2 373 watts 6 1 0-50 kWh/month 0.43 2.18 (R) 0.32(l) 0.00 (1) 0.67(1) 0.27 0.02 3.89(l) 2 51- 100 kWh/month 0.86(1) 4.35 (R) 0.65(l) 0.00(f) 1,35(1) 0.55(l) 0.04(l) 7.80(l) 3 101- 150 kWh/month 1.29(1) 6.53 (R) 0.97(1) 0.00(f) 2.02(1) 0.82(l) 0.06(l) 11.69(l) 4 151-200 kWh/month 1.72(1) 8.70 (R) 1,30(1) 0.00(j) 2.69(l) 1.10(1) 0.09(1) 15.60(l) 5 201-250kWh/month 2.15(1) 10.89(R) 1.62(1) 0.00(1) 3.37(1) 1.37(1) 0.11(1) 19.51(1) 6 251- 300 kWh/month 2,58(l) 13.06 (R) 1.94(l) 0.00 (1) 4.04(l) 1.65(l) 0.13(l) 23.40(l) 7 301- 350 kWh/month 3.01(1) 15.23(R) 2.27(1) 0.00(1) 4.71(1) 1.92(1) 0.15(1) 27.29(1) 8 351- 400 kWh/month 3.44(1) 17.41(R) 2.59(1) 0.00(1) 5.38(1) 2.20(l) 0.17(1) 31.19(t) 9 401-450 kWh/month 3.87(1) 19.58 (R) 2.92(l) 0.00(1) 6.06(l) 2.47(1) 0.19(l) 35.09(l) 10 451- 500 kWh/month 4.30(l) 21.76 (R) 3.24(l) 0.01(1) 6.74(l) 2.75(1) 0.22(l) 39.02(l) 11 501- 900 kWh/month 7.74 (N) 39.17(N) 5.83 (N) 0.01(N) 12.12 (N) 4.94 (N) 0.39 (N) 70.20 (N) 12 901- 1350 kWh/month 11.61(N) 58.75 (N) 8.75 (N) 0.01(N) 18.18 (N) 7.41(N) 0.58 (N) 105.29 (N) 13 1351- 1800 kWh/month 15.48 (N) 78.34 (N) 11.66 (N) 0.02 (N) 24.25(N) 9.88 (N) 0.77(N) 140.40 (N) 14 1801- 2250 kWh/month 19.35 (N) 97.93 (N) 14.58 (N) 0.02 (N) 30.31(N) 12.35 (N) 0.97 (N) 175.51(N) 15 2251-2700 kWh/month 23.22 (N) 117.50 (N) 17.50 (N) 0.03 (N) 36.37(N) 14.82 (N) 1.16 (N) 210.60 (N) 2.86(l) 0.00(i) 5.72(f) 0.00(i) 8.57 (I) 0.00(1) 11.43(l) 0.00(i) 14.29(1) 0.00(1) 17.15(l) 0.00(j) 20.00(1) 0.00(1) 22,86(l) 0.00(i) 25.72(l) 0.00(i) 28.58 (1) 0.00(1) 51.44 (N) 0.00 (N) 77.15(N) 0.00(N) 10 2.8 7 (N) 0.00 (N) 128.59 (N) 0.00 (N) 154.31(N) 0.00 (N) Furthermore, SCE proposes to increase the fuse sizes that are eligible for service under Schedule WTR from 6 amps to 30 amps. Proposed Fuse Sizes Eligible for Service under Schedule WTR Tiers Monthly Usage Fuse Size [amps] Maximum Watt/Connected Load Name Plate 1 0 - 50 kWh KTK-3/4 75 watts 2 51 - 100 kWh KTK-1 149 watts 3 101 - 150 kWh KTK-1-1/2 224 watts 4 151 - 200 kWh KTK-2 298 watts 5 201 - 250 kWh KTK-2-1/2 373 watts 6 251 - 300 kWh KTK-3 448 watts 7 301 - 350 kWh KTK-3-1/2 522 watts 8 351 - 400 kWh KTK-4 597 watts 9 401 - 450 kWh KTK-5 671 watts 10 451 - 500 kWh KTK-6 746 watts 11 501 - 900 kWh KTK-10 1343 watts 12 901 - 1350 kWh KTK-15 2014 watts 13 1351 - 1800 kWh KTK-20 2686 watts E-239 ADVICE 3547-E (U 338-E) - 4 - January 24, 2017 14 1 1801 - 2250 kWh KTK-25 1 3357 watts 15 1 2251 - 2700 kWh KTK-30 1 4028 watts No cost information is required for this advice filing. TIER DESIGNATION Pursuant to General Order (GO) 96-13, Energy Industry Rule 5.2, this advice letter is submitted with a Tier 2 designation. EFFECTIVE DATE This advice filing will become effective on February 23, 2017, the 30th calendar day after the date filed. NOTICE Anyone wishing to protest this advice filing may do so by letter via U.S. Mail, facsimile, or electronically, any of which must be received no later than 20 days after the date of this advice filing. Protests should be submitted to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California 94102 E-mail: EDTariffUnitCa?_cpuc_ca.gov Copies should also be mailed to the attention of the Director, Energy Division, Room 4004 (same address above). In addition, protests and all other correspondence regarding this advice letter should also be sent by letter and transmitted via facsimile or electronically to the attention of: Russell G. Worden Managing Director, State Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California 91770 Telephone: (626) 302-4177 Facsimile: (626) 302-6396 E-mail: AdviceTariffManagera-sce.com E-240 ADVICE 3547-E (U 338-E) - 5 - January 24, 2017 Laura Genao Managing Director, State Regulatory Affairs c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5544 E-mail: Karyn.GanseckiO-sce_com There are no restrictions on who may file a protest, but the protest shall set forth specifically the grounds upon which it is based and must be received by the deadline shown above. In accordance with General Rule 4 of GO 96-13, SCE is serving copies of this advice filing to the interested parties shown on the attached GO 96-B service list. Address change requests to the GO 96-B service list should be directed by electronic mail to AdviceTariffManager(aD-sce.com or at (626) 302-4039. For changes to all other service lists, please contact the Commission's Process Office at (415) 703-2021 or by electronic mail at Process OfficeCcbcpuc.ca.gov. Further, in accordance with Public Utilities Code Section 491, notice to the public is hereby given by filing and keeping the advice filing at SCE's corporate headquarters. To view other SCE advice letters filed with the Commission, log on to SCE's web site at hftps://www.sce.com/wps/portal/home/regulatory/advice-letters. For questions, please contact Jenny Chen at (626) 302-8823 or by electronic mail at JennyChienYi.Chen (d)-sce.com. Southern California Edison Company /s/ Russell G. Worden Russell G. Worden RGW:jc:jm Enclosures E-241 CALIFORNIA PUBLIC UTILITIES COMMISSION ADVICE LETTER FILING SUMMARY ENERGY UTILITY MUST :131 CMPLETEE 13 UTlLI, , =' Attachl�ltionai a ess needed . Company name/CPUC Utility No.: Southern California Edison Company U 338-E Utility type: Contact Person: Darrah Morgan R ELC ❑ GAS Phone #: (626) 302-2086 ❑ PLC ❑ HEAT ❑ WATER E-mail: Darrah.MorganCa)sce.com E-mail Disposition Notice to: AdviceTariffMana er sce.com EXPLANATION OF UTILITY TYPE (Date Filed/ Received Stamp by CPUC) ELC = Electric GAS = Gas PLC = Pipeline HEAT = Heat WATER = Water Advice Letter (AL) #: 3547-E Tier Designation: 2 Subject of AL: Revisions to Schedule WTR, Wireless Technology Rate Keywords (choose from CPUC listing): Compliance AL filing type: ❑ Monthly ❑ Quarterly ❑ Annual 0 One -Time ❑ Other If AL filed in compliance with a Commission order, indicate relevant Decision/Resolution #: Does AL replace a withdrawn or rejected AL? If so, identify the prior AL: Summarize differences between the AL and the prior withdrawn or rejected AL: Confidential treatment requested? ❑ Yes RI No If yes, specification of confidential information: Confidential information will be made available to appropriate parties who execute a nondisclosure agreement. Name and contact information to request nondisclosure agreement/access to confidential information: Resolution Required? ❑ Yes Q No Requested effective date: 2/23/17 No. of tariff sheets: -7- Estimated system annual revenue effect: (%): Estimated system average rate effect (%): When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting). Tariff schedules affected: Schedule WTR, Form 14-687, and Table of Contents Service affected and changes proposed': Pending advice letters that revise the same tariff sheets: None ' Discuss in AL if more space is needed. E-242 Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this filing, unless otherwise authorized by the Commission, and shall be sent to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California 94102 E-mail: EDTariffUnitQcpuc.ca.gov Russell G. Worden Managing Director, State Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California 91770 Telephone: (626) 302-4177 Facsimile: (626) 302-6396 E-mail: AdviceTariffManager@sce.com Laura Genao Managing Director, State Regulatory Affairs c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5544 E-mail: Karyn.Gansecki@sce.com E-243 Public Utilities Commission WTR Attachment A Cal. P.U.C. Sheet No. Revised 61146-E Schedule WTR Revised 61147-E Schedule WTR Revised 61148-E Schedule WTR Revised 61149-E Form 14-687 Revised 61150-E Table of Contents Revised 61151-E Table of Contents Revised 61152-E Table of Contents Title of Sheet Cancelling Cal. P.U.C. Sheet No. Revised 61080-E Revised 61081-E Revised 51996-E Revised 55517-E Revised 60836-E Revised 60837-E Revised 59608-E E-244 sourHenry cnutonnra ' EDISON Southern California Edison Revised Cal. PUC Sheet No. 61146-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 61080-E Schedule WTR Sheet 1 WIRELESS TECHNOLOGY RATE APPLICABILITY Applicable to single-phase service for wireless technology industries and utility customers deploying advanced metering infrastructure (AMI) that require electric service to operate radio repeaters or similar devices (wireless communication devices) that are mounted on existing SCE facilities, or other facilities approved by SCE and are unmetered. This Schedule excludes Wi-Fi devices on "looped" (served by 120/240 volts) streetlight facilities owned by SCE. Customers must execute an application/contract with SCE for service under this Schedule, and must execute an applicable agreement when devices are attached to SCE -owned facilities. The monthly kilowatt-hour (kWh) usage of each device shall not exceed 2,700 kWh. Effective with the date the customer becomes (C) ineligible for service under this Schedule, the customer's account shall be transferred to Schedule GS -1 or another applicable rate schedule. If the customer's account cannot be transferred to another applicable rate schedule, the account will be closed, SCE's service will be removed and the customer must remove its device and equipment from the applicable SCE -owned facility. TERRITORY Within the entire territory served. RATES Delivery Service enera ion vans is FUM11 N6= I NUG- I PPP(;' jDVVRt3(;1jPU(;Kl-1j I o a Fixed Energy Charge- $/Device/M oath Tiers 1 0 - 50 kWh/month 0.43 2.16 0.32 0.00 0.67 0.27 0.02 3.89 2.86 0.00 2 51- 100 kWh/month 0.86 4.35 0.65 0.00 1.35 0.55 0.04 7.80 5.72 0.00 3 101- 150 kWWmonth 1.29 6.53 0.97 0.00 2.02 0.82 0.06 11.69 8.57 0.00 4 151-200 kWh/month 1.72 8.70 1.30 0.00 2.69 1.10 0.09 15.60 11.43 0.00 5 201- 2250 kWtVmonth 2.15 1D.89 1.62 0.00 3.37 1.37 0.11 19.51 14.29 0.00 6 251-300 kWh/month 2.58 13.06 1.94 0.00 4.04 1.65 0.13 23.40 17.15 0.00 7 301- 350 kWFVmonth 3.01 15.23 2.27 0.00 4.71 1.92 0.15 27.29 20.00 0.00 8 351- 400 kWh/month 3.44 17.41 2.59 0.00 5.38 2.20 0.17 31.19 22.86 0.00 9 401-450 kWh/month 3.87 19.58 2.92 0.00 6.06 2.47 0.19 35.09 25.72 0.00 10 451-500 kWh/month 4.30 21.76 3.24 0.01 6.74 2.75 0.22 39.02 28.58 0.00 11 501- 900 kWlVmonth 7.74 39.17 5.83 0.01 12.12 4.94 0.39 70.20 51.44 0.00 (N) 12 901- 1350 kWh/month 11.61 58.75 8.75 0.01 18.13 7.41 0.58 105.29 77.15 0.00 13 1351- 1800 kWtVmonth 15.48 78.34 11.66 0.02 24.25 9.88 0.77 140.40 102.87 0.00 14 1801- 2250 kWh/month 19.35 97.93 14.58 0.02 30.31 12.35 0.97 175.51 128.59 0.00 2251- 2700 23.22 17.50 0.03 36.37 14.82 0.00 1 (N) 15 kWh/month 117.50 1.16 210.60 154.31 Customer Charge- $/M onth 26.70 26.70 Three -Phase Service - $/Day 0.03 0.03 Inspection Charge- $/Device/M onth 15.23 15.23 Initialization of Service Charge 7.31 7.31 One-time charge (Continued) (To be inserted by utility) Advice 3547-E Decision 1H9 Issued by (To be inserted by Cal. PUC) Caroline Choi Date Filed Jan 24, 2017 Senior Vice President Effective Feb 23, 2017 Resolution E-245 f"' 'soomeieH <suroanm EDISON Southern California Edison Rosemead, California (U 338-E) RATES (Continued) AMI Devices Energy Charge - $/Device/Month Customer Charge -$/month Inspection Charge - $/ Device/ Month Initialization of Service Charge - One -time charge Revised Cal. PUC Sheet No. 61147-E Cancelling Revised Cal. PUC Sheet No. 61081-E Schedule WTR Sheet 2 WIRELESS TECHNOLOGY RATE (Continued) The ongoing Competition Transition Charge (CTC) of $(0.00015) per kWh is recovered in the UG component of Generation. 1 Trans = Transmission and the Transmission Owners Tariff Charge Adjustments (TOTCA) which are FERC approved. The TOTCA represents the Transmission Revenue Balancing Account Adjustment (TRBAA) of $(0.00129) per kWh, Reliability Services Balancing Account Adjustment (RSBAA) of $0.00012 per kWh, and Transmission Access Charge Balancing Account Adjustment (TACBAA) of $(0.00012) per kWh. 2 Distrbtn = Distribution 3 NSGC = New System Generation Charge 4 NDC = Nuclear Decommissioning Charge 5 PPPC = Public Purpose Programs Charge (includes California Alternate Rates for Energy Charge where applicable.) 6 DWRBC = Department of Water Resources (DWR) Bond Charge. The DWR Bond Charge is not applicable to exempt Bundled Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082. 7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF -E. 8 Total = Total Delivery Service rates that are applicable to both Bundled Service, Direct Access (DA) and Community Choice Aggregation Service (CCA Service) customers, except DA and CCA Service customers are not subject to the DWRBC rate component of this Schedule but instead pay the DWRBC as provided by Schedule DA -CRS or Schedule CCA -CRS. 9 Generation = The Generation rates are applicable only to Bundled Service Customers. 10 DWREC = Department of Water Resources (DWR) Energy Credit — For more information on the DWR Energy Credit, see the Billing Calculation Special Condition of this Schedule. SPECIAL CONDITIONS 1. Contract: A contract, Form 14-687, is required for service under this Schedule. Utility customers taking service for AMI -related devices must sign Form 14-915 or 14-916, as applicable. 2. Voltage: Service will be supplied at 120 volts (one fuse per 120 volt leg). 3. Three -Phase Service: Where SCE determines, it is impractical to provide single-phase service under this Schedule, three-phase service will be provided. 4. Limited Availability: This Schedule is available only where SCE determines that an applicable agency having jurisdiction has an existing code, ordinance, formal policy statement or requirement that prohibits above ground electrical meter facilities in the public right-of-way. (To be inserted by utility) Advice 3547-E Decision 2H9 (Continued) Issued by Caroline Choi Senior Vice President (To be inserted by Cal. PUC) Date Filed Jan 24, 2017 Effective Feb 23, 2017 Resolution (T) EUDISON Southern California Edison Rosemead, California (U 338-E) SPECIAL CONDITIONS (Continued) Revised Cal. PUC Sheet No. 61148-E Cancelling Revised Cal. PUC Sheet No. 51996-E Schedule WTR Sheet 3 WIRELESS TECHNOLOGY RATE (Continued) Determination of Monthly usage: The customer must provide SCE information from which SCE can determine the level of kWh usage to be consumed and/or level of service to be provided, such as the manufacturers' equipment specifications, data sheets, etc., and the number of devices to be installed. SCE will place the customer in the appropriate usage tier and charge according to the maximum value of that tier. SCE retains the right to perform on- site inspections to verify the energy consumption of the device(s). 6. Maximum Wattage: The rate tiers must coincide with the maximum wattage ratings listed below. The wattage information shall be provided by the customer in order to assist SCE in determining the appropriate tier. Tiers Monthly Usage Fuse Size Maximum Watts/Connected Load Name Plate 1 0-50 kWh KTK-3/4 75 watts 2 51-100 kWh KTK-1 149 watts 3 101-150 kWh KTK-1-1/2 224 watts 4 151-200 kWh KTK-2 298 watts 5 201-250 kWh KTK-2-1/2 373 watts 6 251-300 kWh KTK-3 448 watts 7 301-350 kWh KTK-3-1/2 522 watts 8 351-400 kWh KTK-4 597 watts 9 401-450 kWh KTK 5 672 watts 10 451-500 kWh KTK-6 746 watts 11 501 — 900 kWh KTK-10 1,343 watts (N) 12 901 — 1,350 kWh KTK-15 2,014 watts 13 1,351 — 1,800 kWh KTK-20 2,686 watts 14 1,801 — 2,250 kWh KTK-25 3,357 watts 15 2,251 — 2,700 kWh KTK-30 4,028 watts (N) 7. Installation: The device(s) shall be installed on SCE facilities, or other facilities approved by SCE. Utility customers taking service for AMI -related devices attached to SCE -owned facilities may attach only to underground -fed concrete streetlight poles as described in Form 14-916. When the devices are installed on SCE facilities, the installation and removal of such device(s) will be performed by the customer, and at the customer's expense. Device installation shall not be performed under this Schedule where location, mounting height, and/or other considerations are not acceptable to SCE. Unless approved by SCE, all wireless communication devices must be visible to SCE. (To be inserted by utility) Advice 3547-E Decision 3C8 (Continued) Issued by (To be inserted by Cal. PUC) Caroline Choi Date Filed Jan 24, 2017 Senior Vice President Effective Feb 23, 2017 Resolution E-247 "vN SOUt NFIiN GALIFOIih1A EDISON Southern California Edison Revised Cal. PUC Sheet No. 61149-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 55517-E APPLICATION AND CONTRACT FOR ELECTRIC SERVICE FOR SCHEDULE WTR Wireless Technology Rate (To be inserted by utility) Advice 3547-E Decision ics Form 14-687 Issued by Caroline Choi Senior Vice President Sheet 1 (To be inserted by Cal. PUC) Date Filed Jan 24, 2017 Effective Feb 23, 2017 Resolution E-248 APPLICATION AND CONTRACT FOR ELECTRIC SERVICE FOR SCHEDULE WTR Wireless Technology Rate CUSTOMER ACCOUNT NO. SERVICE ACCOUNT NO. TO SOUTHERN CALIFORNIA EDISON COMPANY (SCE): The undersigned Applicant hereby requests SCE to supply electric service and to deliver electric energy to and for the equipment hereinafter described in accordance with the applicable rates and rules of SCE including the tariff set forth herein. Applicant hereby agrees to the following: 1. SCE has made available for inspection its applicable rates and rules. Applicant agrees to comply therewith, and with any changes or modifications thereof which may be authorized from time to time by the Public Utilities Commission of the State of California (Commission). 2. Applicant's attention has been directed to the rate schedules applicable to the service herein described, and Applicant has elected to take and pay for unmetered service under Schedule WTR based on fixed usage categories of 0-50, 51-100, 101-150, 151-200, 201-250, 251-300, 301-350, 351-400, 401-450, 451-500, 501-900, 901-1350, (T) 1351-1800, 1801-2250, and 2251-2700 kWh per month per device. Further, Applicant will pay a Customer Charge in accordance with the Rates section of Schedule WTR. (T) 3. Applicant hereby grants to SCE a right-of-way for any electric lines that may be necessary to build in, on, under, or over Applicant's premises for the purposes of making delivery hereunder. 4. Applicant shall pay for and install per SCE's construction standards and subject to SCE's inspection a load control device (fused splice box) acceptable to SCE that will ensure the Applicant's service will not exceed the fixed usage category elected by the Applicant. 5. Applicant understands that: a) the fused splice box will act as the point of service/connection between the customer and SCE and will be installed per SCE's and local government agency requirements; b) the fused splice box will be locked with an SCE lock and made accessible only by SCE; c) the applicant shall provide all SCE approved fuses to be installed by SCE; d) if the service exceeds the maximum tier or the Commission closes this Schedule the customer must remove their pole mounted equipment, including the fused splice box, and install a metered service under the applicable tariff per SCE's electrical service requirements and applicable governmental agency requirements; e) once the maximum kWh of a tier has been exceeded, SCE will automatically move the applicant to the next available tier, the applicant shall provide the appropriate size fuses for that tier, and SCE will bill accordingly; f) service shall be provided per the provisions of Rule 15 and/or 16, g) SCE will not approve an application for service under this rate schedule until all the required documentation has been submitted to SCE, and h) installation of service and customer apparatus must abide by General Order 95, Cal-Osha 98, and the National Electric Code. 6. Within 36 months of commencement of service under this contract, when a change is made to SCE's facilities, settlement shall be made for the installation and removal cost of the facilities removed. A new contract shall be entered into providing for the modified service required by Applicant. 7. This contract shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 8. Where applicable — Contract Demand (kW). SERVICE ADDRESS CONNECTED LOAD CORPORATE OR INDIVIDUAL'S NA DEVICE MODEL NUMBER WATTAGE RATING FIXED ENERGY USAGE TIER EST. MAX. DEMAND DATED _ D.B.A. Customer Signature Customer Printed Named DATED SCE Printed Name SCE Signature SCE POLE NUMBER APPROVED AND ACCEPTED FOR SOUTHERN CALIFORNIA EDISON COMPANY PROGRAM/PROJECT MANAGER 01/2017 Form 14-687 E-249 r1, cauroeniw '3 EDISON Southern California Edison Rosemead, California (U 338-E) Revised Cal. PUC Sheet No. 61150-E Cancelling Revised Cal. PUC Sheet No. 60836-E TABLE OF CONTENTS Sheet 1 Cal. P.U.C. Sheet No. TITLEPAGE ... ...................................................... ............................................................. ....... 11431-E TABLE OF CONTENTS - RATE SCHEDULES ....61150-61083-60615-61084-61085-61086-61087-E (T) ............. ..................................... ................. I .................................................. 61088-61151-E (T) TABLE OF CONTENTS - LIST OF CONTRACTS AND DEVIATIONS ................................... 61151-E (T) TABLE OF CONTENTS - RULES............................................................................................ 60710-E TABLE OF CONTENTS -INDEX OF COMMUNITIES, MAPS, BOUNDARY DESCRIPTIONS 58961-E TABLE OF CONTENTS - SAMPLE FORMS ............................... 61152-58962-59554-59014-58965-E (T) ........................................................................................................... 59904-59905-59472-E PRELIMINARY STATEMENT A. Territory Served......................................................................................................... 22909-E B. Description of Service................................................................................................ 22909-E C. Procedure to Obtain Service..................................................................................... 22909-E D. Establishment of Credit and Deposits....................................................................... 22909-E E. General..........................................................................45178-45179-45180-53818-45182-E F. Symbols.....................................................................................................................45182-E G. Gross Revenue Sharing Mechanism ....... 26584-26585-26586-26587-27195-27196-54092-E .................................................................................................. 51717-53819-27200-27201-E H. Baseline Service........................................................... 52027-52028-52029-52030-52031-E I. Charge Ready Program Balancing Account ................................................... 58633-58634-E J. Not In Use........................................................................................................................... -E K. Nuclear Decommissi..oning Adjustment Mechanism ........................................ 36582-57779-E L. Purchase Agreement Administrative Costs Balancing Account ........... 55207-51922-55208-E M. Income Tax Component of Contributions....................................................... 58419-58420-E N. Memorandum Accounts .... 21344-56089-56393-58221-49492-56090-45585-45586-53821 -E ........ 50418 -42841 -42842-44948-44949-44950-44951-44952-44953-42849-42850-42851-E ........ 41717 -47876 -55623-42855-42856-44341-45252-52033-50419-55048-42862-42863-E ........ 42864 -56204 -56205-51235-45920-51236-42870-50209-42872-42873-50421-46539-E ........ 42876 -42877 -42878-42879-42880-42881-42882-54534-53371-56253-44959-42887-E ........ 53321 -53322 -47098-52551-52552-49928-56235-56236-56237-55144-55145-44029-E ........ 53016 -57156 -57157-51163-51164-51165-51166-51167-51168-51169-51170-51171-E ........... I .................... 51244-55806-56393-56394-56395-56396-56397-56398-56399-58978E 0. California Alternate Rates for Energy (CARE) Adjustment Clause.................34705-41902-E .................................................................................................. 36472-38847-56788-59025-E P. Optional Pricing Adjustment Clause (OPAC) ........................... 27670-27671-27673-27674-E (To be inserted by utility) Advice 3547-E Decision 1H9 ntin Issued by (To be inserted by Cal. PUC) Caroline Choi Date Filed Jan 24, 2017 Senior Vice President Effective Feb 23, 2017 Resolution E-250 i j� SOl11HH2N CnLIF()krvin EDISON Southern California Edison Revised Cal. PUC Sheet No. 61151-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 60837-E TABLE OF CONTENTS Sheet 9 (Continued) RATE SCHEDULES (Continued) Schedule Cal. P.U.C. No. Title of Sheet Sheet No. OTHER (Continued) GTSR-CR-PDT Green Tariff Shared Renewables Community Renewables Project Development Tariff ........... 57684-57685-57686-57687-57688-57689-57690-57691-57692-57693-E ......................... I .......................... 57694-57695-57696-57697-57698-57699-57700-E GTSR-GR Green Tariff Shared Renewables Green Rate... 56750 -56751 -56752-56753-56754-E ..................................... 56755-56756-56757-E GSN Enve.stscE Equipment Service ...................................... 17880-17881-17882-17883-E ME Maritime Entities At The Port Of Long Beach .... 54406-54407-54408-54409-54410-E ........................................................................................................................ 54411-E NEM Net Energy Metering ........ 55662-55663-55420-56094-55422-55423-55665-55666-E ................... 55667-55668-55669-55429-55670-55671-55672-55673-55674-55675-E ............................................................................................................. 55436-55437-E NEM -V Virtual Net Energy Metering for Multi -Tenant and Multi -Meter Properties .................... ....... 55676 -49801 -49802 -50930 -50931 -56095 -50933 -50934 -50935 -55677 -50937-E .................................................. 53583-54298-E NMDL New Municipal Departing Load ... 43778-61074-49954-52450-54678-61075-52453-E (T) .................................................... 52454-52455-52456-52457-52458-52459-52460-E OBF On -Bill Financing Program...................................................................41743-41744-E OBF-2 On -Bill Financing Program 2................................................................51597-51598-E OBMC Optional Binding Mandatory Curtailment ...................... 47446-47974-47975-47976-E OBR On -Bill Repayment Pilot Program 53933-53944-53935-53936-53937-53938-53939-E ............................................................................................................. 56928-56929-E PC -TBS Procurement Charge Transitional Bundled Service ..... 57621-49964-49965-38146-E PCT Programmable Communicating Thermostat ................. 45826-44278-50143-45287-E PVS Experimental Photovoltaic Service .......................................................47451 -47452-E PVS-2 On -Grid Photovoltaic Service..............................................................19518-19519-E RES -BCT Renewable Energy Self -Generation Bill Credit Transfer51843-52461-51008-51009-E ............................................................................................................. 51844-51011-E Re -MAT Renewable Market Adjusting Tariff......... 52964 -52965 -52966 -52967 -52968 -52969-E .................................................... 52970-52971-52972-52973-55678-52975-52976-E RF -E Surcharge to Fund Public Utilities Commission Reimbursement Fee ............ 60835-E S Standby — 500 kW and Below .... 57623-52463-61076-52465-52466-52468-52469-E (T) 57624-E SC Service Connection Charge............................................................................ 51303-E SLRP Scheduled Load Reduction Program ......53895-47456-47977-47978-47979-53896-E ...................................................................................... 47980-47981-47982-47983-E SPSS Station Power Self -Supply ................................. 53897-55488-57625-55490-44851-E TMDL Transferred Municipal Departing Load ...57626-56051-61077-61078-49968-49969-E (T) .......................... 49970-49971-49972-49973-49974-49975-49976-49977-49978-E UCLT Utility -Controlled Load Tests.......................................................................... 57627-E V2G PILOT SCE Vehicle To Grid Experimental Pilot...................................60384-60385-60386-E WATER Water Agency Tariff for Eligible Renewables ................ 57628-44061-52978-52979-E WI -FI -1 Schedule WI -FI Pilot Wireless Fidelity Rate ................. 61079-43036-43037-43038-E (T) WTR Wireless Technology Rate .................................61146 -61147-61148-51997-51998-E (T)(T) LIST OF CONTRACTS AND DEVIATIONS LIST OF CONTRACTS AND DEVIATIONS .........55503-51856-55016-51858-56775-51860-52948-E .............................. 53971-51863-51864-51865-51866-51867-51868-51869-51870-E .................................................................................................. 54426-58676-54428-E (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3547-E Caroline Choi Date Filed Jan 24, 2017 Decision _ Senior Vice President Effective Feb 23, 2017 9H19 Resolution E-251 ErlEDISON Southern California Edison Rosemead, California (U 338-E) Revised Cal. PUC Sheet No. 61152-E Cancelling Revised Cal. PUC Sheet No. 59608-E TABLE OF CONTENTS Sheet 12 (Continued) SAMPLE FORMS (Continued) Form Cal. P.U.C. No. Applications and Agreements for Service Sheet No. 14-642 Environmental Pricing Credit Agreement.................................................................. 24151-E 14-654 Multifamily Affordable Solar Housing — Virtual Net Metering Allocation Request Form ......... .................................................................................................................................. 55701-E 14-685 Agreement For Parking Lot Lighting Service SCE Owned System Schedule LS -1 .27760-E 14-687 Application And Contract For Electric Service For Schedule WTR .......................... 61149-E 14-697 Proposal to Purchase and Agreement for Transfer of Ownership of Distribution Systems.... .................................................................................................................................. 27761-E 14-749 Customer Physical Assurance Agreement............................................................... 53906-E 14-752 Technical Assistance Incentive Application.............................................................. 35208-E 14-763 Agricultural Water Pumping Conversion of Internal Combustion Engines to Electric Motors Distribution Line and/or Service Extension Exceptional Case Agreement ............... 38884-E 14-764 WI -FI Agreement For Unmetered Electric Service ................................................... 43042-E 14-774 Bill Calculation Service Agreement........................................................................... 50474-E 14-778 On -Bill Financing Program Loan Agreement............................................................ 51364-E 14-900-1 Interim Economic Development Rate -Attraction Agreement (post D.10-06-015)..... 55472-E 14-901-1 Interim Economic Development Rate -Expansion Agreement (post D.10-06-015)... 55473-E 14-902-1 Interim Economic Development Rate -Retention Agreement (post D.10-06-015) .... 55474-E 14-958 Economic Development Rate -Attraction Agreement (post D.15-04-006) ................. 56651-E 14-959 Economic Development Rate -Expansion Agreement (post D. 15-04-006) .............. 56652-E 14-9601 Economic Development Rate -Retention Agreement (post D.15-04-006) ................ 56653-E 14-904 Micro -Business Self -Certification Affidavit................................................................47775-E 14-915 Agreement for Unmetered Electric Service to Advanced Metering Infrastructure Devices Connected to Customer -Owned Street Light Facilities............................................51999-E 14-916 Agreement for Unmetered Electric Service to CPUC -Approved Advanced Metering Infrastructure Devices Connected to SCE's Street Light Facilities ........................... 52000-E 14-927 Affidavit Regarding Eligibility for Agricultural Power Service .................................... 59342-E 14-938 Authorization to Add Loan Charges to SCE Bill (Non -Residential) .......................... 57251-E 14-945 Maritime Entity Election Form................................................................................... 54412-E 14-946 Affidavit Regarding Eligibility for General Water and Sewerage Pumping Service.. 59343-E 14-948 EV Submeter Pilot Phase 1 Submeter Meter Data Management Agent ................. 56570-E 14-949 Customer Enrollment Agreement — Electric Vehicle Submetering Pilot (Phase 1) .. 56571-E 14-965 Schedule LS -1 Option E, Energy Efficiency LED Fixture Replacement Agreement 57074-E 14-976 Plug-in Electric Vehicle Submetering Pilot Phase 2 Submeter MDMA Registration Agreement............................................................................................ 59603-E 14-977 Single Customer of Record Enrollment Agreement Plug-in Electric Vehicle Submetering Pilot Phase 2....................................................................................... 59604-E 14-978 Multiple Customer -of -Record Enrollment Agreement Plug-in Electric Vehicle Submetering Pilot Phase 2....................................................................................... 59605-E 16-323 Service Adjustment Agreement (Military Base Closures) ......................................... 18753-E (To be inserted by utility) Advice 3547-E Decision 12H10 ("Continued) Issued by Caroline Choi Senior Vice President (T) (To be inserted by Cal. PUC) Date Filed Jan 24, 2017 Effective Feb 23, 2017 Resolution Attachment F No Public Comments F-1 CCCROWN CASTLE August 7, 2017 Nicole Jules, Deputy Director, Acting Director Public Works Department 3094o Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Crown Castle 200 Spectrum Center Drive Suite 1700 Irvine, CA 92618 RE: Shot Clock Tolling Agreement and Notice of Shot Clock Expiration Per RPVMC Section 12.18.o6o (0(3) for Crown Castle Wireless Communication Facility Site ASG33 - New Shot Clock Expiration Date: September 30, 201 Dear Ms. Jules: Crown Castle NG West LLC ("Crown Castle") has agreed to the City of Rancho Palos Verdes' (the "City") request to extend the Shot Clock for this site until September 30, 2017. The purpose of extending the Shot Clock is to allow City Staff additional time to get better organized so that more meaningful presentations can be developed to better inform City decision makers. Under the FCC's Wireless Infrastructure Order (FCC 14-153, October 14, 2014), a local government is required not just to take some action within the application timeframe, but to take a final action on the application within the time period. See New Cinguiar Wireless PCS, LLC v. Town of Stoddard, 2012 U.S. Dist. LEXIS 19453 *13-15 (D.N.H. Feb. 16, 2012). Accordingly, the City must complete all of its review within the Shot Clock period. Bell Atlantic Mobile of Rochester, L.P. v. Town of Irondequoit, 2012 U.S. Dist. Lexis 11420 (W.D.N.Y. Jan. 31, 2012). This means that the City must issue all permits required for construction to commence within the applicable Shot Clock time period, absent permitted tolling. Expiration of the FCC Shot Clock time periods means the project is shovel ready, not merely poised for another round of bureaucratic inertia such as an encroachment permit or appeals processes or negotiation of a franchise or other similar agreement. Further, pursuant to California Government Code section 65964.1, an application for a new wireless facility "shall be deemed approved" if: (a) the city --including a charter city -- or county fails to approve or disapprove the application within the time periods established in the Shot Clock Order and (b) all public notices regarding the application have been provided. (Gov. Code, § 65964.1, subd. (a).) Section 65964.1 also contains an express legislative finding that wireless telecommunications facilities are a matter of statewide concern, not a "municipal affair" as that term is used in section 5 of Article XI of the California Constitution. (id., § 65964.1, subd. (c).). In consideration of Crown Castle's agreement to Toll the Shot Clock, the City has agreed that: 1) This document satisfies Crown Castle's noticing requirement of Shot Clock expiration per RPVMC Section 12.18.o6o (C)(3). 2) The City will attest to and not challenge that Crown Castle's application is compliant with any and all Shot Clock requirements (federal, state and local) as of the date of this Tolling Agreement and Notice of Shot Clock Expiration. 3) That the Shot Clock for this site will expire on: September 30, 2017, unless mutually extended in a written agreement by the Parties. Any and all applicable statutes of limitation will commence from the date of the Shot Clock's expiration. AOW Itp Aaron Snyder CROWN CASTLE NG WEST LLC Nicole Jules CITY OF RANCHO PALOS VERDES The Foundation for a Wireless World. CrownCastle.com G-1