PC RES 2018-006 P.C. RESOLUTION NO. 2018-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE
CITY COUNCIL THE APPROVAL, WITH CONDITIONS, OF
WIRELESS TELECOMMUNICATIONS FACILITY ASG NO. 32 TO
ALLOW THE INSTALLATION OF ANTENNAs ENCASED IN A
CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER TO
A REPLACEMENT STREETLIGHT POLE NOT TO EXCEED 29'-
9" IN TOTAL HEIGHT AS MEASURED TO THE TOP OF THE
CANISTER WITH RELATED VAULTED MECHANICAL
EQUIPMENT ADJACENT TO 29716 WHITLEY COLLINS 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 ("VVTFP"), 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. 32 located adjacent to 29504 Whitley Collins Drive;
WHEREAS, the original Project called for an existing 25'-6" tall streetlight with a
mast arm and luminaire to be decommissioned and replaced with a 25'-6" tall streetlight
pole with two 21.4" panel antennas that would be side-mounted to the pole and the
installation of above-ground mechanical equipment and meter box measuring 9.7 cubic
feet in area within the public right-of-way (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 August 8, 2017, the Planning Commission continued the public
hearing to August 30, 2017;
WHEREAS, on August 30, 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;
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WHEREAS, on August 30, 2017, after considering testimony and evidence
presented at the public hearing, 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. 32 on a vote 4-0
(Commissioners Leon and Tomblin, and Vice-Chair James were absent);
WHEREAS, on September 14, 2017, a timely appeal of the denial was filed by
the Applicant for a City Council appeal hearing;
WHEREAS, on November 15, 2017, a public notice on the appeal was mailed to
property owners within a 500-foot radius of the subject site 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
a list-serve message was sent to the subscribers;
WHEREAS, on November 30, 2017, the City Council held a duly noticed public
hearing on the appeal, at which time all interested parties were given an opportunity to
be heard and present evidence;
WHEREAS, on November 30, 2017, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining its jurisdiction
because the Applicant proposed to relocate the Project to another location adjacent to
29716 Whitley Collins Drive and had provided alternative design options that the
Planning Commission has not originally considered;
WHEREAS, on January 11, 2018, a public notice was mailed to property owners
within a 500-foot radius of the subject site and published in the Peninsula News,
announcing that a public hearing on the proposed facility is scheduled to occur on
Tuesday, January 30, 2018.
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 adjacent to 29716 Whitley Collins Drive,
B. Removal of an existing 29'-9" tall marbelite street light with a mast arm and
luminaire to be decommissioned and replaced with a 29'-9" tall marbelite
octagonal streetlight pole, as measured to the top of the canister, with antennas
encased in canister measuring 2' tall and 14.6" in diameter.
C. Install vaulted underground mechanical equipment in the PROW.
Section 2: Approval of a WTFP is warranted because the Project meets the
findings required by Section 12.18.090 of the Municipal Code:
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A. All notices required for the proposed installation have been given.
Crown Castle and the City have provided all notices required by the RPVMC. On
January 5, 2018 property owners within 500 feet of the proposed facility were
notified of the WTF mock-up which occur at least 30 days in advance of the final
City Council public hearing. Further, on January 11, 2018, a public notice
announcing the January 30, 2018 public hearing was provided to property owners
within 500 feet of the proposed WTF stating that the City Council was referring the
matter back to the Planning Commission. On December 1, 2017, the Applicant
provided the City with a Shot Clock Tolling Agreement establishing a new Shot
Clock Expiration date of February 28, 2018. The Applicant has notified the City 20
days prior to the expiration of the shot clock for this application, which is now
February 28, 2018. 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.
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.
As proposed, the revised Project employs screening and a camouflage design
with the use of a canister shroud measuring 2' tall and 14.6" in diameter to
replacement streetlight pole that will not exceed a total height of 29'-9"as
measured from grade to the top of the canister. All cabling will be obscured by the
use of clips or the like. The light standard will match the decommissioned light
standard and those in the immediate area. All of the related mechanical
equipment will be undergrounded in three vaults measuring a total of 43 square
feet.
The Project will not have any significant view impairment to surrounding
properties pursuant to Chapter 17.02.040 of the RPVMC. In terms of cumulative
visual or view impacts, a significant view impairment will not occur if other
streetlight poles in this location of the City were replaced to accommodate a similar
WTF.
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
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the architectural character of the surrounding buildings or structures in terms of
color, size, proportion, style, and quality.
The antennas will be encased in a canister shroud to a replacement streetlight pole
that matches other streetlight poles in the area, and the replacement streetlight
pole will utilize similar color, size, proportion, style, and quality to other street poles
in the area. The canister will be painted to match the light pole with a concrete
color. All cables and wires will be routed directly into the pole with no loops or
exposed cables, with all cables clipped-up at the antenna-meeting point and
contained within the canister. For this location, the canister installed to the top of a
replacement streetlight pole is an appropriate technique that disguises and blends
the facility into the environment.
12.18.080(A)(1)(c): Facilities shall be located such that views from a residential
structure are not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's general
plan, so that no significant view impairment results in accordance with this code
including Section 17.02.040 (View Preservation and Restoration). This provision
shall be applied consistent with local, state and federal law.
The Project with antennas encased in a canister shroud will not result in a
significant view impairment to surrounding residences, as defined in Section
17.02.040 (View Preservation and Restoration Code) of the RPVMC. City defined
viewing areas such as living rooms, family rooms, dining rooms and outside rear
patios are typically located on the ground floor areas of a residence. In terms of
cumulative visual or view impacts, a significant view impairment will not occur if
other streetlight poles in this location of the City were replaced to accommodate a
similar WTF.
12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts to traffic safety.
The proposed Project involves a replacement streetlight pole with the installation
of antennas encased in a canister shroud that will be mounted to the top of a
replacement streetlight pole that will be at approximately 26' above the drivable
road. Additionally, the related mechanical equipment will be vaulted underground
to avoid traffic safety impacts.
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.
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The replacement streetlight pole will consist of colors and materials that are
subdued and non-reflective. Further, they are the same as the existing streetlight
pole and other streetlight poles in the immediate area.
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 includes the installation of antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter to the top of a replacement streetlight pole
that will not exceed a maximum height of 29'-9" as measured to the top of the
canister with mechanical equipment that will be vaulted within the street. As
proposed, the canister would be visible, but it would screen the antennas and
cables from view. In regards to collocation, in order to accommodate additional
antennas, the height of the streetlight pole would have to be increased by
approximately 5' to accommodate collocation because of the size of the panel
antennas combined with there being a need to provide a separation of at least 1'
between antenna panels for functionality purposes. The design does not preclude
the possibility of collocation by the same or other operators or carriers but it may
not always minimize visual impact.
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. The findings for an Exception are required.
12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
way. All other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see
subparagraph (6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220
(State or Federal Law).)
The proposal meets this finding because it involves a replacement streetlight pole
with mounted antenna panels within the right-of-way. No new pole is proposed
that does not replace the existing pole.
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.
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The replacement pole will be the same height as the existing streetlight pole and
the canister will be within that height. No portion of the antenna or equipment is
less than 16W above the drivable road surface.
12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to
resemble the appearance and dimensions of existing poles near the proposed
location, including size, height, color, materials and style to the maximum extent
feasible.
The proposed replacement streetlight pole will match the appearance, in terms of
color, height, size and dimensions of the existing pole and all other light poles in
the immediate area. The replacement streetlight pole and related equipment will
consist of a Marbelite finish and painted in a concrete color to match the existing
street light poles in the area. 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.
12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
There will not be pole mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or
hidden to the fullest extent feasible.
All cables and wires are required to be short, encased in the shroud and directly
routed to 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 streetlight pole is similar in dimension to the existing streetlight
pole. The placement of the antennas on the side of the pole will occupy limited air
space above the right-of-way. The supporting mechanical equipment will be
undergrounded and the vault necessary to house the equipment measures
approximately 43 square feet of total surface 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.
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12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to
withstand wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact of
modification of an existing facility.
Based on the information submitted by the Applicant and as confirmed by the
City's consultants, the Planning Commission finds that the proposed installation
complies with all building codes related to wind loads.
12.18.080(A)(9): Obstructions. Each component part of a facility shall be located
so as not to cause any physical or visual obstruction to pedestrian or vehicular
traffic, incommode the public's use of the right-of-way, or safety hazards to
pedestrians and motorists and in compliance with Section 17.48.070 (Intersection
Visibility) so as not to obstruct the intersection visibility triangle.
The design, height and size of the proposed installation, including the
undergrounding of the mechanical equipment, will not cause an obstruction to the
public's use of the PROW, constitute a safety hazard and/or does not interfere with
the City-defined intersection visibility triangle. The proposed replacement streetlight
pole provides the same lighting, height and setback parameters applicable to other
streetlight poles. The mechanical equipment will be vaulted under the existing
parkway, and conditions are proposed to ensure the vents do not physically
obstruct the safe use of the parkway.
12.18.080(A)(10): Public Facilities. A facility shall not be located within any
portion of the public right-of-way interfering with access to a fire hydrant, fire
station, fire escape, water valve, underground vault, valve housing structure, or
any other public health or safety facility.
The 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 as determined by the Public Works Department. Furthermore, part
of the plan check review process and site inspections, Public Works staff will
ensure that the Project will not interfere with any of the stated utilities.
12.18.080(A)(11): Screening. All ground-mounted facility, pole-mounted
equipment, or walls, fences, landscaping or other screening methods shall be
installed at least 18 inches from the curb and gutter flow line.
The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment will be undergrounded.
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12.18.080(A)(12): Accessory Equipment. Accessory Equipment. Not including the
electric meter, all accessory equipment shall be located underground, except as
provided below.
The related accessory equipment, including the meter, will be located
underground.
12.18.080(A)(13): Landscaping. Where appropriate, each facility shall be
installed so as to maintain and enhance existing landscaping on the site, including
trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and
maintained by applicant where such landscaping is deemed necessary by the city
to provide screening or to conceal the facility.
Conditions have been added requiring the installation of landscaping within
parkway to help soften, as well as screen, the appearance of the Project.
12.18.080(A)(14) Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law or permitted by
the city.
The facility does not include any signs or advertising devices other than
certification, warning or other signage required by law. This is reinforced through
the conditions of approval.
12.18.080(A)(15)(a-e) Lighting.
The facility does not include any such lighting other than the luminary on the light
pole. This is reinforced through the conditions of approval.
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 light pole that's currently an existing 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
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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 design,
which includes the installation of antennas encased in a canister shroud that would
be affixed to the top of the pole is the least intrusive means of those alternatives.
There is technology that is possible to use but that would require a greater number
of facilities throughout the community to provide equal coverage and capacity. This
may require the introduction of new pole structures where there are no streetlights
or utility poles and may require associated accessory equipment at every location.
The supporting mechanical equipment would be vaulted meeting the objective of
installing the least intrusive facility. Other locations and designs considered for
purposes of filling the coverage gap claimed by the Applicant and discussed by
the City's RF Consultant presented the following intrusions, which will be more
intrusive then the Project:
• 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 Consultant, as opposed to having one AT&T pole in this
area.
• Alternate antenna designs, such as the canister shroud with a tapered
sleeve, were found to be bulkier in appearance and less streamlined than
the vertical slim-line flush and side-mounted panel antennas proposed
• The other pole options are significantly wider (14" and 16") and therefore
negate the objective of utilizing the least visible design option. 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: Because the Project's location is within a residential zone and
within the PROW of local streets as identified in the General Plan, approval of a WTFP
also requires an exception under Section 12.18.190 of the Municipal Code. The Project
meets the findings for an exception as required by Section 12.18.190(B) of the
Municipal Code:
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1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii).
The WTF meets the definition of "personal wireless services facility" as defined
by the United States Code.
2. The applicant has provided the city with a clearly defined technical
service objective and a clearly defined potential site search area.
The "technical service objective" identified by the Applicant in all application
documents is the coverage of a "significant gap" in service. This application
information was provided to the City's RF Consultant 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
City's consultant concluded that the proposal as provided will address coverage
deficiencies within the target area. Furthermore, according to the City's RF
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 varied terrain associated with the surrounding
landscape.
The City's RF 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 No. 32 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.
Similar antennas proposed on street light poles at the following 3 alternative
locations:
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• Replacement of an existing street light pole on the west side of Whitley
Collins, approximately 190 feet to the northwest of the original Primary.
• Street stop sign replacement located approximately 45 feet north of the
original Primary on the opposite side of Scotwood Dr.
• Replacement of an existing street light pole approximately 100' west of the
original Primary site on the west side of Whitley Collins.
None of the alternative sites meet the RF coverage objective as confirmed by the
City's RF Consultant. The alternative site analysis submitted by the Applicant
demonstrates that the proposed Project is likely the least intrusive location for the
wireless telecommunications facility in the immediate area because of the
surrounding slopes and vegetation. The proposed location is at the intersection of
an arterial (Crest Road) compared to the original location which was in dense
developed residential neighborhood. The WTF is also being proposed to be
installed on a replacement streetlight pole that replaces existing infrastructure.
And while the proposed location is adjacent to a residential zone, the proposed
location does not interfere with any public or residential views. The City's
technical consultants have reviewed the Applicant's documents and support this
conclusion.
Other locations and designs were found to be more intrusive then the proposed
Project:
• 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 canister shroud with a tapered
sleeve, were found to be bulkier in appearance and less streamlined than
the vertical slim-line flush and side-mounted panel antennas 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.
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The proposed WTF installation will be installed on a replacement streetlight
pole that will match other streetlight poles in the immediate area. The 29'-9" tall
streetlight pole will match the height of the existing pole. The location is
necessary to meet the Applicant's service objective, as affirmed by the City's
RF Consultant. The limited commercially zoned areas and limited number of
collector or arterial streets require the use of local residential streets in order to
provide proper coverage and capacity to various portions of the City. There are
no commercial zones within the signal reach of the identified gap.
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 included in the attached Exhibit A.
Section 5: The Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small scale
installation of new a new facility (14 CCR § 15303(d)).
Section 6: 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
recommends that the City Council approve the WTFP application and an exception for
the proposed installation adjacent to 29716 Whitley Collins Drive (ASG NO. 32).
PASSED, APPROVED AND ADOPTED this 30th day of January 2018, by the following
vote:
AYES: COMMISSIONERS BRADLEY, EMENHISER, NELSON, TOMBLIN, LEON,
AND VICE CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: None
William J. Ja s
dlr. Vice Chairman
Ara y P
Community Development Director; and,
Secretary of the Planning Commission
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Exhibit "A"
Conditions of Approval
WTF ASG NO. 32
Adjacent to 29716 Whitley Collins 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
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as
would strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the Project shall require approval of a revision by the final
body that approved the original Project, which may require new and separate
environmental review.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the Project pursuant to the RPVMC.
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7. If the applicant has not obtained approvals from Public Works for the approved
Project or not commenced the approved Project within one year of the final
effective date of this Resolution, approval of the Project shall expire and be of no
further effect unless, prior to expiration, a written request for extension is filed
with the Public Works Department and approved by the Director.
8. In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the stricter
standard shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or
discarded furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the Project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12. Prior to commencement work, the Applicant shall obtain approval of a haul route
from the Director of Public Works.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Inspector. All construction waste and
debris resulting from a construction, alteration or repair Project shall be removed
on a weekly basis by the contractor or property owner.
14. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by
the City with the effective date of this Resolution.
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15. The mockup shall be removed within seven (7) days after all appeal periods have
been exhausted.
Project-specific Conditions:
16. This approval allows for the following:
A. Installation of a Wireless Telecommunication Facility WTF adjacent to
29716 Whitley Collins Drive.
B. Removal of an existing 29'-9" tall marbelite street light with a mast arm
and luminaire to be decommissioned and replaced with a 29'-9" tall
marbelite octagonal street light, as measured to the top of the canister,
with antennas encased in a canister shroud measuring 2' tall and 14.6" in
diameter to the top of the pole.
C. The installation of three separate vaults to house the required accessory
equipment in the PROW, including vents and meter boxes that shall be
flush to the ground and that shall not exceed 43 square feet in total
surface area.
17. The proposed Project is subject to the following Conditions to the satisfaction of
the Director of Public Works and the Director of Community Development:
o The proposed WTF shall be installed on a new light standard that matches
the other light standards in the area in terms of color, size, proportion,
style, and quality. The antenna shroud and any related exposed structures
shall be painted and maintained to match the light pole.
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 the
same as the existing light standard and other lights standards in the
nearby area.
o The replacement pole shall match the appearance and dimensions of the
existing pole and all other light standards near the location.
o All cables and wires shall be encased within the pole and/or canister, and
hidden from view. No loops, exposed cables, splitters or unsightly wires
shall be permitted
P.C. Resolution No. 2018-06
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o All ground-mounted facilities including mechanical equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
18" from the curb and gutter flow line.
o All accessory equipment shall be located underground including meter
boxes and cabinets.
o The facility shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs. Additional
landscaping shall be planted, irrigated and maintained by Applicant where
such landscaping is feasible and deemed necessary by the City to provide
screening or to conceal the facility.
o The facility shall not bear any signs or advertising devices other than
certification, warning or other signage required by law or permitted by the
city.
o The facility shall not be illuminated except for the standard street-light
luminaire replacing the existing street light. All other illumination shall be
restricted pursuant to RPVMC § 12.18.080(A)(15).
o Noise:
■ Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00 p.m. and 7:00 a.m.
■ At no time shall equipment noise from any facility exceed an
exterior noise level of 55 dBA three feet from the source of the
noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone;
provided, however, that for any such facility located within 500 feet
of any property zoned residential or improved with a residential use,
such equipment noise shall not exceed 45 dBA three feet from the
sources of the noise. The foregoing noise level limitations shall
govern facilities subject to RPVMC Chapter 12.18.080(A)(16) until
such time that a specific noise regulation ordinance is adopted and
effective in this code, at which time such noise ordinance shall
govern.
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
P.C. Resolution No. 2018-06
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attractive nuisance. Additionally, no lethal devices or elements shall be
installed as a security device.
o Consistent with current state and federal laws and if permissible under the
same, at the time of modification of the facility, existing equipment shall, to
the extent feasible, be replaced with equipment that reduces visual, noise
and other impacts, including, but not limited to, undergrounding the
equipment and replacing larger, more visually intrusive facilities with
smaller, less visually intrusive facilities.
o The installation and construction of the facility shall begin within one year
after its approval or it will expire without further action by the city.
17. All wireless telecommunications facilities shall comply at all times with the
following operation and maintenance standards:
o Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent within 48 hours:
o After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
o After permittee, owner, operator or any designated maintenance agent
receives notification from the city.
18. Each permittee of a wireless telecommunications facility shall provide the Public
Works Director with the name, address and 24-hour local or toll free contact
phone number of the permittee, the owner, the operator and the agent
responsible for the maintenance of the facility ("contact information"). Contact
information shall be updated within seven days of any change.
19. Prior to any construction activities, the permittee shall submit a security
instrument (bond or letter of credit as approved by the City Attorney) in an
amount determined by the City to be sufficient to cover all potential costs listed
herein or in the RPVMC.
20. The permittee shall provide additional information to establish that the proposed
accessory equipment is designed to be the smallest equipment technologically
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:
P.C. Resolution No. 2018-06
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a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e. Missing, discolored or damaged artificial foliage or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter and debris;
g. Broken and misshapen structural parts; and
h. Any damage from any cause.
22. Permitee shall install, to the satisfaction of the Public Works Director or Director
of Community Development, drought tolerant landscaping near the proposed
installation of the vaulted accessory equipment and retaining wall enclosure to
screen the equipment consistent with existing landscaping prior to final
inspection.
23. All trees, foliage or other landscaping elements approved as part of the facility
shall be maintained in good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or
decayed landscaping. No amendment to any approved landscaping plan may be
made until it is submitted to and approved by the Public Works Director or the
Director of Community Development.
24. The permittee shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was
in at the time of installation.
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
P.C. Resolution No. 2018-06
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signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street
furniture or other objects permitted at or near said location.
27. Unless California Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless
pursuant to another provision of the RPVMC or these Conditions of Approval, it
lapses sooner or is revoked. At the end of ten years from the date of issuance,
such permit shall automatically expire.
28. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the city's current Code requirements
for WTF's.
29. A WTF is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days unless the permittee has obtained prior written approval from
the director which shall not be unreasonably denied. If there are two or more
users of a single facility, then this provision shall not become effective until all
users cease using the facility.
30. The operator of a facility and/or permitee 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 any discontinuation of
operations of 30 days or more.
31. Failure to inform the director of cessation or discontinuation of operations of any
existing facility as required by this section shall constitute a violation of any
approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by this article or
conditions of approval of the permit;
d. Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at the
owner's expense; and/or
e. Any other remedies permitted by law.
P.C. Resolution No. 2018-06
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32. Upon the expiration date of the permit, including any extensions, earlier
termination or revocation of the permit or abandonment of the facility, the
permittee, owner or operator shall remove its WTF and restore the site to its
natural condition except for retaining the landscaping improvements and any
other improvements at the discretion of the city. Removal shall be in accordance
with proper health and safety requirements and all ordinances, rules, and
regulations of the City. The facility shall be removed from the property, at no cost
or expense to the City.
33. Failure of the permittee, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of
these conditions of approval. Upon a showing of good cause, an extension may
be granted by the Public Works Director where circumstances are beyond the
control of the permittee after expiration. Further failure to abide by the timeline
provided in this section shall be grounds for:
a. Prosecution;
b. Acting on any security instrument required by the RPVMC or conditions of
approval of permit;
c. Removal of the facilities by the city in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's expense; and/or
d. Any other remedies permitted by law.
34. In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately
without advance notice or a hearing. Written notice of the removal shall include
the basis for the removal and shall be served upon the permittee and person who
owns the facility within five business days of removal and all property removed
shall be preserved for the owner's pick-up as feasible. If the owner cannot be
identified following reasonable effort or if the owner fails to pick-up the property
within 60 days, the facility shall be treated as abandoned property.
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
P.C. Resolution No. 2018-06
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and to the extent such costs exceed the amount of the performance bond, collect
those excess costs in accordance with the RPVMC. Unless otherwise provided
herein, the city has no obligation to store such facility. Neither the permittee,
owner nor operator shall have any claim if the city destroys any such facility not
timely removed by the Applicant, owner or operator after notice, or removed by
the city due to exigent circumstances.
36. Consistent with current state and federal laws and if permissible under the same,
at the time of modification of a WTF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other
impacts, including, but not limited to, undergrounding the equipment and
replacing larger, more visually intrusive facilities with smaller, less visually
intrusive facilities.
P.C. Resolution No. 2018-06
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