CC RES 2018-008 RESOLUTION NO. 2018-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING MAJOR WIRELESS
TELECOMMUNICATIONS FACILITY PERMIT 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 Palos Verdes 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") including
ASG No. 32;
WHEREAS, the original Project, located adjacent to 29504 Whitley Collins Drive,
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;
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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;
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;
WHEREAS, on November 15, 2017, a public notice 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 announcing the appeal
hearing before the City Council. A courtesy public notice was also published in the
Peninsula News on November 23, 2017; and a notification was sent to list-serve
subscribers;
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;
WHEREAS, on November 30, 2017, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining its jurisdiction
over the appeal 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 5, 2018, property owners within 500' of the proposed
wireless facility were notified of the WTF mock-up which occur at least 30 days in
advance of the City Council public hearing;
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 the Planning Commission will conduct a public hearing on the Project on
Tuesday, January 30, 2018;
WHEREAS, on January 30, 2018, 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 January 30, 2018, 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 recommend to the City Council approval of ASG No. 32 on a vote of 6-
0 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 at the proposed new
location adjacent to 29716 Whitley Collins Drive (intersection of Whitley Collins Drive and
Crest Road);
WHEREAS, on February 1, 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 the City Council will conduct a public hearing on the Project; and,
WHEREAS, on February 15, 2018, 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 approves a Major Telecommunications
Facility Permit ("WTFP") ASG No. 32 involving 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 at the proposed new location within the PROW adjacent to 29716
Whitley Collins Drive 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
January 5, 2018 property owners within 500' of the proposed facility were notified
of the WTF mock-up which occur at least 30 days in advance of the 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' 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.
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On February 1, 2018 a public notice announcing the February 15, 2018 public
hearing on the appeal of the Planning Commission's denial of ASG No. 32 was
published in the Peninsula News and provided to property owners within 500' of
the proposed Project and to list-serve subscribers. 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 a 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 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
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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 provided the total height of the
streetlight pole does not exceed 29'-9" in height as measured to the top of the
canister. 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 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.
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.
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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).) Sections 12.18.080(6)(c) through (f) are not applicable.
The Project 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 16Y2 feet above any drivable
road surface.
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The replacement streetlight 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
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space that will be occupied is below the surface with minimum exhaust vents that will
be flush to the surrounding ground.
12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to
withstand wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact of
modification of an existing facility.
Based on the information submitted by the Applicant and as confirmed by the City's
consultants, the 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.
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The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment will be undergrounded.
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 Project 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 Project 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. The antennas will be located on an existing streetlight pole and the
related mechanical equipment will be undergrounded.
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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 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
Resolution No. 2018-08
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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:
A. 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 Project meets the definition of "personal wireless services facility" as
defined by the United States Code.
B. 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
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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.
C. 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:
• 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 VVTF 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
Resolution No. 2018-08
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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.
D. 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 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
City Council finds to be necessary to protect the health, safety and general welfare, have
been imposed in the attached Exhibit A
Section 5: The City Council hereby grants the appeal and approves ASG No.
32 as revised and recommended for approval by the Planning Commission, 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.
Resolution No. 2018-08
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PASSED, APPROVED and ADOPTED this 15th day of February 2018.
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ATTEST: Ili
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INK Cle
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. 2018-08, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof hel• n February 15, 2018.
11111110
Mary Clerk
Resolution No. 2018-08
Page 14 of 14
RESOLUTION NO. 2018-08
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.
Resolution No. 2018-08
Exhibit A
Page 1 of10
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, 9:00AM 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.
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Exhibit A
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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.
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,
Resolution No. 2018-08
Exhibit A
Page 3 of 10
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
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:
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Exhibit A
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• 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 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:
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Exhibit A
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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:
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
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Exhibit A
Page 6 of 10
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
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.
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Exhibit A
Page 7 of 10
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.
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
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Exhibit A
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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 and to the extent
such costs exceed the amount of the performance bond, collect those excess costs
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Exhibit A
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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.
Resolution No. 2018-08
Exhibit A
Page 10 of 10