CC RES 2018-009 RESOLUTION NO. 2018-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES GRANTING AN APPEAL AND OVERTURNING THE
PLANNING COMMISSION'S DENIAL OF MAJOR WIRELESS
TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 53 TO
ALLOW THE INSTALLATION OF TWO PANEL ANTENNAS,
ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN
DIAMETER MOUNTED ON A 4' MAST ARM, EXTENDING FROM AN
EXISTING 52' TALL WOOD UTILITY STREETLIGHT POLE, WITH
UNDERGROUND VAULTED ACCESSORY EQUIPMENT AT THE
NORTHWEST INTERSECTION OF MONERO DRIVE AND GRANVIA
ALTAM I RA
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 including ASG No. 53
("Project") at the northwest intersection of Monero Drive and Granvia Altamira;
WHEREAS, the Project (as proposed to the Planning Commission) called for the
installation of two panel antennas, encased in a canister measuring 2' tall and 2' in
diameter mounted on a 4' mast arm, extending from an existing 52' tall wood utility
streetlight pole, approximately 20.6' from the ground with accessory equipment to be
vaulted underground in the PROW;
WHEREAS, because the Project's location is within a residential zone and within
the PROW of local streets as identified in the General Plan, approval of a WTFP also
requires an exception under Section 12.18.190 of the Municipal Code;
WHEREAS, the Project is exempt from review under the California Environmental
Quality Act ("CEQA") because the Project constitutes a small scale installation of new a
new facility (14 CCR § 15303(d)).
WHEREAS, on September 12, 2017, after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff Report,
and other records of proceedings, the Planning Commission of the City of Rancho Palos
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55478.00001\30324931.2
Verdes moved to deny, without prejudice, ASG No. 53, on a vote of 5-1 with
Commissioner Nelson dissenting, (Commissioner Leon was absent).
WHEREAS, on September 20, 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' 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 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 jurisdiction over
the appeal because the Applicant proposed modified options that the Planning
Commission had not originally considered and because it requested an updated coverage
gap analysis and to explore locating the facility on a nearby utility pole.
WHEREAS, on January 11, 2018, a public notice was mailed to property owners
within a 500' radius of the Project site and published in the Peninsula News, announcing
the Planning Commission meeting.
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;
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. 53, on a vote of 5-
1 with Commissioner Emenhiser dissenting, to allow the installation of antennas encased
in a canister measuring 2' tall and 14.6" in diameter mounted on a 4' mast arm, extending
from an existing 52' tall wood utility streetlight pole with vaulted accessory equipment at
the northwest intersection of Monero Drive and Granvia Altamira;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby grants the appeal and overturns the
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Planning Commission's denial of Major Telecommunications Facility Permit ("WTFP")
ASG No. 53 to allow installation of antennas encased in a canister measuring 2' tall and
14.6" in diameter mounted on a 4' mast arm, extending from an existing 52' tall wood
utility streetlight pole with accessory equipment to be vaulted underground in the PROW
at the intersection of Monero Drive and Granvia Altamira 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.
The Applicant and the City have provided all notices required by the RPVMC.
On May 25, 2017 property owners within 500' of the proposed facility were
notified of the WTF mock-up which occurred at least 30 days in advance of the
public hearing. Further, on August 3, 2017, a public notice announcing the
August 22, 2017 public hearing was provided to property owners within 500' of
the proposed WTF and was published in the Peninsula News. On August 22,
2017, at the request of the Applicant, the Planning Commission continued this
item to its September 12, 2017 meeting. On November 15, 2017 a public notice
announcing the November 30, 2017 public hearing on the appeal of the Planning
Commission's denial of ASG No. 53 was published in the Daily Breeze and
provided to property owners within 500' of the proposed facility and to list-serve
subscribers. An added courtesy public notice was published in the Peninsula
News on November 23, 2017. On January 11, 2018, a new public notice was
published in the Peninsula News and mailed to property owners within 500' of the
Project announcing that the Planning Commission will conduct a public hearing on
Tuesday, January 30, 2018. The notice mentioned that the hearing is a result of
the City Council referring the application back to the Commission for review with a
new recommendation for the City Council's consideration at a future duly noticed
public hearing. On February 1, 2018, a public hearing notice was published in the
Peninsula News, mailed to property owners within a 500' radius of the Project,
and sent to list-serve subscribers announcing the public hearing.
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.
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The WTF is proposed to be installed on an existing 52' tall utility streetlight pole,
with mast arm and luminaire and two service arms that carry power lines along with
cable lines. The panel antennas will be encased in a 2'tall canister, measuring 14.6"'
in diameter, minimizing its visual intrusion to the environment. The canister shroud
will blend into the environment that consist of utility light poles, power lines, cable
lines, mast arms and luminaries along Granvia Altamira. The canister and mast
arm will be the same color as the existing utility pole. The area also has existing
foliage that screen views of the proposed installation from residences. The WTF
will not dominate the surrounding area because of the existing vertical infrastructure
and limited size of the proposed canister. The proposal places all of the related
mechanical equipment underground in a vault.
The proposed installation will not have any significant view impairment to
surrounding properties pursuant to Chapter 17.02.040 of the RPVMC.
12.18.080(A)(1)(b): Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage, disguise,
and/or blend into the environment, including landscaping, color, and other
techniques to minimize the facility's visual impact as well as be compatible with the
architectural character of the surrounding buildings or structures in terms of color,
size, proportion, style, and quality.
The panel antennas are proposed to be installed on an existing 52' tall utility
streetlight pole, with mast arm and luminaire and two service arms that carry power
lines along with cable lines. The canister shroud encasing the panel antennas will
be painted brown to match other streetlight utility poles in the area and the existing
condition and improvements on the utility pole. The cylinder shaped shroud
encasing the two antenna panels and wires affixed to the utility streetlight pole is
an appropriate technique that disguises and blends the facility into the environment
(blending with the replacement pole and other poles in the area). According to the
Applicant, the proposed canister is the slimmest design available, as such, it
minimizes the facility's visual impacts and is more compatible with the surrounding
environment in terms of size, proportion and color.
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.
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The Project does not result in a significant view impairment to surrounding
residences. The proposed WTF is not located in a view corridor identified in the
City's General Plan or Coastal Specific Plan.
12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts to traffic safety.
The Project is designed to avoid adverse traffic impacts by affixing the panel
antennas within the canister shroud to an existing wood utility streetlight pole with
the bottom of the antenna canister shroud measuring approximately 20'-6" from the
ground. The related mechanical equipment will be vaulted underground avoiding
traffic safety impacts, including avoiding any impacts to the intersection visibility
triangle at the intersection of Monero Drive and tranvia Altamira.
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 canister shroud that will house the panel antennas and the associated mast
arm will be painted with non-reflective brown paint that will match and blend with
the existing utility street light pole.
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 is proposed to be installed on a mast arm attached to an existing 52'
tall utility streetlight pole, with a luminaire and two service arms that carry power
lines along with cable lines. The antennas will be encased in a 2' tall and 14.6" in
diameter canister shroud on a 4' mast arm, extending from the existing wood utility
streetlight pole. The bottom of the antennas/canister would measure approximately
20'-6" above the ground level below. Locating the antennas on the mast arm will
not preclude possible future collocation by other operators or carriers.
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.
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The proposed location is within the PROW of local residential streets as identified
in the City's General Plan and the City Council finds that an Exception shall be
made as detailed in Section 3 of this Resolution.
12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
way. All other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see subparagraph
(6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220 (State or Federal
Law).) Sections 12.18.080(6)(c) through (f) are not applicable.
The proposed WTF will be located in the PROW and will be pole mounted to an
existing utility streetlight pole.
12.18.080(A)(6)(c): Utility Poles. The maximum height of any antenna shall not
exceed 48 inches above the height of an existing utility pole, nor shall any portion
of the antenna or equipment mounted on a pole be less than 24 feet above any
drivable road surface.
The antenna canister will not exceed 48" above the existing height of the light pole.
The antennas are proposed below the maximum height of the 52' tall utility light
pole approximately 20'-6" above the ground level to the bottom of the canister
shroud housing the antennas. The proposed antenna and canister shroud will not
be above the drivable road surface.
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 76% feet above any drivable
road surface.
No portion of the antenna or equipment is less than 16'/2 ' above the drivable road
surface and does not exceed 4' above the existing height of the pole.
12.18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The project will be affixed to an existing wood streetlight utility pole, and the existing
pole will not be replaced.
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12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
The pole mounted equipment, excluding antennas, would be limited to cable
connecting the node to power and fiber optic backbone, connectors, brackets, and
GPS. The pole mounted equipment, excluding antennas, would therefore not
exceed six cubic feet in dimension. Furthermore, the related mechanical equipment
will be vaulted underground.
12.18.080(A)(6)(1): 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.
Interior installation is infeasible as the WTF will utilize an existing wooden pole. All
cables and wires shall be installed within conduit and, flush mounted and painted
brown to match the pole.
12.18.080(A)(7): Space. Each facility shall be designed tooccupy the least amount
of space in the right-of-way that is technically feasible.
The WTF will be mounted to an existing wood utility street light pole. The placement
of the antennas on the pole connected to a 4' arm will occupy limited air space
above the right-of-way. The accessory equipment will be undergrounded and the
vault necessary to house the equipment measures approximately 43 square feet in
area. This space is the least amount of space that is technically feasible for vaulted
equipment owned by AT&T. The space that will be occupied is below the surface
with minimum exhaust vents that will be flush to the surrounding ground.
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 verified 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
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pedestrians and motorists and in compliance with Section 17.48.070 (Intersection
Visibility) so as not to obstruct the intersection visibility triangle.
The Project design, height and size, including the undergrounding of the
mechanical equipment, will not cause an obstruction to the public's use of the
PROW, does not constitute a safety hazard and/or does not interfere with the City-
defined intersection visibility triangle because the bottom of the proposed antennas
will be located 20'-6" above the ground level, not over the drivable portion of the
street, and the related mechanical equipment will be undergrounded.
12.18.080(A)(10): Public Facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure, or any other public
health or safety facility.
The proposed installation, including the undergrounding of the mechanical
equipment, will not interfere with fire hydrants, fire stations, water lines or any other
public health or safety facilities. 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)(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.
This portion of Granvia Altamira is characterized by a line of 52' tall utility streetlight
poles strung along the west side of the road. The placement of a vault would require
the removal of one of the saplings along the west side of Granvia Altamira. As a
Condition of Approval, the Applicant must replace the tree at a location to the
satisfaction of the Director of Community Development. Additionally, the Applicant
will be required as a Condition of Approval to provide landscaping around the vault
within the parkway to minimize its visual appearance from pedestrians and
motorists.
C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
Not applicable. The antennas will be located on an existing utility light 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 revised
design, which includes the installation of antennas encased in a 2' tall and 14.6" in
diameter canister shroud mounted on a 4' mast arm, extending from the existing 52'
tall wood utility streetlight pole with the bottom of the antennas/canister measuring
20'-6" from the ground is the least intrusive means of those alternatives. There are
alternative antennas available but, according to the Applicant, and as confirmed by
the City's RF Consultant 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 would likely require associated accessory equipment at every location. The
supporting mechanical equipment would be vaulted underground resulting in
meeting the objective of installing the least intrusive facility.
Other locations and designs, considered as part of the application process for
purposes of filling the coverage gap claimed by the Applicant, were found to be
more intrusive then the proposed Project.
An updated gap coverage analysis demonstrates the continued need to install ASG
No. 53 in order to achieve the coverage objective which was confirmed by the City's
RF Consultant.
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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 WTF 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 in the general area
of the intersection of Monero Drive and Granvia Altamira. This application
information was provided to the City's RF engineer who reviewed the
information, as well as conducted both on-site walkout of the area and a
computerized terrain study to determine the proposed site will address a
coverage gap as identified in the application. Based on the terrain profile
characteristics and the field measurement data provided by Crown Castle, the
proposal as provided will address coverage deficiencies within the target area.
The Applicant has provided engineering details related to the wireless bands that
will be used for the DAS deployment, including identifying transmitting
equipment, power levels for each band and specifics regarding the radiation
patterns of the antennas to be installed.
Crown Castle has provided engineering measurement data defining gaps in
AT&T coverage in small pocketed areas. This has been independently examined
by the City's RF consultant who determined that the signal levels are lower than
industry recommended levels to support modern 3G/4G customer needs. The
engineering design provided by Crown Castle supports that, if constructed, DAS
site ASG No. 53 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
Resolution No. 2018-09
Page 10 of 12
identified at any public meeting or hearing, are not technically feasible or
potentially available.
The Applicant has provided comparative analysis for possible similar small cell
nodes (antennas) at the following 3 alternative locations:
• Alternative No. 1 (location B). Existing wood utility light pole with mast arm
and luminaire approximately 375-feet south of the subject site located across
Monero Drive, on the same line of utility pole street lights that are strung
along the west side of Granvia Altamira.
• Alternative No. 2 (location C). Replacement of an existing traffic stop sign
pole with a larger pole approximately 84-feet south of the subject site.
• Alternative No. 3 (location D). Diagonally across the intersection of Monero
Drive and Granvia Altamira on a replacement pole for an existing traffic sign
(stop sign) pole, approximately 140-feet east of the subject site.
The Applicant has provided comparative analysis of these locations. All the
alternative sites meet the RF coverage objective as confirmed by the City's RF
consultant. The alternative site analysis demonstrates that the Project is likely
the least intrusive location for the wireless telecommunications facility in the
immediate area. The proposed Project, with the canister encasing the
antennas at the proposed location, is the least intrusive location for the wireless
telecommunications facility in the immediate area because the other locations
are more visible from residences as they involve either higher terrain that's
more visible to from residences or replacement stop sign pole and replacement
streetlight pole both more noticeable than the utility pole which allows the
antennas/canister to blend with the existing mast arm, luminaire and other
service arms, power lines and cable lines.
4. The Applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why the proposed location and
design deviates is the least noncompliant location and design necessary
to reasonably achieve the Applicant's reasonable technical service
objectives.
The Applicant has established, and the City's RF consultant has confirmed, that
to meet its technical service objective, the proposed installation must be
installed in a residential zone. As the City is mostly zoned residential, many of
the WTF are likely to locate in residential zones. Notably, the Applicant has
provided a meaningful alternative comparative analysis and the proposed
Project is found to be the preferred design by being installed on existing vertical
infrastructure, a slim canister, and undergrounding all associated equipment.
Resolution No. 2018-09
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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 of the Planning
Commission's denial of Wireless Telecommunications Facility Permit ASG No. 53, as
revised, based on the evidence in the record and the findings contained in this resolution.
Section 6: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
Section 7: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure or other applicable short periods of limitation.
PASSED, APPROVED and ADOPTED this 15th day of February 2018.
Mayor
ATTEST: Waft
Aar-
Mk.
MEM
lerr
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palox erdes, do hereby certify that
the above Resolution No. 2018-09, was duly and regular\passed and adopted by the
said City Council at a regular meeting thereof held on Febr► .ry 15, 2018.
116,1111NOM
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Resolution No. 2018-09
Page 12 of 12
RESOLUTION NO. 2018-09
EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 53
NORTHWEST INTERSECTION OF
MONERO DRIVE AND GRANVIA ALTAMIRA
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
Resolution No. 2018-09
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55478.00001\30324931.2
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 and/or permits from the Departments
of Public Works and/or Community Development 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 Community
Development Department and approved by the Director of Community
Development.
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.
Resolution No.2018-09
Exhibit A
Page 2 of 9
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 of the Project shall be
removed on a daily 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 (Public Works and Community Development Departments) with the effective
date of this Resolution.
15. The mock-up 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. Install a WTF at the northwest intersection of Monero Drive and Granvia
Altamira.
B. Install antennas encased in a canister measuring 2' tall and 14.6" in
diameter that will be mounted on a 4' mast arm, extending from an
existing 52' tall wood utility streetlight pole approximately 20.6' from the
ground level.
C. The installation of vaulted accessory mechanical equipment in the PROW,
including vents and meter boxes that shall be vaulted underground and
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 antenna shroud and any related exposed structures shall be painted
mission brown and maintained to match the utility light pole.
o The Applicant shall install drought tolerant landscaping near the proposed
installation to screen the equipment.
Resolution No.2018-09
Exhibit A
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o The Applicant shall replace the tree that is to be removed to accommodate
the vaulted equipment with a tree in the same general location.
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 utility streetlight pole. All paint shall be professionally
applied.
o All cables and wires attached to the exterior of the wooden pole shall be
mounted flush in a conduit that is painted to match the pole.
o No cable or wires shall be visible.
o All ground-mounted facilities including mechanical equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
18 inches from the curb and gutter flow line.
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 existing streetlight
luminaire. 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.
Resolution No.2018-09
Exhibit A
Page 4 of 9
• 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:
• After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
Resolution No.2018-09
Exhibit A
Page 5 of 9
• After permittee, owner, operator or any designated maintenance
agent receives notification from the City.
18. Each permittee of a wireless telecommunications facility shall provide the Public
Works Director with the name, address and 24-hour local or toll free contact phone
number of the permittee, the owner, the operator and the agent responsible for the
maintenance of the facility ("contact information"). Contact information shall be
updated within seven days of any change.
19. Prior to any construction activities, the permittee shall submit a security instrument
(bond or letter of credit as approved by the City Attorney) in an amount determined
by the City to be sufficient to cover all potential costs (including removal costs)
listed herein or in the RPVMC.
20. Prior to permit issuance, the permittee shall provide additional information to
establish that the proposed accessory equipment is designed to be the smallest
equipment technologically feasible. The City may consider equipment installed or
proposed to be installed in other jurisdictions.
21. All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or
camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e. Missing, discolored or damaged artificial foliage or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter and debris;
g. Broken and misshapen structural parts; and
h. Any damage from any cause.
22. Applicant shall install, to the satisfaction of the Public Works Director or Director of
Community Development, landscaping near the proposed installation of the
Resolution No.2018-09
Exhibit A
Page 6 of 9
vaulted accessory equipment to screen the vaulted 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.
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
Resolution No.2018-09
Exhibit A
Page 7 of 9
consecutive days unless the permittee has obtained prior written approval from the
Director of Public Works, which shall not be unreasonably denied.
30. The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites)
within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of
Public Works any discontinuation of operations of 30 days or more.
31. Failure to inform the Director of Public Works of cessation or discontinuation of
operations of any existing facility as required by this section shall constitute a
violation of any approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by the RPVMC or
Conditions of Approval of the permit;
d. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
e. Any other remedies permitted by law.
32. Upon the expiration date of the permit, including any extensions, earlier termination
or revocation of the permit or abandonment of the facility, the permittee, owner or
operator shall remove its WTF and restore the site to its natural condition except
for retaining the landscaping improvements and any other improvements at the
discretion of the City. Removal shall be in accordance with proper health and
safety requirements and all ordinances, rules, and regulations of the City. The
facility shall be removed from the property, at no cost or expense to the City.
33. Failure of the permittee, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of these
Conditions of Approval. Upon a showing of good cause, an extension may be
granted by the Public Works Director where circumstances are beyond the control
of the permittee after expiration. Further failure to abide by the timeline provided in
this section shall be grounds for:
a. Prosecution;
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Exhibit A
Page 8 of 9
b. Acting on any security instrument required by the RPVMC or these
Conditions of Approval;
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 or permitee'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 or security instrument
posted and to the extent such costs exceed the amount of the security instrument,
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 permitee, 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 any equipment installed above ground
and replacing larger, more visually intrusive facilities with smaller, less visually
intrusive facilities.
Resolution No.2018-09
Exhibit A
Page 9 of 9