PC RES 2018-009 P.C. RESOLUTION NO. 2018-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT
ASG NO. 25 TO ALLOW FOR 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 37'-5" TALL WOOD UTILITY POLE, WITH
UNDERGROUND VAULTED ACCESSORY EQUIPMENT, ON THE
NORTH SIDE OF LONGHILL DRIVE BETWEEN WARRIOR DRIVE
AND FLAMING ARROW 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 including ASG No. 25
("Project") on the north side of Longhill Drive between Warrior Drive and Flaming Arrow
Drive;
WHEREAS, the original Project called for the installation of two panel antennas,
involving a replacement streetlight pole on the south side of the street adjacent to 27659
Longhill Drive 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 a new
facility (14 CCR § 15303(d)).
WHEREAS, on October 24, 2017, after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff Report,
and other records of proceedings, the Planning Commission of the City of Rancho Palos
Verdes continued the public hearing to November 28, 2017 at the request of the Applicant.
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WHEREAS, on November 28, 2017, after considering the Applicant's request to
continue the public hearing to allow additional time to explore relocating the proposed
wireless facility on an existing utility pole on the north side of the street, the Planning
Commission moved to deny, without prejudice, ASG No 25 and directed Staff to return
with a denial resolution for adoption at its December 12, 2017 meeting, on the basis that
the proposed installation failed to meet the least intrusive means test. The motion passed
by a vote of 3-2 with Commissioner Leon and Vice Chairman James dissenting
(Commissioner Emenhiser was absent and the Chair was vacant).
WHEREAS, on December 12, 2017, the Planning Commission, after considering
evidence presented that evening (including that the City Council at its November 30, 2017
special meeting referred the appeals of the Planning Commission's denial of five other
wireless telecommunication facilities back to the Planning Commission), decided, on a
vote of 5-1 with Commissioner Emenhiser dissenting, to grant the Applicant's request and
continue the matter to a date uncertain.
WHEREAS, on February 6, 2018, a public notice was mailed to property owners
within a 500' radius of the subject site and published in the Palos Verdes Peninsula News,
pursuant to the requirements of the Rancho Palos Verdes Municipal Code and notification
was sent to list-serve subscribers;
WHEREAS, on February 27, 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 February 27, 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 moved to approve ASG No.
25, on a vote of 6-0 (Commissioner Saadatnejadi was absent) and directed Staff to return
with resolution approving, with conditions, at its March 13, 2018 meeting;
WHEREAS, on March 13, 2018, the Planning Commission was presented with the
resolution of approval.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission hereby approves Major
Telecommunications Facility Permit ("WTFP") ASG No. 25 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 37'-5" tall wood utility pole with accessory
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equipment to be vaulted underground in the PROW on the north side of Longhill Drive
between Warrior Drive and Flaming Arrow Drive based on the findings cited in Section 2.
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
February 6, 2018, property owners within 500' of the proposed facility were notified
of the WTF mock-up which will occur at least 30 days in advance of the scheduled
hearing date of March 13, 2018 any action on the Project. On February 8, 2018, a
public notice announcing the February 27, 2018 public hearing was provided to
property owners within 500' of the proposed WTF and was published in the Palos
Verdes Peninsula News. On February 22, 2018, the Applicant provided the City
with a Shot Clock Tolling Agreement (See Attachment) establishing a new Shot
Clock Expiration date of March 30, 2018. The Applicant has notified the City 20
days prior to the expiration of the shot clock for this application, which is now March
30, 2018. Accordingly, all notice requirements have been met.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
12.18.080(A)(1)(a): The Applicant shall employ screening, undergrounding and
camouflage design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually
screened as possible, to prevent the facility from dominating the surrounding area
and to minimize significant view impacts from surrounding properties all in a manner
that achieves compatibility with the community and in compliance with Section
17.02.040 (View Preservation and Restoration) of this code.
The WTF is proposed to be installed on an existing 37'-5" tall utility pole, with mast
arm and multiple service arms that carry power lines along with cable lines. The
antennas will be encased in a canister measuring 2' tall and 14.6" in diameter,
minimizing its visual intrusion to the residential neighborhood. The canister would
blend into the environment that consists of utility poles, power lines, cable lines,
mast arms. The canister and mast arm would be the same color as the existing
utility pole. The area also has existing foliage that would be replaced after the
proposed facility is installed to soften its appearance from residences. The WTF
would 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.
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The proposed installation will not have any significant view impairment to
surrounding properties pursuant to Chapter 17.02.040 of the RPVMC and because
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)(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 antenna, encased in a canister, is proposed to be installed on an existing 37'-
5" tall utility pole that would be affixed to a 4' mast arm. The canister encasing the
antenna and mast arm would be painted brown to match the pole and other utility
poles in the area. The cylinder shaped shroud encasing the antenna and wires
affixed to the utility pole is an appropriate technique that disguises and blends the
facility into the environment blending with other poles in the area. According to the
Applicant, the proposed canister is the slimmest design available for AT&T antenna
panels, 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.
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 placing the antenna
within the canister shroud to an existing wood utility pole with the bottom of the
antenna canister shroud measuring approximately 22'-10" from the ground. The
related mechanical equipment will be vaulted underground in the parkway avoiding
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traffic safety impacts, including avoiding any impacts to the driveway serving 27662
Warrior Drive and any impacts along Longhill Drive.
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 would house the antenna and the associated mast arm
would be painted with non-reflective mission brown paint that would match and
blend with the existing utility 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 antenna would be encased in a 2' tall and 14.6" in diameter canister shroud on
a 4' mast arm, extending from the existing wood utility pole. The bottom of the
antennas/canister would measure approximately 22'-10" above the ground level
below. Locating the antennas on the mast arm would 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.
The proposed location is within the PROW of local residential streets as identified
in the City's General Plan and the Planning Commission 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 would be located in the PROW and would be pole mounted to
an existing utility pole.
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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 canister shroud would not exceed 48" above the existing height of the utility
pole. The antennas encased in the canister would be below the maximum height of
the 37'-5"tall utility pole and would be approximately 22'-10" above the ground level
to the bottom of the canister shroud housing the antennas. The proposed canister
shroud would 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 1614 feet above any drivable
road surface.
The proposed wireless facility will not be placed on a light pole.
12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The Project would be affixed to an existing wood utility pole, and the existing pole
would not be replaced.
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)(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.
Interior installation is infeasible as the WTF will utilize an existing wooden pole. All
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cables and wires shall be installed within conduit and, flush mounted and painted
mission brown to match the pole.
12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
The WTF would be mounted to an existing wood utility pole. The placement of the
antenna canister on the pole connected to a 4' arm would occupy limited air space
above the right-of-way. The mechanical equipment would 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 would be occupied is below the
surface with minimum exhaust vents that would 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
Staff, Staff finds that the proposed installation complies with all building codes
related to wind loads.
12.18.080(A)(9): Obstructions. Each component part of a facility shall be located
so as not to cause any physical or visual obstruction to pedestrian or vehicular
traffic, incommode the public's use of the right-of-way, or safety hazards to
pedestrians and motorists and in compliance with Section 17.48.070 (Intersection
Visibility) so as not to obstruct the intersection visibility triangle.
The Project design, height and size, including the undergrounding of the
mechanical equipment, would 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
would be located 22'-10" above the ground level, not over the drivable portion of
the street, and the related mechanical equipment would 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.
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The proposed installation, including the undergrounding of the mechanical
equipment, would 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 would ensure that the Project would
not interfere with any of the stated utilities.
12.18.080(A)(11): Screening. All ground-mounted facility, pole-mounted
equipment, or walls, fences, landscaping or other screening methods shall be
installed at least 18 inches from the curb and gutter flow line.
The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment would be undergrounded within the parkway.
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, would 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 would be proposed requiring the installation of landscaping within
parkway to help soften, as well as screen, the appearance of the vault cover.
12.18.080(A)(14) Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law or permitted by
the city.
The facility does not include any signs or advertising devices other than
certification, warning or other signage required by law.
12.18.080(A)(15)(a-e) Lighting.
The facility does not include any such lighting on the pole.
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C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
Not applicable, as the proposed WTF antennas are proposed to be installed on
existing infrastructure.
D. The Applicant has provided sufficient evidence supporting the Applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
federal law, or the Applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right of Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of
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 canister shroud
measuring 2' tall and 14.6" in diameter mounted on a 4' mast arm, extending from
the existing 37'-5" tall wood utility pole with the bottom of the antennas/canister
measuring 22'-10"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, 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
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more intrusive then the proposed Project for the reasons stated under Finding No.
3 of Section 12.18.190(B) of the Municipal Code, below.
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:
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii).
The WTF meets the definition of"personal wireless services facility" as defined
by the United States Code.
2. The Applicant has provided the city with a clearly defined technical
service objective and a clearly defined potential site search area.
The "technical service objective" identified by the Applicant in all application
documents is the coverage of a "significant gap" in service. This application
information was provided to the City's RF Consultant who reviewed the
information, as well as conducted both on-site walkouts of the area and a
computerized terrain study to determine if the proposed site will address a
coverage gap as identified in the application. Based on the terrain profile
characteristics and the field measurement data provided by Crown Castle, the
City's consultant concluded that the proposal as provided would address
coverage deficiencies within the target area. Furthermore, according to the
City's consultant, the Applicant has provided engineering details related to the
wireless bands that would 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 consultant also concluded that from an engineering perspective,
Crown Castle has provided engineering measurement data defining gaps in
AT&T coverage in small pocketed areas. This has been independently examined
by the City's consultant who determined that the signal levels are lower than
industry recommended levels to support modern 3G/4G customer needs.
Further, the engineering design provided by Crown Castle supports that, if
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constructed, DAS site ASG 25 would provide ample signal intensity (signal level
in excess of-95 dBm) to support AT&T's 3G/4G wireless services.
3. The Applicant has provided the City with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s)
or design(s) suggested by the city or otherwise identified in the
administrative record, including but not limited to potential alternatives
identified at any public meeting or hearing, are not technically feasible or
potentially available.
The Applicant has proposed similar antennas on other poles at the following 5
alternative locations based on the original primary location.
• Location A. Replacement of an existing street light pole on the south side of
Longhlll Drive approximately 50 feet west of Warrior Drive (this was previously
the primary location).
• Location C. Replacement of an existing street light pole approximately 100'
west of the new Primary site on the south side of Longhill Drive.
• Location E. Colocation on an existing Wireless Telecommunication Facility
on the west side of Warrior Drive on an existing utility pole.
• Location F. Replacement of a speed limit sign on the northwest corner of
Longhill Drive and Warrior Drive.
Every alternative site meets the RF coverage objective as confirmed by the
City's RF Consultant. The alternative site analysis submitted by the Applicant
demonstrates that the project, as currently proposed, is likely the least intrusive
location for the wireless telecommunications facility in the immediate area. The
proposed location is visible from fewer residences compared to all the other
alternative sites which are located in densely developed residential
neighborhoods. The WTF would better blend in with the existing pole because
of the existing, power lines, cable lines, and mast arms. And while the proposed
location is within a residential zone, the proposed location does not interfere
with any public or residential views. Furthermore, because of the limited
commercially zoned areas in the City and limited collector or arterial streets, in
order to provide coverage to the residential areas of the City, it's necessary to
locate within the right-of-way of local streets. The City's technical consultants
have reviewed the Applicant's documents and support this conclusion.
Further, other locations and designs were found to be more intrusive then the
proposed project as revised:
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• As noted above, locations that utilize an existing or replacement pole are
preferable to a whole new pole.
• A smaller or lower pole could be utilized, but it would require a multiplicity of
wireless antennas in the gap area claimed by the Applicant and discussed
by the City's RF Engineer, as opposed to having one AT&T antennas in this
area.
• Other design options from other (non-AT&T) carriers may be smaller in
overall size, however, such designs from other carriers are not engineered
to carry the bandwidths owned by AT&T.
• Collocating on the existing utility pole on Warrior Drive is not feasible as this
facility is in a dense residential neighborhood and any additional antennas
on the pole will exacerbate the visual intrusion into the neighborhood.
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 as it would be installed on an existing
wood utility pole that would match other utility poles in the immediate area. The
proposed canister housing the antenna would be painted brown to match the
existing pole and the accessory equipment will undergrounded.
Section 4: Conditions regarding any of the requirements listed above which the
Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed in the attached Exhibit A.
Section 5: The Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small scale
installation of a new facility (14 CCR § 15303(d)).
Section 6: Pursuant to Section 12.18.060 of the Municipal Code (referencing
Chapter 17.80 of the Municipal Code), any interested person aggrieved by this decision
or any portion of this decision may appeal to the City Council. The appeal shall set forth
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the grounds for appeal and any specific action being requested by the appellant. Any
appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or
by 5:30 PM on Wednesday, March 28, 2018. The Council-approved appeal fee must
accompany any appeal letter. If no appeal is filed timely, the Planning Commission's
decision will be final at 5:30 PM on Wednesday, March 28, 2018.
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves, a WTFP
application and an exception for the proposed installation on the north side of Longhill
Drive between Warrior Drive and Flaming Arrow Drive (ASG NO. 25).
PASSED, APPROVED AND ADOPTED this 13th day of March 2018, by the following
vote:
AYES: COMMISSIONERS LEON, NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER TOMBLIN
William J. J m
dr, Chairman
Ara ' i r- ' an, AI
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 25
NORTH SIDE OF LONGHILL DRIVE
BETWEEN WARRIOR DRIVE AND FLAMING ARROW DRIVE
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the street
light pole, the Applicant and the property owner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all conditions
of approval contained in this Resolution. Failure to provide said written statement
within ninety (90) days following the date of this approval shall render this approval
null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the Project.
3. Prior to conducting any work in the public right of way (PROW), such as for curb
cuts, dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as would
strict compliance with the approved plans and conditions. Otherwise, any
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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 Municipal 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.
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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 on the north side of Longhill Drive between Warrior Drive and
Flaming Arrow Drive.
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
37'-5"tall wood utility streetlight pole approximately 22'-10"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 including the risers
shall be painted mission brown and maintained to match the utility pole.
o The Applicant shall install drought tolerant landscaping within the parkway
to help soften, as well as screen, the appearance of the vault cover.
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o The facility shall be installed 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 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 mission brown 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.
• 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
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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
• 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.
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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
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
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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
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.
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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;
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
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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.
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