PC RES 2018-014 P.C. RESOLUTION NO. 2018- 14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, MAJOR
WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 64
TO ALLOW THE INSTALLATION OF TWO 21.4" SIDE-MOUNTED
PANEL ANTENNAS FLUSH-MOUNTED ON A REPLACEMENT
STREET SIGN POLE WITH RELATED VAULTED MECHANICAL
EQUIPMENT PLACED IN THE MEDIAN OF PALOS VERDES DRIVE
WEST, SOUTH OF 30150 PALOS VERDES DRIVE WEST.
WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or
Municipal Code) governs the permitting, development, siting, installation, design, operation and
maintenance of wireless telecommunications facilities ("WTFs") in the City's public right-of-way
("PROW") (RPVMC § 12.18.010);
WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to the City
for an Wireless Telecommunications Facility Permit ("WTFP"), pursuant to Section 12.18.040(A)
of the Municipal Code, to install 26 antennas in the public right-of-way (PROW) to service AT&T
customers throughout the City (the "Project") including ASG No. 64 on Palos Verdes Drive West
south of 30150 Palos Verdes Drive West;
WHEREAS, the original Project called for the installation of two 21.4" panel antennas on
a new 17' tall pole in the public right-of-way (PROW) on the seaward side of Palos Verdes Drive
West, south of 3344 Palos Verdes Drive West;
WHEREAS, based on direction provided to the Applicant regarding view concerns with
the original proposal and the requirement to process a Coastal Development Permit, the
Applicant withdrew the original Project and submitted a new application on January 31, 2018
locating the wireless facility on the landward side of Palos Verdes Drive West;
WHEREAS, the revised Project proposed by the Applicant calls for the installation of two
21.4" panel antennas on a replacement steel street sign pole that will measure 17' in total height
with an above-ground mechanical cabinet designed to resemble a Palos Verdes Stone pilaster
located along Palos Verdes Drive West;
WHEREAS, the Project, as recommended by Staff, would limit the height of the
replacement street sign pole to 14' tall and would require the vaulting of the mechanical
equipment including the radio and auxiliary equipment, as well as the SCE meter box. There will
be a total of three vaults measuring approximately 43 square feet;
WHEREAS, the Planning Commission, after considering different design options,
indicated that the least intrusive design for a replacement street sign pole would be side-
mounted antenna panels that are flush-mounted to the pole and painted Mission Brown with
clipped-up cables, with modifications to the pole location, pole height, pole size, pole color, and
installation technique;
WHEREAS, the Project requires the approval of a WTFP under Section 12.18 of the
Municipal Code;
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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 April 24, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is a request to:
A. Install a WTF on the landward side of Palos Verdes Drive West, south 30150
Palos Verdes Drive West;
B. Replace an existing 9'-10" tall street sign pole with a 14' tall street sign pole with
side-mounted 21.4" antenna panels not to exceed 14' in height as measured
from the ground to the top of the pole. The panel antennas shall be flush-
mounted with clipped-up cables on the replacement street sign pole that will be
painted Mission Brown to visually blend with the surrounding environment;
C. Install vaulted mechanical equipment including the radio and auxiliary equipment,
as well as the SCE meter box in a secondary vault for a total of three vaults
measuring approximately 43 square feet in surface area.
D. Construct a retaining wall with PV stone not to exceed a height 7' in height to
accommodate the underground vault.
Section 2: Approval of a WTF permit is warranted because the Project meets
the findings required by Section 12.18.090 of the Municipal Code:
A. All notices required for the proposed installation have been given.
Crown Castle and the City have provided all notices required by the RPVMC. On
March 8, 2018 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. On April 5, 2018, a public notice announcing the April 24, 2018 public
hearing was provided to property owners within 500 feet of the proposed WTF.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
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12.18.080(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 project employs a screening and a camouflage design with the use of a 21.4"
tall side-mounted panel antenna that will be flush-mounted to the side of the
replacement street sign pole, with clipped-up cables, and that will be a total of 14'
in height as measured from grade to the top of the pole. The flush-mounted
antenna panels, not to exceed 1" from the pole surface, presents a slim side view
that blends cleanly with the verticality of the pole. The pole is designed to match
the poles in the immediate area. 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 proposed WTF will be side-mounted to a replacement street sign pole that
matches to the best extent possible other street sign poles in the area, and will
utilize similar color, size, proportion, style, and quality to other street sign poles in
the area. The antenna panels side-mounted to the replacement street sign pole
will be professionally painted Mission Brown to blend with the surrounding
environment. The replacement pole will not exceed 6" in diameter at its base and
will taper to 5" in diameter at the top of the pole. The mechanical equipment will
be vaulted within the public right-of-way.
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 Commission finds that the design would not significantly impair any public or
private views. The proposed WTF will not impair views observed within a defined
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 has been designed to avoid adverse traffic impacts by side-mounting
the panel antennas to the replacement street sign pole that will measure a total of
14' to the top of the pole as measured from the ground and the pole. The related
mechanical equipment will be vaulted avoiding traffic safety impacts.
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and
non-reflective materials that blend with the materials and colors of the surrounding
area and structures.
The proposed street sign pole and side-mounted panel antennas will be
professionally painted brown to blend with the surrounding environment and will
consist of materials that are subdued, non-reflective and are the same as the
other street sign poles in the immediate area.
12.18.080(A)(5): Equipment. The applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future
collocation by the same or other operators or carriers. Unless otherwise provided
in this section, antennas shall be situated as close to the ground as possible.
The Project consists of a replacement street sign pole with the installation of two
21.4" panel antennas that will be flush- and side-mounted to a pole, with clipped-
up cables, which would result in an overall height of 14'. The project proposes a
slim side view that blends cleanly with the verticality of the street sign pole and is
the least visible of the options presented.
The height of the street sign pole may have to be increased by up to 5' to
accommodate collocation because of the size of the panel antennas combined
with there being a need to provide a separation of at least 1' between antenna
panels for functionality purposes. Future location of additional antennas on this
street light pole would detract from the overall appearance, and would require City
approvals because the pole is owned by the City.
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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 Project involves a replacement street sign pole on a major arterial street
(Palos Verdes Drive West) identified in the General Plan. Therefore, an Exception
is not applicable.
12.18.080(A)(6)(b) and (h): Only pole-mounted antennas shall be permitted in the
right-of-way. All other telecommunications towers are prohibited, and no new
poles are permitted that are not replacing an existing pole.
The Project proposes a replacement street sign pole.
12.18.080(A)(6)(d): Light Poles. The maximum height of any antenna shall not
exceed four feet above the existing height of a light pole. Any portion of the
antenna or equipment mounted on a pole shall be no less than 16% feet above
any drivable road surface.
The Project will not use a street light pole.
12.18.080(A)(6)(e): Replacement Poles. If an applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to
resemble the appearance and dimensions of existing poles near the proposed
location, including size, height, color, materials and style to the maximum extent
feasible.
The replacement street sign pole will be approximately 4' taller than the existing
pole and approximately 6" wide in diameter at the base and 5" in diameter at the
top of the pole, but the design, appearance and dimensions resemble the existing
pole to the maximum extent feasible.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or
hidden to the fullest extent feasible.
All cables and wires are required to be short, clipped-up and directly routed to the
pole in order to be hidden from view with no loops, exposed cables, splitters or
unsightly wires.
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12.18.080(A)(7): Space. Each facility shall be designed to occupy the least
amount of space in the right-of-way that is technically feasible.
The replacement street sign pole would not take up much more right-of-way
space compared to the existing street sign pole. The placement of the antennas
on top of the pole will occupy limited air space above the right-of-way The
mechanical equipment is conditioned to be undergrounded and will measure
approximately 43 square feet in total surface area. This space is the least amount
of space that is technically feasible for equipment owned by AT&T. The space
that will be occupied is below the surface with minimum exhaust vents that will be
flush to the surrounding ground. The SCE meter box will be vaulted. Because the
site is adjacent to a slope, a retaining wall will be necessary to facilitate the
undergrounding of the equipment that will be constructed using Palos Verdes
Stone to match the surrounding infrastructure along PVDW.
12.18.080(8): Wind Loads. Each facility shall be properly engineered to
withstand wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact of
modification of an existing facility.
Based on the information submitted by the Applicant and as confirmed by the
City's consultants, the Planning Commission finds that the proposed installation
complies with all building codes related to wind loads.
12.18.080(9): Obstructions. Each component part of a facility shall be located so
as not to cause any physical or visual obstruction to pedestrian or vehicular traffic,
incommode the public's use of the right-of-way, or safety hazards to pedestrians
and motorists and in compliance with Section 17.48.070 (Intersection Visibility) so
as not to obstruct the intersection visibility triangle.
The proposed street sign pole design would not cause an obstruction to the
public's use of the PROW, constitute a safety hazard and/or does not interfere
with a City-defined intersection visibility triangle. The proposed Project is not
located in a paved sidewalk or walking area established for regular pedestrian
use, and the replacement poles preserves the same/current signage purposes
and setback parameters applicable to other street signs.
12.18.080(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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Pursuant to the application documents submitted to the City, the street sign pole
design would not interfere with any public health or safety facilities.
C. If applicable, the applicant has demonstrated its inability to locate on
existing infrastructure.
The Project will be located on an existing replacement street sign pole.
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.
The proposed replacement street sign pole design is the least intrusive of the
alternative locations considered. Other locations and designs considered as
part of the application process for purposes of filling the coverage gap claimed
by the Applicant and discussed by the City's RF Consultant were found to be
more intrusive then the proposed project.
Section 3: Conditions regarding any of the requirements stated herein are
necessary to protect the health, safety and general welfare have been imposed in the
attached Exhibit A.
Section 4: 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)).
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Section 5: Pursuant to Section 12.18.060 of the Municipal Code (referencing
Chapter 17.80 of the Municipal Code), any interested person aggrieved by this decision
or any portion of this decision may appeal to the City Council. The appeal shall set forth
the grounds for appeal and any specific action being requested by the appellant. Any
appeal letter must be filed within fifteen (15) calendar days of the date of this decision,
or by 5:30 p.m. on Wednesday, May 9, 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 p.m. on Wednesday, May 9, 2018.
Section 6: For the foregoing reasons and based on testimony and evidence
presented at the public hearings, the information and findings included in the Staff
Report, Minutes and other records of proceedings, the Planning Commission of the City
of Rancho Palos Verdes hereby conditionally approves, a WTF permit application for
the proposed installation on the landward side of Palos Verdes Drive West south of
30150 Palos Verdes Drive West (WTF ASG NO. 64).
PASSED, APPROVED AND ADOPTED this 24th day of April 2018, by the following
vote:
AYES: COMMISSIONERS LEON, TOMBLIN, PERESTAM, SAADATNEJADI, VICE-
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER NELSON
7/-IL
William J. a s
Chairman
Ara Mihranian, AICP
Community Development Director; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WIRELESS TELECOMMUNICATION FACILITY PERMIT ASG NO. 64
PALOS VERDES DRIVE WEST SOUTH OF 30150 PALOS VERDES DRIVE WEST
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the facility,
the applicant shall submit to the City a statement, in writing, that they have read,
understand, and agree to all Conditions of Approval contained in this Resolution.
Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Prior to conducting any work in the public right of way (PROW), such as for curb
cuts, dumpsters, temporary improvements and/or permanent improvements, the
applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as
would strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the project shall require approval of a revision by the final
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body that approved the original project, which may require new and separate
environmental review.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the RPVMC.
7. If the applicant has not obtained approvals from Public Works for the approved
project or not commenced the approved project within one year of the final
effective date of the Resolution, approval of the project shall expire and be of no
further effect unless, prior to expiration, a written request for extension is filed
with the Public Works Department and approved by the Director.
8. In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the stricter
standard shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or
discarded furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12. Prior to commencement work, the Applicant shall obtain approval of a haul route
from the Director of Public Works.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Inspector. All construction waste and
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debris resulting from a construction, alteration or repair project shall be removed
on a weekly basis by the contractor or property owner.
14. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by
the City with the effective date of this Resolution.
Project-specific Conditions:
15. This approval shall allow for the following:
A. Install a WTF on the landward side of Palos Verdes Drive West south of
30150 Palos Verdes Drive West;
B. Replace an existing 9'-10" tall street sign pole with a 14' tall street sign pole
with side-mounted 21.4" antenna panels that are flush mounted to the
replacement sign pole that will be painted Mission Brown to visually blend
with the surrounding environment; and,
C. Install vaulted mechanical equipment including the radio and auxiliary
equipment, as well as the SCE meter box in a secondary vault for a total of
three vaults measuring approximately 43 square feet in surface area within
the median of Palos Verdes Drive West with the boring of all required
conduit under the roadway.
D. Staff shall work with the property owners of 7422 Via Lorado to identify the
final location of the street sign pole within 10' of the proposed location for
the approved wireless facility.
16. The proposed project is subject to the following Conditions to the satisfaction of
the Director of Public Works and the Director of Community Development:
• The proposed WTF shall be installed on a replacement street sign pole
and shall be of a color, size, proportion, style, and quality deemed
acceptable by the Director of Public Works and the Director of Community
Development. The antenna panels and any related exposed structures
shall be professionally painted Mission Brown and maintained to match
the street sign pole.
• The Applicant shall install landscaping near the proposed installation to
screen the street sign pole and vaulted equipment consistent with existing
landscaping.
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• The facility shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety; construction and operation of the facility
shall comport with a duly-approved traffic control plan as required.
• Colors and materials shall be subdued and non-reflective, and the pole
and panel antennas shall be professionally painted Mission Brown to
match existing street sign poles in the immediate area.
• All cables and wires shall be directly routed to the pole and encased within
the pole, and hidden from view. No loops, exposed cables, splitters or
unsightly wires shall be permitted.
• All ground-mounted facilities including mechanical equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
18" from the curb and gutter flow line.
• All accessory equipment shall be located underground including meter
boxes and cabinets.
• The facility shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs. Additional
landscaping shall be planted, irrigated and maintained by Applicant where
such landscaping is feasible and deemed necessary by the City to provide
screening or to conceal the facility.
• The facility shall not bear any signs or advertising devices other than
certification, warning or other signage required by law or permitted by the
city.
• The facility shall not be illuminated except for the standard street-light
luminaire replacing the existing street light. All other illumination shall be
restricted pursuant to RPVMC § 12.18.080(A)(15).
• Noise:
• Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00 p.m. and 7:00 a.m.
• At no time shall equipment noise from any facility exceed an
exterior noise level of 55 dBA three feet from the source of the
noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone;
provided, however, that for any such facility located within 500 feet
of any property zoned residential or improved with a residential use,
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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 12.18080(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.
• 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.
• Consistent with current state and federal laws and if permissible under the
same, at the time of modification of the facility, existing equipment shall, to
the extent feasible, be replaced with equipment that reduces visual, noise
and other impacts, including, but not limited to, undergrounding the
equipment and replacing larger, more visually intrusive facilities with
smaller, less visually intrusive facilities.
• The installation and construction of the facility shall begin within one year
after its approval or it will expire without further action by the City.
17. All wireless telecommunications facilities (WTFs) shall comply at all times with
the following operation and maintenance standards:
• Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent within 48 hours:
• After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
• After Applicant, owner, operator or any designated maintenance agent
receives notification from the City.
18. Each Applicant of a wireless telecommunications facility shall provide the Public
Works Director with the name, address and 24-hour local or toll free contact
phone number of the permittee, the owner, the operator and the agent
responsible for the maintenance of the facility ("contact information"). Contact
information shall be updated within seven days of any change.
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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 listed
herein or in the RPVMC.
20. The Applicant shall provide additional information to establish that the proposed
accessory equipment is designed to be the smallest equipment technologically
feasible. The city may consider equipment installed or proposed to be installed in
other jurisdictions.
21. All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or
camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
• General dirt and grease;
• Chipped, faded, peeling, and cracked paint;
• Rust and corrosion;
• Cracks, dents, and discoloration;
• Missing, discolored or damaged artificial foliage or other camouflage;
• Graffiti, bills, stickers, advertisements, litter and debris;
• Broken and misshapen structural parts; and
• Any damage from any cause.
22. Applicant shall install, to the satisfaction of the Director of Public Works or the
Director of Community Development, landscaping near the area of the pole and
underground vault to minimize visual impacts prior to final inspection.
23. All trees, foliage or other landscaping elements approved as part of the facility
shall be maintained in good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or
decayed landscaping. No amendment to any approved landscaping plan may be
made until it is submitted to and approved by the Public Works Director or the
Director of Community Development.
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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 WTF
shall be valid for a period of ten years, unless pursuant to another provision of
the RPVMC or these Conditions of Approval, it lapses sooner or is revoked. At
the end of ten years from the date of issuance, such permit shall automatically
expire.
28. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the city's current code requirements
for WTFs.
29. A WTF is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days unless the permittee has obtained prior written approval from
the director which shall not be unreasonably denied. If there are two or more
users of a single facility, then this provision shall not become effective until all
users cease using the facility.
30. The operator of a facility shall notify the city in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten days of ceasing or abandoning use. Notwithstanding any other
provision herein, the operator of the facility shall provide written notice to the
director of any discontinuation of operations of 30 days or more.
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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:
• Litigation;
• Revocation or modification of the permit;
• Acting on any bond or other assurance required by this article or
conditions of approval of the permit;
• Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's expense; and/or
• Any other remedies permitted by law.
32. Upon the expiration date of the permit, including any extensions, earlier
termination or revocation of the permit or abandonment of the facility, the
permittee, owner or operator shall remove its WTF and restore the site to its
natural condition except for retaining the landscaping improvements and any
other improvements at the discretion of the city. Removal shall be in accordance
with proper health and safety requirements and all ordinances, rules, and
regulations of the City. The facility shall be removed from the property, at no cost
or expense to the City.
33. Failure of the permittee, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of
these conditions of approval. Upon a showing of good cause, an extension may
be granted by the director where circumstances are beyond the control of the
permittee after expiration. Further failure to abide by the timeline provided in this
section shall be grounds for:
• Prosecution;
• Acting on any security instrument required by the RPVMC or conditions of
approval of permit;
• Removal of the facilities by the city in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's expense; and/or
• Any other remedies permitted by law.
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34. In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately
without advance notice or a hearing. Written notice of the removal shall include
the basis for the removal and shall be served upon the permittee and person who
owns the facility within five business days of removal and all property removed
shall be preserved for the owner's pick-up as feasible. If the owner cannot be
identified following reasonable effort or if the owner fails to pick-up the property
within 60 days, the facility shall be treated as abandoned property.
35. In the event the City removes a facility in accordance with nuisance abatement
procedures or summary removal, any such removal shall be without any liability
to the city for any damage to such facility that may result from reasonable efforts
of removal. In addition to the procedures for recovering costs of nuisance
abatement, the city may collect such costs from the performance bond posted
and to the extent such costs exceed the amount of the performance bond, collect
those excess costs in accordance with the RPVMC. Unless otherwise provided
herein, the City has no obligation to store such facility. Neither the permittee,
owner nor operator shall have any claim if the city destroys any such facility not
timely removed by the Applicant, owner or operator after notice, or removed by
the City due to exigent circumstances.
36. Consistent with current state and federal laws and if permissible under the same,
at the time of modification of a WTF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other
impacts, including, but not limited to, undergrounding the equipment and
replacing larger, more visually intrusive facilities with smaller, less visually
intrusive facilities.
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