PC RES 2018-016 P. C. RESOLUTION NO. 2018-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING TO THE CITY
COUNCIL THE APPROVAL, WITH CONDITIONS, OF MAJOR
WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO.
33 TO ALLOW THE INSTALLATION OF AN ANTENNA ENCASED IN
A CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER
MOUNTED ON REPLACEMENT STREETLIGHT POLE NOT TO
EXCEED 36' IN TOTAL HEIGHT WITH RELATED VAULTED
MECHANICAL EQUIPMENT AT THE SOUTHWEST INTERSECTION
OF HAWTHORNE BOULEVARD AND LOS VERDES DRIVE
WHEREAS, Chapter 12.18 of the Rancho Palo Verde Municipal Code (RPVMC or
Municipal Code) governs the permitting, development, siting, installation, design,
operation and maintenance of wireless telecommunications facilities ("WTFs") in the city's
public right-of-way ("PROW") (RPVMC § 12.18.010);
WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to
the City for an Wireless Telecommunications Facility Permit ("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. 33
("Project") across from property located at 6480 Chartres Drive in the midst of a residential
neighborhood;
WHEREAS, the Project called for the installation of two 21.4"panel antennas on a
new 14' tall steel pole in a neighborhood with no utility poles;
WHEREAS, on July 25, 2017, the Planning Commission held a duly noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence;
WHEREAS, on July 25, 2017, the Planning Commission continued the public
hearing to August 8, 2017;
WHEREAS, on August 8, 2017, the Planning Commission continued the public
hearing to August 22, 2017;
WHEREAS, an alternative proposal called for a replacement 14' tall stop sign pole
measuring 12" in diameter with a 3.5' tall and 2' diameter canister encasing the antennas
at the top of the pole located at the intersection of Chartres Drive and Cartier Drive;
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WHEREAS, because the Project's location was within a residential zone and within
the PROW of local streets as identified in the General Plan, approval of a WTFP also
required an exception under Section 12.18.190 of the Municipal Code;
WHEREAS, the Project was found to be exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constituted a small scale
installation of new a new facility (14 CCR § 15303(d));
WHEREAS, on August 22, 2017 after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff
Reports, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes moved to deny, without prejudice, ASG No. 33, on a vote of 4-0
(Commissioners Leon and Tomblin, and Vice Chairman James were absent);
WHEREAS, on September 14, 2017, a timely appeal of the denial was filed by the
Applicant for an appeal to the City Council;
WHEREAS, on November 15, 2017, a public notice of the appeal 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 also published in the Palos Verdes 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 on the appeal, at which time all interested parties were given an opportunity to
be heard and present evidence. At this meeting, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining jurisdiction over
the appeal in order to allow the Planning Commission the opportunity to weigh in on the
revised design options presented to the City Council, and directed the Appellant to
explore locating the facility along Hawthorne Boulevard near one of the three entrances
to the Monaco neighborhood and to present the results of the analysis to the Planning
Commission;
WHEREAS, on January 11, 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 a
notification was sent to list-serve subscribers, announcing the January 30, 2018 Planning
Commission meeting;
WHEREAS, on January 30, 2018, the Planning Commission conducted a public
hearing on the revised design options and the latest RF analysis that was updated based
on the Council's direction to consider locating the facility along Hawthorne Boulevard near
the three entrances to the Monaco neighborhood. After considering the information
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presented, the Planning Commission directed the Applicant to explore splitting the
proposed wireless facility into two separate wireless facilities within the neighborhood
rather than the one wireless facility proposed at the intersection of Chartres Drive and
Cartier Drive, in addition to consider locating the wireless facility on Hawthorne Blvd., and
continued the public hearing to March 13, 2018;
WHEREAS, on February 15, 2018, the City Council, who was scheduled to
consider the Commission's recommendation at this meeting, continued the matter to a
date uncertain while continuing to maintain jurisdiction in order to allow the Applicant to
continue exploring alternative locations for further review by the Planning Commission;
WHEREAS, on March 13, 2018, the Planning Commission conducted the
continued public hearing at which time Staff reported on the ongoing efforts to identify an
alternative location within the Monaco Tract, and indicated that pursuant to Commission
and Council direction, the Applicant had identified an existing streetlight pole at the
intersection of Hawthorne Boulevard and Los Verdes Drive that meets their coverage
objective. In light of this, at the Applicant's request, the public hearing was continued to a
date uncertain to allow the Applicant additional time to proceed with the mock-up and
public notification process for the alternative location at the intersection of Hawthorne
Boulevard and Los Verdes Drive;
WHEREAS, on April 19, 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,
announcing that a public hearing on the proposed facility is scheduled to occur on
Tuesday, May 8, 2018;
WHEREAS, on May 8, 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 at the southwest intersection of Hawthorne Boulevard and Los
Verdes Drive,
B. Decommission and remove an existing 28'-5" tall streetlight pole with a mast arm
and luminaire to be replaced with a 36' tall streetlight pole, as measured to the top
of the antenna canister measuring 2' tall and 14.6" in diameter, and
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C. Install vaulted underground mechanical equipment in the PROW.
Section 2: Approval of a WTFP is warranted because the Project meets the
findings required by Section 12.18.090 of the Municipal Code:
A. All notices required for the proposed installation have been given.
On April 19, 2018, a new public notice was published in the Palos Verdes Peninsula
News, and a public notice was mailed to property owners within a 500' radius of the
subject site announcing the May 8, 2018 public hearing and inviting public comments
on the proposed facility. 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. The Applicant notified the City 20 days prior to the expiration of the shot
clock for this application, which was April 30, 2018. On April 30, 2018, the Applicant
provided the City with a Shot Clock Tolling Agreement (See Attachment)
establishing a new expiration date of July 30, 2018
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 Project employs screening and a camouflage design with the use of a canister
shroud measuring 2' tall and 14.6" in diameter that will be mounted to the top of a
replacement streetlight pole that is conditioned not to exceed a total height of 36' as
measured from grade to the top of the canister. The wireless facility will not be placed
in front of homes or adjacent to side or rear yards of residences, and will not create
potential view and visual impacts. All cabling will be obscured by the use of clips or
the like, and screened by the canister. The light standard will match the
decommissioned light standard and those in the immediate area. All of the related
mechanical equipment will be undergrounded in three vaults. The Project will not
have any significant view impairment to surrounding properties pursuant to Chapter
17.02.040 of the RPVMC. In terms of cumulative visual or view impacts, a significant
view impairment will not occur if other streetlight poles in this location of the City were
replaced to accommodate a similar WTF.
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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 affixed to a replacement street light pole that matches
other street light poles located along Hawthorne Blvd. in terms of color, size,
proportion, style, and quality. The canister will be painted a concrete color to match
the light pole. All cables and wires will be routed directly into the pole with no loops
or exposed cables, and all cables will be clipped at the antenna-meeting point and
contained within the canister and the shroud that connects the canister to the top of
the pole.
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 nor will create a significant view impairment from the public view corridor
located along Hawthorne Blvd., as identified in the City's General 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 proposed Project involves a replacement streetlight pole with the installation of
antennas encased in a canister shroud that will be mounted to the top of a
replacement streetlight pole. No portion of the antenna will be over the drivable road
and the height of the replacement streetlight pole will not distract motorists or
pedestrians. Additionally, the related mechanical equipment will be vaulted
underground to avoid traffic safety impacts.
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and non-
reflective materials that blend with the materials and colors of the surrounding area
and structures.
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The proposed replacement streetlight pole will consist of a color and material that is
subdued and non-reflective. Further, it will be the same as the existing streetlight
pole and other streetlight poles in the general area.
12.18.080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this section,
antennas shall be situated as close to the ground as possible.
The Project includes the installation of antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter to the top of a replacement streetlight pole
that will not exceed a maximum height of 36', as measured to the top of the canister,
with mechanical equipment that will be vaulted within the parkway. The canister
would be visible to the public, but it screens the antenna and cables from the public's
view. In order to accommodate additional antennas, the height of the streetlight pole
would have to be increased by approximately 5' to accommodate collocation
because of the size of the panel antennas combined with there being a need to
provide a separation of at least 1' between antenna panels for functionality purposes.
The design does not preclude the possibility of collocation by the same or other
operators or carriers but it may not always minimize visual impact.
12.18.080(A)(6)(a): Facilities shall be located consistent with Section 12.18.200
(Location Restrictions) unless an exception pursuant to Section 12.18.190
(Exceptions) is granted.
The proposed location is within the PROW of an arterial street as identified in the
City's General Plan. As such, an exception is not required in this case.
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 (t) are not applicable.
The proposal meets this finding because it involves a replacement streetlight 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
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or equipment mounted on a pole shall be no less than 16% feet above any drivable
road surface.
The antennas are not proposed to be installed on an existing streetlight pole but
rather on a replacement light pole. The height of the antennas will be approximately
2' above the height of the new streetlight pole. No portion of the antenna or
equipment is less than 16W above the drivable road surface.
12.18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The proposed replacement streetlight pole will match the appearance, in terms of
color, size and dimensions of the existing pole and all other streetlight poles in the
immediate area. The replacement pole will be approximately 5' taller than the
existing pole and other poles on the street, but will continue to resemble the existing
pole in terms of size, color, and materials.
12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
There will not be pole mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted underground.
12.18.080(A)(6)0): 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 conditioned to be short, encased in the canister and the
shroud, and directly routed to the pole in order to be hidden from view with no loops,
exposed cables, splitters or unsightly wires.
12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
The replacement streetlight pole is similar in dimension to the existing streetlight pole
and is approximately 5' taller than the existing pole measured to the base of the
canister to accommodate the 2' tall canister and the tapered shroud. The placement
of the antennas within the canister will occupy limited air space above the right-of-
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way. The supporting mechanical equipment will be undergrounded within a vault
necessary to house the equipment. This space is the least amount of space that is
technically feasible for equipment owned by AT&T.
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, the Planning Commission finds
that the proposed installation complies with all building codes related to wind loads.
12.18.080(A)(9): Obstructions. Each component part of a facility shall be located so
as not to cause any physical or visual obstruction to pedestrian or vehicular traffic,
incommode the public's use of the right-of-way, or safety hazards to pedestrians and
motorists and in compliance with Section 17.48.070 (Intersection Visibility) so as not
to obstruct the intersection visibility triangle.
The 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 replacement streetlight pole provides the same lighting,
and setback parameters applicable to other streetlight poles, 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 installation, including the undergrounding of the mechanical equipment, will not
interfere with fire hydrants, fire stations, water lines or any other public health or
safety facilities as determined by the Public Works Department. Furthermore, part
of the plan check review process and site inspections, Public Works staff will ensure
that the Project will not interfere with any of the stated utilities.
12.18.080(A)(11): Screening. All ground-mounted facility, pole-mounted equipment,
or walls, fences, landscaping or other screening methods shall be installed at least
18 inches from the curb and gutter flow line.
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The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment will be undergrounded.
12.18.080(A)(12): Accessory Equipment. Accessory Equipment. Not including the
electric meter, all accessory equipment shall be located underground, except as
provided below.
The related accessory equipment, including the meter, will be located underground.
12.18.080(A)(13): Landscaping. Where appropriate, each facility shall be installed
so as to maintain and enhance existing landscaping on the site, including trees,
foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained
by applicant where such landscaping is deemed necessary by the city to provide
screening or to conceal the facility.
Conditions have been added requiring the installation of landscaping within parkway
to help soften, as well as screen, the appearance of the Project.
12.18.080(A)(14): Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law or permitted by the
city.
The 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 other than the luminaire on the light
pole.
C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
This finding is not applicable as the proposed WTF antenna is proposed to be
installed on a replacement streetlight pole that's currently an existing infrastructure.
D. The Applicant has provided sufficient evidence supporting the Applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
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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.
Ten alternative locations including the original location at Cartier Drive and
Chartres Drive, were studied. Many of these locations were not viable and a few
others required poles to be 65' to 85' in height. The proposed location is now on
a major arterial which meets the objective of the Code to avoid local residential
streets. This new location is set back from nearby residences and is the least
intrusive means compared to the alternatives that are within residential
neighborhoods with no existing appropriate vertical infrastructure that can
accommodate the facility.
There is technology that is possible to use to reduce the size of the antenna, but
that would require a greater number of facilities, including the introduction of new
pole structures, throughout the community to provide the Applicant's coverage and
capacity objective. The supporting mechanical equipment will be vaulted meeting
the objective of installing the least intrusive facility. Other locations and designs
considered for purposes of filling the coverage gap claimed by the Applicant will
be more intrusive than the Project because:
• The location utilizes an existing or replacement pole as opposed to
installing a new pole.
• The location is preferred to the Applicant's original location because it is
further away from houses, located on an arterial street, involves a
replacement streetlight pole, and is located adjacent to tall mature trees
and existing buildings.
• A smaller or lower pole could be utilized, but it would require a multiplicity
of wireless poles in the coverage area as claimed by the Applicant and
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discussed by the City's RF Consultant, as opposed to having one AT&T
WTF in this area.
• Staff looked at other design options from other(non-AT&T) carriers. While
some carriers offer antenna panels that may be smaller in overall size,
such designs from other carriers are not engineered to carry the
bandwidths owned by AT&T.
Section 3: Conditions regarding any of the requirements listed above which the
Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been included in the attached Exhibit A
Section 4: The Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small scale
installation of new a new facility (14 CCR § 15303(d)).
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally recommends that
the City Council approve the WTFP application for the proposed installation at the
southwest intersection of Hawthorne Boulevard and Los Verdes Drive (ASG NO. 33).
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PASSED, APPROVED AND ADOPTED this 8th day of May 2018, by the
following vote:
AYES: COMMISSIONERS LEON, NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
RECUSALS: NONE
ABSTENTIONS: NONE
ABSENT: NONE
William J. me
Chairman
Ara Mihranian, CP
Community Development Director; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 33
HAWTHORNE BOULEVARD
AT THE INTERSECTION OF LOS VERDES DRIVE
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the street
light pole, the Applicant and the property owner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all conditions
of approval contained in this Resolution. Failure to provide said written statement
within ninety (90) days following the date of this approval shall render this approval
null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the Project.
3. Prior to conducting any work in the public right of way (PROW), such as for curb
cuts, dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as would
strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the Project shall require approval of a revision by the final
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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 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.
12. Prior to commencement work, the Applicant shall obtain approval of a haul route,
if applicable, from the Director of Public Works.
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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 southwest intersection of Hawthorne Boulevard and
Los Verdes Drive,
B. Decommission and remove an existing 28'-5"tall streetlight pole with a mast
arm and luminaire to be replaced with a 36'tall streetlight pole, as measured
to the top of the canister, with an antenna encased in a canister measuring
2' tall and 14.6" in diameter,
C. Install vaulted underground mechanical equipment in the PROW.
17. The proposed Project is subject to the following Conditions to the satisfaction of
the Director of Public Works and the Director of Community Development:
o The proposed WTF shall be installed on a replacement streetlight pole that
shall match other light standards in the area in terms of color, size,
proportion, style, and quality. The canister and canister shroud shall be
professionally painted and maintained to match the streetlight pole and
other streetlight poles located along Hawthorne Blvd.
o The Applicant shall install landscaping in the parkway near the proposed
installation to screen the equipment consistent with existing landscaping.
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.
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o Colors and materials shall be subdued and non-reflective, and shall be the
same as the existing light standard and other lights standards in the nearby
area.
o All cables and wires shall be directly routed to the pole and encased within
the pole and shroud, and hidden from view. No loops, exposed cables,
splitters or unsightly wires shall be permitted.
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 vault cover shall be painted green to match the ground covering in the
parkway.
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,
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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.
18. 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.
19 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
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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.
20 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.
21 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.
22 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.
23 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.
24 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
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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.
25 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.
26 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.
27 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.
28 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.
29 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.
30 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.
31 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
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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.
32 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.
33 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.
34 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;
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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.
35 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.
36 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.
37 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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