PC RES 2018-017 P.C. RESOLUTION NO. 2018-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING THAT THE
CITY COUNCIL APPROVE, WITH CONDITIONS, MAJOR
WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG
NO. 48 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 40.5' TALL WOOD UTILITY POLE WITH RELATED
VAULTED MECHANICAL EQUIPMENT AT THE TERMINUS OF
MOSSBANK DRIVE WEST OF BASSWOOD AVENUE.
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. 48 located at the terminus of(lower) Mossbank Drive west of Basswood Avenue;
WHEREAS, the original proposal called for the installation of two 24" panel
antennas mounted on a 26' tall replacement street light pole at the corner of Basswood
Avenue and Mossbank Drive. The radio equipment and power meter were to be placed
on the ground adjacent to the street light pole, consisting of 9.7 cubic feet of equipment
boxes in the PROW;
WHEREAS, a revised proposal called for the installation of two 23.1" panel
antennas mounted on a cross extension arm, placed at a height of 27' from the ground,
on the existing 40.5' tall wood utility pole with pole mounted mechanical equipment;
WHEREAS, the project was further revised for the installation of two 21.4" panel
antennas, encased in a 2' tall canister shroud on the existing 40.5' tall utility pole;
WHEREAS, the revised Project also includes vaulted underground mechanical
equipment including the radio and auxiliary equipment measuring approximately 43
square feet and within 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;
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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)); and
WHEREAS, on September 26, 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, and, at the request of the Applicant, continued the public hearing
to October 24, 2017;
WHEREAS, on October 24, 2017, the Planning Commission held the duly noticed
continued public hearing, at which time all interested parties were given an opportunity to
be heard and present evidence and 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
moved to deny, without prejudice, ASG No. 48, on a vote of 6-0 (Commissioner Bradley
was absent);
WHEREAS, on November 8, 2017, a timely appeal of the denial was filed by the
Applicant for an appeal to the City Council;
WHEREAS, on February 6, 2018, the City Council voted to refer the Project back
to the Planning Commission for reconsideration while maintaining its final decision-
making jurisdiction over the appeal application in order to allow the Planning Commission
the opportunity to weigh in on the design options presented to the City Council, and to
consider alternative locations proposed by the Applicant;
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. The Planning Commission continued the public hearing to June 12,
2018, to provide the City's RF Consultant additional time to conduct an updated coverage
analysis;
WHEREAS, on May 24, 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, June 12, 2018; and,
WHEREAS, on June 12, 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 projectis a request to:
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A. Install a WTF at the terminus of (lower) Mossbank Drive west of Basswood
Avenue;
B. 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 40.5' tall wood
utility pole approximately 25' from the ground level; and
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.
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' of the proposed WTF and was
published in the Palos Verdes Peninsula News. 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. Further, on May 24, 2018, an
additional public notice announcing the June 12, 2018, public hearing was provided
to property owners within 500' of the proposed WTF and was also published in the
Palos Verdes Peninsula News.
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 proposed WTF is located on an existing 40.5' tall wood utility pole that carry
power and cable lines. The panel antennas will be encased in a 2' tall canister,
measuring 14.6" in diameter minimizing its visual intrusion to the environment. The
canister shroud will blend into the environment that consists of utility poles, power
lines, and cable lines along the rear yards of the properties located on Basswood
Avenue. The area also contains mature foliage that screens the views of the utility
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poles from residences. The WTF will not dominate the surrounding area because
of the existing vertical infrastructure and the relatively small size of the canister.
The mechanical equipment, including vents and meters, will be in an underground
vault measuring approximately 43 square feet in surface area vaulted, including the
radio and auxiliary equipment.
The design would not have any significant view impairment to the surrounding area.
This design is preferred to avoid the installation on a replacement streetlight pole
(original project) in the midst of a residential area visible to many more motorists
and pedestrians. The proposed installation will not have any significant view
impairment to surrounding properties pursuant to Chapter 17.02.040 of the RPVMC
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 proposed antennas and canister shroud will be located on an existing 40.5' tall
utility pole, with mast and service arms that carry power and cable lines. The
canister shroud encasing the antennas will be painted Mission brown to match other
utility poles in the area, as well as the existing improvements on the utility pole. The
cylinder shaped shroud encasing the antennas and wires affixed to the utility pole
is an appropriate technique that disguises and blends the facility into the
environment (blending with the pole and other poles in the area). According to the
Applicant, the proposed canister is the slimmest design available, as such, it
minimizes the facility's visual impacts and is more compatible with the surrounding
environment in terms of size, proportion and color.
12.18.080(A)(1)(c): Facilities shall be located such that views from a residential
structure are not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's general
plan, so that no significant view impairment results in accordance with this code
including Section 17.02.040 (View Preservation and Restoration). This provision
shall be applied consistent with local, state and federal law.
The design would not significantly impair any public or private views, and the site
is not located in a view corridor identified in the City's General Plan or Coastal
Specific Plan.
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12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts to traffic safety.
The Project is designed to avoid adverse traffic impacts by affixing the antennas
and the canister shroud to an existing wood utility street pole with the bottom of the
antenna canister shroud measuring approximately 25' from the ground. The wireless
facility is located at the terminus of a cul-de-sac that extends approximately 150'from
the Basswood Drive and Mossbank Drive intersection. The related mechanical
equipment will be vaulted underground in the street 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 canister shroud that will house the antennas and the associated mast arm will
be professionally painted with non-reflective Mission brown paint that will 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 Project will be located on an existing 40.5' tall utility pole with mast and service
arms that carry power and cable lines along. The antennas 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 25' above the ground level below which is the lowest to the ground
to meet the Applicant's coverage objective. Locating the antenna canister on the
mast arm will not preclude possible future collocation by the same or 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 recommends that an
Exception be made by the City Council 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
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permitted that are not replacing an existing pole. (For exceptions see subparagraph
(6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220 (State or Federal
Law).) Sections 12.18.080(6)(c) through (f) are not applicable.
The proposed WTF will be located in the PROW and will be pole mounted to an
existing utility pole.
12.18.080(A)(6)(c): Utility Poles. The maximum height of any antenna shall not
exceed 48 inches above the height of an existing utility pole, nor shall any portion
of the antenna or equipment mounted on a pole be less than 24 feet above any
drivable road surface.
The proposed antenna canister shroud will not exceed 48"above the existing height
of the pole, and will be approximately 25' above the ground level. The proposed
antenna and canister shroud will not be above the drivable road surface.
12.18.080(A)(6)(d): Poles. The maximum height of any antenna shall not exceed
four feet above the existing height of a 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 proposed antenna canister shroud will not exceed 4' above the existing height
of the utility pole, and will be approximately 25' above the ground level. The antenna
canister shroud and the mast are not 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 project will be affixed to an existing wood utility pole.
12.18.080(A)(6)(fi): 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 in the street.
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12.18.080(A)(6)(h): An exception shall be required to place a new pole in the public
right-of-way. If an exception is granted for placement of new poles in the right-of-
way.
No exception finding is required for a new pole because the project utilizes an
existing wood utility pole.
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. For all wooden poles wherein interior
installation is infeasible, conduit and cables attached to the exterior of poles shall
be mounted flush thereto and painted to match the pole.
Interior installation is infeasible as the WTF will utilize an existing wood utility pole.
All conduit and cabling is to be flush mounted to the pole and professionally painted
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 will be mounted to an existing wood utility pole. The related mechanical
equipment (radio units and meter) will be vaulted in the street measuring
approximately 43 square feet in area. This space is the least amount of space that
is technically feasible for vaulted equipment owned by AT&T. The space that will
be occupied is below the surface with minimum exhaust vents that will be flush to
the surrounding ground.
12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to
withstand wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact of
modification of an existing facility.
The 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 proposed wireless telecommunication facility installation would not cause an
obstruction to the public's use of the PROW, constitute a safety hazard and/or
interfere with a City-defined intersection visibility triangle because the bottom of the
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proposed antenna canister shroud will be located approximately 25' above the
ground level, not over the drivable portion of the street, and the related mechanical
equipment will be placed underground in the street.
12.18.080(A)(10): Public Facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure, or any other public
health or safety facility.
The proposed installation, including the undergrounding of the mechanical
equipment, will not interfere with fire hydrants, fire stations, water lines or any other
public health or safety facilities. Furthermore, part of the plan check review process
and site inspections, Public Works staff will ensure that the Project will not interfere
with any of the stated utilities.
12.18.080(A)(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 and
the support mast arms. The related mechanical equipment will be vaulted and set
back at 18" from the curb.
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 vaulted.
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.
Landscaping will be provided around the pole and vaulted mechanical equipment
to minimize its visual appearance from pedestrians and motorists.
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.
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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 lighting.
C. If applicable, the applicant has demonstrated its inability to locate on existing
infrastructure.
Not applicable since the antennas will be located on an existing utility pole and the
related mechanical equipment will be undergrounded.
D. The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
federal law, or the applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right-of-Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission (CPUC) which provides that the Applicant has been authorized to
install wireless telecommunications infrastructure in the PROW.
E. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis to
show that all alternative locations and designs identified in the application
review process were technically infeasible or not available.
Alternative locations were identified in the application review process. The revised
design, which includes the installation of antennas encased in a 2' tall and 14.6" in
diameter canister shroud mounted on a 4' mast arm, extending from the existing
40.5' tall wood utility pole with the bottom of the antennas/canister measuring 25'
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.
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Other locations and designs, considered as part of the application process for
purposes of filling the coverage gap claimed by the Applicant, were found to be
more intrusive then the proposed Project 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 ROW of local streets as identified in the General Plan, approval of a MajorWTFP 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 in the general area of
the intersection of Mossbank Drive and Basswood Avenue. This application
information was provided to the City's RF Consultant who reviewed the information,
as well as conducted both on-site walkout 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 proposal as provided will address
coverage deficiencies within the target area. The Applicant has provided engineering
details related to the wireless bands that will be used for the DAS deployment,
including identifying transmitting equipment, power levels for each band and specifics
regarding the radiation patterns of the antennas to be installed. Crown Castle has
provided engineering measurement data defining gaps in AT&T coverage in areas.
This has been independently examined and affirmed by the City's RF Consultant on
May 22, 2018 by on-site measurements who determined that the signal levels are
less than adequate than industry guidelines suggested support modern 3G/4G
customer needs.
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.
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The Applicant has provided comparative analysis for possible similar small cell nodes
(antennas) at the following 4 alternative locations:
• Alternative A—is original location at the north corner of Basswood Avenue and
Mossbank Drive, adjacent to 26759 Basswood Avenue involving a
replacement street light pole.
• Alternative C -.is proposed as an installation on a streetlight replacement pole
on the west side of Basswood Drive, approximately 245 north of the
intersection of Mossbank Drive and Basswood Drive.
• Alternative D— is proposed as an installation on a streetlight replacement pole
south side of Mossbank Drive, approximately 160 feet southwest of the
intersection of Mossbank Drive and Basswood Drive.
• Alternative E — is proposed as an installation on an existing 29' 9" tall utility
pole approximately 100' north of Littlebow Road on the east side of Basswood
Avenue
The alternative locations described above would be more noticeable than the current
Primary location which allows the wireless facility to better blend with the existing
wood utility pole and is least intrusive to the rest of the neighborhood at the terminus
of Mossbank Drive at the toe of a large hillside. The Applicant has provided
comparative analysis of these locations. All the alternative sites meet the RF
coverage objective as confirmed by the City's RF Consultant. The alternative site
analysis demonstrates that subject location is the preferred location and is likely
the least intrusive location for the wireless telecommunications facility in the
immediate area. There are no major collector or arterial streets in the immediate
area.
4. The applicant has provided the city with a meaningful comparative analysis
that includes the factual reasons why the proposed location and design is the
least noncompliant location and design necessary to reasonably achieve the
applicant's reasonable technical service objectives.
The Applicant has provided a meaningful alternative comparative analysis and the
proposed project is found to be the preferred design.
Section 4: 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 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)).
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Section 6: 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 and an exception for the proposed
installation at the terminus of Mossbank Drive, west of Basswood Avenue (ASG NO. 48).
PASSED, APPROVED AND ADOPTED this 12th day of June 2018, by the following vote:
AYES: COMMISSIONERS NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER LEON
21/
72,r„......
William J. Ja es
Chairman
Ara Mihrania Ale
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2018-17
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 48
TERMINUS OF MOSSBANK DRIVE WEST OF BASSWOOD AVENUE
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the WTF,
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
body that approved the original project, which may require new and separate
environmental review.
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6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the RPVMC.
7. If the Applicant has not obtained approvals from Public Works for the approved
project or not commenced the approved project within one year of the final effective
date of this Resolution, approval of the project shall expire and be of no further
effect unless, prior to expiration, a written request for extension is filed with the
Public Works Department and approved by the Director.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM 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 7:00 AM Monday through Friday
and before 9:00 AM 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
debris resulting from a construction, alteration or repair project shall be removed
on a weekly basis by the contractor or property owner.
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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 allows for the following:
A. Install a WTF at the terminus of Mossbank Drive, west of Basswood Avenue
adjacent to 26803 Basswood Avenue,
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 40.5' tall
wood utility street pole approximately 25' from the ground level that shall be
rotated to minimize visual impacts to the adjacent property, and,
C. Install mechanical equipment in an underground vault in the street measuring
approximately 43 square feet in surface area including the radio and auxiliary
• equipment.
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:
o The antenna shroud and any related exposed structures shall be
professionally painted Mission brown and maintained to match the utility
pole.
o The facility shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety; construction and operation of the facility
shall comport with a duly-approved traffic control plan as required.
o Colors and materials shall be subdued and non-reflective, and shall be the
same as the existing utility pole.
o All cables and wires attached to the exterior of the wooden pole shall be
mounted flush in a conduit that is professionally painted Mission brown to
match the pole. Cables to antennas shall be clipped-up to prevent visible
hanging.
o All ground-mounted facilities including 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.
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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 in order
to provide screening or to conceal the facility. Said planting shall be at
height that adequately screens the wireless facility and its related
equipment as determined by the Director of Community Development.
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. 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
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 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.
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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 Applicant, owner, operator or any designated
maintenance agent within 48 hours:
o After discovery of the need by the Applicant, owner, operator or any
designated maintenance agent; or
o 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 Applicant, the owner, the operator and the agent responsible for the
maintenance of the facility ("contact information"). Contact information shall be
updated within seven days of any change.
19. Prior to any construction activities, the Applicant 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:
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;
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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, drought tolerant landscaping near the proposed
installation of the vaulted accessory equipment to screen the equipment consistent
with existing landscaping prior to final inspection.
23. All trees, foliage or other landscaping elements approved as part of the facility shall
be maintained in good condition at all times, and the Applicant, owner and operator
of the facility shall be responsible for replacing any damaged, dead or decayed
landscaping. No amendment to any approved landscaping plan may be made until
it is submitted to and approved by the Public Works Director or the Director of
Community Development.
24. The Applicant shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was in
at the time of installation.
25. Each facility shall be operated and maintained to comply with all conditions of
approval. Each owner or operator of a facility shall routinely inspect each site to
ensure compliance with the same and the standards set forth in the RPVMC.
26. No person shall install, use or maintain any facility which in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety of persons
or property, or when such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or when such facility
unreasonably interferes with or unreasonably impedes the flow of pedestrian or
vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street
furniture or other objects permitted at or near said location.
27. Unless California Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless pursuant
to another provision of the RPVMC or these Conditions of Approval, it lapses
sooner or is revoked. At the end of ten years from the date of issuance, such permit
shall automatically expire.
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28. A Applicant 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 Applicant 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.
31. Failure to inform the Director of cessation or discontinuation of operations of any
existing facility as required by this section shall constitute a violation of any
approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by 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 RVPMC for abatement of a public nuisance at the
owner's expense; and/or
e. Any other remedies permitted by law.
32. Upon the expiration date of the permit, including any extensions, earlier termination
or revocation of the permit or abandonment of the facility, the Applicant, 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 Applicant, 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
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granted by the Public Works Director where circumstances are beyond the control
of the Applicant after expiration. Further failure to abide by the timeline provided in
this section shall be grounds for:
a. Prosecution;
b. Acting on any security instrument required by the RPVMC or conditions of
approval of permit;
c. Removal of the facilities by the city in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's expense; and/or
d. Any other remedies permitted by law.
34. In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately without
advance notice or a hearing. Written notice of the removal shall include the basis
for the removal and shall be served upon the Applicant 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 Applicant, 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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