PC RES 2018-018 P. C. RESOLUTION NO. 2018-18
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.
36 TO ALLOW THE INSTALLATION OF ANTENNAS ENCASED IN A
CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER TO A
REPLACEMENT STREELIGHT POLE MEASURING 37' TALL WITH
THE LUMINAIRE MAST ARM REMAINING AT ITS CURRENT
HEIGHT AND WITH RELATED VAULTED MECHANICAL
EQUIPMENT ADJACENT TO 28716 CIRCLET 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. 36
("Project") across from property located at 28907 Doverridge Drive in a residential
neighborhood;
WHEREAS, the Project called for the installation of new free standing pole with
two 21.4" panel antennas on a new 26' tall steel pole in a location directly visible from the
neighborhood residences;
WHEREAS, on September 28, 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 September 28, 2017, the Planning Commission continued the
public hearing to October 24, 2017;
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 RPVMC;
WHEREAS, the Project was found to be exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constituted a small scale
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installation of new a new facility (14 CCR § 15303(d));
WHEREAS, on October 24, 2017, after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff
Reports, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes moved to deny, without prejudice, ASG No. 36, on a vote of 7-0;
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 January 18, 2018, a public notice of the appeal 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 RPVMC. A notification was also
sent to list-serve subscribers;
WHEREAS, on February 6, 2018, 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 and consider new location options;
WHEREAS, on May 4, 2018, the Applicant submitted new plans proposing to
locate the wireless facility on a replacement streetlight pole located on Circlet Drive,
located approximately 650' northeast of the original location on a different street;
WHEREAS, on May 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 RPVMC, and a notification was sent to list-serve
subscribers, announcing the June 12, 2018, Planning Commission meeting;
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 Project is a request to:
A. Install a WTF adjacent to 28716 Circlet Drive,
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B. Decommission an existing 26'-6" tall streetlight pole with a replacement 37' tall
streetlight pole, as measured to the top pole, with antennas encased in a canister
shroud measuring 2' tall and 14.6" in diameter,
C. Maintain the height of the existing luminaire mast arm, and
D. 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
May 11, 2018, a mock-up notice was issued to property owners within 500' of the
proposed facility which occurred at least 30 days in advance of the public hearing.
Further, on May 24, 2018, a new public notice announcing the June 12, 2018 public
hearing was provided to property owners within 500' of the proposed WTF and
published in the Palos Verdes Peninsula News. On April 26, 2018, the Applicant
provided the City with a Shot Clock Tolling Agreement (see attachment)
establishing a new Shot Clock Expiration date of June 25, 2018. Accordingly, all
notice requirements have been met.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
12.18.080(A)(1)(a): The Applicant shall employ screening, undergrounding and
camouflage design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually screened
as possible, to prevent the facility from dominating the surrounding area and to
minimize significant view impacts from surrounding properties all in a manner that
achieves compatibility with the community and in compliance with Section 17.02.040
(View Preservation and Restoration) of this code.
As conditioned, 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 and the area also contains mature foliage
that screens the view of the streetlight pole 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 replacement
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streetlight pole will not exceed 37' as measured from grade to the top of the pole.
Although the replacement streetlight pole will be taller than the existing pole, the
luminaire mast arm will be maintained at its current height and the project location
is not in front of homes and will not create view or visual impacts. All cabling will be
obscured by the use of clips or the like. The streetlight pole will match the
decommissioned light standard and those in the immediate area. The Project will
not have any significant view impairment to surrounding properties pursuant to
Chapter 17.02.040 of the RPVMC.
12.18.080(A)(1)(b): Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage, disguise,
and/or blend into the environment, including landscaping, color, and other techniques
to minimize the facility's visual impact as well as be compatible with the architectural
character of the surrounding buildings or structures in terms of color, size, proportion,
style, and quality.
The proposed canister shroud will be located on a replacement streetlight pole.
The canister shroud encasing the antennas will be painted to match other streetlight
poles in the area. The cylinder shaped shroud encasing the antennas and wires
affixed to the 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. Further, tall, mature trees and
vegetation directly surrounding the light standard substantially screen the facility
from most viewpoint angles.
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 surrounding
properties. Further, tall, mature trees and vegetation directly surrounding the light
standard substantially screen the facility from most viewpoint angles, particularly
residential views.
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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 involves a replacement streetlight pole to accommodate the installation
of antennas that will not be over the drivable road. 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.
The proposed replacement streetlight pole will consist of a color (concrete) 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 immediate area.
12.18.080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this section,
antennas shall be situated as close to the ground as possible.
The antennas would be encased in a 2' tall and 14.6" in diameter canister shroud to
the top of a replacement streetlight pole with mechanical equipment that will be
vaulted within the street. The cables will be housed inside the pole and maintained
out-of-view with the use of clips or the like. In order to accommodate additional
antennas as a collocation site, the height of the street pole would have to be
increased by approximately 5' 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 minimize the
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 local residential streets as identified in
the City's General Plan triggering the Findings for an Exception.
12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
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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
or equipment mounted on a pole shall be no less than 16% feet above any drivable
road surface.
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 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.
12.18.080(A)(6)(0: Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
There will be no pole mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted underground.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or hidden
to the fullest extent feasible.
All cables and wires will be routed directly into the pole with no loops or exposed
cables, and all cables will be clipped-up at the antenna.
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.
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The placement of the antennas on the side of the pole will occupy limited air space
above the right-of-way. The supporting mechanical equipment will be undergrounded
and the vault necessary to house the equipment measures approximately 43 square
feet of total surface area. This space is the least amount of space that is technically
feasible for equipment owned by AT&T. Furthermore, 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 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.
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12.18.080(A)(11): Screening. All ground-mounted facility, pole-mounted equipment,
or walls, fences, landscaping or other screening methods shall be installed at least
18 inches from the curb and gutter flow line.
The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment 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.
The replacement pole and the vault are located on a sidewalk, and landscaping
will not be necessary.
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
streetlight pole, which the luminaire mast arm will be maintained at the existing
height.
C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
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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
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 including the original location on Doverridge Drive were
studied, and many of these locations are far more visible and are in front of
residences. When compared to the alternative locations, the subject site is the
least visible in part because of tall mature trees. There are alternative antennas
available but, according to the Applicant, and as confirmed by the City's RF
Consultant, would require a greater number of facilities throughout the
community to provide equal coverage and capacity. This may require the
introduction of new pole structures where there are no streetlights or utility poles
and would likely require associated accessory equipment at every location. The
supporting mechanical equipment would be vaulted underground resulting in
meeting the objective of installing the least intrusive facility.
Other locations and designs, considered as part of the application process for
purposes of filling the coverage gap claimed by the Applicant, were found to be
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 is located within the PROW of a local residential
street as identified in the General Plan, approval of a WTFP also requires an exception
under Section 12.18.190 of the Municipal Code. The Project meets the findings for an
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exception as required by Section 12.18.190(B) of the Municipal Code
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii).
The WTF meets the definition of "personal wireless services facility" as defined by
the United States Code.
2. The applicant has provided the City with a clearly defined technical service
objective and a clearly defined potential site search area.
The "technical service objective" identified by the Applicant in all application
documents is the coverage of a "significant gap" in service. This application
information was provided to the City's RF Consultant who reviewed the information,
as well as conducted both on-site walkouts of the area and a computerized terrain
study to determine if the proposed site will address a coverage gap as identified in
the application. Based on the terrain profile characteristics and the field
measurement data provided by Crown Castle, the City's consultant concluded that
the recommended location will address coverage deficiencies within the target area.
Furthermore, according to the City's RF Consultant, 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.
However, information provided about existing and proposed coverage in the service
area for each of the three AT&T licensed wireless bands (700 MHz, PCS and AWS)
are less clearly defined; this is due to the terrain associated with the surrounding
landscape.
The consultant concluded that signal levels are lower than the levels industry
guidelines suggest to support modern 3G/4G customer needs. Notably, if
constructed, proposed revised ASG No. 36 will provide ample signal intensity to
support AT&T's 3G/4G wireless services in the target area.
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.
Every alternative site meets the RF coverage objective as confirmed by the City's RF
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Consultant. The alternative site analysis submitted by the Applicant demonstrates
that the project, as currently proposed, is likely the least intrusive location for the
wireless telecommunications facility in the immediate area. The original location,
along with the other alternatives are in densely developed residential neighborhood
and are more visible to pedestrians and motorists when compared to the proposed
location which is mostly hidden from because of the mature trees, adjacent slope
and the curvature of Shire Oaks Drive and Circlet Drive. The WTF is also being
proposed to be installed on a replacement streetlight pole that replaces existing
infrastructure. And while the proposed location is adjacent to a residential zone, the
proposed location does not interfere with any public or residential views.
Furthermore, because of the limited commercially zoned areas in the City and
limited collector or arterial streets, in order to provide coverage to the residential
areas of the City, it's necessary to locate within the right-of-way of local streets.
The City's technical consultants have reviewed the Applicant's documents and
support this conclusion.
4. The applicant has provided the city with a meaningful comparative analysis
that includes the factual reasons why the proposed location and design
deviates is the least noncompliant location and design necessary to
reasonably achieve the applicant's reasonable technical service objectives.
The Applicant has established, and the City's RF Consultant has confirmed, that to
meet its technical service objective, the proposed installation must be installed in a
residential zone. As the City consists primarily of residential zones, it's impossible
to avoid residential zones in order to effectively deploy an effective wireless network
in the area. Notably, the Applicant has provided a meaningful alternative
comparative analysis and the proposed Project is found to be the preferred design
by being installed on existing vertical infrastructure, adjacent to tall mature trees.
Section 4: Conditions regarding any of the requirements listed above which the
Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been included 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 new a new facility (14 CCR § 15303(d)).
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 for the proposed installation at adjacent
to 28716 Circlet Drive (ASG NO. 36).
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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
4/Z.
V ;1...
William J. Ja s
Chairman
Ara Mihranian,
Community Development Director; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 36
ADJACENT TO 28716 CIRCLET 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 adjacent to 28716 Circlet Drive,
B. Decommission an existing 26'-6" tall streetlight pole with a replacement 37'
tall streetlight pole, as measured to the top pole, with antennas encased in
a canister shroud measuring 2' tall and 14.6" in diameter,
C. Maintain the height of the existing luminaire mast arm, and
D. 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 antenna canister shroud shall be
professionally painted and maintained to match the streetlight pole and
other streetlight poles located in the vicinity.
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 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 gray to match the sidewalk color.
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, which the luminaire mast arm shall be maintained at the existing
height. All other illumination shall be restricted pursuant to RPVMC
§ 12.18.080(A)(15).
o Noise:
• Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00 p.m. and 7:00 a.m.
• At no time shall equipment noise from any facility exceed an exterior
noise level of 55 dBA three feet from the source of the noise if the
facility is located in the public right-of-way adjacent to a business,
commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any
property zoned residential or improved with a residential use, such
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
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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 Applicant, owner, operator or any designated
maintenance agent within 48 hours:
• After discovery of the need by the Applicant, owner, operator or any
designated maintenance agent; or
• After Applicant, owner, operator or any designated maintenance
agent receives notification from the City.
19 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.
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20 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 (including removal costs)
listed herein or in the RPVMC.
21 Prior to permit issuance, 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.
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 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.
24 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.
25 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
P.C. Resolution No. 2018-18
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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.
26 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.
27 An 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.
28 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 of Public Works, which shall not be unreasonably denied.
29 The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites)
within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of
Public Works any discontinuation of operations of 30 days or more.
30 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;
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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.
31 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.
32 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
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 these
Conditions of Approval;
c. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
d. Any other remedies permitted by law.
33 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
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following reasonable effort or if the owner fails to pick-up the property within 60
days, the facility shall be treated as abandoned property.
34 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
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.
35 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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