CC RES 2018-038 RESOLUTION NO. 2018-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING MAJOR WIRELESS
TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 33 TO
ALLOW THE INSTALLATION OF AN ANTENNA ENCASED IN A
CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER
MOUNTED ON REPLACEMENT STREETLIGHT POLE NOT TO
EXCEED 36' IN TOTAL HEIGHT WITH RELATED VAULTED
MECHANICAL EQUIPMENT AT THE SOUTHWEST CORNER OF
THE INTERSECTION OF HAWTHORNE BOULEVARD AND LOS
VERDES DRIVE
WHEREAS, Chapter 12.18 of the Rancho Palos Verdes Municipal Code (RPVMC
or Municipal Code) governs the permitting, development, siting, installation, design,
operation and maintenance of wireless telecommunications facilities ("WTFs") in the
City's public right-of-way ("PROW") (RPVMC § 12.18.010); and,
WHEREAS, beginning in May 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. 33; and,
WHEREAS, the original Project, located adjacent to 6480 Chartres Drive, called
for installation of two 21.4" panel antennas on a new 14'-tall steel pole in a neighborhood
with no utility poles and the installation of above-ground mechanical equipment and meter
box measuring 9.7 cubic feet in area within the public right-of-way (PROW); and,
WHEREAS, on July 25, 2017, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, the Planning Commission subsequently continued the public hearing
to August 8, 2017, and August 22, 2017; and,
WHEREAS, an alternative proposal called for a replacement 14'-tall stop sign pole
measuring 12" in diameter with a 3.5' tall and 2' diameter canister encasing the antennas
at the top of the pole located at the intersection of Chartres Drive and Cartier Drive; and,
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; and,
WHEREAS, 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)); and,
WHEREAS, on August 22, 2017, after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff
Reports, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes moved to deny, without prejudice, the alternative proposal for ASG
No. 33, on a vote of 4-0 (Commissioners Leon and Tomblin, and Vice Chairman James
were absent); and,
WHEREAS, on September 14, 2017, a timely appeal of the denial was filed by the
Applicant; and,
WHEREAS, on November 15, 2017, a public notice was mailed to property owners
within a 500-foot radius of the subject site and published in the Daily Breeze, pursuant to
the requirements of the Rancho Palos Verdes Municipal Code announcing the appeal
hearing before the City Council. A courtesy public notice was also published in the
Peninsula News on November 23, 2017; and a notification was sent to listsery
subscribers; and,
WHEREAS, on November 30, 2017, the City Council held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, on November 30, 2017, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining its jurisdiction
over the appeal in order to allow the Planning Commission the opportunity to weigh in on
the revised design options presented to the City Council, and directed the Appellant to
explore locating the facility along Hawthorne Boulevard near one of the three entrances
to the Monaco neighborhood and to present the results of the analysis to the Planning
Commission; and,
WHEREAS, on January 30, 2018, the Planning Commission conducted a public
hearing on the revised design options and the latest RF analysis that was updated based
on the Council's direction to consider locating the facility along Hawthorne Boulevard near
the three entrances to the Monaco neighborhood. After considering the information
presented, the Planning Commission directed the Applicant to explore splitting the
proposed wireless facility into two separate wireless facilities within the neighborhood
rather than the one wireless facility proposed at the intersection of Chartres Drive and
Cartier Drive, in addition to consider locating the wireless facility on Hawthorne Boulevard,
and continued the public hearing to March 13, 2018; and,
WHEREAS, on February 15, 2018, the City Council, who was scheduled to
consider the Commission's recommendation, continued the matter to a date uncertain
while continuing to maintain jurisdiction in order to allow the Applicant to continue
exploring alternative locations for further review by the Planning Commission; and,
WHEREAS, on March 13, 2018, the Planning Commission conducted the
continued public hearing at which time Staff reported on the ongoing efforts to identify an
alternative location within the Monaco neighborhood, and indicated that pursuant to
Resolution No. 2018-38
Page 2 of 10
Commission and Council direction, the Applicant had identified an existing streetlight pole
at the intersection of Hawthorne Boulevard and Los Verdes Drive that met their coverage
objective. In light of this, at the Applicant's request, the public hearing was continued to a
date uncertain to allow the Applicant additional time to proceed with the mock-up and
public notification process for the alternative location at the intersection of Hawthorne
Boulevard and Los Verdes Drive; and,
WHEREAS, on April 17, 2018, property owners within 500' of the proposed
wireless facility were notified that the WTF mock-up would be installed at least 30 days in
advance of the City Council public hearing; and,
WHEREAS, on April 19, 2018, a public notice was mailed to property owners within
a 500' radius of the subject site and published in the Peninsula News, announcing that a
public hearing on the proposed facility is scheduled to occur on May 8, 2018; and,
WHEREAS, on May 8, 2018, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, on May 8, 2018, after considering testimony and evidence presented
at the public hearing, the information and findings included in the Staff Report, and other
records of proceedings, the Planning Commission of the City of Rancho Palos Verdes
moved to recommend to the City Council approval of ASG No. 33 on a vote of 6-0 to allow
the installation of a wireless facility on a replacement streetlight pole with related vaulted
mechanical equipment at the southwest corner of the intersection of Hawthorne
Boulevard and Los Verdes Drive; and,
WHEREAS, on May 31, 2018, a public notice was mailed to property owners within
a 500' radius of the subject site and published in the Peninsula News, announcing that
the City Council will conduct a public hearing on the Project; and,
WHEREAS, on June 19, 2018, the City Council 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 CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby approves a Major Telecommunications
Facility Permit ("WTFP") ASG No. 33 involving the installation of antennas encased in a
canister measuring 2' tall and 14.6" in diameter to a replacement streetlight pole not to
exceed 36' in total height as measured to the top of the canister with related vaulted
mechanical equipment at the proposed new location within the PROW at the southwest
corner of the intersection of Hawthorne Boulevard and Los Verdes Drive.
Section 2: Approval of a WTFP is warranted because the Project meets the
findings required by Section 12.18.090 of the Municipal Code:
Resolution No. 2018-38
Page 3 of 10
A. All notices required for the proposed installation have been given.
On May 31, 2018, a public notice announcing the June 19, 2018, public hearing on
the appeal of the Planning Commission's denial of ASG No. 33 was published in
the Peninsula News and provided to property owners within 500' of the proposed
Project and to Iistsery subscribers. Accordingly, all notice requirements have been
met. The Applicant agreed, in writing, to toll the shot clock to July 30, 2018.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
12.18.080(A)(1)(a): The Applicant shall employ screening, undergrounding and
camouflage design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually
screened as possible, to prevent the facility from dominating the surrounding area
and to minimize significant view impacts from surrounding properties all in a manner
that achieves compatibility with the community and in compliance with Section
17.02.040 (View Preservation and Restoration) of this code.
The Project employs screening and a camouflage design with the use of a canister
shroud measuring 2' tall and 14.6" in diameter that will be mounted to the top of a
replacement streetlight pole that is conditioned not to exceed a total height of 36' as
measured from grade to the top of the canister. The wireless facility will not be placed
in front of homes or adjacent to side or rear yards of residences, and will not create
potential view and visual impacts. All cabling will be obscured by the use of clips or
the like, and screened by the canister. The light standard will match the
decommissioned light standard and those in the immediate area. All of the related
mechanical equipment will be undergrounded in three vaults. The Project will not
result in any significant view impairment to surrounding properties pursuant to
Chapter 17.02.040 of the RPVMC. In terms of cumulative visual or view impacts, a
significant view impairment will not occur if other streetlight poles in this location of
the City were replaced to accommodate a similar WTF.
12.18.080(A)(1)(b): Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage, disguise,
and/or blend into the environment, including landscaping, color, and other
techniques to minimize the facility's visual impact as well as be compatible with the
architectural character of the surrounding buildings or structures in terms of color,
size, proportion, style, and quality.
The proposed WTF will be affixed to a replacement street light pole that matches
other street light poles located along Hawthorne Boulevard in terms of color, size,
proportion, style, and quality. The canister will be painted a concrete color to match
the light pole. All cables and wires will be routed directly into the pole with no loops
or exposed cables, and all cables will be clipped at the antenna-meeting point and
Resolution No. 2018-38
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contained within the canister and the shroud that connects the canister to the top of
the pole.
12.18.080(A)(1)(c): Facilities shall be located such that views from a residential
structure are not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's general
plan, so that no significant view impairment results in accordance with this code
including Section 17.02.040 (View Preservation and Restoration). This provision
shall be applied consistent with local, state and federal law.
The Project does not result in a significant view impairment to surrounding
residences nor will create a significant view impairment from the public view corridor
located along Hawthorne Boulavard, as identified in the City's General Plan.
12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts to traffic safety.
The proposed Project involves a replacement streetlight pole with the installation of
antennas encased in a canister shroud that will be mounted to the top of a
replacement streetlight pole. No portion of the antenna will be over the drivable road
and the height of the replacement streetlight pole will not distract motorists or
pedestrians. Additionally, the related mechanical equipment will be vaulted
underground to avoid traffic safety impacts.
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and
non-reflective materials that blend with the materials and colors of the surrounding
area and structures.
The proposed replacement streetlight pole will consist of a color and material that is
subdued and non-reflective. Further, it will be the same as the existing streetlight
pole and other streetlight poles in the general area.
12.18.080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this
section, antennas shall be situated as close to the ground as possible.
The Project includes the installation of antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter to the top of a replacement streetlight pole
that will not exceed a maximum height of 36', as measured to the top of the canister,
with mechanical equipment that will be vaulted within the parkway. The canister
would be visible to the public, but it screens the antenna and cables from the public's
view. In order to accommodate additional antennas, the height of the streetlight pole
would have to be increased by approximately 5' to accommodate collocation
because of the size of the panel antennas combined with there being a need to
provide a separation of at least 1' between antenna panels for functionality purposes.
Resolution No. 2018-38
Page 5 of 10
The design does not preclude the possibility of collocation by the same or other
operators or carriers but it may not always minimize visual impact.
12.18.080(A)(6)(a): Facilities shall be located consistent with Section 12.18.200
(Location Restrictions) unless an exception pursuant to Section 12.18.190
(Exceptions) is granted.
The proposed location is within the PROW as identified in the City's General Plan.
The findings for an Exception are required.
12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
way. All other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see subparagraph
(6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220 (State or Federal
Law).) Sections 12.18.080(6)(c) through (f) are not applicable.
The 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.
The antennas are not proposed to be installed on an existing streetlight pole but
rather on a replacement light pole. The height of the antennas will be approximately
2' above the height of the new streetlight pole. No portion of the antenna or
equipment is less than 16'/2' above the drivable road surface.
12.18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The proposed replacement streetlight pole will match the appearance, in terms of
color, size and dimensions of the existing pole and all other streetlight poles in the
immediate area. The replacement pole will be approximately 5' taller than the
existing pole and other poles on the street, but will continue to resemble the existing
pole in terms of size, color, and materials.
12.18.080(A)(6)(fl: Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
There will not be pole mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted.
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Page 6 of 10
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or
hidden to the fullest extent feasible.
All cables and wires are required to be short, encased in the shroud and directly
routed to the pole in order to be hidden from view with no loops, exposed cables,
splitters or unsightly wires.
12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
The replacement streetlight pole is similar in dimension to the existing streetlight pole
and is approximately 5' taller than the existing pole measured to the base of the
canister to accommodate the 2' tall canister and the tapered shroud. The placement
of the antennas within the canister will occupy limited air space above the right-of-
way. The supporting mechanical equipment will be undergrounded within a vault
necessary to house the equipment. This space is the least amount of space that is
technically feasible for equipment owned by AT&T.
12.18.080(A)(8): Wind Loads. Each facility shall be properly engineered to
withstand wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact of
modification of an existing facility.
Based on the information submitted by the Applicant, the City Council finds that the
proposed installation complies with all building codes related to wind loads.
12.18.080(A)(9): Obstructions. Each component part of a facility shall be located
so as not to cause any physical or visual obstruction to pedestrian or vehicular
traffic, incommode the public's use of the right-of-way, or safety hazards to
pedestrians and motorists and in compliance with Section 17.48.070 (Intersection
Visibility) so as not to obstruct the intersection visibility triangle.
The Project design, height and size, including the undergrounding of the mechanical
equipment, will not cause an obstruction to the public's use of the PROW, does not
constitute a safety hazard and/or does not interfere with the City-defined intersection
visibility triangle because replacement streetlight pole provides the same lighting,
and setback parameters applicable to other streetlight poles, and the related
mechanical equipment will be undergrounded.
12.18.080(A)(10): Public Facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure, or any other public
health or safety facility.
The installation, including the undergrounding of the mechanical equipment, will not
interfere with fire hydrants, fire stations, water lines or any other public health or
safety facilities as determined by the Public Works Department. Furthermore, part
Resolution No. 2018-38
Page 7 of 10
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. The
related mechanical equipment will be undergrounded.
12.18.080(A)(12): Accessory Equipment. Accessory Equipment. Not including the
electric meter, all accessory equipment shall be located underground, except as
provided below.
The related accessory equipment, including the meter, will be located underground.
12.18.080(A)(13) Landscaping. Where appropriate, each facility shall be installed
so as to maintain and enhance existing landscaping on the site, including trees,
foliage and shrubs. Additional landscaping shall be planted, irrigated and
maintained by applicant where such landscaping is deemed necessary by the city
to provide screening or to conceal the facility.
Conditions have been added requiring the installation of landscaping within
parkway to help soften, as well as screen, the appearance of the Project.
12.18.080(A)(14) Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law or permitted by
the city.
The facility does not include any signs or advertising devices other than certification,
warning or other signage required by law.
12.18.080(A)(15)(a-e) Lighting.
The facility does not include any such lighting other than the luminaire on the light
pole.
C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
This finding is not applicable as the proposed WTF antenna is proposed to be
installed on a replacement streetlight pole that's currently an existing infrastructure.
D. The Applicant has provided sufficient evidence supporting the Applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
Resolution No. 2018-38
Page 8 of 10
federal law, or the Applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right-of-Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission (CPUC) which provides that the Applicant has been authorized to
install wireless telecommunications infrastructure in the PROW.
E. The Applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis to
show that all alternative locations and designs identified in the application
review process were technically infeasible or not available.
Ten alternative locations, including the original location at Cartier Drive and
Chartres Drive, were studied. Many of these locations were not viable and a few
others required poles to be 65' to 85' in height. The proposed location is now on
a major arterial which meets the objective of the Code to avoid local residential
streets. This new location is set back from nearby residences and is the least
intrusive means compared to the alternatives that are within residential
neighborhoods with no existing appropriate vertical infrastructure that can
accommodate the facility.
There is technology that is possible to use to reduce the size of the antenna, but
that would require a greater number of facilities, including the introduction of new
pole structures, throughout the community to provide the Applicant's coverage and
capacity objective. The supporting mechanical equipment will be vaulted meeting
the objective of installing the least intrusive facility. Other locations and designs
considered for purposes of filling the coverage gap claimed by the Applicant will
be more intrusive than the Project because:
• The location utilizes an existing or replacement pole as opposed to
installing a new pole.
• The location is preferred to the Applicant's original location because it is
further away from houses, located on an arterial street, involves a
replacement streetlight pole, and is located adjacent to tall mature trees
and existing buildings.
• A smaller or lower pole could be utilized, but it would require a multiplicity
of wireless poles in the coverage area as claimed by the Applicant and
discussed by the City's RF Consultant, as opposed to having one AT&T
WTF in this area.
Resolution No. 2018-38
Page 9 of 10
• Staff looked at other design options from other(non-AT&T) carriers. While
some carriers offer antenna panels that may be smaller in overall size,
such designs from other carriers are not engineered to carry the
bandwidths owned by AT&T.
Section 3: Conditions regarding any of the requirements listed above which the
City Council finds to be necessary to protect the health, safety and general welfare, have
been imposed in the attached Exhibit A
Section 4: The City Council hereby grants the appeal and approves ASG No.
33 as revised and recommended for approval by the Planning Commission, based on the
evidence in the record and the findings contained in this Resolution.
Section 5: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
Section 6: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure or other applicable short periods of limitation.
PASSED, APPROVED and ADOPTED this 19th day of June 2018.
Mayor
ATT •
1141
C'y Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2018-38, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held o~ une 19, 2018.
t
CrieTT Clerk
Resolution No. 2018-38
Page 10 of 10
RESOLUTION NO. 2018-38
EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 33
HAWTHORNE BOULEVARD
AT THE INTERSECTION OF LOS VERDES DRIVE
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the street light pole,
the Applicant and the property owner shall submit to the City a statement, in writing, that
they have read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions
and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
nature), and alternative dispute resolutions procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively"Actions'), brought against
the City, and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
the action of, or any permit or approval issued by, the City and/or any of its officials, officers,
employees, agents, departments, agencies, and instrumentalities thereof(including actions
approved by the voters of the City), for or concerning the Project.
3. Prior to conducting any work in the public right of way (PROM, 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.
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.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the
satisfaction of the City's Inspector. All construction waste and debris resulting from a
construction, alteration or repair of the Project shall be removed on a daily basis by the
contractor or property owner.
14. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City(Public Works and
Community Development Departments) with the effective date of this Resolution.
15. The mock-up shall be removed within seven (7) days after all appeal periods have been
exhausted.
Project-specific Conditions:
16. This approval allows for the following:
a. Install a WTF at the southwest intersection of Hawthorne Boulevard and Los Verdes
Drive,
Resolution No. 2018-38
Exhibit A
Page 2 of 8
b. Decommission and remove an existing 28'-5"tall streetlight pole with a mast arm
and luminaire to be replaced with a 36'tall streetlight pole, as measured to the top
of the canister, with an antenna encased in a canister measuring 2'tall and 14.6"in
diameter,
c. Install vaulted underground mechanical equipment in the PROW.
17. The proposed Project is subject to the following Conditions to the satisfaction of the
Director of Public Works and the Director of Community Development:
a. The proposed WTF shall be installed on a replacement streetlight pole that shall
match other light standards in the area in terms of color, size, proportion, style,
and quality. The canister and canister shroud shall be professionally painted and
maintained to match the streetlight pole and other streetlight poles located along
Hawthorne Blvd.
b. The Applicant shall install landscaping in the parkway near the proposed
installation to screen the equipment consistent with existing landscaping.
c. 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.
d. 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.
e. All cables and wires shall be directly routed to the pole and encased within the pole
and shroud, and hidden from view. No loops, exposed cables, splitters or unsightly
wires shall be permitted.
f. No cable or wires shall be visible.
g. 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.
h. All accessory equipment shall be located underground including meter boxes and
cabinets.
i. The vault cover shall be painted green to match the ground covering in the
parkway.
j. The facility shall be installed so as to maintain and enhance existing landscaping
on the site, including trees, foliage and shrubs. Additional landscaping shall be
planted, irrigated and maintained by Applicant where such landscaping is feasible
and deemed necessary by the City to provide screening or to conceal the facility.
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Exhibit A
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k. 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.
I. The facility shall not be illuminated except for the existing streetlight luminaire. All
other illumination shall be restricted pursuant to RPVMC§ 12.18.080(A)(15).
m. Noise:
i. 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.
i i. 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.
n. 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.
p. 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:
a. 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:
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Exhibit A
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i. After discovery of the need by the Applicant, owner, operator or any designated
maintenance agent; or
ii. 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.
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. Applicant shall install, to the satisfaction of the Public Works Director or Director of
Community Development, landscaping near the proposed installation of the vaulted
accessory equipment to screen the vaulted equipment consistent with existing
landscaping prior to final inspection.
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Exhibit A
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24. All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in good condition at all times, and the 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.
25. 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.
26. Each facility shall be operated and maintained to comply with all conditions of approval.
Each owner or operator of a facility shall routinely inspect each site to ensure compliance
with the same and the standards set forth in the RPVMC.
27. No person shall install, use or maintain any facility which in whole or in part rests upon, in
or over any public right-of-way, when such installation, use or maintenance endangers or
is reasonably likely to endanger the safety of persons or property, or when such site or
location is used for public utility purposes, public transportation purposes or other
governmental use, or when such facility unreasonably interferes with or unreasonably
impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped
vehicle, the ingress into or egress from any residence or place of business, the use of
poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining,
permitted street furniture or other objects permitted at or near said location.
28. Unless California Government Code Section 65964, as may be amended, authorizes the
city to issue a permit with a shorter term, a permit for any wireless telecommunications
facility shall be valid for a period of ten years, unless pursuant to another provision of the
RPVMC or these Conditions of Approval, it lapses sooner or is revoked. At the end of ten
years from the date of issuance, such permit shall automatically expire.
29. 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.
30. A WTF is considered abandoned and shall be promptly removed as provided herein if it
ceases to provide wireless telecommunications services for 90 or more consecutive days
unless the Applicant has obtained prior written approval from the Director of Public Works,
which shall not be unreasonably denied.
31. The operator of a facility shall notify the City in writing of its intent to abandon or cease
use of a permitted site or a nonconforming site (including unpermitted sites) within ten
days of ceasing or abandoning use. Notwithstanding any other provision herein, the
operator of the facility shall provide written notice to the Director of Public Works any
discontinuation of operations of 30 days or more.
32. Failure to inform the Director of Public Works of cessation or discontinuation of operations
of any existing facility as required by this section shall constitute a violation of any
approvals and be grounds for:
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Exhibit A
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a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by the RPVMC or Conditions
of Approval of the permit;
d. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
e. Any other remedies permitted by law.
33. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the permit or abandonment of the facility, the 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.
34. 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.
35. In the event the Public Works Director or City Engineer determines that the condition or
placement of a WTF located in the public right-of-way constitutes a dangerous condition,
obstruction of the public right-of-way, or an imminent threat to public safety, or determines
other exigent circumstances require immediate corrective action (collectively, "exigent
circumstances'), the Director or City Engineer may cause the facility to be removed
summarily and immediately without advance notice or a hearing. Written notice of the
removal shall include the basis for the removal and shall be served upon the 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
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Exhibit A
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identified following reasonable effort or if the owner fails to pick-up the property within 60
days, the facility shall be treated as abandoned property.
36. In the event the City removes a facility in accordance with nuisance abatement procedures
or summary removal, any such removal shall be without any liability to the City for any
damage to such facility that may result from reasonable efforts of removal. In addition to
the procedures for recovering costs of nuisance abatement, the City may collect such
costs from the performance bond or security instrument posted and to the extent such
costs exceed the amount of the security instrument, collect those excess costs in
accordance with the RPVMC. Unless otherwise provided herein, the City has no obligation
to store such facility. Neither the Applicant, owner nor operator shall have any claim if the
city destroys any such facility not timely removed by the permitee, owner or operator after
notice, or removed by the City due to exigent circumstances.
37. Consistent with current state and federal laws and if permissible under the same, at the
time of modification of a WTF, existing equipment shall, to the extent feasible, be replaced
with equipment that reduces visual, noise and other impacts, including, but not limited to,
undergrounding any equipment installed above ground and replacing larger, more visually
intrusive facilities with smaller, less visually intrusive facilities.
Resolution No. 2018-38
Exhibit A
Page 8 of 8