CC RES 2018-045 RESOLUTION NO. 2018-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING, WITH CONDITIONS, 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 MOUNTED ON A REPLACEMENT
STREETLIGHT POLE NOT TO EXCEED 37' IN TOTAL HEIGHT WITH THE
LUMINAIRE MAST ARM REMAINING AT ITS CURRENT HEIGHT WITH
RELATED VAULTED MECHANICAL EQUIPMENT ADJACENT TO 28716
CIRCLET 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 ("WTF5") 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. 36; and,
WHEREAS, the original Project, located across the street from 28907 Doverridge Drive,
called for installation of a new 26'-tall free standing pole with two 21.4"-tall side-mounted panel
antennas in a location directly visible from the neighborhood residences and the installation of
vaulted equipment within the public right-of-way (PROW); and,
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; and,
WHEREAS, on September 28, 2017, the Planning Commission continued the public
hearing to October 24, 2017; and,
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; and,
WHEREAS, on November 8, 2017, a timely appeal of the denial was filed by the Applicant
for an appeal to the City Council; and,
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; and,
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, approximately 650'
northeast of the original location on a different street; and,
WHEREAS, the new proposal called for a replacement of a 26.5'-tall streetlight pole with
a 37'-tall streetlight pole with two side-mounted antennas adjacent to 28716 Circlet 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 May 11, 2018, a public notice was mailed to property owners within a 500'
radius of the subject site and published in the Peninsula News, pursuant to the requirements of
the RPVMC, and a notification was sent to Iistsery subscribers, announcing the June 12, 2018,
Planning Commission meeting; and,
WHEREAS, on June 12, 2018, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and present
evidence; and,
WHEREAS, on June 12, 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. 36 on a vote of 6-0 to allow the installation of antennas
encased in a 2'-tall and 14.6" in diameter canister shroud mounted on a replacement streetlight
pole not to exceed 37' in total height with the luminaire mast arm remaining at its current height
with related vaulted mechanical equipment in the PROW adjacent to 28716 Circle Drive; and,
WHEREAS, on June 28, 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 July 17, 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. 36 to allow the installation of antennas encased in a canister measuring
2' tall and 14.6" in diameter to a replacement streetlight pole not to exceed 37' in total height as
measured to the top of the canister while maintaining the height of the existing luminaire mast
arm with related vaulted mechanical equipment at the proposed new location within the PROW
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adjacent to 28716 Circlet 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:
A. All notices required for the proposed installation have been given.
On June 28, 2018, a public notice announcing the July 17, 2018, public hearing on the
appeal of the Planning Commission's denial of ASG No. 36 was published in the Peninsula
News and provided to property owners within 500' of the proposed Project and to listsery
subscribers. Accordingly, all notice requirements have been met. The Applicant agreed, in
writing, to toll the shot clock to August 31, 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 37' as measured from grade
to the top of the canister. 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 result
in any significant view impairment to surrounding properties pursuant to RPVMC Chapter
17.02.040. All of the related mechanical equipment will be undergrounded in three vaults. 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 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
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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 it 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.
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 mounted
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 antennas combined with there being a need to provide a separation of at
least 1' between antennas for functionality purposes. The design does not preclude the
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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 a local residential street 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-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 wireless facility is not proposed to be installed on an existing streetlight pole but rather
on a replacement streetlight pole. No portion of the antenna or equipment is less than 16'h'
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 of the existing pole
and all other streetlight poles in the immediate area in terms of color, size and dimensions.
The replacement pole will be approximately 11.5'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.
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.
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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 11.5' 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 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.
Resolution No. 2018-45
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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 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 is currently 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
Resolution No. 2018-45
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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 adjacent to the Project site. There are alternative antennas available
but, according to the Applicant, and as confirmed by the City's RF Consultant, they 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 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
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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
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 neighborhoods and are more visible
to pedestrians and motorists when compared to the proposed location, which is mostly
hidden from view 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. In addition, 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
Resolution No. 2018-45
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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 City
Council finds to be necessary to protect the health, safety and general welfare, have been
imposed in the attached Exhibit A
Section 5: The City Council hereby grants the appeal and approves ASG No. 36 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 6: 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 7: 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 17th day of July 2018.
Cc4.9cfaVi-p---..(ePatrefL
Mayor
ATTES
4110\
1t '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 Ver.-s, do hereby certify that the above
Resolution No. 2018-45, was duly and regularly passed an. a•opted by the said City Council at
a regular meeting thereof held on July 17, 2018.
1141 ler
Resolution No. 2018-45
Page 10 of 10
RESOLUTION NO. 2018-45
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 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.
Resolution No. 2018-45
Exhibit A
Page 2 of 8
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:
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 antenna canister shroud shall be professionally painted and maintained to match
the streetlight pole and other streetlight poles located in the vicinity.
b. 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.
c. 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.
d. 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.
e. No cable or wires shall be visible.
f. 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.
g. All accessory equipment shall be located underground including meter boxes and
cabinets.
h. The vault cover shall be painted gray to match the sidewalk color.
Resolution No. 2018-45
Exhibit A
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i. 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.
j. 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).
k. 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.
ii. 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.
I. 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.
m. 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.
n. 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:
Resolution No. 2018-45
Exhibit A
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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:
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.
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Exhibit A
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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 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 VVTF'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;
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Exhibit A
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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.
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
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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.
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.
Resolution No. 2018-45
Exhibit A
Page 8 of 8