CC SR 20180717 01 -Wireless Telecommunication Facility ASG 36
PUBLIC HEARING
Date: July 17, 2018
Subject: Consideration and possible action to grant an appeal and overturn the Planning
Commission’s denial of Major Wireless Telecommunication Facility Permit ASG No. 36
to install a Wireless Telecommunications Facility (WTF) on a replacement streetlight
pole adjacent to 28716 Circlet Drive
Subject Property/Location: 28716 Circlet Drive
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Brooks
3. Request for Staff Report: Mayor Brooks
4. Staff Report & Recommendation: Art Bashmakian, Contract Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Brooks
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/17/2018
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to grant an appeal and overturn the Planning
Commission’s denial of Major Wireless Telecommunication Facility Permit ASG No. 36
to install a Wireless Telecommunication Facility (WTF) on a replacement streetlight pole
adjacent to 28716 Circlet Drive.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2018-___, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING MAJOR WIRELESS
TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 36 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 37’ IN TOTAL HEIGHT WITH THE
LUMINAIRE MAST ARM REMAINING AT ITS CURRENT HEIGHT WITH
RELATED VAULTED MECHANICAL EQUIPMENT ADJACENT TO 28716
CIRCLET DRIVE.
FISCAL IMPACT: The Appellant has paid the applicable appeal fees, as established
by Resolution of the City Council. If the Appellant is successful in the appeal, and the
City Council overturns the Planning Commission’s decision to deny the project, the
Appellant will receive a full refund of their appeal fee. Thus, all in-house Staff costs
associated with the processing of the appeal will be borne by the City’s General Fund.
Costs for work conducted by the City’s consultants, including the City Attorney, the
City’s contract planner and the City’s RF Consultant, are borne by the Appellant (Crown
Castle).
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
Quasi-Judicial Decision
This item is a quasi-judicial decision in which the City Council is being asked to affirm
whether specific findings of fact can be made in order to overturn the denial of the
Planning Commission’s decision. The specific findings of fact are listed in the
Resolution per Chapter 12.18 of the Rancho Palos Verdes Municipal Code
(RPVMC).
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ORIGINATED BY: Art Bashmakian, AICP, Contract Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2018 - __ (page A-1)
B. Project Plans and Photo Simulations (page B-1)
C. Coverage Maps and Supporting Documents (page C-1)
D. Technical information from the City’s RF Consultant (D-1)
E. P.C. Resolution No. 2018-18 - Approval (page E-1)
F. Crown Castle Appeal Letter (page F-1)
G. P.C. Resolution No. 2017-38 – Denial (page G-1)
H. Tolling Agreement (page H-1)
Click on the link below to view the June 12, 2018, Planning Commission Staff Report
and meeting video on ASG No. 36 - Agenda Item No. 4 (time stamp: 1:22:25):
http://rpv.granicus.com/MediaPlayer.php?view_id=5&clip_id=3173
Click on the link below to view the October 24, 2017, Planning Commission meeting on
ASG No. 36 - Agenda Item No. 8 (time stamp: 1:58:45):
http://rpv.granicus.com/MediaPlayer.php?view_id=5&clip_id=2918
BACKGROUND AND DISCUSSION:
Crown Castle, the Applicant (and Appellant), is a tower company hired by wireless
companies for the purpose of acquiring sites for the construction and deployment of
wireless telecommunications antennas throughout local jurisdictions. Pursuant to
Chapter 12.18 of the Rancho Palos Verdes Municipal Code (RPVMC), Crown Castle is
proposing to install approximately 26 new antennas in the City’s public rights-of-way
(PROW), including the subject application, to provide services to AT&T customers
throughout the City.
On October 24, 2017, the Planning Commission considered the Applicant’s request to
install a new 26’-tall free-standing pole across the street from 28907 Doverridge Drive
with two 21.4” tall side-mounted panel antennas. At this meeting, after considering
evidence introduced in the record including public testimony from the Applicant, the
public, Staff, and the City’s RF Consultant, the Planning Commission adopted P.C.
Resolution No. 2017-38 denying the Project, without prejudice, on a vote of 7-0. The
basis of the Planning Commission’s denial can be found in P.C. Resolution No. 2017-38
(Attachment G).
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On November 8, 2017, the Applicant filed a timely appeal of the Planning Commission’s
denial of the project, contending that the denial and the reasons for the denial effectively
prohibited or had the effect of prohibiting the provision of personal wireless services
(Attachment F). The Applicant believed that the Planning Commission’s decision was
not based on substantial evidence and that the denial violated the Applicant’s right to
deploy its facilities in the public rights-of-way in violation of Public Utilities Code Section
7901, in that the Planning Commission’s action exceeded local control over the “time,
place and manner” of access to the right-of-way.
On February 6, 2018, the City Council held a special, duly-noticed public hearing on the
appeal filed by the Applicant. At this meeting, in response to the Planning
Commission’s decision, the Applicant reassessed its proposal and presented, in
addition to the original design, various pole design options, including a slimmer canister
design and new locations for the City Council’s consideration as part of the appeal
proceedings. After taking public testimony, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining jurisdiction over
the appeal. The City Council referred the Project back to the Planning Commission
because the Planning Commission had not seen the revised slimmer canister design
and the new location options. The City Council felt it would be appropriate to allow the
Planning Commission to review the matter again with the updated information.
On May 4, 2018, after further assessing various alternative sites, the Applicant
submitted revised plans proposing the wireless facility on a replacement streetlight pole
located approximately 650’ northeast of the original location on Circlet Drive.
On June 12, 2018, the Planning Commission conducted a public hearing on the revised
project and revised location adjacent to 28716 Circlet Drive. The project presented to
the Planning Commission included two side-mounted panel antennas affixed to the top
of the replacement streetlight pole (Attachment B). Below are photographs of the
current proposed location and a photo simulation of the proposed Project considered by
the Planning Commission.
Existing Site Photo Simulation
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After considering evidence introduced into the record, including public testimony from
the Applicant, neighbors, Staff and the City’s RF Consultant, the Planning Commission
adopted P.C. Resolution No. 2018-18 (Attachment E) on a vote of 5-0 (Commissioner
Leon was absent), recommending conditional approval of the revised Project to allow
the installation of a wireless facility on a replacement streetlight pole adjacent to 28716
Circlet Drive. However, unlike the depiction in the photo simulation on the previous
page, the Planning Commission’s recommendation is to encase the antennas in a
canister measuring 2’ tall and 14.6” in diameter on a replacement streetlight pole
measuring 37’ tall with the luminaire mast arm remaining at its current height and with
related vaulted mechanical equipment. The Planning Commission’s recommendation is
based upon the revised location being less intrusive than the original project because it
does not involve the introduction of new vertical infrastructure and is not located directly
in front of homes.
The Planning Commission is forwarding its recommendation to the City Council, which
maintains jurisdiction over the appeal. In forwarding a recommendation to the City
Council, the Planning Commission was able to make the required findings in
accordance with RPVMC Chapter 12.18.090, which are memorialized in the draft
attached resolution (Attachment A).
ADDITIONAL INFORMATION:
City Council Site Visit
The City Council is encouraged to visit the project site and the proposed installation for,
among other things, design assessment and location. The City Council will be asked to
disclose whether they visited the project site before opening the public hearing.
Coverage Gap Analysis
RPVMC Sections 12.18.050(B)(19)(a) and (b) state that, in the event an applicant seeks
to install a WTF to address service coverage concerns and/or service capacity
concerns, the applicant needs to submit propagation maps with objective units of signal
strength measurement regarding current service coverage, and a written explanation
identifying the existing facilities with service capacity issues. The Applicant’s maps and
written explanations (Attachment C) have been reviewed by the City’s RF Consultant,
who has concluded that the signal levels are lower than the levels industry guidelines
suggest to support modern 3G/4G customer needs. The City’s Consultant concluded
that there are gaps in coverage in small pocketed areas and the subject facility will
provide ample signal intensity to support AT&T’s 3G/4G wireless services (Attachment
D).
Revised Mock-up Notice
On May 11, 2018, property owners within 500’ of the new Project location were notified
of the mock-up, which was installed at least 30 days in advance of tonight’s City Council
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meeting. This is a required step in the Wireless Telecommunications Facilities
Application for all proposed wireless facility installations. Pursuant to RPVMC Chapter
12.18, the City Council is to review this specific proposed installations for, among other
things, design assessment and location. The temporary mock-up installation will remain
in place as a matter of public notice up to and during the appeal proceedings. The
mock-up will be required to be removed by the Applicant after a final decision has been
rendered.
Public Notice and Comments
On June 28, 2018, a public notice was published in the Peninsula News, mailed to
property owners within a 500’ radius of the project site, and sent to listserv subscribers,
announcing tonight’s public hearing and inviting public comments. To date, the City has
not received any public comments in response to this public notice.
Planning Commission Chairman Attendance
Pursuant to City Council Policy No. 24, Planning Commission Chairman James will
attend tonight’s meeting in the event the City Council has any questions pertaining to
the Commission’s decisions in this matter.
Shot Clock
In response to the City Council’s decision to refer the appeal application back to the
Planning Commission, the Applicant agreed to toll the shot clock to August 31, 2018
(Attachment H).
CONCLUSION:
Based on the Planning Commission’s recommendation, Staff recommends that the City
Council adopt Resolution No. 2018- __, thereby approving Major Wireless
Telecommunication Facility Permit ASG No, 36 to allow the installation of antennas
encased in a canister measuring 2’ tall and 14.6” in diameter on 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 adjacent to 28716 Circlet Drive.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Deny the appeal and deny Major Wireless Telecommunication Facility
Permit ASG No. 36 and direct Staff to return with a revised Resolution at
the July 31, 2018, City Council Meeting.
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2. Modify the appeal and direct Staff to return with a revised Resolution at
the July 31, 2018, City Council Meeting. This action would entitle the
Appellants to a refund of one-half of their appeal fee.
3. Identify any issues of concern with the proposed project, provide Staff
and/or the Appellant with direction in modifying the project, and continue
the public hearing to date certain.
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Resolution No. 2018-__
Page 1 of 21
RESOLUTION NO. 2018-__
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 (“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. 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,
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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 listserv 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,
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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 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 listserv 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
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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 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.
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12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts to traffic safety.
The Project involves a replacement streetlight pole to accommodate the installation
of antennas that will not be over the drivable road. Additionally, the related
mechanical equipment will be vaulted underground to avoid traffic safety impacts.
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and
non-reflective materials that blend with the materials and colors of the surrounding
area and structures.
The proposed replacement streetlight pole will consist of a color (concrete) and
material that is subdued and non-reflective. Further, it will be the same as the existing
streetlight pole and other streetlight poles in the immediate area.
12.18.080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this
section, antennas shall be situated as close to the ground as possible.
The antennas would be encased in a 2’-tall and 14.6” in diameter canister shroud
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 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
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(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 16½ 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 16½’ 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)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension.
There will not be pole-mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted.
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.
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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.
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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
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federal law, or the Applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right-of-Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission (CPUC) which provides that the Applicant has been authorized to
install wireless telecommunications infrastructure in the PROW.
E. The Applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis to
show that all alternative locations and designs identified in the application
review process were technically infeasible or not available.
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).
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The WTF meets the definition of “personal wireless services facility” as defined by
the United States Code.
2. The applicant has provided the City with a clearly defined technical service
objective and a clearly defined potential site search area.
The “technical service objective” identified by the Applicant in all application
documents is the coverage of a “significant gap” in service. This application
information was provided to the City’s RF Consultant, who reviewed the
information, as well as conducted both on-site walkouts of the area and a
computerized terrain study to determine if the proposed site will address a coverage
gap as identified in the application. Based on the terrain profile characteristics and
the field measurement data provided by Crown Castle, the City’s consultant
concluded that the recommended location will address coverage deficiencies within
the target area. Furthermore, according to the City’s RF Consultant, the Applicant
has provided engineering details related to the wireless bands that will be used for
the DAS deployment, including identifying transmitting equipment, power levels for
each band and specifics regarding the radiation patterns of the antennas to be
installed. However, information provided about existing and proposed coverage in
the service area for each of the three AT&T licensed wireless bands (700 MHz, PCS
and AWS) are less clearly defined; this is due to the terrain associated with the
surrounding landscape.
The consultant concluded that signal levels are lower than the levels industry
guidelines suggest to support modern 3G/4G customer needs. Notably, if
constructed, proposed revised ASG No. 36 will provide ample signal intensity to
support AT&T’s 3G/4G wireless services in the target area.
3. The applicant has provided the City with a meaningful comparative analysis
that includes the factual reasons why any alternative location(s) or design(s)
suggested by the city or otherwise identified in the administrative record,
including but not limited to potential alternatives identified at any public
meeting or hearing, are not technically feasible or potentially available.
Every alternative site meets the RF coverage objective as confirmed by the City’s RF
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
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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 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.
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PASSED, APPROVED and ADOPTED this 17th day of July 2018.
_________________________________
Mayor
ATTEST:
____________________
____________________________
City 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-__, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on July 17, 2018.
__________________________________
CITY CLERK
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EXHIBIT “A”
CONDITIONS OF APPROVAL
WTF ASG NO. 36
ADJACENT TO 28716 CIRCLET DRIVE
General Conditions:
1. Prior to obtaining a permit from the Public Works Department to install the street
light pole, the Applicant and the property owner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all conditions
of approval contained in this Resolution. Failure to provide said written statement
within ninety (90) days following the date of this approval shall render this approval
null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively “Actions”), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the Project.
3. Prior to conducting any work in the public right of way (PROW), such as for curb
cuts, dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. The Public Works Director or Director of Community Development are authorized
to make minor modifications to the approved plans and any of the conditions of
approval if such modifications will achieve substantially the same results as would
strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the Project shall require approval of a revision by the final
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body that approved the original Project, which may require new and separate
environmental review.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the Project pursuant to the RPVMC.
7. If the Applicant has not obtained approvals and/or permits from the Departments
of Public Works and/or Community Development for the approved Project or not
commenced the approved Project within one year of the final effective date of this
Resolution, approval of the Project shall expire and be of no further effect unless,
prior to expiration, a written request for extension is filed with the Community
Development Department and approved by the Director of Community
Development.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of
the Rancho Palos Verdes Development Code. During demolition, construction
and/or grading operations, trucks shall not park, queue and/or idle at the Project
site or in the adjoining street rights-of-way before 7AM Monday through Friday and
before 9AM on Saturday, in accordance with the permitted hours of construction
stated in this condition. When feasible to do so, the construction contractor shall
provide staging areas on-site to minimize off-site transportation of heavy
construction equipment. These areas shall be located to maximize the distance
between staging activities and neighboring properties, subject to approval by the
building official.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12. Prior to commencement work, the Applicant shall obtain approval of a haul route,
if applicable, from the Director of Public Works.
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13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City’s Inspector. All construction waste and
debris resulting from a construction, alteration or repair of the Project shall be
removed on a daily basis by the contractor or property owner.
14. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City (Public Works and Community Development Departments) with the effective
date of this Resolution.
15. The mock-up shall be removed within seven (7) days after all appeal periods have
been exhausted.
Project-specific Conditions:
16. This approval allows for the following:
A. Install a WTF adjacent to 28716 Circlet Drive,
B. Decommission an existing 26’-6” tall streetlight pole with a replacement 37’
tall streetlight pole, as measured to the top pole, with antennas encased in
a canister shroud measuring 2’ tall and 14.6” in diameter,
C. Maintain the height of the existing luminaire mast arm, and
D. Install vaulted underground mechanical equipment in the PROW.
17. The proposed Project is subject to the following Conditions to the satisfaction of
the Director of Public Works and the Director of Community Development:
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.
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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.
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.
l. 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-
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Resolution No. 2018-__
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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:
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.
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22. All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or
camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e. Missing, discolored or damaged artificial foliage or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter and debris;
g. Broken and misshapen structural parts; and
h. Any damage from any cause.
23. The Applicant shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was in
at the time of installation.
24. Each facility shall be operated and maintained to comply with all conditions of
approval. Each owner or operator of a facility shall routinely inspect each site to
ensure compliance with the same and the standards set forth in the RPVMC.
25. No person shall install, use or maintain any facility which in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety of persons
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
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telecommunications facility shall be valid for a period of ten years, unless pursuant
to another provision of the RPVMC or these Conditions of Approval, it lapses
sooner or is revoked. At the end of ten years from the date of issuance, such permit
shall automatically expire.
27. An Applicant may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the City's current Code requirements
for WTF’s.
28. A WTF is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days unless the Applicant has obtained prior written approval from the
Director of Public Works, which shall not be unreasonably denied.
29. The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites)
within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of
Public Works any discontinuation of operations of 30 days or more.
30. Failure to inform the Director of Public Works of cessation or discontinuation of
operations of any existing facility as required by this section shall constitute a
violation of any approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by the RPVMC or
Conditions of Approval of the permit;
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
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safety requirements and all ordinances, rules, and regulations of the City. The
facility shall be removed from the property, at no cost or expense to the City.
32. Failure of the Applicant, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of these
Conditions of Approval. Upon a showing of good cause, an extension may be
granted by the Public Works Director where circumstances are beyond the control
of the Applicant after expiration. Further failure to abide by the timeline provided in
this section shall be grounds for:
a. Prosecution;
b. Acting on any security instrument required by the RPVMC or these
Conditions of Approval;
c. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee’s expense; and/or
d. Any other remedies permitted by law.
33. In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately without
advance notice or a hearing. Written notice of the removal shall include the basis
for the removal and shall be served upon the Applicant and person who owns the
facility within five business days of removal and all property removed shall be
preserved for the owner's pick-up as feasible. If the owner cannot be identified
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
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Applicant, owner nor operator shall have any claim if the city destroys any such
facility not timely removed by the Applicant, owner or operator after notice, or
removed by the City due to exigent circumstances.
35. Consistent with current state and federal laws and if permissible under the same,
at the time of modification of a WTF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other impacts,
including, but not limited to, undergrounding any equipment installed above ground
and replacing larger, more visually intrusive facilities with smaller, less visually
intrusive facilities.
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B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-10
B-11
B-12
ASG36 Coverage Analysis
April 5,2018
C-1
Agenda
ASG36 map of primary and alternate candidates
ASG36 viability of the primary and alternate candidates
ASG36 –RF serviceobjective
RF (“drive test”) test set up (see last 3 slides)
ASG36 elevationchallenge
Views from Top of Proposed/Antenna
ASG36 primary candidate vs. all ASG36 alternate candidates
| 2C-2
ASG36 Map of the Primary and Alternate Sites
| 3
Service Objective
ASG36_Circlet
Primary
ASG36_A
ASG36_C
ASG36_E
ASG36_D
ASG36_M2
C-3
Node ID Average RSRP (dBm)Loss of RSRP signal (%)Viability
ASG36A -71.3558 16.02 Viable
ASG36B Data not available Data not available Viable
ASG36C -85.3111 -0.39 Viable
ASG36D -97.3991 -14.62 Viable
ASG36E -88.6927 -4.37 Viable
ASG36M2 -91.352 -7.50 Viable
ASG36 Circlet -84.9732 Baseline Primary Candidate
ASG36 Viability of the Primary and Alternate Sites
C-4
ASG36 -ServiceObjective
Proprietary &
Confidential | 5
Seamount Dr
Doverridge Dr
Covecrest Dr
Service Objective
ASG36_circlet
Primary Candidate
Shire Oaks Dr
Circlet Dr
C-5
ASG36 -Circlet Elevation Challenges
Terrain in the area is hilly and causes RF challenges, .34mi path shows hilly terrain for the
community. There is 167 ft of terrain changes in this area that limits RF signal
Service Objective Primary candidate
AHW04-On air
AHW04-On air
Primary candidate
1
1
2
2
3
3
C-6
ASG36 -Views of ASG36-Circlet
| 7C-7
ASG36-Views from top of antenna at ASG36-Circlet
| 8
South East
North West
C-8
ASG36-Views from top of antenna at ASG36-Circlet
| 9
South West
North East
C-9
Existing and Proposed Coverage
1900MHz and 700MHz Maps
ASG36
C-10
ASG36 Existing Coverage
The nearest On-Air nodes are unable to serve in the RF
Objective for ASG36 because of the terrain profile
|11
Existing Site
ASG36_Circlet
ASG36_B
ASG36_AASG36_E
ASG36_D
ASG36_C
1900 MHz
ASG36_M2
C-11
1900 MHz
ASG36-Circlet Primary Proposed Coverage
1900 MHz
|12
ASG36_Circlet
C-12
1900 MHz
ASG36-A Proposed Coverage
1900 MHz
|13
ASG36_A
C-13
1900 MHz
ASG36-C Proposed Coverage
1900 MHz
|14
ASG36_C
C-14
1900 MHz
ASG36-D Proposed Coverage
1900 MHz
|15
ASG36_D
C-15
1900 MHz
ASG36-E Proposed Coverage
1900 MHz
|16
ASG36_E
C-16
1900 MHz
ASG36-M2 Proposed Coverage
1900 MHz
|17
ASG36_M2
C-17
ASG36 Existing Coverage
|18
700 MHz
Existing Site
ASG36_Circlet
ASG36_B
ASG36_AASG36_E
ASG36_D
ASG36_C
ASG36_M2
C-18
1900 MHz
ASG36-Circlet Primary Proposed Coverage
700 MHz
|19
ASG36_Circlet
C-19
1900 MHz
ASG36-A Proposed Coverage
700 MHz
|20
ASG36_A
C-20
1900 MHz
ASG36-C Proposed Coverage
700 MHz
|21
ASG36_C
C-21
1900 MHz
ASG36-D Proposed Coverage
700 MHz
|22
ASG36_D
C-22
1900 MHz
ASG36-E Proposed Coverage
700 MHz
|23
ASG36_E
C-23
1900 MHz
ASG36-M2 Proposed Coverage
700 MHz
|24
ASG36_M2
C-24
Drive Test Set Up
ASG36
C-25
Drive Test Set Up
A continuous wave (CW)test is performed to simulate the coverage expected for the new node locations
PCTEL EX flexReceiver
696MHz-2120 MHz GPS
This is in the vehicle
BVSDragon
850 /1900
TXPower
Crossband
Coupler
Ground
Tripod
40 Feet LMR400
Ultra Flex
Hotstick
Adjustableheight
Comba Omni
AntennaOmniAntenna
Scanner used to collect benchmark data for existing carrier.
|
26
2
C-26
Drive Test Set Up
|
27
2
C-27
Link Budget and Gain Adjust 1900 MHz –ASG36
|
28
2
C-28
Link Budget and Gain Adjust 700 MHz –ASG36
|
29
2
C-29
Columbia Telecommunications Corporation
Wireless Facility Application Evaluation
Applicant: Crown Castle
Site # ASG-36
UPDATED with new site survey on 05/22/2018
Description: Application to install a new DAS access site
Site Location: Circlet Drive near Shire Oaks Drive
Site survey findings:
The original on-site survey for ASG #36 was conducted on September 12, 2017. Crown Castle agreed to
consider additional options for the placement of this site and submitted new site locations (along with
a slightly relocated target area) in April 2018. A subsequent site survey has been completed on May 22,
2018 and data from this new site survey is provided for this report. The new preferred site location is a
replacement street light on Circlet Drive near the intersection of Shire Oaks Drive. It is positioned in the
center of the target area to serve residences along Doverridge, Seamount, Covecrest and Shire Oaks
Drives.
Exhibit 1 – Site with Mocked Up Pole with Antenna
As a part of this assignment. I conducted signal measurements of the AT&T service in the target area
identified by Crown Castle to be served from the site. Before conducting the ASG Site 36
measurements, I first made measurements at the City Hall parking lot to both calibrate the test
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equipment and also to establish a reference sample of the network throughput and signal level (signal
power relative to 1 milliwatt of the LTE information signal power RSRP {Reference Signal Received
Power} an industry standard metric) near the macro tower. Measurements were made with the
spectrum analyzer for all three licensed AT&T bands. The measurements confirmed that tower signals
were active on all three bands. A signal level of -62 dBm RSRP was recorded at the site along with
data throughput download measurements between 114-139 Mbps and uploads between 44-47 Mbps
with ping times ranging from 31-38 milliseconds. This was fully consistent with my expectations for a
properly functioning, lightly loaded 4G LTE network.
I then conducted a drive test along the route shown in Exhibit 2 below. At ASG Site 36 Gap target
area, the same measurements were taken near the proposed antenna site. At the proposed ASG Site
36_Circlet, the signal level measurement was -111 dBm and 4G LTE. The download test registered a
throughput between 24.94-27.92 Mbps and 2.51-4.29 Mbps for the upload with ping times of 27-28
msecs. Generally, my experience indicates that is desirable to have a minimum signal level of at least -
100 to -95 dBm to support reliable connections for both upload and download and data speeds
consistent with the 3G technology. I note that Crown Castle in the application has specified a target
signal goal of -95 dBm or greater for LTE technology.
Exhibit 2 – Map Showing Existing AT&T Coverage Measured During Site Visit
On the exhibit, the original target area overlay which was defined by Crown Castle is outlined in blue.
The new target area is designated with a yellow polygon. Signal level measurements were made
throughout the area and recorded in a slowly moving vehicle at five second intervals. The data was
then plotted using the geographical coordinates onto a Google Earth map. A complete listing of the 121
measurements points used to create this coverage map can be found in Appendix A of this document.
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The listing includes the measured signal level, the geographical coordinates and the AT&T tower site
communicated with. It should be noted that during the drive test the receiver attempted to connect to
5 individual tower access points that provide some level of signal service in the drive area. Note that
throughout most of the target area the signal levels are poor (< -105 dBm), almost all the points within
the target area shows signal levels worse than -95 dBm.
For additional information on the specifics frequencies that AT&T operates on the RPV area as well as
background technical information which is applicable to all these Crown Castle applications, please see
Appendix B of this document.
Based on our field measurements It is our finding that within a majority of the targeted area there is a
gap in reliable AT&T broadband services.
Technical review: This new DAS wireless access facility is to be installed on a new pole to provide
additional capacity and service on all three AT&T bands (700 MHz, PCS and AWS) to improved digital
network services to customers in vehicles and buildings.
Two separate antennas are mounted at a radiation center located 25’ – 1 ½” above ground level
(AGL). The antennas simultaneously can support the AT&T 700, PCS and AWS bands. The site will
function to provided local coverage to the area within the yellow polygon. This site work in concert
with existing AT&T macro (traditional cell towers) sites.
Exhibit 3 is an illustration of the view of the proposed DAS facility which should be largely visibly
shielded by mature tree foliage. The site includes two directional antennas.
Exhibit 3 – Site ASG 36_Circlet
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In April 2018, Crown Castle submitted new information after looking at 5 new alternative sites (to
replace their initial preferred site, ASG36M2). Exhibit 4 shows the location of the alternate sites
surveyed.
Exhibit 4 – Primary and Alternate Sites for ASG36
To support the application, Crown Castle provided new field measurements made with a temporary
antenna from each proposed site to substantiate coverage in the target area. We have reviewed the
information and also conducted both an on-site walkout of the area as well as a computerized terrain
study to determine if the proposed site will address the coverage gap identified in the Crown Castle
application. Crown Castle summarizes their expected 1900 MHz coverage on the following table,
Exhibit 5, showing the preferred site (ASG36 Circlet) having an average RSRP of -84.9732 dBm within
the target area. This represents an improvement of 7.5% in average RSRP over the previously
preferred site at ASG36_M2 (-91.352 dBm). (ASG36B was never located in Crown Castle
documentation; no data was provided for its drive tests).
Exhibit 5 – Crown Castle Average RSRP for Various ASG 36 Sites
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For our terrain profile study, we examined a series of individual path profiles from the proposed site
to a sampling of locations within the gap. Exhibit 5 below shows the locations (within the gap) which
were chosen for examination of the path profiles. Complete path profile information for the 4 sample
sites are available in Appendix B.
Based on our review of the terrain profile characteristics and the field measurement data provided by
Crown Castle, we conclude that the proposal as provided will largely address the coverage
deficiencies within the target area.
Exhibit 5 – Sample Path Profile Locations
Co-location options: Crown Castle has provided information on the various options that have been
reviewed for the site deployment. It should be noted that the alternatives involve minor changes in the
siting of the facility. In most cases the limited coverage areas of the DAS units limit or confine site
selection. Generally, alternatives are selected based on aesthetic considerations since the overall
coverage area is confined by the limited service area of DAS technology and location of the specific
signal gap areas that are to be addressed.
Findings and conclusions: The applicant (Crown Castle) 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 extremely rugged and varied terrain associated with the RPV landscape.
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From an engineering perspective, Crown Castle has provided engineering measurement data defining
gaps in AT&T coverage in areas of the target area. I have independently examined these areas and
find that the signal levels are lower than the levels industry guidelines suggested to support modern
3G/4G customer needs. Further, the engineering design provided by Crown Castle supports that, if
constructed, DAS site ASG 36 will provide ample signal intensity (signal level in excess of -95 dBm) to
support AT&T’s 3G/4G wireless services. Currently from the information obtained in the drive tests, it
appears that approximately most of the proposed service area currently is served with poor 4G LTE
service.
Signature:
Michael Afflerbach, RF Specialist
Reviewed by:
Lee Afflerbach, P.E.
Date: 9/19/17
UPDATED: 5/31/18
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P. C. RESOLUTION NO. 2018-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING TO THE CITY
COUNCIL THE APPROVAL, WITH CONDITIONS, OF MAJOR
WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO.
36 TO ALLOW THE INSTALLATION OF ANTENNAS ENCASED IN A
CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER TO A
REPLACEMENT STREELIGHT POLE MEASURING 37' TALL WITH
THE LUMINAIRE MAST ARM REMAINING AT ITS CURRENT
HEIGHT AND WITH RELATED VAULTED MECHANICAL
EQUIPMENT ADJACENT TO 28716 CIRCLET DRIVE.
WHEREAS, Chapter 12 .18 of the Rancho Palo Verde Municipal Code (RPVMC or
Municipal Code) governs the permitting, development, siting, installation, design,
operation and maintenance of wireless telecommunications facilities ("WTFs") in the city's
public right-of-way ("PROW") (RPVMC § 12.18.01 0);
WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to
the City for an Wireless Telecommunications Facility Permit ("WTFP"), pursuant to
Section 12.18.040(A) of the Municipal Code, to install 26 antennas in the public right-of-
way (PROW) to service AT&T customers throughout the City including ASG No. 36
("Project") across from property located at 28907 Doverridge Drive in a residential
neighborhood;
WHEREAS, the Project called for the installation of new free standing pole with
two 21.4" panel antennas on a new 26' tall steel pole in a location directly visible from the
neighborhood residences;
WHEREAS, on September 28, 2017, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence;
WHEREAS, on September 28, 2017, the Planning Commission continued the
public hearing to October 24, 2017;
WHEREAS, because the Project's location was within a residential zone and within
the PROW of local streets as identified in the General Plan, approval of a WTFP also
required an exception under Section 12.18.190 of the RPVMC;
WHEREAS, the Project was found to be exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constituted a small scale
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installation of new a new facility (14 CCR § 15303(d));
WHEREAS, on October 24, 2017, after considering testimony and evidence
presented at the public hearings, the information and findings included in the Staff
Reports, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes moved to deny, without prejudice, ASG No. 36, on a vote of 7-0;
WHEREAS, on November 8, 2017, a timely appeal of the denial was filed by the
Applicant for an appeal to the City Council;
WHEREAS, on January 18, 2018, a public notice of the appeal was mailed to
property owners within a 500' radius of the subject site and published in the Palos Verdes
Peninsula News, pursuant to the requirements of the RPVMC. A notification was also
sent to list-serve subscribers;
WHEREAS, on February 6, 2018, the City Council held a duly noticed public
hearing on the appeal, at which time all interested parties were given an opportunity to
be heard and present evidence. At this meeting, the City Council voted to refer the Project
back to the Planning Commission for reconsideration while maintaining jurisdiction over
the appeal in order to allow the Planning Commission the opportunity to weigh in on the
revised design options and consider new location options;
WHEREAS, on May 4, 2018, the Applicant submitted new plans proposing to
locate the wireless facility on a replacement streetlight pole located on Circlet Drive,
located approximately 650' northeast of the original location on a different street;
WHEREAS, on May 11, 2018, a public notice was mailed to property owners within
a 500' radius of the subject site and published in the Palos Verdes Peninsula News,
pursuant to the requirements of the RPVMC, and a notification was sent to list-serve
subscribers, announcing the June 12, 2018, Planning Commission meeting;
WHEREAS, on June 12,2018, the Planning Commission held a duly noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: The proposed Project is a request to :
A. Install a WTF adjacent to 28716 Circlet Drive,
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B. Decommission an existing 26'-6" tall streetlight pole with a replacement 37' tall
streetlight pole, as measured to the top pole, with antennas encased in a canister
shroud measuring 2' tall and 14.6" in diameter,
C. Maintain the height of the existing luminaire mast arm, and
D. Install vaulted underground mechanical equipment in the PROW.
Section 2: Approval of a WTFP is warranted because the Project meets the
findings required by Section 12.18.090 of the Municipal Code :
A. All notices required for the proposed installation have been given.
Crown Castle and the City have provided all notices required by the RPVMC. On
May 11, 2018, a mock-up notice was issued to property owners within 500' of the
proposed facility which occurred at least 30 days in advance of the public hearing.
Further, on May 24, 2018, a new public notice announcing the June 12, 2018 public
hearing was provided to property owners within 500' of the proposed WTF and
published in the Palos Verdes Peninsula News. On April 26, 2018, the Applicant
provided the City with a Shot Clock Tolling Agreement (see attachment)
establishing a new Shot Clock Expiration date of June 25, 2018. Accordingly, all
notice requirements have been met.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
12 .18 .080(A)(1)(a): The Applicant shall employ screening, undergrounding and
camouflage design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as visually screened
as possible, to prevent the facility from dominating the surrounding area and to
minimize significant view impacts from surrounding properties all in a manner that
achieves compatibility with the community and in compliance with Section 17. 02 . 040
(View Preservation and Restoration) of this code.
As conditioned, the panel antennas will be encased in a 2' tall canister, measuring
14.6" in diameter minimizing its visual intrusion to the environment. The canister
shroud will blend into the environment and the area also contains mature foliage
that screens the view of the streetlight pole from residences. The WTF will not
dominate the surrounding area because of the existing vertical infrastructure and
the relatively small size of the canister. The mechanical equipment, including vents
and meters, will be in an underground vault measuring approximately 43 square feet
in surface area vaulted, including the radio and auxiliary equipment. The replacement
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streetlight pole will not exceed 37' as measured from grade to the top of the pole.
Although the replacement streetlight pole will be taller than the existing pole, the
luminaire mast arm will be maintained at its current height and the project location
is not in front of homes and will not create view or visual impacts. All cabling will be
obscured by the use of clips or the like. The streetlight pole will match the
decommissioned light standard and those in the immediate area. The Project will
not have any significant view impairment to surrounding properties pursuant to
Chapter 17.02.040 of the RPVMC.
12 . 18.080(AJ{1 )(b): Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage, disguise,
and/or blend into the environment, including landscaping, color, and other techniques
to minimize the facility's visual impact as well as be compatible with the architectural
character of the surrounding buildings or structures in terms of color, size, proportion,
style, and quality.
The proposed canister shroud will be located on a replacement streetlight pole.
The canister shroud encasing the antennas will be painted to match other streetlight
poles in the area. The cylinder shaped shroud encasing the antennas and wires
affixed to the pole is an appropriate technique that disguises and blends the facility
into the environment (blending with the pole and other poles in the area). According
to the Applicant, the proposed canister is the slimmest design available, as such, it
minimizes the facility's visual impacts and is more compatible with the surrounding
environment in terms of size, proportion and color. Further, tall, mature trees and
vegetation directly surrounding the light standard substantially screen the facility
from most viewpoint angles.
12 . 18 . OBO(A) (1 ){c): Facilities shall be located such that views from a residential
structure are not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's general
plan, so that no significant view impairment results in accordance with this code
including Section 17.02.040 (View Preservation and Restoration). This provision
shall be applied consistent with local, state and federal law.
The Project does not result in a significant view impairment to surrounding
residences nor will create a significant view impairment from the surrounding
properties. Further, tall, mature trees and vegetation directly surrounding the light
standard substantially screen the facility from most viewpoint angles, particularly
residential views.
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12 . 18. 080(A)(3): Traffic Safety. All facilities shall be designed and located in such a
manner as to avoid adverse impacts to traffic safety.
The Project involves a replacement streetlight pole to accommodate the installation
of antennas that will not be over the drivable road. Additionally, the related
mechanical equipment will be vaulted underground to avoid traffic safety impacts.
12. 18. 080(A) ( 4): Blending Methods. All facilities shall have subdued colors and non-
reflective materials that blend with the materials and colors of the surrounding area
and structures.
The proposed replacement streetlight pole will consist of a color (concrete) and
material that is subdued and non-reflective. Further, it will be the same as the existing
streetlight pole and other streetlight poles in the immediate area.
12. 18. 080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this section,
antennas shall be situated as close to the ground as possible.
The antennas would be encased in a 2' tall and 14.6" in diameter canister shroud to
the top of a replacement streetlight pole with mechanical equipment that will be
vaulted within the street. The cables will be housed inside the pole and maintained
out-of-view with the use of clips or the like. In order to accommodate additional
antennas as a collocation site, the height of the street pole would have to be
increased by approximately 5' because of the size of the panel antennas combined
with there being a need to provide a separation of at least 1' between antenna
panels for functionality purposes. The design does not preclude the possibility of
collocation by the same or other operators or carriers but it may not minimize the
visual impact.
12 . 18 . 080(A)(6)(a): Facilities shall be located consistent with Section 12. 18.200
(Location Restrictions) unless an exception pursuant to Section 12. 18. 190
(Exceptions) is granted.
The proposed location is within the PROW of local residential streets as identified in
the City's General Plan triggering the Findings for an Exception.
12 .18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
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way. All other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see subparagraph
(6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220 (State or Federal
Law).) Sections 12.18.080(6)(c) through (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 16Y2 feet above any drivable
road surface.
No portion of the antenna or equipment is less than 16%' above the drivable road
surface.
12 .18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The replacement streetlight pole will match the appearance, in terms of color, size
and dimensions of the existing pole and all other streetlight poles in the immediate
area.
12.18.080(A)(6)(f): Pole mounted equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension .
There will be no pole mounted equipment, excluding antennas. The related
mechanical equipment will be vaulted underground.
12. 18. 080(A)(6)0): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or hidden
to the fullest extent feasible .
All cables and wires will be routed directly into the pole with no loops or exposed
cables, and all cables will be clipped-up at the antenna.
12. 18. 080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
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The placement of the antennas on the side of the pole will occupy limited air space
above the right-of-way. The supporting mechanical equipment will be undergrounded
and the vault necessary to house the equipment measures approximately 43 square
feet of total surface area. This space is the least amount of space that is technically
feasible for equipment owned by AT&T. Furthermore, the space that will be occupied
is below the surface with minimum exhaust vents that will be flush to the surrounding
ground.
12. 18 .080(A)(8): Wind Loads. Each facility shall be properly engineered to withstand
wind loads as required by this code or any duly adopted or incorporated code. An
evaluation of high wind load capacity shall include the impact of modification of an
existing facility.
The proposed installation complies with all building codes related to wind loads.
12. 18 . 080(A)(9): Obstructions. Each component part of a facility shall be located so
as not to cause any physical or visual obstruction to pedestrian or vehicular traffic,
incommode the public's use of the right-of-way, or safety hazards to pedestrians and
motorists and in compliance with Section 17. 48.070 (Intersection Visibility) so as not
to obstruct the intersection visibility triangle.
The Project design, height and size, including the undergrounding of the mechanical
equipment, will not cause an obstruction to the public's use of the PROW, does not
constitute a safety hazard and/or does not interfere with the City-defined intersection
visibility triangle because replacement streetlight pole provides the same lighting,
and setback parameters applicable to other streetlight poles, and the related
mechanical equipment will be undergrounded.
12. 18. 080(A)(1 0): Public Facilities . A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure, or any other public
health or safety facility.
The installation, including the undergrounding of the mechanical equipment, will not
interfere with fire hydrants, fire stations, water lines or any other public health or
safety facilities as determined by the Public Works Department.
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12 . 18 . 080(A)(11 ): Screening. All ground-mounted facility, pole-mounted equipment,
or walls, fences, landscaping or other screening methods shall be installed at least
18 inches from the curb and gutter flow line.
The Project does not have pole-mounted equipment, excluding the antennas. The
related mechanical equipment will be undergrounded.
12.18.080(A)(12): Accessory Equipment. Accessory Equipment. Not including the
electric meter, all accessory equipment shall be located underground, except as
provided below.
The related accessory equipment, including the meter, will be located underground.
12 .18.080(A)(13): Landscaping. Where appropriate, each facility shall be installed
so as to maintain and enhance existing landscaping on the site, including trees,
foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained
by applicant where such landscaping is deemed necessary by the city to provide
screening or to conceal the facility.
The replacement pole and the vault are located on a sidewalk, and landscaping
will not be necessary .
12.18.080(A)(14): Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other sign age required by law or permitted by the
city.
The facility does not include any signs or advertising devices other than certification,
warning or other signage required by law.
12 . 18. 080{A)(15)(a-e): Lighting.
The facility does not include any such lighting other than the luminaire on the
streetlight pole, which the luminaire mast arm will be maintained at the existing
height.
C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
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This finding is not applicable as the proposed WTF antenna is proposed to be
installed on a replacement streetlight pole that's currently an existing infrastructure.
D. The Applicant has provided sufficient evidence supporting the Applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
federal law, or the Applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right of Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission (CPUC) which provides that the Applicant has been authorized to install
wireless telecommunications infrastructure in the PROW.
E. The Applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis to
show that all alternative locations and designs identified in the application
review process were technically infeasible or not available.
Alternative locations including the original location on Doverridge Drive were
studied, and many of these locations are far more visible and are in front of
residences. When compared to the alternative locations, the subject site is the
least visible in part because of tall mature trees . There are alternative antennas
available but, according to the Applicant, and as confirmed by the City's RF
Consultant, would require a greater number of facilities throughout the
community to provide equal coverage and capacity. This may require the
introduction of new pole structures where there are no streetlights or utility poles
and would likely require associated accessory equipment at every location. The
supporting mechanical equipment would be vaulted underground resulting in
meeting the objective of installing the least intrusive facility.
Other locations and designs, considered as part of the application process for
purposes of filling the coverage gap claimed by the Applicant, were found to be
more intrusive then the proposed Project for the reasons stated under Finding No.
3 of Section 12.18.190(8) of the Municipal Code, below.
Section 3: Because the Project is located within the PROW of a local residential
street as identified in the General Plan, approval of a WTFP also requires an exception
under Section 12.18 .190 of the Municipal Code. The Project meets the findings for an
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exception as required by Section 12.18.190(8) of the Municipal Code
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii).
The WTF meets the definition of "personal wireless services facility" as defined by
the United States Code.
2. The applicant has provided the City with a clearly defined technical service
objective and a clearly defined potential site search area.
The "technical service objective" identified by the Applicant in all application
documents is the coverage of a "significant gap" in service. This application
information was provided to the City's RF Consultant who reviewed the information,
as well as conducted both on-site walkouts of the area and a computerized terrain
study to determine if the proposed site will address a coverage gap as identified in
the application . Based on the terrain profile characteristics and the field
measurement data provided by Crown Castle, the City's consultant concluded that
the recommended location will address coverage deficiencies within the target area.
Furthermore, according to the City's RF Consultant, the Applicant has provided
engineering details related to the wireless bands that will be used for the DAS
deployment, including identifying transmitting equipment, power levels for each band
and specifics regarding the radiation patterns of the antennas to be installed.
However, information provided about existing and proposed coverage in the service
area for each of the three AT&T licensed wireless bands (700 MHz, PCS and AWS)
are less clearly defined; this is due to the terrain associated with the surrounding
landscape.
The consultant concluded that signal levels are lower than the levels industry
guidelines suggest to support modern 3G/4G customer needs. Notably, if
constructed, proposed revised ASG No. 36 will provide ample signal intensity to
support AT&T's 3G/4G wireless services in the target area.
3. The applicant has provided the City with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s) or
design(s) suggested by the city or otherwise identified in the administrative
record, including but not limited to potential alternatives identified at any
public meeting or hearing, are not technically feasible or potentially
available.
Every alternative site meets the RF coverage objective as confirmed by the City's RF
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Consultant. The alternative site analysis submitted by the Applicant demonstrates
that the project, as currently proposed, is likely the least intrusive location for the
wireless telecommunications facility in the immediate area. The original location,
along with the other alternatives are in densely developed residential neighborhood
and are more visible to pedestrians and motorists when compared to the proposed
location which is mostly hidden from because of the mature trees, adjacent slope
and the curvature of Shire Oaks Drive and Circlet Drive. The WTF is also being
proposed to be installed on a replacement streetlight pole that replaces existing
infrastructure. And while the proposed location is adjacent to a residential zone, the
proposed location does not interfere with any public or residential views .
Furthermore, because of the limited commercially zoned areas in the City and
limited collector or arterial streets, in order to provide coverage to the residential
areas of the City, it's necessary to locate within the right-of-way of local streets.
The City's technical consultants have reviewed the Applicant's documents and
support this conclusion .
4. The applicant has provided the city with a meaningful comparative analysis
that includes the factual reasons why the proposed location and design
deviates is the least noncompliant location and design necessary to
reasonably achieve the applicant's reasonable technical service objectives.
The Applicant has established, and the City's RF Consultant has confirmed, that to
meet its technical service objective, the proposed installation must be installed in a
residential zone. As the City consists primarily of residential zones, it's impossible
to avoid residential zones in order to effectively deploy an effective wireless network
in the area. Notably, the Applicant has provided a meaningful alternative
comparative analysis and the proposed Project is found to be the preferred design
by being installed on existing vertical infrastructure, adjacent to tall mature trees.
Section 4: Conditions regarding any of the requirements listed above which the
Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been included in the attached Exhibit A
Section 5: The Project is exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constitutes a small scale
installation of new a new facility (14 CCR § 15303(d)).
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally recommends that
the City Council approve the WTFP application for the proposed installation at adjacent
to 28716 Circlet Drive (ASG NO. 36).
P.C. Resolution No. 2018-18
Page 11 of 21
E-11
PASSED, APPROVED AND ADOPTED this 12th day of June 2018, by the
following vote:
AYES: COMMISSIONERS NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER LEON
Ara Mihranian , .LC
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2018-18
Page 12 of 21
E-12
General Conditions:
EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 36
ADJACENT TO 28716 CIRCLET DRIVE
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
P.C. Resolution No. 2018-18
Page 13 of 21
E-13
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 :00AM to 6:00PM , 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 7 AM 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 .
P.C. Resolution No. 2018-18
Page 14 of 21
E-14
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Inspector. All construction waste and
debris resulting from a construction, alteration or repair of the Project shall be
removed on a daily basis by the contractor or property owner.
14. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City (Public Works and Community Development Departments) with the effective
date of this Resolution.
15 . The mock-up shall be removed within seven (7) days after all appeal periods have
been exhausted.
Project-specific Conditions:
16. This approval allows for the following :
A. Install a WTF adjacent to 28716 Circlet Drive,
B. Decommission an existing 26'-6" tall streetlight pole with a replacement 37'
tall streetlight pole, as measured to the top pole, with antennas encased in
a canister shroud measuring 2' tall and 14.6" in diameter,
C. Maintain the height of the existing luminaire mast arm, and
D. Install vaulted underground mechanical equipment in the PROW.
17 . The proposed Project is subject to the following Conditions to the satisfaction of
the Director of Public Works and the Director of Community Development:
o The proposed WTF shall be installed on a replacement streetlight pole that
shall match other light standards in the area in terms of color, size,
proportion, style, and quality. The antenna canister shroud shall be
professionally painted and maintained to match the streetlight pole and
other streetlight poles located in the vicinity.
o The facility shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety; construction and operation of the facility
shall comport with a duly-approved traffic control plan as required.
P.C. Resolution No. 2018-18
Page 15 of 21
E-15
o Colors and materials shall be subdued and non-reflective, and shall be the
same as the existing light standard and other lights standards in the nearby
area.
o All cables and wires shall be directly routed to the pole and encased within
the pole, and hidden from view. No loops, exposed cables, splitters or
unsightly wires shall be permitted.
o No cable or wires shall be visible .
o All ground-mounted facilities including mechanical equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
18 inches from the curb and gutter flow line.
o All accessory equipment shall be located underground including meter
boxes and cabinets.
o The vault cover shall be painted gray to match the sidewalk color .
o The facility shall not bear any signs or advertising devices other than
certification, warning or other signage required by law or permitted by the
City.
o The facility shall not be illuminated except for the existing streetlight
luminaire, which the luminaire mast arm shall be maintained at the existing
height. All other illumination shall be restricted pursuant to RPVMC
§ 12.18.080(A)(15).
o Noise :
• Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00p.m. and 7:00a.m.
• At no time shall equipment noise from any facility exceed an exterior
noise level of 55 dBA three feet from the source of the noise if the
facility is located in the public right-of-way adjacent to a business,
commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any
property zoned residential or improved with a residential use, such
equipment noise shall not exceed 45 dBA three feet from the sources
of the noise. The foregoing noise level limitations shall govern
facilities subject to RPVMC Chapter 12.18.080(A)(16) until such time
P.C. Resolution No. 2018-18
Page 16 of 21
E-16
that a specific noise regulation ordinance is adopted and effective in
this code, at which time such noise ordinance shall govern.
o The facility shall be designed to be resistant to, and minimize opportunities
for, unauthorized access, climbing, vandalism, graffiti and other conditions
that would result in hazardous situations, visual blight or attractive
nuisances. The Public Works Director may require the provision of warning
signs, fencing, anti-climbing devices, or other techniques to prevent
unauthorized access and vandalism when, because of their location and/or
accessibility, a facility has the potential to become an attractive nuisance.
Additionally, no lethal devices or elements shall be installed as a security
device.
o Consistent with current state and federal laws and if permissible under the
same, at the time of modification of the facility, existing equipment shall, to
the extent feasible, be replaced with equipment that reduces visual, noise
and other impacts, including, but not limited to, undergrounding the
equipment and replacing larger, more visually intrusive facilities with
smaller, less visually intrusive facilities.
o The installation and construction of the facility shall begin within one year
after its approval or it will expire without further action by the City.
18. All wireless telecommunications facilities shall comply at all times with the following
operation and maintenance standards:
o Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the Applicant, owner, operator or any designated
maintenance agent within 48 hours:
• After discovery of the need by the Applicant, owner, operator or any
designated maintenance agent; or
• After Applicant, owner, operator or any designated maintenance
agent receives notification from the City.
19 Each Applicant of a wireless telecommunications facility shall provide the Public
Works Director with the name, address and 24-hour local or toll free contact phone
number of the Applicant, the owner, the operator and the agent responsible for the
maintenance of the facility ("contact information"). Contact information shall be
updated within seven days of any change.
P.C. Resolution No. 2018-18
Page 17 of 21
E-17
20 Prior to any construction activities, the Applicant shall submit a security instrument
(bond or letter of credit as approved by the City Attorney) in an amount determined
by the City to be sufficient to cover all potential costs (including removal costs)
listed herein or in the RPVMC.
21 Prior to permit issuance, the Applicant shall provide additional information to
establish that the proposed accessory equipment is designed to be the smallest
equipment technologically feasible. The City may consider equipment installed or
proposed to be installed in other jurisdictions.
22 All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or
camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
a . General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e . Missing, discolored or damaged artificial foliage or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter and debris;
g. Broken and misshapen structural parts; and
h. Any damage from any cause.
23 The Applicant shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was in
at the time of installation.
24 Each facility shall be operated and maintained to comply with all conditions of
approval. Each owner or operator of a facility shall routinely inspect each site to
ensure compliance with the same and the standards set forth in the RPVMC.
25 No person shall install, use or maintain any facility which in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety of persons
P.C. Resolution No. 2018-18
Page 18 of 21
E-18
or property, or when such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or when such facility
unreasonably interferes with or unreasonably impedes the flow of pedestrian or
vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street
furniture or other objects permitted at or near said location.
26 Unless California Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless pursuant
to another provision of the RPVMC or these Conditions of Approval, it lapses
sooner or is revoked. At the end of ten years from the date of issuance, such permit
shall automatically expire.
27 An Applicant may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the City's current Code requirements
for WTF's.
28 A WTF is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days unless the Applicant has obtained prior written approval from the
Director of Public Works, which shall not be unreasonably denied.
29 The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted sites)
within ten days of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice to the Director of
Public Works any discontinuation of operations of 30 days or more.
30 Failure to inform the Director of Public Works of cessation or discontinuation of
operations of any existing facility as required by this section shall constitute a
violation of any approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by the RPVMC or
Conditions of Approval of the permit;
P.C. Resolution No. 2018-18
Page 19 of 21
E-19
d . Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
e. Any other remedies permitted by law.
31 Upon the expiration date of the permit, including any extensions, earlier termination
or revocation of the permit or abandonment of the facility, the Applicant, owner or
operator shall remove its WTF and restore the site to its natural condition except
for retaining the landscaping improvements and any other improvements at the
discretion of the City. Removal shall be in accordance with proper health and
safety requirements and all ordinances, rules, and regulations of the City. The
facility shall be removed from the property, at no cost or expense to the City.
32 Failure of the Applicant, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of these
Conditions of Approval. Upon a showing of good cause, an extension may be
granted by the Public Works Director where circumstances are beyond the control
of the Applicant after expiration. Further failure to abide by the timeline provided in
this section shall be grounds for:
a. Prosecution;
b. Acting on any security instrument required by the RPVMC or these
Conditions of Approval;
c. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
d. Any other remedies permitted by law.
33 In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately without
advance notice or a hearing. Written notice of the removal shall include the basis
for the removal and shall be served upon the Applicant and person who owns the
facility within five business days of removal and all property removed shall be
preserved for the owner's pick-up as feasible. If the owner cannot be identified
P.C. Resolution No. 2018-18
Page 20 of 21
E-20
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.
P.C. Resolution No. 2018-18
Page 21 of 21
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/""r'CROWN
V~CASTLE
Crown Cc1stle
200 Spectrum Center 01-ive
Suite 1800
Irvine, CA 92618
RECEIVEC>
November 6, 2017 Nr ':/ 0 6 2017'
Emily Colborn, City Clerk
City Clerk's Office
COMMUN!: ': :)tSl'~tOPM[!!NT
DEi: .:,,HT!vif'.i>il
3 0940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Re: Crown Castle NG West LLC: Notice of Appeal of ASG-36-Across From 28907
Doverridge Dr
Dear Ms. Colborn,
Crown Castle NG West LLC ("Crown Castle") hereby appeals the Planning Commission's
October 24, 2017, adoption of a resolution of denial of the above-referenced Major Wireless
Telecommunications Facilities Permit application ("Denial"), pursuant to City of Rancho Palos Verde:;
Municipal Code ("RPVMC") section 12.18.060. D and 17.80.030.A ("Appeal"). This appeal is timely
under RPVMC section 17.80.030.
The Appeal rests on the following grounds, among others:
(1) The Denial prohibits, or has the effect of prohibiting, the provision of personal wireless
services in violation of 47 U.S.C. section 332 (c)(7)(B)(i)(II).
(2) The Denial is not supported by substantial evidence contained in a written record in
violation of47 U.S.C. section 332 (c)(7)(B)(iii).
(3) The Denial is based, in part, on the perceived enviromnental effects of radio frequency
emissions in violation of 47 U.S.C. section 332 (c)(7)(B)(iv).
(4) The Denial is unlawful, since it violates Crown Castle's vested right to deploy its
facilities in the public rights-of-way, in violation of Public Utilities Code section 7901.
The Denial exceeds the limited time, place and manner controls set forth by Public
Utilities Code section 7901.1.
Crown Castle reserves the right to supplement its reasons for the Appeal, and otherwise supplement the
administrative record with its own evidence and points of law up to the date of the City Council hearing on this
Appeal.
Very truly
MWS:mws
7125124. I
The Foundation for a Wireless World.
Crown Castle.com F-1
CROWN CASTLE USA INC.
2000 CORPORATE DRIVE
CANONSBURG PA 15317
724-416-2000
JPMorgan Chase Bank, N.A.
DALLAS TX
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