PC RES 2018-025 P. C. RESOLUTION NO. 2018-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING WITH CONDITIONS,
MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT
ASG NO. 39 TO ALLOW THE INSTALLATION OF ANTENNAS
ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN
DIAMETER MOUNTED ON REPLACEMENT STREETLIGHT POLE
NOT TO EXCEED 28' IN HEIGHT AS MEASURED TO THE TOP OF
THE ANTENNA CANISTER WITH VAULTED MECHANICAL
EQUIPMENT FOR A WIRELESS TELECOMMUNICATION FACILITY
AT THE NORTHWEST INTERSECTION OF GRAYSLAKE ROAD AND
MOSSBANK DRIVE ADJACENT TO 26851 GRAYSLAKE ROAD.
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 ("WTF5") in the
City's public right-of-way ("PROW") (RPVMC § 12.18.010);
WHEREAS, beginning in May of 2016, Crown Castle (the "Applicant") applied to
the City for an Wireless Telecommunications Facility Permit ("WTFP"), pursuant to
Section 12.18.040(A) of the Municipal Code, to install 26 antennas in the public right-of-
way (PROW) to service AT&T customers throughout the City including ASG No. 39
("Project") originally proposed on the north side of Grayslake Road adjacent to 26807
Grayslake Road;
WHEREAS, the Project called for the installation of two 24" side-mounted panel
antennas on a 28' tall replacement streetlight pole located on a local residential street;
WHEREAS, on March 13, 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;
WHEREAS, on March 13, 2018, after considering public testimony, the Planning
Commission continued the public hearing to March 28, 2018 to allow the Applicant time
to proceed with modifications to the facility in order to avoid view impacts identified in
Staff's analysis;
WHEREAS, on March 28, 2017, the Planning Commission, after considering public
testimony including the Applicant, continued the public hearing to date uncertain in order
to allow the Applicant additional time to consider other options including alternative
locations in order to avoid view impacts;
Resolution No. 2018-25
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WHEREAS, on July 31, 2018, the Applicant submitted plans proposing to relocate
the wireless facility to a replacement streetlight pole located on at the northwest
intersection of Grayslake Road and Mossbank Drive adjacent to 26851 Grayslake Road;
WHEREAS, on August 10, 2018, the required mock-up was installed and the
required mock-up notice was issued on the same day;
WHEREAS, on September 6, 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,
identifying the new revised location, pursuant to the requirements of the Rancho Palos
Verdes Municipal Code; and a notification was sent to list-serve subscribers, announcing
the September 25, 2018, Planning Commission meeting;
WHEREAS, the Project was found to be exempt from review under the California
Environmental Quality Act ("CEQA") because the Project constituted a small scale
installation of new a new facility (14 CCR § 15303(d));
WHEREAS, on September 25, 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 on the northwest intersection of Grayslake Road and Mossbank
Drive adjacent to 26851 Grayslake Road,
B. Decommission and remove an existing 31' tall streetlight pole to be replaced with
a 28' tall streetlight pole, as measured to the top of the canister, to accommodate
the installation of antennas encased in a canister measuring 2' tall and 14.6" in
diameter mounted on top of the replacement streetlight pole, and
C. Install vaulted underground mechanical equipment in the PROW.
D. Underground the existing overhead electrical feed serving the existing streetlight
pole.
Section 2: Approval of a WTFP is warranted because the Project meets the
findings required by Section 12.18.090 of the Municipal Code:
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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
August 10, 2018, property owners within 500' of the proposed facility were notified
of the WTF mock-up which will occur at least 30 days in advance of the scheduled
hearing date of September 25, 2018 any action on the Project. On September 6,
2018, a public notice announcing the September 25, 2018 public hearing was
provided to property owners within 500' of the proposed WTF and was published
in the Palos Verdes Peninsula News. On July 27, 2018, the Applicant provided the
City with a Shot Clock Tolling Agreement (See Attachment) establishing a new
Shot Clock Expiration date of November 24, 2018. The Applicant has notified the
City 20 days prior to the expiration of the shot clock for this application, which is
now November 24, 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.
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 28'
as measured from grade to the top of the canister. All cabling will be encased within
the canister and streetlight pole. The streetlight pole will match the existing
decommissioned streetlight pole, as well as other similar poles in the neighborhood.
All of the related mechanical equipment will be undergrounded in three vaults
measuring a total of approximately 43 square feet. Furthermore, the replacement
street light pole will be a foot shorter because the existing overhead power line will
be removed eliminating the need for the one foot tall cap on top of the pole that
receives the overhead power line.
The Project will not have any significant view impairment to surrounding properties
pursuant to Chapter 17.02.040 of the RPVMC. In terms of cumulative visual or view
impacts, a significant view impairment will not occur if other streetlight poles in this
location of the City were replaced to accommodate a similar WTF.
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12.18.080(A)(1)(b): Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage, disguise,
and/or blend into the environment, including landscaping, color, and other techniques
to minimize the facility's visual impact as well as be compatible with the architectural
character of the surrounding buildings or structures in terms of color, size, proportion,
style, and quality.
The proposed WTF will be affixed to a replacement street light pole that matches
other streetlight poles in the neighborhood in terms of color, size, proportion,
style, and quality. The canister will be painted a concrete color to match the
overall streetlight pole. All cables and wires will be routed directly into the pole
with no loops or exposed cables, and all cables will be clipped at the antenna-
meeting point and contained within the canister and the shroud that connects the
canister to the top of the pole. For this location, the canister installed to the top
of a replacement streetlight pole is an appropriate technique that disguises and
blends the facility into the environment.
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 canister's 14.6" diameter expands the width of the existing pole by
approximately 7" at the top. The additional 7" of width at the top of the pole does
not result in a significant view impairment from the viewing area of properties
located on Grayslake Road and Mossbank Drive. Furthermore, the elimination of
the overhead power line and the one foot reduction in the height of the pole further
minimize view impacts. For these reasons, the WTF will not create a significant
view impairment.
The Project does not result in a significant view impairment to surrounding
residences. The proposed WTF is not located in a view corridor identified in the
City's General Plan or Coastal Specific Plan.
12.18.080(A)(3): Traffic Safety. All facilities shall be designed and located in such a
manner as to avoid adverse impacts to traffic safety.
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The proposed Project involves a replacement streetlight pole with the installation of
antennas encased in a canister shroud that will be mounted to the top of a
replacement streetlight pole. No portion of the antenna will be over the drivable
road and the height of the streetlight pole with the canister will not distract motorists
or pedestrians. Additionally, the related mechanical equipment will be vaulted
underground to avoid traffic safety impacts.
12.18.080(A)(4): Blending Methods. All facilities shall have subdued colors and non-
reflective materials that blend with the materials and colors of the surrounding area
and structures.
The proposed replacement streetlight pole will consist of a color and material that
is subdued and non-reflective. Further, it will be the same as the existing streetlight
pole and other streetlight poles in the general area.
12.18.080(A)(5): Equipment. The Applicant shall use the least visible equipment
possible. Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Unless otherwise provided in this section,
antennas shall be situated as close to the ground as possible.
The Project includes the installation of antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter that will be mounted to the top of a
replacement streetlight pole with a 2' tall tapered shroud. The total height of the
streetlight pole with the antenna canister will not exceed a height of 28'. All related
mechanical equipment will be vaulted within the parkway with no equipment attached
to the exterior of the streetlight pole. The canister would be visible, but it would
visually screen the antenna and cables. In regards to collocation, in order to
accommodate additional antennas, the height of the streetlight pole would have to
be increased by approximately 5' to accommodate collocation because of the size
of the antennas and 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 always minimize visual impact.
12.18.080(A)(6)(a): Facilities shall be located consistent with Section 12.18.200
(Location Restrictions) unless an exception pursuant to Section 12.18.190
(Exceptions) is granted.
The proposed location is within the PROW of local residential street as identified in
the City's General Plan. As such, an exception must be approved by the Planning
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Commission. The findings necessary to grant an Exception are detailed further
below.
12.18.080(A)(6)(b): Only pole-mounted antennas shall be permitted in the right-of-
way. All other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see subparagraph
(6)(h) below and sections 12.18.190 (Exceptions) and 12.18.220 (State or Federal
Law).) Sections 12.18.080(6)(c) through (t) are not applicable.
The proposal meets this finding because it involves a replacement streetlight pole.
12.18.080(A)(6)(d): Light Poles. The maximum height of any antenna shall not
exceed four feet above the existing height of a light pole. Any portion of the antenna
or equipment mounted on a pole shall be no less than 16% feet above any drivable
road surface.
The antennas are proposed to be installed on an existing replacement streetlight pole
that is lower than the existing streetlight pole. No portion of the antenna or equipment
is less than 16W above the drivable road surface.
12.18.080(A)(6)(e): Replacement Poles. If an Applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed to resemble
the appearance and dimensions of existing poles near the proposed location,
including size, height, color, materials and style to the maximum extent feasible.
The proposed replacement street light pole will match the appearance, in terms of
color, height, size and dimensions of the existing and all other streetlight poles in
the immediate area. The replacement streetlight pole and related equipment, will
consist of a concrete finish to match the existing streetlight poles in the area.
12.18.080(A)(6)(t): 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 underground.
12.18.080(A)(6)(i): All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be camouflaged or hidden
to the fullest extent feasible.
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All cables and wires are required to be short, encased in the canister and the shroud,
and directly routed to the pole in order to be hidden from view with no loops, exposed
cables, splitters or unsightly wires. Furthermore, the existing above-ground power
line will be placed underground improving the aesthetic condition of the immediate
area.
12.18.080(A)(7): Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
The replacement streetlight pole is similar in dimension to the existing streetlight pole
and is approximately 1' shorter than the existing pole. The placement of the antenna
within the canister and the undergrounding of the existing power line 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.
Based on the information submitted by the Applicant, the Planning Commission 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.
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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 Project, 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.
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 within the parkway and will be
at least 18-inches from the curb and gutter flow line. No landscaping is proposed
around the replacement streetlight pole.
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.
As the mechanical equipment will be undergrounded below the sidewalk and the
replacement streetlight pole will be placed on the sidewalk with no landscaped
parkway, therefore no landscaping will be required for this wireless facility.
12.18.080(A)(14): Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law or permitted by the
city.
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The facility does not include any signs or advertising devices other than certification,
warning or other signage required by law.
12.18.080(A)(15)(a-e): Lighting.
The facility does not include any such lighting other than the luminaire on the light
pole.
C. If applicable, the Applicant has demonstrated its inability to locate on existing
infrastructure.
This finding is not applicable as the proposed WTF antenna is proposed to be
installed on a replacement streetlight pole that's currently an existing infrastructure.
D. The Applicant has provided sufficient evidence supporting the Applicant's
claim that it has the right to enter the public right-of-way pursuant to state or
federal law, or the Applicant has entered into a franchise agreement with the
city permitting them to use the public right-of-way.
The Applicant has submitted to the City a Right of Way Use Agreement (RUA)
entered into with the City in 2011, which allows the Applicant to install wireless
antennas in the PROW. Further, the Applicant has submitted a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission (CPUC)which provides that the Applicant has been authorized to install
wireless telecommunications infrastructure in the PROW.
E. The Applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible
and supported by factual evidence and a meaningful comparative analysis to
show that all alternative locations and designs identified in the application
review process were technically infeasible or not available.
Alternative locations were identified in the application review process. The revised
design, which includes the installation of antennas encased in a canister shroud
measuring 2' tall and 14.6" in diameter on a 28' tall replacement streetlight pole is
the least intrusive means of those alternatives. There are alternative antennas
available but, according to the Applicant, and as confirmed by the City's RF
Consultant, would require a greater number of facilities throughout the community
to provide equal coverage and capacity. This may require the introduction of new
pole structures where there are no streetlights or utility streetlight poles and would
P.C. Resolution No. 2018-25
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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'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. The Project meets
the findings for an Exception as required by Section 12.18.190(B) of the Municipal Code:
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii).
The WTF meets the definition of"personal wireless services facility" as defined
by the United States Code.
2. The applicant has provided the city with a clearly defined technical
service objective and a clearly defined potential site search area.
The "technical service objective" identified by the Applicant in all application
documents is the coverage of a "significant gap" in the service area along
Grayslake Road. 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 proposal as provided will address coverage deficiencies within
the target area. The Applicant has provided engineering details related to the
wireless bands that will be used for the DAS deployment, including identifying
transmitting equipment, power levels for each band and specifics regarding the
radiation patterns of the antennas to be installed.
Crown Castle has provided engineering measurement data defining gaps in
AT&T coverage in small pocketed areas. This has been independently examined
by the City's consultant who determined that the signal levels are lower than
industry recommended levels to support modern 3G/4G customer needs. The
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engineering design provided by Crown Castle supports that, if constructed, DAS
site ASG No. 39 will provide ample signal intensity (signal level in excess of-95
dBm) to support AT&T's 3G/4G wireless services.
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.
The Applicant has provided comparative analysis for possible similar antennas
on at the following three locations:
• Location A. Replacement of an existing 28' tall streetlight pole with a 28' tall
streetlight pole with two 24" side mounted panel antennas and related
mechanical equipment on the north side of north side of Grayslake Road
adjacent to 26807 Grayslake Road (this was the original proposal).
• Location B. Installation of a wireless facility on an existing utility streetlight
pole south side of Grayslake Road.
• Location C. Installation of panel or canister antennas on an existing street
sign (displaying parking restrictions) on the east side of Groveoak Place near
intersection with Grayslake Road.
• Location D. Installation of panel or canister antennas on an existing wood
utility light pole on the west side of Groveoak Place between Grayslake Road
and Hyte Road. This site was rejected in March 2018 because it resulted in
significant view impacts.
• Location Colo. An option for the antennas to be collocated with another
wireless facility on Springcreek Road, north of Mossbank Drive. This site is
not viable as it will self-interfere with neighboring network nodes (ASG Nos.
04 & 05).
Every alternative site meets the RF coverage objective as confirmed by the City's
RF Consultant except for the Collocation option. 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. Although the proposed location is visible from residences it
is not directly facing residences and it is screened to some degree by existing
vegetation. And while the proposed location is within a residential zone, the view
impairment is minor because the addition of a canister on top of a replacement
streetlight pole does not introduce new vertical infrastructure to the area and the
replacement streetlight pole will be lower than the existing pole and the above-
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ground power line will be placed underground. 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.
Further, other locations and designs were found to be more intrusive then the
proposed project as revised:
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 proposed WTF installation would be installed on a replacement streetlight
pole that would match other streetlight poles in the immediate area. The
proposed canister housing the antenna would be painted to match the existing
pole. The location is necessary to meet the Applicant's service objective, as
affirmed by the City's RF Consultant. As stated in the previous Finding, the
limited commercially zoned areas and limited number of collector or arterial
streets require the use of local residential streets in order to provide proper
coverage and capacity to various portions of the City. Thus, there are no
commercial zones within the signal reach of the identified gap.
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 approves Major Wireless
Telecommunication Facility Permit ASG No. 39, subject to conditions, allowing the
installation of antennas encased in a canister shroud on an replacement streetlight pole
located on the northwest intersection of Grayslake Road and Mossbank Drive adjacent
to 26851 Grayslake Road.
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PASSED, APPROVED AND ADOPTED this 25th day of September 2018,
by the following vote:
AYES: COMMISSIONERS LEON, SAADATNEJADI, PERESTAM, NELSON, VICE
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
21/1/
William J. J-me
Chairman
AU ' , AICP
Community Deve .pment Director; and,
Secretary of the Planning Commission
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Page 13 of 23
EXHIBIT "A"
CONDITIONS OF APPROVAL
WTF ASG NO. 39
NORTHWEST INTERSECTION OF GRAYSLAKE ROAD AND
MOSSBANK DRIVE ADJACENT TO 26851 GRAYSLAKE RD
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
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substantive change to the Project shall require approval of a revision by the final
body that approved the original Project, which may require new and separate
environmental review.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the Project pursuant to the RPVMC.
7. If the Applicant has not obtained approvals and/or permits from the Departments
of Public Works and/or Community Development for the approved Project or not
commenced the approved Project within one year of the final effective date of this
Resolution, approval of the Project shall expire and be of no further effect unless,
prior to expiration, a written request for extension is filed with the Community
Development Department and approved by the Director of Community
Development.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of
the Rancho Palos Verdes Development Code. During demolition, construction
and/or grading operations, trucks shall not park, queue and/or idle at the Project
site or in the adjoining street rights-of-way before 7AM Monday through Friday and
before 9AM on Saturday, in accordance with the permitted hours of construction
stated in this condition. When feasible to do so, the construction contractor shall
provide staging areas on-site to minimize off-site transportation of heavy
construction equipment. These areas shall be located to maximize the distance
between staging activities and neighboring properties, subject to approval by the
building official.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
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12. Prior to commencement work, the Applicant shall obtain approval of a haul route,
if applicable, from the Director of Public Works.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Inspector. All construction waste and
debris resulting from a construction, alteration or repair of the Project shall be
removed on a daily basis by the contractor or property owner.
14. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City (Public Works and Community Development Departments) with the effective
date of this Resolution.
15. The mock-up shall be removed within seven (7) days after all appeal periods have
been exhausted.
Project-specific Conditions:
16. This approval allows for the following:
A. Install a WTF on the northwest intersection of Grayslake Road and Mossbank
Drive adjacent to 26851 Grayslake Road;
B. Decommission and remove an existing 31' tall streetlight pole to be replaced
with a 28' tall streetlight pole, as measured to the top of the canister, to
accommodate the installation of antennas encased in a canister measuring 2'
tall and 14.6" in diameter mounted on top of the replacement streetlight pole;
C. Install vaulted underground mechanical equipment in the PROW; and,
D. Underground the existing overhead electrical feed serving the existing
streetlight pole.
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 wireless facility shall be professionally
painted and maintained to match the streetlight pole and other streetlight
poles located in the immediate neighborhood.
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o The facility shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety; construction and operation of the facility
shall comport with a duly-approved traffic control plan as required.
o Prior to installation, the Director shall be authorized to approve a slimmer
design canister.
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 shroud, 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" 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 be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs, unless the
trimming of existing foliage is deemed necessary for the operation of the
wireless facility. The Director of Community Development shall determine
the extent of trimming of existing foliage to maintain adequate screening of
the wireless facility. This Project shall not require the installation of new
landscaping.
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. All other illumination shall be restricted pursuant to RPVMC
§12.18.080(A)(15).
o Noise:
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• Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00 p.m. and 7:00 a.m.
• At no time shall equipment noise from any facility exceed an exterior
noise level of 55 dBA three feet from the source of the noise if the
facility is located in the public right-of-way adjacent to a business,
commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any
property zoned residential or improved with a residential use, such
equipment noise shall not exceed 45 dBA three feet from the sources
of the noise. The foregoing noise level limitations shall govern
facilities subject to RPVMC Chapter 12.18.080(A)(16) until such time
that a specific noise regulation ordinance is adopted and effective in
this code, at which time such noise ordinance shall govern.
o The facility shall be designed to be resistant to, and minimize opportunities
for, unauthorized access, climbing, vandalism, graffiti and other conditions
that would result in hazardous situations, visual 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:
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• 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.
20. Prior to any construction activities, the Applicant shall submit a security instrument
(bond or letter of credit as approved by the City Attorney) in an amount determined
by the City to be sufficient to cover all potential costs (including removal costs)
listed herein or in the RPVMC.
21. Prior to permit issuance, the Applicant shall provide additional information to
establish that the proposed accessory equipment is designed to be the smallest
equipment technologically feasible. The City may consider equipment installed or
proposed to be installed in other jurisdictions.
22. All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or
camouflage, and the facility site shall be maintained in good condition, including
ensuring the facilities are reasonably free of:
a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e. Missing, discolored or damaged artificial foliage or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter and debris;
g. Broken and misshapen structural parts; and
h. Any damage from any cause.
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23. Applicant shall install, to the satisfaction of the Public Works Director or Director
of Community Development, landscaping near the proposed installation of the
vaulted accessory equipment to screen the vaulted equipment consistent with
existing landscaping prior to final inspection.
24. All trees, foliage or other landscaping elements approved as part of the facility
shall be maintained in good condition at all times, and the Applicant, owner and
operator of the facility shall be responsible for replacing any damaged, dead or
decayed landscaping. No amendment to any approved landscaping plan may be
made until it is submitted to and approved by the Public Works Director or the
Director of Community Development. The installation of new landscaping shall
not be required for this Project.
25. The Applicant shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was
in at the time of installation.
26. Each facility shall be operated and maintained to comply with all conditions of
approval. Each owner or operator of a facility shall routinely inspect each site to
ensure compliance with the same and the standards set forth in the RPVMC.
27. No person shall install, use or maintain any facility which in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety of persons
or property, or when such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or when such facility
unreasonably interferes with or unreasonably impedes the flow of pedestrian or
vehicular traffic including any legally parked or stopped vehicle, the ingress into
or egress from any residence or place of business, the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street
furniture or other objects permitted at or near said location.
28. Unless California Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless
pursuant to another provision of the RPVMC or these Conditions of Approval, it
lapses sooner or is revoked. At the end of ten years from the date of issuance,
such permit shall automatically expire.
29. An Applicant may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the City's current Code requirements
for WTF's.
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30. A WTF is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days unless the Applicant has obtained prior written approval from
the Director of Public Works, which shall not be unreasonably denied.
31. The operator of a facility shall notify the City in writing of its intent to abandon or
cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten days of ceasing or abandoning use. Notwithstanding any other
provision herein, the operator of the facility shall provide written notice to the
Director of Public Works any discontinuation of operations of 30 days or more.
32. Failure to inform the Director of Public Works of cessation or discontinuation of
operations of any existing facility as required by this section shall constitute a
violation of any approvals and be grounds for:
a. Litigation;
b. Revocation or modification of the permit;
c. Acting on any bond or other assurance required by the RPVMC or
Conditions of Approval of the permit;
d. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
e. Any other remedies permitted by law.
33. Upon the expiration date of the permit, including any extensions, earlier
termination or revocation of the permit or abandonment of the facility, the
Applicant, owner or operator shall remove its WTF and restore the site to its
natural condition except for retaining the landscaping improvements and any
other improvements at the discretion of the City. Removal shall be in accordance
with proper health and safety requirements and all ordinances, rules, and
regulations of the City. The facility shall be removed from the property, at no cost
or expense to the City.
34. Failure of the Applicant, owner or operator to promptly remove its facility and
restore the property within 90 days after expiration, earlier termination or
revocation of the permit, or abandonment of the facility, shall be a violation of
these Conditions of Approval. Upon a showing of good cause, an extension may
be granted by the Public Works Director where circumstances are beyond the
P.C. Resolution No. 2018-25
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control of the Applicant after expiration. Further failure to abide by the timeline
provided in this section shall be grounds for:
a. Prosecution;
b. Acting on any security instrument required by the RPVMC or these
Conditions of Approval;
c. Removal of the facilities by the City in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's or permitee's expense; and/or
d. Any other remedies permitted by law.
35. In the event the Public Works Director or City Engineer determines that the
condition or placement of a WTF located in the public right-of-way constitutes a
dangerous condition, obstruction of the public right-of-way, or an imminent threat
to public safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Director or City
Engineer may cause the facility to be removed summarily and immediately
without advance notice or a hearing. Written notice of the removal shall include
the basis for the removal and shall be served upon the Applicant and person who
owns the facility within five business days of removal and all property removed
shall be preserved for the owner's pick-up as feasible. If the owner cannot be
identified following reasonable effort or if the owner fails to pick-up the property
within 60 days, the facility shall be treated as abandoned property.
36. In the event the City removes a facility in accordance with nuisance abatement
procedures or summary removal, any such removal shall be without any liability
to the City for any damage to such facility that may result from reasonable efforts
of removal. In addition to the procedures for recovering costs of nuisance
abatement, the City may collect such costs from the performance bond or
security instrument posted and to the extent such costs exceed the amount of
the security instrument, collect those excess costs in accordance with the
RPVMC. Unless otherwise provided herein, the City has no obligation to store
such facility. Neither the Applicant, owner nor operator shall have any claim if the
city destroys any such facility not timely removed by the permitee, owner or
operator after notice, or removed by the City due to exigent circumstances.
37. Consistent with current state and federal laws and if permissible under the same,
at the time of modification of a WTF, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other
impacts, including, but not limited to, undergrounding any equipment installed
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above ground and replacing larger, more visually intrusive facilities with smaller,
less visually intrusive facilities.
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