PC RES 2019-021 P.C. RESOLUTION NO. 2019-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES THEREBY AMENDING
CONDITION NOS. 15(C) AND 16 OF P.C. RESOLUTION NO. 2017-
31 TO ALLOW THE PLACEMENT OF MECHANICAL EQUIPMENT
ASSOCIATED WITH THE WIRELESS FACILITY IN AN ABOVE-
GROUND CABINET FOR MAJOR WIRELESS
TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 55
LOCATED AT 30001 AND 30002 VIA RIVERA
WHEREAS, on September 21, 2017, the Planning Commission, after considering
public testimony, adopted P.C. Resolution No. 2017-31, approving Major Wireless
Telecommunications Facility ASG No. 55 on a vote of 6-0-1 (with then-Commissioner
Tomblin absent)to allow the installation of a wireless telecommunication facility consisting
two side-mounted 21.4" panel antennas flush-mounted to a 26' tall replacement street
light pole with the installation of vaulted mechanical equipment; and,
WHEREAS, on May 1, 2018, after receiving construction permit to install the
wireless facility, the project contractor discovered a water and telephone line at the
proposed location of the underground vault. Dig Alert was conducted confirming the
locations of telephone, water, electrical, gas, cable television and sewer utility lines within
the public right-of-way (PROW). The Applicant explored alternative locations to install the
vault, including a shallower vault, but in all cases the location of the vault was found to be
infeasible; and,
WHEREAS, on October 23, 2018, the Planning Commission was scheduled to
consider the Applicant's request to place the mechanical equipment in an above-ground
cabinet, but continued the public hearing to date uncertain at the Applicant's request to
allow additional time to explore alternative locations; and,
WHEREAS, the Applicant submitted revised and updated information
demonstrating that existing utility infrastructure located on both sides of Via Rivera within
a 470' radius of the Planning Commission-approved wireless facility make it infeasible to
place the mechanical equipment within an underground vault, and renewed its request
that the Planning Commission consider allowing an above-ground equipment cabinet;
and,
WHEREAS, the City's Public Works Department completed a comprehensive
analysis of the Applicant's request to explore viable alternative locations to allow the
equipment to remain within an underground vault. The analysis confirmed that existing
utility lines Via Rivera make it infeasible to place the mechanical equipment within a vault;
and,
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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)); and,
WHEREAS, on July 23, 2019, the Planning Commission held a public hearing to
reconsider the Applicant's request to amend Conditions 15(C) and 16 of P.C. Resolution
No. 2017-31, 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: All previous adopted findings made and discussed in P.C. Resolution
No. 2017-31 shall remain in full force and effect, and remain applicable with the placement
of the mechanical equipment in an above-ground cabinet because the wireless facility
continues to represent the least intrusive means of addressing the coverage gap.
Section 2: The undergrounding of the mechanical equipment has been found to
be infeasible, and the above-ground cabinet, as conditioned, complies with the provisions
of§ 12.18.070(C)(11) and § 12.18.080 of the Rancho Palos Verdes Municipal Code.
Section 3: Existing utility lines including water, telephone, electrical, gas, cable
television, and sewer that run adjacent to curb and underneath the sidewalk along the Via
Rivera precludes the installation of the vault at and within a 470' radius of the wireless
facility.
Section 4: Revisions to Condition Nos. 15(C) and 16 of P.C. Resolution No.
2017-31 shall ensure that the above-ground cabinet supporting the mechanical
equipment associated with the wireless facility is adequately screened and limited in size
in accordance to the Design and Development Standards of §12.18.080(A)(12) of the
Rancho Palos Verdes Municipal Code.
Section 5: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must
be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on
Wednesday, August 7, 2019. A $2,275.00 appeal fee must accompany any appeal letter.
If no appeal is filed in a timely manner, the Planning Commission's decision will be final
at 5:30 PM on August 7, 2019.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes
hereby conditionally approves amending P.C. Resolution No. 2017-31 to allow the
installation of above-ground mechanical equipment (49.1" high, 22.6"wide, and 16" deep)
P.C. Resolution No. 2019-21
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approximately 8' from the back of the curb associated with Major Wireless
Telecommunications Facility ASG No. 55.
PASSED, APPROVED AND ADOPTED this 23rd day of July 2019, by the following vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI,
PERESTAM, AND VICE-CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: CHAIRMAN BRADLEY
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Gordon Leon
Vice-Chairman
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Ara MI
Community Development Director
Secretary to the Planning Commission
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P.C. RESOLUTION NO. 2019-21
(REVISION TO P.C. RESOLUTION NO. 2017-31)
EXHIBIT "A"
CONDITIONS OF APPROVAL
MAJOR WIRELESS TELECOMMUNICATION FACILITIES PERMIT ASG NO. 55
LOCATED AT 30001 AND 30002 VIA RIVERA
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
P.C. Resolution No. 2019-21
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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 from Public Works 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
Public Works Department and approved by the Director.
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, 9:00 AM to 5:00 PM 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 7:00 AM Monday through Friday
and before 9:00 AM 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
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 project shall be removed
on a weekly basis by the contractor or property owner.
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14. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this Resolution.
Project-specific Conditions:
15. This approval allows for the following:
A. Installation of a Wireless Telecommunication Facility WTF at 30001 and
30002 Via Rivera.
B. Removal of an existing 25' tall marbelite street light with a mast arm and
luminaire to be decommissioned and replaced with a 26' (total pole height)
tall streetlight pole with two side-mounted 21.4" panel antennas that are
flush-mounted with clipped-up cables to the new streetlight pole,
C. • •. • . • -- — . •. • • —• — ea,
Installation of an above-ground mechanical equipment cabinet measuring
approximately 3W in height as measured from pre-construction grade,
22.6" wide and 16" in depth as measured from adjacent grade. The above-
ground cabinet shall be set back no less than 2' from the street curb as deemed
acceptable by the Director; and,
16. The proposed project is subject to the following Conditions to the satisfaction of
the Director of Public Works and the Director of Community Development:
• The proposed WTF shall be installed on a new light standard that matches
the other light standards in the area in terms of color, size, proportion, style,
and quality. The antenna panels and any related exposed structures shall
be professionally painted and maintained to match the light pole.
• The Applicant shall install landscaping near the proposed installation to
screen the equipment consistent with existing landscaping.
• 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.
• 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.
• The replacement pole shall match the appearance and dimensions of the
existing pole and all other light standards near the location.
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• All cables and wires shall be directly routed to the pole, clipped-up and
encased within the pole, and otherwise hidden from view. No loops,
exposed cables, splitters or unsightly wires shall be permitted.
• All ground-mounted facilities including the pole, landscaping or other
screening methods shall be installed at least 18 inches from the curb and
gutter flow line.
• All accessory equipment including meter boxes and cabinets shall be
located within an above-ground cabinet that shall be painted "dark green"
or other material as deem acceptable by the Director and screened with
additional landscaping to be maintained by the Applicant. undergfound
• The facility shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs. Additional
landscaping shall be planted, irrigated and maintained by Applicant where
such landscaping is feasible and deemed necessary by the City to provide
screening or to conceal the facility.
• 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.
• The facility shall not be illuminated except for the standard street-light
luminaire replacing the existing street light. All other illumination shall be
restricted pursuant to RPVMC § 12.18.080(A)(15).
• Noise:
• Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or
between the hours of 7:00 p.m. and 7:00 a.m.
• At no time shall equipment noise from any facility exceed an exterior
noise level of 55 dBA three feet from the source of the noise if the
facility is located in the public right-of-way adjacent to a business,
commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any
property zoned residential or improved with a residential use, such
equipment noise shall not exceed 45 dBA three feet from the sources
of the noise. The foregoing noise level limitations shall govern
facilities subject to RPVMC Chapter 12.18.080(A)(16) until such time
that a specific noise regulation ordinance is adopted and effective in
this code, at which time such noise ordinance shall govern.
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• 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.
• 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.
• 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.
17. All wireless telecommunications facilities shall comply at all times with the following
operation and maintenance standards:
• Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent within 48 hours:
• After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
• After permittee, owner, operator or any designated maintenance agent
receives notification from the city.
18. Each permittee 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 permittee, 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.
19. Prior to any construction activities, the permittee 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 listed herein or in the RPVMC.
20. The permittee shall provide additional information to establish that the proposed
accessory equipment is designed to be the smallest equipment technologically
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feasible. The City may consider equipment installed or proposed to be installed in
other jurisdictions.
21. 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.
22. Applicant shall install, to the satisfaction of the Public Works Director or Director of
Community Development, drought tolerant landscaping near the proposed
installation of the vaulted accessory equipment to screen the equipment consistent
with existing landscaping prior to final inspection.
23. All trees, foliage or other landscaping elements approved as part of the facility shall
be maintained in good condition at all times, and the permittee, 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.
24. The permittee 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.
25. 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.
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26. 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.
27. 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.
28. A permittee 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
WTFs.
29. 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 permittee has obtained prior written approval from the
director which shall not be unreasonably denied. If there are two or more users of
a single facility, then this provision shall not become effective until all users cease
using the facility.
30. 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 any
discontinuation of operations of 30 days or more.
31. Failure to inform the City 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 this article or conditions
of approval of the permit;
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d. Removal of the facilities by the city in accordance with the procedures
established under the RPVMC for abatement of a public nuisance at the
owner's expense; and/or
e. Any other remedies permitted by law.
32. Upon the expiration date of the permit, including any extensions, earlier termination
or revocation of the permit or abandonment of the facility, the permittee, 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.
33. Failure of the permittee, 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 permittee 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 conditions of
approval of permit;
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 expense; and/or
d. Any other remedies permitted by law.
34. 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 permittee 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.
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35. 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 posted and to the
extent such costs exceed the amount of the performance bond, collect those
excess costs in accordance with the RPVMC. Unless otherwise provided herein,
the City has no obligation to store such facility. Neither the permittee, 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.
36. 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 the equipment and replacing larger,
more visually intrusive facilities with smaller, less visually intrusive facilities.
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