20241015 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
v~
.p() ... "' CITY OF ~ ~ RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
OCTOBER 15, 2024
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and /or amendments to the agenda material presented
for tonight's meeting.
Item No.
1
Description of Material
Ema il from Pau l A lb ritto n
Respectfu lly submitted,
LILA TE CORRESPONDENCE\202412024 Coversheets\20241015 additions revisions to agenda .docx
Subject: FW: Verizon Wireless Suggestions, Council Agenda Item 1, October 15 [Rancho Palos
Verdes]
Attachments: Verizon Wireless Letter 10.14.24.pdf
From: Paul Albritton <pa@mallp.com>
Sent: Monday, October 14, 2024 5:04 PM
To: John Cruikshank <John.Cruikshank@rpvca.gov>; Eric Alegria <Eric.Alegria@rpvca.gov>; David Bradley
<david.bradley@rpvca.gov>; Barbara Ferraro <barbara.ferraro@rpvca.gov>; Paul Seo <paul.seo@rpvca.gov>
Cc: Elena Gerli <egerli@awattorneys.com>; Christy M. Lopez <clopez@awattorneys.com>; CC <CC@rpvca.gov>
Subject: Verizon Wireless Suggestions, Council Agenda Item 1, October 15 [Rancho Palos Verdes]
Dear Councilmembers, attached please find our letter prepared on behalf of Verizon Wireless
regarding wireless telecommunications coverage in the City, to be discussed during your meeting
tomorrow (Item 1 ). We provide suggestions regarding licensing of small cells on City-owned
streetlight poles as well as needed Code revisions that will encourage deployments.
Thank you.
Paul Albritton
Mackenzie & Albritton, LLP
155 Sansome Street, Suite 620
San Francisco, California 94104
(415) 288-4000
pa@mallp.com
1 I
MACKENZIE & ALBRITTON LLP
155 SANSOME STREET, SUITE 620
SAN FRANCISCO, CALIFORNIA 94104
VIA EMAIL
Mayor John Cruikshank
Mayor Pro Tern Eric Alegria
Councilmembers David L. Bradley,
Barbara Ferraro, and Paul Seo
Rancho Palos Verdes City Council
30940 Hawthorne Boulevard
TELEPHONE 415 / 288-4000
FACSIMILE 4l5/288-4010
October 14, 2024
Rancho Palos Verdes, California 90275
Re: Wireless Telecommunications Coverage
City Council Agenda Item 1, October 15, 2024
Dear Mayor Cruikshank, Mayor Pro Tern Alegria, and Councilmembers:
We write on behalf of Verizon Wireless to recommend several strategies that will
encourage wireless carriers to install new facilities in Rancho Palos Verdes. Critically, the
City's policy framework for wireless facilities discourages the deployment of larger
"macro" wireless facilities. Macro facilities generally include batteries, generators, or
generator quick-connect plugs, are they are essential for resiliency of wireless networks
during disasters and public safety power shutoffs. Small cells, which are the primary focus
of the Council's meeting, are important to network connectivity, but cannot be the sole
deployment strategy because they do not provide the resiliency that the City so direly needs.
New network infrastructure is essential to address service issues in the City and to
meet rapidly-increasing demand for data. The City should work with carriers to develop
a master license agreement ("MLA") for new facilities on the City's recently-acquired
streetlight poles, and exempt these from permit requirements. The Municipal Code (the
"Code") should be revised to streamline permitting of facilities in the right-of-way and on
private property. Unusual Code requirements that add cost and delay should be
eliminated, and design standards should be revised to accommodate typical designs for
small cells and macro facilities. Verizon Wireless is willing to work cooperatively with
City officials, and looks forward to a follow-up meeting with staff to discuss an MLA and
Code revisions.
Verizon Wireless provides the following initial recommendations.
Master license agreement. Following the purchase from Southern California Edison
("SCE"), the City owns about 80 percent of the streetlight poles. The City can provide
access for new wireless facilities on its streetlights through an MLA with wireless
carriers. An MLA would include a City approval process and design standards, so there
Rancho Palos Verdes City Council
October 14, 2024
Page 2 of 4
is no reason to duplicate those requirements in a separate permit process. Rancho Palos
Verdes should follow the lead of cities such as Los Angeles that exempt wireless
facilities on poles they own in the right-of-way from permit requirements. The City
should also consider a license agreement and permit exemption for facilities on City-
owned buildings and properties.
Right-of-Way Code (Chapter 12.18)
Chapter 12.18 imposes numerous burdensome requirements, and we provide a few
examples below. Verizon Wireless appreciates the recent Code revision allowing
increased antenna height on streetlight poles.1
If facilities on City-owned streetlights under an MLA are exempt, permit requirements
would apply to SCE-owned streetlights, utility poles, and new poles installed and owned
by wireless carriers. Verizon Wireless can provide example designs for these pole types
to serve as the basis for feasible standards.
Accessory equipment above ground. The Code requires placement of small cell
accessory equipment underground or fully-enclosed within replacement poles unless
technically infeasible.2 However, both of those options are generally infeasible and
burdensome. There are already numerous facilities along City streets with pole-mounted
radios, and the City should allow this outright, without special requirements to prove
infeasibility.
Objective standards. To provide clear direction to applicants, City staff, and decision-
makers, the Code should rely on objective standards. The current subjective criteria such
as "least visible means," "compatible with support structure/surroundings," and as
"unobtrusive as possible"3 could lead to denial of otherwise-compliant facilities,
frustrating applicants and materially inhibiting service improvements in conflict with
Federal Communications Commission regulations.4
Residential streets. The Code location preferences should be revised to allow facilities
along local roads in residential districts,5 where numerous facilities were installed in past
years. This would allow for increased network coverage and capacity in critical areas
where needed.
New poles. The City should allow wireless carriers to place and own new poles, as
allowed by state law,6 with no requirement to install a streetlight fixture, which is not a
functional requirement for wireless service. The limit of a base equipment enclosure to
1 Ordinance 676, December 5, 2023.
2 Code§ 12.18.070(A)(l l).
3 Code§§ 12.18.070(A)(l), 12.18.070(A)(8), 12.18.070(A)(ll).
4 In Re: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment,
Declaratory Ruling and Third Report and Order, 33 FCC Red. 9088, ~~ 37-40 (FCC 2018).
5 Code§ 12.18.080(A)(2).
6 California Public Utilities Code § 7901.
Rancho Palos Verdes City Council
October 14, 2024
Page 3 of 4
16 inches in diameter should be expanded to 2 feet square, to provide space for required
network equipment, cables, worker access, and air circulation.7
Private Property Code (Chapter 17. 73)
Feasible height limits. The general 16-foot height limit in any zone, especially
commercial and institutional zones, is far too low, and arbitrary as applied to wireless
technology. 8 Limiting facility height reduces service coverage footprints, and therefore
more wireless facilities are required to serve the City. A typical facility would always
need approval of a burdensome exemption from height limits, so the exception would be
rule.9 To allow broad signal propagation, the City should allow a concealed wireless
facility to extend up to 15 feet over rooftop height, or for ground-mounted facilities at the
absolute minimum to adhere to the underlying height limits of the applicable zone.
Photosimulations, not mock-ups. Another atypical requirement, mock-up facilities
impose significant costs for applicants. 10 The Code already requires photosimulations,
which provide sufficient visual representation of a proposed facility.11
Voluntary community meetings. A mandatory community meeting 12 adds delay and is
unnecessary because a noticed Planning Commission hearing provides an opportunity for
the public to provide written and oral comment. Community meetings should be
voluntary.
Various Code requirements such as community meetings add delay to the permit
process, and could cause the City to miss the federal "Shot Clock" time period for a
decision, which is 60 days for small cells on existing structures, 90 days for small cells on
new structures, 90 days for typical building-mounted facilities, and 150 days for new
towers.13 If the City misses the Shot Clock, an application is deemed approved pursuant
to state law.14
Verizon Wireless is willing to work with City officials to develop a reasonable
master license agreement and revise burdensome Code requirements, if the City Council
is committed to cooperation. To facilitate discussions, Verizon Wireless can provide
example facility designs, other technical information, and detailed Code suggestions. We
look forward to the follow-up meeting with City staff and wireless industry stakeholders.
Very truly yours,
~dd..i=
./ Paul B. Albritton
7 Code§ 12.18.070(A)(l6).
8 Code§§ 17 .73.030(A)(l), 17 .73.210(C)(l)(h).
9 Code§ 17.73.Q70.
1° Code§ 17.73.040(B)(l4).
11 Code§ 17.73.040(B)(9).
12 Code§ 17.73.040(B)(l9).
13 47 U.S.C. § 332(c)(7)(B)(ii); 47 C.F.R. § 1.6003.
14 Government Code§ 65964.1.
Rancho Palos Verdes City Council
October 14, 2024
Page 4 of 4
cc: Elena Q. Gerli, Esq.
Christy Lopez, Esq.
Brandon Mesker
Ramzi Awwad
Ara Mihranian