M E M O R A N D U M Agenda Item #: 10 Meeting Date: 01/24/17 TO: THRU: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ANTON DAHLERBRUCH, CITY MANAGER /s/ SHERI REPP-LOADSMAN, DEPUTY CITY MANAGER/ PLANNING AND BUILDING DIRECTOR /s/ REQUEST TO APPEAL PLANNING COMMISSION APPROVAL OF WT-142-15; WIRELESS TELECOMMUNICATION FACILITIES APPLICATION FOR CONSIDERATION OF TWO ALTERNATIVE LOCATIONS FOR NEW EQUIPMENT WITHIN THE CITY RIGHT- OF-WAY EITHER ACROSS FROM 3912 PALOS VERDES DRIVE NORTH IN THE VALMONTE PLAZA PARK OR IN THE CENTER MEDIAN OF PALOS VERDES DRIVE NORTH APPELLANT: APPLICANT: TERRI TSUCHIDA 3865 PALOS VERDES DRIVE NORTH PALOS VERDES ESTATES, CA 90274 CROWN CASTLE NG WEST LLC 300 SPECTRUM CENTER DR. SUITE 1200 IRVINE, CA 92618 DATE: JANUARY 24, 2017 The Issue Should the City Council affirm the Planning Commission s decision to approve WT-142-15; Wireless Telecommunication Facilities application for new equipment within the City rightof-way within the center median on Palos Verdes Drive North? Background The application proposes two alternatives for a wireless telecommunication facility, of which, the Planning Commission ultimately approved Option 2:
Option 1: Across from 3912 Palos Verdes Drive North in Valmonte Plaza The application proposes to replace an existing bus stop metal sign pole with a 17 ft. high steel pole with two antennas on top. The cabinet, which will include the distributed antenna system (DAS) nodes (aka ION nodes) and power meter, is proposed next to the pole. The proposed pole is located in the park between two mature trees, close to the street. This area is utilized as a bus stop location. Single family homes are located across the street to the west, across the street to the south, and to the north. The proposed pole is located approximately 85 ft. south of the closest residence at 3901 Palos Verdes Drive North. Option 2: In the Center Median on Palos Verdes Drive North: The application proposes to replace an existing wood pole that includes a sign stating no horses on pedestrian pathway with a 14 ft. high steel pole with two antennas on top in the center median of Palos Verdes Drive North. The DAS nodes (aka ION nodes) will be placed on the pole and the power meter will be located near existing shrubbery. The pole is approximately 35 feet to the north of the existing traffic pole that includes the keep right sign at the edge of the center median. There are residential homes on both sides of the center median. The median is utilized as a pedestrian path/trial as well as a horse path. There are existing trees and shrubbery within the center median. The proposed pole is located approximately 80 ft. east of the closest residence at 3809 Palos Verdes Drive North. Crown Castle also identifies two other potential locations in their coverage maps that would meet their coverage objectives, which include the replacement of the traffic pole sign at the edge of the center median and the replacement of the existing stop and street sign pole at the corner of Via Valmonte and Palos Verdes Drive North. These options are not mocked up, but photo simulations have been provided. Crown Castle has submitted 23 applications proposing to install a DAS network in the City right-of-ways. Of the 23 locations, 22 are new sites and 1 is a modification to an existing site at Bluff Cove. The intended wireless carrier is AT&T. This project is also identified as ASG61 on the submitted plans. A chart identifying the Crown Castle proposed locations and status of application is provided in Attachment F. To date, 11 locations within the public rights-of-way and 1 location within parklands have been approved. One location in the 2
public rights-of-way has been denied. In addition to this appeal, 1 location within the public rights-of-way (CDP-102-15/WT-133-15) is pending on appeal. There are State and Federal laws that provide for how cities can regulate wireless carriers. Cities have reasonable time, place and manner controls about how cell sites are installed in the public rights-of-way. A Wireless Telecommunications Facilities Fact Sheet, provided in Attachment G, provides further information on the City s ordinance and standards for review of applications. Project History On October 22, 2014, the Planning Commission reviewed preliminary applications for 18 potential wireless telecommunication facilities submitted by the applicant. The purpose of preliminary applications are for the applicant to obtain informal feedback in preparation of a formal application submittal, as such, no formal action was taken. The preliminary applications reflected different designs with each pole varying in height and the type of equipment. Concerns were raised regarding the color, height, and aesthetics of the potential wireless telecommunication facilities. In general, the Planning Commission supported the pole design in which road signs were utilized to eliminate the need for separate poles and allow the antennas to be less noticeable. In addition, the Planning Commission encouraged that the poles located in open space areas be pushed further back into mature vegetation. The Planning Commission did express concerns with the taller poles that were in residential neighborhoods. A formal application was reviewed at the March 15, 2016, May 17, 2016, October 5, 2016, and November 15, 2016 Planning Commission meetings. At the March 15, 2016 meeting, the only option presented to the Planning Commission was the location at the park to replace the existing bus stop sign. It was discussed that PV Transit expressed no concerns and the pole could be lowered from 17 ft. to 14 ft. The Planning Commission directed the applicant to evaluate alternative sites, provide coverage information for the location, and continued the meeting. At the May 17 th meeting, three options that include the location at the park, the location at the southeast corner of Via Valmonte and Palos Verdes Drive North, and the location in the center median at the edge of the median where Palos Verdes Drive North and Via Valmonte intersect were discussed. However, the location in the park (Option 1) was previously proposed at a slightly different location with the pole located further north, aligned with the existing tree, and closer to the property at 3901 Palos Verdes Drive North. At this meeting, a photo simulation was provided for the corner location at Palos Verdes Drive North and Via Valmonte and neither a mock-up or photo simulation was provided for the traffic sign pole at the edge of the center median. The Planning Commission directed the applicant to explore alternative locations and an alternative location. The staff report and minutes from the May 17, 2016 meeting are attached. At the October 5 th meeting, Crown Castle provided updated information on alternative sites and coverage. A total of 6 locations were evaluated. Of the 6 locations evaluated by Crown 3
Castle, 3 locations meet the coverage objectives as shown on page 7 of the document titled Node ASG61 Coverage Maps dated September 22, 2016. The Planning Commission considered the information provided, took public testimony, and deliberated on the proposal. Concerns were raised with the impacts the current location made on adjacent property owners and recommended that the applicant mock-up a facility in the center median of Palos Verdes Drive North. At the November 15 th meeting, Crown Castle presented a new alternative, which was to replace the existing pole that includes a sign stating no horses on pedestrian pathway with a 14 ft. high steel pole with two antennas on top in the center median of Palos Verdes Drive North (Option 2 detailed above) setback approximately 35 ft. from the edge of curb. It was discussed that additional landscaping could be added in the center median to screen the proposed pole. The design was reviewed by the City s wireless consultant, Dr. Jonathan Kramer, and his November 8, 2016 memorandum indicated that this was not the least intrusive design as e nodes were attached to the pole. Conditions were added that if this location were to be approved, that the nodes shall be removed from the pole and placed in a cabinet. The Planning Commission ultimately chose to approve Option #2 (vote 3-1, Kao dissenting, Hunter absent), the location within the center median setback approximately 35 ft. from the edge of curb, with standard conditions and the following addition conditions: The nodes shall be removed from the pole and placed in a CEMH cabinet. The final cabinet location shall be subject to review and approval by City staff. The steel pole and cabinet shall be automatically dedicated to the City by the applicant immediately upon building department approval of the actual installation, and the applicant shall enjoy no ownership rights or claims to the pole and whatsoever once so approved. The steel pole, as its primary function, is a pedestrian sign pole. Wireless use is only a secondary use of the sign pole. The steel pole shall be burnished prior to painting. The pole and antennas must be painted a flat dark brown, and maintained in the same condition thereafter. The equipment cabinet shall be painted dark green or other color selected by Staff to blend in with the existing surrounding environment. All cables interconnecting the antennas and all transmission equipment should run within the pole except as minimally required to connect to the antennas. This authorization shall expire at 12:01 a.m. on the day following the tenth (10th) anniversary of the date the building permit for this site is issued. Unless this authorization is renewed prior to the expiration date, following whatever the applicable procedure is at that time, the wireless facility permitted herein (and the pole if requested by the City) shall be promptly removed at applicants sole cost and expense, and any damage to the land, pole and/or cabinet shall be promptly repaired by applicant. Permittee shall place its name on the lid of the proposed underground fiber vault. Permittee shall install and at all times maintain in good condition an RF Notice and Network Operations Center Information sign on the steel pole at approximately 12 feet AGL. Permittee shall ensure that all RF signage complies with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. 4
The applicant shall work with City Staff to provide appropriate landscaping to screen the proposed cabinet and related equipment. The following photos illustrate the designs and locations reviewed by the Planning Commission through several meetings: Option 1: Mock-up within the Valmonte Park Option 2: Mock-up within the center median setback 35 from edge of curb Option 3: Photo simulation within the center median at the edge of curb Option 4: Photo simulation at the southeast corner of P.V. Dr. North and Via Valmonte Preliminary Art Jury approval has not been obtained for any of the proposed options. It should be noted that a total of 39 residents within the 300 ft. radius of project location have been notified of the proposed project. During the public hearings, 2 of the 39 residents within the 300 ft. radius provided oral testimony. One of these residents submitted a petition signed by 9 property owners within the area and attached as correspondence during the March meeting. 5
Appeal The Planning Commission s decision to approve the project at the center median location further back from the edge of curb has been appealed by Terri Tsuchida, resident at 3865 Palos Verdes Drive North, which is across the street from the proposed location to the east. The appeal documents, attached as Attachment A, outline the basis for appeal which are the following: 1. It is an eyesore. 2. It disrupts the appellant s beautiful view of Palos Verdes Drive. 3. Past meetings notes showed this as an Option #2. Not the first option, which was in the park area. The appellant does not understand what transpired to make this the determined location. 4. The pole mock-up was in place for less than a month before the meeting. Not enough notice was given to neighbors to understand the impact. Palos Verdes Municipal Code Section 18.55 This application is subject to the City s wireless telecommunication ordinance. The wireless telecommunication ordinance requires the applicant to construct mock-ups of all proposed structures, at the proposed location. For the comprehensive Crown Castle project, it was deemed appropriate to forward the applications to the Planning Commission for review. PVEMC Section 18.55.040 provides general design guidelines to consider for regulating the location, design, and aesthetics for wireless facilities. The guidelines state facilities shall be designed to be as visually unobtrusive as possible. Color and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties. If feasible, the base station and all wires and cables necessary for the operation of a facility shall be placed underground so that the antenna is the only portion of the facility that is above ground. PVEMC Section 18.55 is attached as Attachment D. CEQA Status This project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Notification Prior to the March 15, 2016, May 17, 2016, October 5, 2016, and November 15, 2016 Planning Commission hearings, the project was noticed by mail to all property owners within a 300 ft. radius and a notice board was placed at the project sites. The appeal was also noticed by mail to all property owners within a 300 ft. radius. Furthermore, the appeal was published in the Daily Breeze and a notice board was placed at the project site. 6
Alternatives Available to Council The following alternatives are available to the City Council: 1. Affirm the Planning Commission s decision to approve WT-142-15; Wireless Telecommunication Facilities applications for new equipment within the City rightof-way in the center median of Palos Verdes Drive North. 2. Affirm the Planning Commission s decision to approve WT-142-15; Wireless Telecommunication Facilities applications for new equipment within the City rightof-way in the center median of Palos Verdes Drive North, with additional modifications. 3. Overturn the Planning Commission s decision to approve WT-142-15; Wireless Telecommunication Facilities applications for new equipment within the City rightof-way in the center median of Palos Verdes Drive North. Once a decision is made by the City Council, a final Resolution will be prepared and presented at the following meeting to confirm the City Council s decision. Recommendation from Staff It is recommended that the City Council open the public hearing, receive public input, close the public hearing and consider the Planning Commission s decision to approve WT-142-15; Wireless Telecommunication Facilities applications for new equipment within the City rightof-way within the center median of Palos Verdes Drive North. Staff report prepared by: Elizabeth Corpuz City Planner Attachments: A: Appeal Documents B: Planning Commission Staff Report November 15, 2016 (includes March 15, 2016, May 17, 2016, October 5, 2016 reports) http://pvestates.granicus.com/mediaplayer.php?view_id=1&clip_id=898&meta_id=35805 C: Planning Commission Resolution No. PCR-2015-0887 D: Palos Verdes Municipal Code Section 18.55 (Personal Wireless Service Facilities and Commercial Antennas) E: Letters of Correspondence F. Proposed Crown Castle Locations and Project Status G. Palos Verdes Estates Wireless Telecommunications Facilities Fact Sheet 7
Attachment A
Attachment C
Attachment D Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 1 of 7 Sections: Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS 18.55.010 Purpose. 18.55.020 Definit ions. 18.55.030 Applicat ion. 18.55.040 Design st andards. 18.55.045 Maint enance. 18.55.050 Terminat ion of use. 18.55.055 Fee or t ax. 18.55.010 Purpose. This chapter is enacted pursuant to 47 U.S.C. Section 332(c)(7) to provide standards for personal wireless service facilities and commercial antennas. It is intended that such facilities be located, installed and operated in a manner consistent with all of the articulated health, safety, and aesthetic objectives of this chapter, while recognizing the benefit of these facilities to the community. This chapter applies to all personal wireless service facilities and commercial antennas located within the city, whether they are located on private property or public property, including the public right-of-way. (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) 18.55.020 Definit ions. For the purpose of this chapter, the following words and phrases shall be defined as follows: Antenna means any system of wires, poles, rods, reflecting discs, dishes, whips, or other similar devices used for the transmission or reception of electromagnetic waves. Antenna height means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended. Antenna structure means an antenna or array of antennas and its associated support structure, including, without limitation, a mast or tower. The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 2 of 7 Base station means a fixed station at a specified site authorized to communicate with mobile stations, microcells, repeaters, or other wireless stations, usually housed in metal cabinets or small structures on or within close proximity to the antenna structure on the same site. Commercial antennas means all antennas, parabolic dishes, relay towers and antenna support structures used for the transmission and/or reception of radio, television and communication signals for commercial purposes. For the purposes of this definition, commercial purposes means communications for hire or material compensation, or the use of commercial frequencies, as these terms are defined by the Federal Communications Commission (FCC). Commercial antennas shall not include antennas owned or operated by governmental facilities or personal wireless service facilities. Personal wireless service facilities means facilities for the provision of personal wireless services, as defined in 47 U.S.C. Section 332(c)(7). Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. Section 332(c)(7). Screening means the effect of locating an antenna behind a building, wall, facade, fence, landscaping, berm, and/or other specially designed device so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized. Unlicensed wireless service means the offering of telecommunications services, using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services, as defined in 47 U.S.C. Section 332(c)(7). (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) 18.55.030 Applicat ion. A. Prior to the installation of a personal wireless service facility or commercial antenna on private property, the owner, or occupant with written permission from the owner, of the lot, premises, parcel of land or building on which a personal wireless service facility or commercial antenna is to be located shall first obtain a conditional use permit (CUP) from the city pursuant to Chapter 17.20 PVEMC. B. Prior to the installation of a personal wireless service facility or commercial antenna on public property, including property within the public right-of-way, the applicant shall first obtain an encroachment permit from the public works director. At least fifteen days prior to issuing the permit, written notice of the The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 3 of 7 application shall be sent to all property owners within a three-hundred-foot radius of the proposed facility. In issuing the permit, the public works director shall take into consideration all comments provided by the public, and may impose conditions on the permit prior to its issuance relating to the time, place, and manner of use of the public property. The public works director may deny the permit if the application is incomplete, or the project does not adequately mitigate the facility s adverse impact on the health, safety or welfare of the community, including, but not limited to, adverse aesthetic impacts arising from the proposed time, place, and manner of use of the public property. In reviewing an application for a personal wireless service facility, the public works director may also deny the permit if he or she determines that the proposed facility is not needed to close a significant gap in coverage. Within fifteen days after the determination by the director to issue or deny the permit, any person may appeal the decision to the planning commission. Should an appeal be made, issuance of the permit shall be stayed. If no appeal is made within the fifteen-day period, the permit shall be issued. The public works director may, in his or her discretion, refer any application to the planning commission for a decision on the issuance of the permit. The hearing on the appeal or referral to the planning commission shall be held following at least fifteen days notice to the applicant and all property owners within a three-hundred-foot radius of the proposed facility. The decision of the planning commission shall be based on the same standards as applicable to the public works director. C. All applications for a permit for the installation of a personal wireless service facility or commercial antenna, whether on public or private property, shall contain the following information: 1. A legal description of the property where the personal wireless service facility or commercial antenna is to be installed. 2. A radius map and a certified list of the names and addresses of all property owners within three hundred feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor. 3. A plot plan of the lot, premises or parcel of land, showing the exact location of the proposed personal wireless service facility or commercial antenna (including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines. 4. Building elevations and roof plan (for building- and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 4 of 7 landscaping from all sides. 5. Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the facility. 6. Manufacturer s specifications, including installation specifications, exact location of cables, wiring, materials, color, and any support devices that may be required. 7. A silhouette or mock-up including all proposed antenna structures, antennas, and related accessory equipment constructed prior to notice being given to the public, in order for the planning commission or the public works director to assess aesthetic impacts to surrounding land uses and public rights-of-way. This requirement may be waived by the public works director. 8. Certified documentation by a licensed engineer demonstrating that any proposed personal wireless service facility or commercial antenna will comply with the most current allowable radiation standards as allowed by the Federal Communications Commission for nonionizing electromagnetic radiation (NIER) and electromagnetic fields (EMF). In the event that certified documentation cannot be submitted, the city may hire a consultant to evaluate the potential NIER or EMF of the proposed facility. The fee charged by the consultant shall be paid by the applicant. 9. Identification of materials contained within the facility which are potentially harmful to persons, animals, or vegetation, and a description of the methods of protection from harm. 10. Any other information as deemed necessary by the city in order to consider an application for a personal wireless service facility or commercial antenna. 11. The application shall be accompanied by the appropriate fee as set forth in this chapter. (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) 18.55.040 Design st andards. The following general design guidelines shall be considered for regulating the location, design, and aesthetics for a personal wireless service facility or commercial antenna: A. Site Selection Criteria. 1. Personal wireless service facilities and commercial antennas may be located in all zones within the city and on private property, public property, or within The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 5 of 7 the public right-of-way. 2. If feasible, personal wireless service facilities and commercial antennas should be located at the same site as existing similar facilities unless the new facility would interfere with the operation of such existing facilities, is aesthetically incompatible with them, or would be otherwise detrimental to the community. 3. All facilities (including all related accessory cabinet(s)) shall meet the setback requirements of the underlying zone. In no case shall any portion of a facility be located in a defined front yard or side yard. The planning commission may require additional setbacks and/or restricted location areas than that specified for the underlying zone based on the existing development of the site and/or surrounding land uses. 4. Any freestanding ground-mounted personal wireless service facility or commercial antenna, including any related accessory cabinet(s), shall apply towards the allowable lot coverage for structures/buildings of the underlying zone. In no case shall any part of a facility alter vehicular circulation within a site or impede access to and from a site. In no case shall a facility alter offstreet parking spaces (such that the required number of parking spaces for a use is decreased) or interfere with the normal operation of the existing use of the site. B. Visual Impact. 1. Facilities shall be designed to be as visually unobtrusive as possible. Colors and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties. 2. Facilities shall not be of a bright, shiny or glare-reflective finish. The facility shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and site improvements immediately surrounding; provided, that, wherever feasible, a light color shall be used to meet this requirement. 3. If feasible, the base station and all wires and cables necessary for the operation of a facility shall be placed underground so that the antenna is the only portion of the facility that is above ground. If the base station is located within or on the roof of a building, it may be placed in any location not visible from surrounding areas outside the building, with any wires and cables The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 6 of 7 attached to the base station screened from public view. The applicant shall demonstrate to the satisfaction of the planning commission or public works director that it is not feasible, either technically or because of cost, to locate the base station below ground. 4. Innovative design to minimize visual impact must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture. 5. Screening of the facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the facility and the grade of the site as related to surrounding nearby grades of properties and public street rights-of-way. 6. Landscaping, whether natural or artificial, shall be placed so that the antenna and any other above-ground structure is screened from view to the extent possible. 7. The maximum antenna height of any personal wireless service facility or commercial antenna shall not exceed the maximum height limit of the underlying zone or the maximum height of an existing building (including any rooftop parapet walls, mechanical rooms, etc.). The applicant may apply for a height increase of up to twenty feet beyond the maximum height of the underlying zone or the maximum height of a building if both of the following conditions are met: a. There are no feasible alternate locations or designs that would allow a facility to meet the underlying zone s maximum height limit. b. There are exceptional circumstances such as topography, existing vegetation or structures that require a facility to exceed the underlying zone s maximum height limit in order to function effectively. (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) 18.55.045 Maint enance. Personal wireless service facilities and commercial antennas shall be maintained on a regular, as-needed basis, or not less than once a year. Maintenance shall include painting and the care and replacement of dead or diseased landscaping installed to minimize the visual obtrusiveness of the facility. Maintenance shall be The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Palos Verdes Estates Municipal Code Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS Page 7 of 7 performed Monday through Friday between the hours of eight a.m. and six p.m., unless the maintenance and repair are of an emergency nature. (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) 18.55.050 Terminat ion of use. If the personal wireless service facility or commercial antenna is located on public property or within a public right-of-way and the permittee desires to terminate its use, written notice of termination shall be given to the public works director prior to the commencement of removal. The facility and all related screening shall be completely removed from its location within thirty days of the date of such notice. Prior to the commencement of removal, a cash bond shall be posted by the permittee in an amount sufficient to cover the cost of such removal. Should the removal not be completed within the thirty-day period, the city may draw upon the bond and complete the removal of the facility. Upon completion of the removal, the bond, or any remaining portion thereof, shall be returned to the permittee. (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) 18.55.055 Fee or tax. The city council may, by resolution, impose any fee or tax permitted by law for the placement of a personal wireless service facility or commercial antenna. Such fee or tax shall be in addition to any fee imposed by the city council for an application for a conditional use permit. (Ord. 700 2 (Exh. 1), 2012; Ord. 635, 2001) The Palos Verdes Estates Municipal Code is current through Ordinance 717, passed June 14, 2016.
Attachment E
Attachment F 1. 2. Application No. WT-123-15 WT-124-15 Crown Castle No. Location** Design ASG01ml ASG03 3. WT-125-15 ASG05 4. WT-126-15 ASG40 Planning Commission Status ROW across from 2920 & 3000 Via Campesina New pole Approved on 10/21/15 ROW in alley adjacent to 440 Via Corta New antennas on existing utility pole Approved on 10/21/15 ROW corner of Cataluna Pl. & Granvia Altamira Replace (E) 30 mph sign pole Approved on 11/17/15 ROW adjacent to 2800 Via Campesina New pole Approved on 11/17/15 5. WT-127-15 ASG52ml ROW adjacent to 900 Via Rincon Replace (E) left turn sign pole Approved on 10/21/15 6. 7. 8. 9. 10. WT-128-15 ASG58 ROW in median at Via Boronada and PVDW Replace (E) lane merge and one way sign pole Approved on 11/17/15 WT-129-15 ASG56ml ROW boundary trail Via Pascual New antennas on existing utility pole Approved on 10/21/15 WT-130-15 WT-131-15 ASG65 ASG66ml CDP-102/WT- 133-15 ASG02 City Parklands on corner of Via Fernandez & Paseo La Cresta ROW across from 1025 Granvia Altamira ROW across from 500 Paseo Del Mar Replace (E) stop sign and do not enter sign pole Approved on 2/16/16 Replace (E) no parking sign pole Replace (E) stop sign pole Continued from the 11/15/16 meeting Denied on 10/05/16 and appealed to the City Council; Appeal scheduled for the 1/24/17 City Council meeting 11. Continued from the WT-134-15 ASG04 ROW adjacent to 2457 Via Sonoma New pole 10/05/16 meeting 12. WT-135-15 ASG06 ROW across from 1428 Paseo La Cresta Replace (E) one-way sign pole Approved on 1/19/16
Application No. Crown Castle No. Location** Design Planning Commission Status 13. 14. 15. 16. 17. 18. 19. 20. 21. WT-136-15 ASG07 ROW across from 1121 Via Coronel Replace (E) stop sign pole Not yet scheduled WT-137-15 ASG50 ROW across from 2325 Via Olivera Replace (E) school sign pole Approved on 5/17/16 WT-138-15 ASG51 ROW adjacent to 1620 Via Montemar Replace (E) stop sign pole Not yet scheduled ROW in alley between Oakley Road & Yarmouth Road or on the northwest corner of Chelsea Road WT-139-15 ASG54 and Yarmouth Road Replace (E) stop sign pole Denied on 11/15/16 WT-140-15 ASG57 ROW adjacent to 405 Via Colorin Replace (E) stop sign pole Not yet scheduled WT-141-15 WT-142-15 ASG59 ASG61 ROW adjacent to 1500 Espinosa Circle ROW across from 3912 Palos Verdes Dr. North or within the center median on Palos Verdes Dr. North Replace (E) not a through street sign Replace (E) bus stop sign pole Continued from the 6/21/16 meeting Approved on 11/15/16 and appealed to the City Council; Appeal scheduled for the 1/24/17 City Council meeting WT-143-15 ASG62 ROW adjacent to 504 Chiswick Road Replace (E) no parking sign pole Not yet scheduled WT-144-15 ASG63 ROW across from 2808 & 2817 Via Anacapa New pole Continued from the 5/17/16 meeting 22. WT-145-15 ASG67 ROW across from 801 Via Coronel New antennas on existing utility pole Approved on 2/16/16 23. CDP-90R/WT- 121R-16 AHW12 ROW at 1009 Palos Verdes Dr. West Modify existing wireless site Approved on 3/15/16
24. 25. 26. Application No. WT-147-16 Crown Castle No. Location** Design Mexico B3 CDP-101/WT- 148-16 Mexico B1 CDP-100/WT- 146-16 Mexico B2 ROW on the west side of Palos Verdes Dr. West near 702 Via Horcada or on the east side of Palos Verdes Dr. West near 701 Mexico Place ROW on the north side of Palos Verdes Dr. West near 1300 Palos Verdes Dr. West or in the center median on Palos Verdes Dr. West ROW on the east side of Palos Verdes Dr. West across from 1009 Palos Verdes Dr. West Replace (E) speed limit sign or replace (E) no left turn/no parking sign Replace (E) keep right sign Co-location on existing pole or new pole Planning Commission Status Scheduled for the 1/25/17 Planning Commission meeting Scheduled for the 1/25/17 Planning Commission meeting Scheduled for the 1/25/17 Planning Commission meeting **The applications identify a potential location for a wireless telecommunications facility. The final location may be different depending on a determination of the least intrusive site and approval by the Planning Commission.
Attachment G City of Palos Verdes Estates Wireless Telecommunications Facilities Questions and Answers Palos Verdes Estates Municipal Code (PVEMC) Chapter 18.55 regulates Personal Wireless Service Facilities and Commercial Antennas. General design guidelines are provided regulating the location, design, and aesthetics of wireless facilities or commercial antennas. The location of wireless facilities may be located on private property (e.g. commercial and residential properties), publically-owned property (Parklands, City Hall or School sites), or within the public rights-of-way (parkways or medians). There are currently several existing sites throughout the City in Parklands, on commercial property, within the City right-of-way, and on residential property. When feasible, wireless facilities should be located at the same site as existing similar facilities (known as collocation ), or on City owned poles (e.g. stop signs) or utility poles. The City s design guidelines require that facilities be designed to be as visually unobtrusive as possible, and the process for their approval strives to minimize the number of installations. Above photo is a mock up across from 2325 Via Olivera The Public Works Director may approve an application for a wireless facility or may refer the application to the Planning Commission for a decision on the permit pursuant to PVEMC Section 18.55.030(B). The decision of the Director may be appealed to the Planning Commission and the decision of the Planning Commission may be appealed to the City Council within 15 days after the determination. Q1. Can the City regulate radio-frequency emissions levels from wireless antennas? No. Congress gave the Federal Communications Commission ( FCC ) sole authority to set a national standard for human exposure to RF (radio frequency) emissions. The FCC allows local governments to require applicants to demonstrate compliance with the national standard, but preempts all local standards. The City can and does require all applicants to show that their sites are compliant with the FCC s standard. You can learn more about these issues at the FCC s website (https://www.fcc.gov/general/radio-frequency-safety-0).
Q2. Can the City prohibit wireless facilities in the Right-of-Way? No. State law grants wireless carriers certain rights to use the rights-of-way (ROW), and federal law prohibits any flat or effective bans on wireless facilities. Q3. Can the City require a wireless facility proposed in the public rights-of-way be moved to other publically-owned or private property? No. A local government cannot force a telephone corporation (also known as a wireless carrier ) proposing a wireless site in the public rights-of-way to move the site out of the public rights-ofway. Cities are pre-empted by State and Federal laws in regard to licensing wireless carriers. Wireless carriers are franchised by, and have authorities under, the State of California, Public Utilities Commission and the FCC. Cities may consider reasonable alternative locations in the public rights-of-way if appropriate to lessen visual impacts. Q4. Can the City require wireless carriers to use different equipment? No. The City cannot specify the equipment and thus the technology a carrier uses for providing wireless services. Thus, the City cannot control the transmission methods of the wireless carrier s service and deployment nor can the City require multiple wireless carriers to be on the same pole if collocation would be technically impossible. However, the City can regulate how the equipment looks (i.e., its aesthetic appearance) but not what it is, or what frequencies the equipment operates on. Federal law grants the FCC sole authority over all technological and engineering issues. Q5. Does the City retain any real authority over cell sites? Yes. As noted above, the City does have reasonable time, place, and manner controls about how cell sites are installed in the public rights-of-way. Moreover, the City has even more authority and control over cell sites to be installed on publically-owned property (outside of the public right-ofway, such as City Hall and other government locations), as well as for cell sites proposed to be located on private property. Left photo is a mock up at the intersection of Palos Verdes Drive West & Via Boronada (approved)
Above photo is a mock up at the intersection of Via Fernandez & Paseo La Cresta (approved) Q6. Are public notices required for new wireless sites in the City? Yes. Prior to any City decision on a proposed new project, a mock-up and a notice board advising that the site is under consideration are first required to be installed. - The mock-up allows the community, staff, and the Planning Commission to assess the aesthetic impacts to the surrounding land uses and rights-of-ways. The mock-up and notice board are generally the first public form of notification provided. The applicant is also required to make contact with immediately surrounding neighbors when the mock-up is being installed. City regulations also require that public notice be given by First Class U.S. Mail to all property owners within 300 feet of the proposed wireless site when the City is ready to make a decision. Additionally, the City provides public notice of all hearings regarding cell sites by posting at City Hall, the Malaga Cove Library, and PV Golf Club and by posting a public hearing notice board at the proposed location. The above photos are examples of notice boards informing the public the project in under consideration and the project is scheduled for public hearing.
Q7. Why does the City s review process seem to move so quickly? The City s process for reviewing cell sites involves the following: Wireless carrier submission of an application. Installation of an on-site mock-up of the pole, antennas, equipment and utility box. Placement of a Public Notice sign at the mock-up site. Mailed notice of the scheduled hearing before the Planning Commission to properties within 300-feet of the proposed site (mock-up). Planning Commission hearing. City Council hearing if there is an appeal of the Planning Commission decision. With this process for receiving public input, the City is mindful of State and federal laws. State and federal law establish procedural timelines for review, which may be as short as 60 days. If the City fails to make a decision within the applicable timeline, then the law may automatically deem the application approved. The City s failure to make a decision within the state or federal shot-clock deems the application approved for installation. Q8. Are residents able to submit feedback on proposed cell sites? Yes. The City encourages any interested person to submit feedback to the City on a proposed wireless site in writing and / or at the Planning Commission meeting when the application for a site is under consideration. Anyone may review the City s project file, submit a comment letter, testify at a public hearing, or communicate with the City by email or telephone calls. The public may sign-up for notices of Planning Commission meetings at www.pvestates.org and click on enews at the bottom of the page. As noted in A.5, above, federal and state rules limit the time the City may take when considering a proposed cell site, so the City encourages you to get involved earlier in the process rather than waiting until the final hearing on a project. The City also encourages discussions with the applicant. Q9. Is there a Master Plan for all cell site locations established by the City or presented by the wireless carrier? The City requests wireless carriers to submit all their proposed cell site locations to the City at one time in order that they can be calendared before the Planning Commission mindful that upon submission of each application, the shot-clock begins for consideration of each site. The City encourages the use of private property and publically-owned property for installations to minimize their impact in residential areas. However, wireless carriers have automatic authority to locate in the rights-of-way subject to the City s time, place, and manner controls. Each individual cell site location is evaluated, on a case-by-case basis, for minimizing its visual impact on the neighborhood around it.
Q10. Is there an appeal process for decisions / approvals of the Planning Commission? Any decision of the Planning Commission can be reconsidered by the City Council through an appeal of the case. An application must be submitted for the appeal within 15 days of the Planning Commission s determination. For more information about appeals, please contact the Planning Department at 310-378-0383. Q11. What happens if the City denies a cell site location? Wireless carriers have authority under federal and state laws to install cell sites in the public rights-of-way and cities are provided with timeframes by which they must approve or deny applications. The City has authority to affect reasonable controls on the time, place, and manner related to each installation in the right-of-way. Time refers to when the cell site is installed, such as the times during the day the installation may occur, or the days of the week that work can take place. Place refers to the specific location in the right-of-way in which the wireless carrier intends to locate its site. Manner refers to the aesthetics of the installation and to the means of construction. For questions regarding wireless telecommunications facilities, please contact City Planner Elizabeth Corpuz at (310) 378-0383 or ecorpuz@pvestates.org The information presented on this page is believed to be accurate as of the date posted, but does not constitute legal advice. Changes in the law, regulations, and City policies may have occurred since this information was posted on April 28, 2016.