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CL_AGN_230815_PC_AgendaPacket_F_A1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA This is the appropriate time for the Chair or Commissioners to approve the agenda as is or reorder. 5.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file. 5.A.FOR BLUE FOLDER DOCUMENTS APPROVED AT THE PLANNING COMMISSION MEETING 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular Planning Commission Meeting PLANNING COMMISSION Tuesday, August 15, 2023 CITY OF ROLLING HILLS 6:30 PM This meeting is held pursuant AB 361 All Planning Commissioners will participate by teleconference. Public Participation: City Hall will be closed to the public until further notice. A live audio of the Planning Commission meeting will be available on the City's website (https://www.rolling-hills.org/PC%20Meeting%20Zoom%20Link.pdf). The meeting agenda is also available on the City's website (https://www.rolling-hills.org/government/agenda/index.php). Join Zoom Meeting via https://us02web.zoom.us/j/99343882035? pwd=MWZXaG9ISWdud3NpajYwY3dF bllFZz09 Meeting ID: 993 4388 2035 Passcode: 647943 Members of the public may submit comments by emailing the City Clerk's office at cityclerk@cityofrh.net. Your comments will become a part of the official meeting record. You must provide your full name but do not provide any other personal information (i.e., phone numbers, addresses, etc) that you do not want to be published. Members of the public may also provide comments in real time by speaking during the public comment and/or public hearing portions of the meeting. 1 RECOMMENDATION: Approve as presented. 6.PUBLIC COMMENTS ON NON-AGENDA ITEMS This section is intended to provide members of the public with the opportunity to comment on any subject that does not appear on this agenda for action. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section. 7.CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Chair or any Commissioner may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Chair will call on anyone wishing to address the Commission on any Consent Calendar item on the agenda, which has not been pulled by Commission for discussion. 7.A.APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF AUGUST 15, 2023 RECOMMENDATION: Approve as presented. 7.B.CONTINUATION OF REMOTE PLANNING COMMISSION MEETINGS DURING THE MONTH OF AUGUST 2023, PURSUANT TO THE REQUIREMENTS OF AB 361 RECOMMENDATION: Adopt Resolution No. 2023-09. 7.C.APPROVE THE MINUTES FOR THE JULY 18, 2023, PLANNING COMMISSION MEETING RECOMMENDATION: Approve as presented. 8.EXCLUDED CONSENT CALENDAR ITEMS 9.PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING 9.A.ZONING CASE NO. 22-51: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A NEW 7,290-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCE TO CONSTRUCT A SWIMMING POOL AND SPA IN THE FRONT YARD ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Staff recommends the Planning Commission open the public hearing, receive public testimony, discuss the proposed project, provide direction to staff and the applicant, and continue the public hearing. CL_AGN_230815_PC_BlueFolderItem_7C.pdf CL_AGN_230815_PC_AffidavitofPosting.pdf 2023-09_PC_Resolution_Updated_AB361_Findings_August_F.pdf CL_MIN_230718_PC_F.pdf CL_MIN_230718_PC_F_A.pdf ATTACHMENT1_CL_PBN_230321_4PoppyTrail_ZC22-51_VicinityMap.pdf 2 10.NEW PUBLIC HEARINGS 10.A.AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: 1. Open and conduct a public hearing; 2. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 3. Adopt Resolution No. 2023-10 (Attachment 1), which recommends that the City Council adopt the proposed Ordinance No. 384 (Exhibit "A" to Attachment 1). 11.OLD BUSINESS 12.NEW BUSINESS 13.SCHEDULE FIELD TRIPS 14.ITEMS FROM STAFF 15.ITEMS FROM THE PLANNING COMMISSION 16.ADJOURNMENT Next meeting: Tuesday, September 12, 2023, at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. ATTACHMENT2_PL_ADR_4PoppyTrail_ZC22-51_DevelopmentTable.pdf ATTACHMENT3_PL_ADR_4PoppyTr_ZC22-51_230711_Email_DaveLong.pdf ATTACHMENT4_CL_AGN_230718_PC_Item9A_PublicComment_NConstant.pdf ATTACHMENT5_PL_ADR_4PoppyTrail_ZC22-51_ArchitecturalPlans.pdf ATTACHMENT6_PL_ADR_4PoppyTrail_ZC22-51_LandscapePlan.pdf ATTACHMENT7_PL_ADR_4PoppyTrail_ZC22-51_SitePlan_Grading.pdf ATTACHMENT8_PL_ADR_4PoppyTrail_ZC22- 51_Alternate_Development_on_Barn_Pad.pdf ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_081523-c1_F.pdf ATTACHMENT2_PL_WCF_OrdAmend2023_WirelessApplicationDraft_8-8-23-c1.pdf Notice: In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. 3 All of the above resolutions and zoning case items have been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated. 4 Agenda Item No.: 5.A Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:FOR BLUE FOLDER DOCUMENTS APPROVED AT THE PLANNING COMMISSION MEETING DATE:August 15, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230815_PC_BlueFolderItem_7C.pdf 5 BLUE FOLDER ITEM (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. PLANNING COMMISSION MEETING August 15, 2023 7.C APPROVE THE MINUTES FOR THE JULY 18, 2023, PLANNING COMMISSION MEETING FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_MIN_230718_PC_F_A.pdf 6 Agenda Item No.: 7.A Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF AUGUST 15, 2023 DATE:August 15, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230815_PC_AffidavitofPosting.pdf 7 Administrative Report 7.A., File # 1944 Meeting Date: 8/15/2023 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body Planning Commission Posting Type Regular Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time AUGUST 15, 2023 6:30pm As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: August 11, 2023 8 Agenda Item No.: 7.B Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:CONTINUATION OF REMOTE PLANNING COMMISSION MEETINGS DURING THE MONTH OF AUGUST 2023, PURSUANT TO THE REQUIREMENTS OF AB 361 DATE:August 15, 2023 BACKGROUND: On March 4, 2020, Governor Newsom declared a state of emergency due to COVID-19. Shortly thereafter, the Governor issued Executive Order N-25-20, which waived certain remote meeting requirements of the Ralph M. Brown Act (“Brown Act”) in response to COVID- 19. In September 2021, the Governor signed Assembly Bill 361 (“AB 361”), which amended the Brown Act to allow continued flexibility in holding virtual public meetings. In accordance with Executive Order N-25-20, and later AB 361, the Planning Commission has met virtually since the start of the pandemic in 2020. DISCUSSION: The state’s COVID-19 state of emergency ended on February 28, 2023. Although the state of emergency has ended, the provisions of AB 361 will remain in effect until January 1, 2024. While AB 361 remains in effect, it authorizes public meetings to be held virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing. Research by staff indicates that officials continue to recommend social distancing. Specifically, California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances. Relatedly, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of 9 COVID-19. Staff recommends that the Planning Commission adopt the attached resolution, which makes the requisite AB 361 findings for the Planning Commission to meet virtually this month. For the duration of the time that the Commission meets virtually, staff will continue agendizing this item to enable the Commission to continue making the requisite AB 361 findings. FISCAL IMPACT: None. RECOMMENDATION: Adopt Resolution No. 2023-09. ATTACHMENTS: 2023-09_PC_Resolution_Updated_AB361_Findings_August_F.pdf 10 65277.00010\41090120.1 08/15/23 RESOLUTION NO. 2023-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING REMOTE PLANNING COMMISSION MEETINGS PURSUANT TO THE REQUIREMENTS OF ASSEMBLY BILL 361 WHEREAS, in response to the COVID-19 pandemic, Governor Newsom declared a statewide state of emergency on March 4, 2020; and WHEREAS, Governor Newsom signed Assembly Bill 361 (“AB 361”) on September 17, 2021, which went into effect immediately as urgency legislation; and WHEREAS, AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies to conduct remote meetings provided the legislative body makes specified findings on a regular basis; and WHEREAS, the Governor’s COVID-19 state of emergency ended on February 28, 2023; and WHEREAS, notwithstanding the foregoing, AB 361 remains in effect until January 1, 2024; and WHEREAS, AB 361 authorizes legislative bodies to continue meeting virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances; and WHEREAS, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19; and WHEREAS, to allow for physical distancing and remote meeting attendance in accordance with these recommended measures, the Planning Commission does hereby find that the Planning Commission shall conduct its meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the Planning Commission shall comply with the requirements to provide the public with access to the meetings electronically as prescribed in paragraph (2) of subdivision (e) of section 54953. 11 65277.00010\41090120.1 08/15/23 2 Resolution No. 2023-09 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. All of the above recitals are true and correct and incorporated herein by reference. Section 2. The Planning Commission has considered the above circumstances and hereby recognizes that state and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person. Section 3. The Planning Commission shall conduct public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act for remote only meetings. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST, 2023. _____________________________________ BRAD CHELF, CHAIRMAN ATTEST: __________________________________________ CHRISTIAN HORVATH, CITY CLERK 12 65277.00010\41090120.1 08/15/23 3 Resolution No. 2023-09 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2023-09 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA, APPROVING REMOTE PLANNING COMMISSION MEETINGS PURSUANT TO THE REQUIREMENTS OF ASSEMBLY BILL 361 was approved and adopted at a regular meeting of the Planning Commission on August 15, 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. _________________________________________ CHRISTIAN HORVATH CITY CLERK 13 Agenda Item No.: 7.C Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:DAVID H. READY SUBJECT:APPROVE THE MINUTES FOR THE JULY 18 , 2023, PLANNING COMMISSION MEETING DATE:August 15, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_230718_PC_F.pdf CL_MIN_230718_PC_F_A.pdf 14 MINUTES – PLANNING COMMISSION MEETING Tuesday, July 18, 202 3 Page 1 Minutes Rolling Hills Planning Commission Tuesday, July 18, 2023 Regular Meeting 6:30 p.m. Via tele-conference 1. CALL MEETING TO ORDER The Planning Commission of the City of Rolling Hills met via teleconference on the above date with Chair Chelf presiding. Chair Chelf called the meeting to order at 6:30 p.m. 2. ROLL CALL Commissioners Present: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf Commissioners Absent: Cooley Staff Present: David Ready, Interim City Manager John Signo, Planning & Community Services Director Ryan Stager, Assistant City Attorney 3. PLEDGE OF ALLEGIANCE Director Signo led the Pledge of Allegiance. 4. APPROVE ORDER OF THE AGENDA Motion by Commissioner Cardenas, seconded by Vice Chair Kirkpatrick to approve the order of the agenda. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf NOES: None ABSENT: Cooley 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Commissioner Cardenas, seconded by Commissioner Douglass to receive the Blue Folder Item for Item 9.A. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf NOES: None ABSENT: Cooley 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE 7. CONSENT CALENDAR 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF MAY 16 , 2023 7.B. CONTINUATION OF REMOTE PLANNING COMMISSION MEETINGS DURING THE MONTH OF MAY 2023, PURSUANT TO THE REQUIREMENTS OF AB 361 15 MINUTES – PLANNING COMMISSION MEETING Tuesday, July 18, 202 3 Page 2 7.C. APPROVE THE MINUTES FOR THE APRIL 18 , 2023, PLANNING COMMISSION MEETINGS Director Signo made a correction to Item 7C for the April 18, 2023 minutes indicating the field trip took place at 42 Portuguese Bend Road. The error is in the top right corner of page 12 of the agenda. The minutes will be corrected prior to signature. Motion by Commissioner Cardenas, seconded by Commissioner Cooley, to approve Items 7A, 7B, and 7C with the change to Item 7C. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf NOES: None ABSENT: Cooley 8. EXCLUDED CONSENT CALENDAR ITEMS – NONE 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS 9.A. ZONING CASE NO. 22-95: A REQUEST FOR A SITE PLAN REVIEW FOR THE DEMOLITION AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH A BASEMENT, ATTACHED GARAGE, NONEXEMPT GRADING, MAXIMUM FIVE-FOOT-HIGH RETAINING WALLS, AND OTHER SITE IMPROVEMENTS LOCATED AT 42 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 120-RH) (HSU) AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Director Signo. Chair Chelf opened the public hearing for comments. Public Comments: Dan Bolton (project engineer), Nikos Constant (25 Georgeff Road), Criss Gunderson (project architect) Motion by Chair Chelf, seconded by Commissioner Douglass, to continue the item to the regularly scheduled Planning Commission meeting on August 28, 2023. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSTAIN: None ABSENT: Cooley 10. NEW PUBLIC HEARINGS – NONE 11. OLD BUSINESS – NONE 12. NEW BUSINESS – NONE 13. SCHEDULED FIELD TRIPS – NONE 14. ITEMS FROM STAFF Director Signo introduced David Ready as the new Interim City Manager. Mr. Signo indicated the Part-Time Administrative Clerk Katie Watts who helps with Planning Commission agendas is now the Full-Time Administrative Assistant. The City renewed its membership with the South Bay Cities Council of 16 MINUTES – PLANNING COMMISSION MEETING Tuesday, July 18, 202 3 Page 3 Governments (SBCCOG), which allows Commissioners to continue attending workshops and trainings. Mr. Signo indicated upcoming projects, including an update to the Wireless Communication Facilities Ordinance, which is expected to be on the Planning Commission agenda for August 15, 2023. 15. ITEMS FROM THE PLANNING COMMISSION – NONE 16. ADJOURNMENT : 7:21 P.M. The meeting was adjourned at 7:21 p.m. to the Planning Commission meeting on Tuesday, August 15 , 2023, beginning at 6:30 p.m. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Brad Chelf, Chair 17 MINUTES – PLANNING COMMISSION MEETING Tuesday, July 18, 2023 Page 1 Minutes Rolling Hills Planning Commission Tuesday, July 18, 2023 Regular Meeting 6:30 p.m. Via tele-conference 1. CALL MEETING TO ORDER The Planning Commission of the City of Rolling Hills met via teleconference on the above date with Chair Chelf presiding. Chair Chelf called the meeting to order at 6:30 p.m. 2. ROLL CALL Commissioners Present: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf Commissioners Absent: Cooley Staff Present: David Ready, Interim City Manager John Signo, Planning & Community Services Director Ryan Stager, Assistant City Attorney 3. PLEDGE OF ALLEGIANCE Director Signo led the Pledge of Allegiance. 4. APPROVE ORDER OF THE AGENDA Motion by Commissioner Cardenas, seconded by Vice Chair Kirkpatrick to approve the order of the agenda. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf NOES: None ABSENT: Cooley 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Commissioner Cardenas, seconded by Commissioner Douglass to receive the Blue Folder Item for Item 9.A. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf NOES: None ABSENT: Cooley 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE 7. CONSENT CALENDAR 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF MAY 16 , 2023 7.B. CONTINUATION OF REMOTE PLANNING COMMISSION MEETINGS DURING THE MONTH OF MAY 2023, PURSUANT TO THE REQUIREMENTS OF AB 361 18 MINUTES – PLANNING COMMISSION MEETING Tuesday, July 18, 2023 Page 2 7.C. APPROVE THE MINUTES FOR THE APRIL 18, 2023, PLANNING COMMISSION MEETINGS Director Signo made a correction to Item 7C for the April 18, 2023 minutes indicating the field trip took place at 42 Portuguese Bend Road. The error is in the top right corner of page 12 of the agenda. The minutes will be corrected prior to signature. Motion by Commissioner Cardenas, seconded by Commissioner Cooley, to approve Items 7A, 7B, and 7C with the change to Item 7C. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf NOES: None ABSENT: Cooley 8. EXCLUDED CONSENT CALENDAR ITEMS – NONE 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS 9.A. ZONING CASE NO. 22-95: A REQUEST FOR A SITE PLAN REVIEW FOR THE DEMOLITION AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH A BASEMENT, ATTACHED GARAGE, NONEXEMPT GRADING, MAXIMUM FIVE-FOOT-HIGH RETAINING WALLS, AND OTHER SITE IMPROVEMENTS LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 120-RH) (HSU) AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Presentation by Director Signo. Chair Chelf opened the public hearing for comments. Public Comments: Dan Bolton (project engineer), Nikos Constant (25 Georgeff Road), Criss Gunderson (project architect) Motion by Chair Chelf, seconded by Commissioner Douglass, to continue the item to the regularly scheduled Planning Commission meeting on August 15, 2023. Motion carried with the following roll call vote: AYES: Cardenas, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSTAIN: None ABSENT: Cooley 10. NEW PUBLIC HEARINGS – NONE 11. OLD BUSINESS – NONE 12. NEW BUSINESS – NONE 13. SCHEDULED FIELD TRIPS – NONE 14. ITEMS FROM STAFF Director Signo introduced David Ready as the new Interim City Manager. Mr. Signo indicated the Part-Time Administrative Clerk Katie Watts who helps with Planning Commission agendas is now the Full-Time Administrative Assistant. The City renewed its membership with the South Bay Cities Council of 19 MINUTES – PLANNING COMMISSION MEETING Tuesday, July 18, 2023 Page 3 Governments (SBCCOG), which allows Commissioners to continue attending workshops and trainings. Mr. Signo indicated upcoming projects, including an update to the Wireless Communication Facilities Ordinance, which is expected to be on the Planning Commission agenda for August 15, 2023. 15. ITEMS FROM THE PLANNING COMMISSION – NONE 16. ADJOURNMENT: 7:21 P.M. The meeting was adjourned at 7:21 p.m. to the Planning Commission meeting on Tuesday, August 15, 2023, beginning at 6:30 p.m. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Brad Chelf, Chair 20 Agenda Item No.: 9.A Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT: ZONING CASE NO. 22-51: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A NEW 7,290-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH BASEMENT, ATTACHED GARAGE, FIVE-FOOT-HIGH RETAINING WALLS, NON-EXEMPT GRADING, AND RELATED IMPROVEMENTS; VARIANCE TO CONSTRUCT A SWIMMING POOL AND SPA IN THE FRONT YARD ON A PROPERTY LOCATED AT 4 POPPY TRAIL, ROLLING HILLS, CA 90274 (LOT 17-A-PT) (ARVIDSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:August 15, 2023 BACKGROUND: March 21, 2023 Planning Commission Field Trip and Evening Meeting This item was originally presented to the Planning Commission on March 21, 2023. The Commission voted to continue the item to the April 18th meeting so the applicant could look into the issues discussed, particularly regarding development on the barn pad and reducing grading. The motion passed unanimously. On April 18, 2023, the applicant was still addressing the issues regarding grading and barn pad location so the item was not included on the agenda. July 18, 2023 Planning Commission Evening Meeting The item was re-noticed for the July 18, 2023 Planning Commission meeting to give the applicant more time to discuss relocating the proposed residence to the barn pad. At that meeting, the Planning Commission took public testimony and directed the applicant to continue to work with neighbors on the feasibility of developing the proposed residence on the existing barn pad. 21 Subsequent Discussions The applicant reported there have been discussions with Mr. Nikos Constant at 25 Georgeff Road, but the parties have not been able to come to an agreement. As such, the applicant is requesting the Planning Commission consider the original proposal of creating a new building pad in the middle of the property. Proposed Project An application was filed by the applicant, Dan Bolton of Bolton Engineering, on behalf of the property owner, Andy Arvidson, to request approval to construct a new 7,290-square-foot (SF) single-family residence with a 7,290 SF basement, 1,100 SF attached garage, 1,135 square feet of attached covered porches, 195 SF attached trellis, 850 SF accessory dwelling unit (ADU), 540 SF swimming pool/spa, pool equipment, service yard, lightwells, maximum five- foot-high retaining walls, driveway, walkways, landscaping, and other improvements. The project includes 41,874 cubic yards (CY) of grading to be balanced on site. This includes 22,340 CY cut and 19,534 CY fill. There will be 2,806 CY of export for excavation of the basement and swimming pool, which is exempt. The ADU, swimming pool/spa, service yard and other minor improvements are not subject to discretionary review. However, the swimming pool/spa requires a variance for location in the front yard, and certain retaining walls require a variance for location in the front yard and having an average height above two-and-one-half feet. Building Pads/Driveway Access The proposed project will create two new building pads: a 20,635 SF pad for the main residence and appurtenances located roughly in the middle of the property; and a 2,770 SF pad for the ADU located southeast of the main pad at an elevation approximately 9 feet lower. Both pads will be located outside of any required setbacks and will be accessible via a new 20-foot-wide driveway that connects to an existing driveway. There will be a turnaround for Fire Department access at the terminus of the new driveway on the main building pad. The existing driveway, which connects to Poppy Trail, will be widened to 20 feet. The length of the overall driveway from Poppy Trail to the main residence will be approximately 700 feet. The Traffic Commission will consider the widening of the driveway and apron at its meeting on Thursday, March 23, 2023. Zoning, Location, and Lot Description The property located at 4 Poppy Trail is zoned RAS-2 and has a net lot area of 6.37 acres (277,335 square feet). Only one building pad exists on the property and is located at the highest portion in rear of the property. This building pad is 16,200 square feet and is developed with a 3,330 SF stable. The property is irregularly shaped and only has an 86-foot segment connected to Poppy Trail. The front property line is considered the portion that connects to Poppy Trail plus the eastern property line which parallels an equestrian dirt path known as the Sleepy Hollow Trail. Sleepy Hollow Trail traverses much of the front yard setback which is 50 feet wide. The 50-foot-wide rear yard setback is along the western property line and the 35-foot-wide side yard setback is along all other property lines. The property slopes upward from Poppy Trail to the existing barn in the southwestern corner. The elevation difference between Poppy Trail to the barn pad is approximately 172 feet with the proposed main building pad approximately 100 feet higher 22 than Poppy Trail. Previous Approvals On May 18, 2004, the Planning Commission adopted Resolution Nos. 2004-13 A and B approving a lot line adjustment between three parcels and a variance to retain an existing stable on the subject property which is located in the side yard setback. The stable was constructed around 1977 for use by the property owner who lived on the abutting property at 8 Reata Lane. On September 14, 2010, the Planning Commission adopted Resolution No. 2010-18 approving a lot line adjustment between three properties, included a lot owned by the City. DISCUSSION: Since the July 18, 2023 Planning Commission meeting, the applicant has met with neighbors to discuss development on the barn pad at the highest level on the property. However, this would require offsite grading to remediate the slope and provide stability on the Hsu and Constant properties and the applicant is unable to obtain full consent. The applicant is requesting to move forward with the original location as proposed. Applicant Request The original request is for a Site Plan Review for construction of the residence and appurtenant structures and for grading. The project requires a variance request to locate the swimming pool and spa in the front yard. The total structures will be 15, 180 SF or 5.47% of the net lot area. The flatwork area, which includes the driveway, paved walkways, patios, and courtyards is 17,400 square feet. This covers 6.3% of the net lot area. Total disturbance covers 109,995 SF and accounts for 39.7% of the net lot area. The residential building pad will be 20,635 square feet and the residence and other structures will cover 51.9% of the pad. The ADU pad will be 2,770 SF and structures will cover 36.1% of the pad. The existing stable pad is 16,200 SF and the stable covers 21.5% of the pad. New landscaping will cover 104,708 SF. A preliminary landscape plan has been prepared and reviewed by the City's landscape consultant for compliance with the Model Water EfficIent Landscape Ordinance (MWELO). The plan was reviewed for appropriateness and adaptability of selected plants, water efficient irrigation design, and the use of design elements that enhance the character of the community. The preliminary landscape plan was found to be in compliance with MWELO and landscape conditions will be included for installation and maintenance. Site Plan Review Site Plan Review (SPR) is needed for construction of any new building or structures, and non- exempt grading per Rolling Hills Municipal Code (RHMC) Section 17.46.020. 23 Variance Requests Variance requests are needed to construct: (1) a swimming pool/spa in the front yard, (2) retaining walls exceeding an average of 2½ feet in height, and (3) retaining walls in the front yard. However, since the applicant is still looking at options for the location of the residence, the variance requests may change. Environmental Review The proposed project has been determined to not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts a single-family residence, swimming pool, and accessory structures. Public Participation Mr. John Lacey was able to provide comments at the March 21, 2023 Planning Commission meeting regarding reducing grading and land movement. An email was received from Mr. Dave Long who indicated his home is situated directly across the project site. Mr. Long is opposed to the project. His email is attached. Correspondences and testimony were made by Mr. Nikos Constant. A letter is attached. CRITERIA FOR SITE PLAN REVIEW 17.46.050 - Required Site Plan Review findings. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a Site Plan Review application. No project which requires Site Plan Review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or 24 transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. 10. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. CRITERIA FOR VARIANCES 17.38.050 Required Variance findings . In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends the Planning Commission open the public hearing, receive public testimony, discuss the proposed project, provide direction to staff and the applicant, and continue the public hearing. ATTACHMENTS: ATTACHMENT1_CL_PBN_230321_4PoppyTrail_ZC22-51_VicinityMap.pdf ATTACHMENT2_PL_ADR_4PoppyTrail_ZC22-51_DevelopmentTable.pdf ATTACHMENT3_PL_ADR_4PoppyTr_ZC22-51_230711_Email_DaveLong.pdf ATTACHMENT4_CL_AGN_230718_PC_Item9A_PublicComment_NConstant.pdf ATTACHMENT5_PL_ADR_4PoppyTrail_ZC22-51_ArchitecturalPlans.pdf ATTACHMENT6_PL_ADR_4PoppyTrail_ZC22-51_LandscapePlan.pdf ATTACHMENT7_PL_ADR_4PoppyTrail_ZC22-51_SitePlan_Grading.pdf ATTACHMENT8_PL_ADR_4PoppyTrail_ZC22-51_Alternate_Development_on_Barn_Pad.pdf 25 City of Rolling Hills TITLE VICINITY MAP CASE NO. ZONING CASE NO. 22-51 Site Plan Review, Variance OWNER ARVIDSON ADDRESS 4 POPPY TRAIL, ROLLING HILLS, CA 90274 SITE 1,000’ Georgeff Rd 26 DEVELOPMENT TABLE ZONING CASE NO. 22-51 (4 POPPY TRAIL) Site Plan Review and Variance PAD 1 (SF) Main Residence PAD 2 (SF) ADU PAD 3 (SF) Stable TOTAL (SF) Uses RAS-2 Zone Setbacks Front: 50 ft. Side: 35 ft. Rear: 50 ft. Single family residence, garage, pool Meets all setbacks ADU Meets all setbacks Existing Stable Variance approved for yard encroachment Pad Area/Net Lot Area 20,635 2,770 16,200 277,335 Residence 7,290 7,290 Garage 1,100 1,100 Swimming Pool/Spa 540 540 Pool Equipment 50 50 ADU 850 850 Stable (min. 450 SF) 3,330 3,330 Attached Covered Porches 985 150 150 1,285 Attached Trellises 195 195 Lightwell 445 445 Service Yard 95 95 Total Structure Area 10,700 1,000 3,480 15,180 Total Structural Coverage (20% max) 5.5% Total Flatwork 17,400 % of Front Setback Covered (20% max) 13.2% Total Structural and Flatwork 32,580 Total Lot Coverage (35% maximum) 11.8% Building Pad Coverage (Policy: 30% maximum) 51.85% 36.1% 21.5% Disturbed Area (40% maximum; up to 60% with slopes less than 3:1) 109,995 39.7% Grading 22,340 Cut / 19,534 Fill Export: 2,806 CY (export to excavate basement and pool exempt) 41,874 Total 27 1 John Signo From:Dave Long <dlong@dblsearch.com> Sent:Tuesday, July 11, 2023 2:00 PM To:Planning Subject:Zoning case no. 22-51 Caution: External (dlong@dblsearch.com)   First-Time Sender Details      Report This Email  FAQ  Protection by INKY     Dear Planning Commission,    Our home is situated directly across proposed the site in Zoning case no. 22‐51.  We are adamantly opposed to any  construcƟon of a family residence that is so low in the canyon and so close to our property.  There are no other  residences (only stables) that are like what the Arvidson’s are proposing in the canyon, and it would permanently  destroy the rural ambiance we have enjoyed for twenty plus years living in this beauƟful community.  Our property and  our neighbors’ homes will be negaƟvely impacted by the construcƟon noise for an extended period of Ɵme, not to  menƟon the future noise associated with a new residence and swimming pool, so close to our properƟes.  Our property  values also would be adversely affected.  Again, we are adamantly opposed to this project.    Thank you for your consideraƟon.  David Long      28 4 Poppy Trail Development TO: Rolling Hills Planning Commission, Mayor, City Council, City Attorney, RHCA, and Neighbors FROM: The Constant Family, 25 Georgeff Road DATE: July 18, 2023 RE: July 18, 2023 Regular Planning Commission Meeting Public Hearing Item 9.A. ZONING CASE NO. 22-51 I’m writing, in addition to commenting at today’s planning commission meeting, in case the Zoom technology does not work, as I’m traveling. I have had serious concerns about the development of 4 Poppy Trail since it was first announced several years ago. Historically, Georgeff Canyon, where 4 Poppy Trail is located, has seen land movement, accompanied by extensive litigation. As the Sunday, July 16, 2023 Daily Breeze article “Water appears likely culprit in landslide” states: “In 2005, a chunk of hillside in Rolling Hills fell 100 feet onto Poppy Trail, a curving street below. It blocked the road, leaving residents of eight mulDmillion-dollar homes stranded. It took years of lawsuits to straighten the situaDon out. In the meanDme, the homeowners had to use four-wheel drive vehicles to navigate the slide.” Of course, the Daily Breeze article’s main purpose is to place a historical perspective on the very recent Rolling Hills Estates Peartree Lane Landslide that is now international news. I’m sure many of us that live and work in Rolling Hills have received questions from friends and relatives around the world as to how close we are to that civic disaster along with a barrage of other detailed questions. It sure seems like the Ralph’s Fresh Faire has been a lot more crowded lately. There are four major issues with 4 Poppy Trial that I would like to address: 1. Extreme change of development plans indicates a lack of any plan. 2. Landslide 3. Easements 4. Variance First, the new proposal is an extreme change of plans from what was initially proposed. On first pass, the developer promised that the existing barn would not be demolished, in fact, it would be improved. As Rolling Hills is a noted equestrian community, this promise was taken in good faith, that the developer would leave the existing rural setting of the barn untouched and more importantly, gently improved. As our house at 25 Georgeff Road is directly above the existing 29 barn, the annoyance of hearing workers pounding and shouting was alleviated by the eventual improvement. Now, the proposal is to demolish the barn and install a residence. This extreme change of plans is unacceptable, shocking, and really goes against the equestrian community’s important stature in keeping Rolling Hills’ valuable natural resource of trails, wildlife, and the like, alive. More importantly, extreme changes like this are evidence of a lack of any plan. Extreme changes, strike as desperate and not reasonably considered. As for the second and most important issue of Landslides, the new design is located on top of a historical slide that crosses my property at 25 Georgeff, my next door neighbor’s at 27 Georgeff, and 4 Poppy Trail. When I was doing due diligence in the purchase of my house, I brought out engineering, geologic, and survey teams to map the slide and to see about remediation. They came back with a report stating that more than simple “remedial grading” would be needed to stabilize the slide area. The extent of remediation would include the building of retaining walls, drains, cut and fill, curbs to channel water, caissons driven deep into the ground, re-landscaping, re-fencing, installing sprinklers, steps/paths for access, sewer lines, etc. Ultimately, the experts told me that while it could be done, it would be best to leave a natural feature, that may have been there for hundreds of thousands of years, alone, or to move with extreme caution. In addition, to “fix” the issue would require a ballet of negotiation between neighbors, city, county, engineers, attorneys, construction, and insurance companies. Most importantly, there would be no guarantees of success and as the law of unintended consequences must always be accounted: the fact that my house would be directly above the area’s construction zone, there could be further damages incurred, along with potential negligence issues on the existing geologically stable property and structures. All of the above factors have informed any decisions on the property as we plan for a potential stable, greenhouse, ADU, and pool. With our modus being “proceed with extreme caution and humility”. The new proposal goes against that mantra. The third issue, easements, relates directly to trail access, property access, canyon fire safety, and the like. As we all know, RHCA easements along all property lines are both legally, and neighborly sacrosanct in this community. The maze of easements that surrounds 4 Poppy Trail are a mix of fire access easements and RHCA property line easements. Easements, despite their root French, are anything but easy, legally. The development needs a legal analysis and land survey of how all property easement and access points are to be mapped out, before any planning decisions are made. 30 Finally, the new plan includes a variance for lot line setbacks, etc. As this variance effects neighboring properties, along with RHCA easements, the variance that is asked for would be considered a Constitutional “taking” and therefore needs to be negotiated by all parties, not simply requested and approved by the planning commission. In no way should this letter be considered a final analysis of the 4 Poppy Trail development, and all legal rights and remedies past, present, and future are reserved by The Constant Family and The Constant Family Trust. In closing, I point all invested parties to the 1966 history of Palos Verdes “Time and the Terraced Land” (Howell North Books Page 126) by Augusta Fink. I highlight this quote to emphasize the foreseeability of disaster. Describing the formation of the Palos Verdes Corporation, Augusta writes: “A complex of carefully planned streets was constructed off the horseshoe- shaped road that served the Vanderlip estate, and 1100 acres of land were opened for homes. A community associaDon was formed to insure the quality of the development and the fashionable Portuguese Bend Club became the nucleus for the new community. “It was to this community that disaster came in 1956, The landslide which occurred that summer destroyed the club and about one hundred homes. Residents had pracDcally no warning. On August 29th, a water line ruptured. Service crews determined an offset of several inches in the pipe line. Then, within a maRer of days, houses started to shiS. “When told to evacuate their homes, residents couldn’t or wouldn’t believe it. Great, gaping crevices opened up in living areas and secDons of ceiling fell. Many residents had to be rescued in the middle of the night. Those who were determined to sDck it out lost everything. “The property involved, about 225 acres, covers a porDon of an ancient slide mass, which was know to geologists for many years. In the early 1950s, the Los Angeles County Road Department began construcDon of Crenshaw Boulevard, from Pacific Coast Highway, across the Palos Verdes Hills to Palos 31 Verdes Drive South. Construc+on work crossed the slide mass, then dormant.” Bolded emphasis, mine. Proceed with extreme caution and humility. The Constant Family looks forward to any further challenges presented. Sincerely, Nikos Constant, Esq. 25 Georgeff Road 213-215-5960 32 3/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA1.1ARVIDSON RESIDENCE4 POPPY TRAIL LANE , CALIFORNIA33 MAIN FLOOR PLANDNDN DN DN UP UP MASTERBEDROOMMASTERBATHROOMDRESSINGBEDROOM-3BEDROOM-2BEDROOM-1BATH-1BATH-2CLO.1CLO.2CLO.COVERED PORCHDININGLIVINGENTRYGARAGEF.P.R=10FTR=10FTKITCHENTRASHGALLERYCLO.ELEV.F.P.PDR.DN CLO.FOODBUTLERPOOLBATHF.P. BENCH DENBATH-3GREAT ROOMT.V.UPBENCH DN 2 E4. R #5" EA. FRZ.REF.O. UPDNFF 892.54'FF 891.00'FF 894.49'FF 893.66'FF 892.25'FF 892.41'FF 892.54'FF 893.79'FF 893.54'FF 892.54'FF 894.20'FF 892.54'FF 892.54'FF 892.54'FF 893.37'FF 892.54'FF 895.45'DN LIN.12" LOW PLANTER WALLSPOTENTIALDOORSTORAGESTORAGE STORAGE ENTRY PORCHXS LIGHTWELL LIGHTWELLLIGHTWELL LIGHTWELL 8'-912"27'-0"5'-7"14'-1"5'-0"2'-8"14'-8"35'-0"25'-1"52'-812"25'-1"6'-6"13'-6"21'-10"19'-1"13'-8"16'-11"20'-6"3'-612"7'-1012"15'-6"23'-4 116"20'-0 116"19'-7"5'-6"10'-1012"5'-318"25'-1"49'-8"165'-8"115'-612"165'-818"94'-958"3'-0"16'-8"8'-112"3/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA JOB NORTH2.134 ELEV.UP BEDROOM-8BATH-8PDR.STORAGEUNDERSTAIRLOUNGETHEATERWINEMECH 2BEDROOM-7LAUNDRYCHUTEWDBARCLO.STO.CRAFT ROOMXS BASEMENT PLANLIGHTWELL BEDROOM-6BEDROOM-5CLO.CLO.CLO.CLO.DNDNMECH 1STO.STO.EXERCISESPAJACUZZIWET SAUNADRY SAUNATREATMENTROOMBATH-7BATH-6BATH-5BATH-4LIGHTWELL BILLIARDOPTIONAL STAIRS TO POOL SCREEN CONCEALEDDOORFIRE ACCESS PATH ABOVEOPTIONAL DOORTO POOLLIGHTWELL FIRE ACCESS PATH ABOVE FIRE ACCESS PATH ABOVE LIGHTWELLLIGHTWELL LIGHTWELL SITE PLANTER SITE PLANTER SITE P L A N T E R FIRE A C C E S S PATH A B O V E SI T E P L A N T E R 3/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA JOB NORTH2.235 ROOF PLANCHIMNEY VALLEYGABLERIDGE GABLEVALLEYRIDGERIDGEPITCHBREAKPITCHBREAK2:12 2:12 GABLEVALLEYRIDGE GABLE VALLEYVALLEYGABLERIDGE GABLEVALLEY5:12 5:12WALL BETWEEN ROOFS10'-6"PL10'-6"PL8'-6"PL8'-6"PL8'-6"PL10'-3"PL9'-6"PL12'-4"PL10'-6"PL8'-6"PL8'-6" PL 8'-6" PL 8'-11" PL 8'-7" PL 8'-6"PLPITCHSTANDING SEAM COPPER ROOFBREAKSTANDING SEAM COPPER ROOFCUPOLACHIMNEY 4:12CUPOLATRELLISCHIMNEY 5:12 5:125:12 5:12 5:12 5:125:125:125:125:125:125:125:125:125:125:125:12RIDGERIDGE908.42907.46909.50 909.50 914.83RIDGE 908.82 909.17 910.25 RIDGE907.925:12 5:121'-6" TYP. 3'-0" TYP. 3'-0"2'-0"3'-0"2'-6"3'-0" 3/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA JOB NORTH3.136 8'-6"PL #BEDROOM-1FF 893.548'-6"PL #GARAGE SOUTH ELEVATIONFF 895.45F.G.8'-6"PL #GALLERYFF 893.79FF 892.5410'-6"PL #KITCHENFF 893.669'-10"PL #ENTRYFF 893.79NSNS1X4 VERTICALSIDING14'-11"RIDGE 907.46RIDGE 908.4213'-9"RIDGE 909.5015'-9" 21'-3"RIDGE 914.8315'-2"RIDGE 908.8215'-9"FG 894.50RIDGE 910.25STONE VENEER BASEGABLE VENT TYP. TRUSS PER DET.CUPOLAGARAGE O/H DOORPER DET.FF 892.5410'-3"FG 891.00PL # MAST NORTH ELEVATIONSTEPS TO PATIOF.G.CHIMNEY10'-6"PL #GREAT RM8'-6"FF 893.54PL #GARAGES9'-6"PL # PORCHPL #MAST. BATH12'-4"PL #DENNCUPOLAN11'-9"S13'-11"FG 893.40RIDGE 907.46FG 891.0018'-6"RIDGE 909.5017'-5"RIDGE 908.4223'-10"RIDGE 914.8318'-2"RIDGE 909.17CLASS "A"SHINGLE ROOF1X8 HORIZONTAL SIDINGBUILT-UP POST TYP. EAST ELEVATION10'-6"STONE VENEER10'-3"FF 892.54PL #DENPL #MAST PORCHFF 891.00FG 894.508'-6"PL #BEDROOM-1FF 895.45FG 893.548'-6"PL #GARAGE13'-9"RIDGE 907.46RIDGE 908.4220'-5"RIDGE 914.8315'-9"RIDGE 910.2515'-9"RIDGE 909.5018'-2"RIDGE 909.174'-9" 4'-2" 7'-0" 1'-7" 14'-11"TRELLIS PER PLANCLASS "A"SHINGLE ROOF WEST ELEVATION1/8" = 1'-0"FF 892.5410'-3"FG 891.00FF 895.45PL #MASTPL #BEDROOM-18'-6"PL # BED 28'-11"PL # MAST. BATHPL # BED 3PL # DRESSING8'-6" 8'-6"FF 894.209'-4"FF 893.3718'-2"RIDGE 909.1723'-10"RIDGE 914.8316'-11"FG 894.50RIDGE 910.2514'-11"FG 893.00RIDGE 907.921X8 HORIZONTAL SIDINGCOPPER SEAMROOF PER DET.GABLE VENT TYP. 3/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIA4.137 ADU FLOOR PLANBATH-2BEDROOM-1BATH-1PORCHENTRY PORCHPORCHBEDROOM-2CLO.W/DLIVING / DININGSKYLIGHTABV.SITE WALLSITE WALLREF.KITCHENTV GARDEN16" DEEP POTSHELF28'-3"16'-11"6'-7"6'-10"11'-3"15'-11"9'-2"9'-2"2'-4"37'-7"5'-0"13'-2"5'-3"61'-0"54'-8"4'-9" 4'-2"11'-3"13'-4" 28'-8"SKYLIGHT9'-0"PL9'-0"PL2'-0" 2'- 0 "1'-0"TYP.1'-0"TYP.2'-6" TYP. 3'-0"3'-0"GABLEGABLE GABLE GA B L E RIDGERIDGERIDGERIDGE 9'-0"PL9'-0"PL9'-0"PL8'-4"PL2'- 6 " 5:125:12 5:125:12 5:125:125: 1 2 5: 1 2 VALLEYV A L L E Y TRUSSSITE WALLSITE WALLGARDENOPEN3'-0"889.43891.10889.52 888.85 ROOF PLAN3/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIAADU1 38 FF 876.00'PL # ENTRY PORCH9'-0"PL # BATH-19'-0" 8'-4"PL # BED 2CLASS "A"SHINGLE ROOFGABLE VENT TYP. 1X8 HORIZONTAL SIDINGTRUSS PER DET.EXISTINGRETAINING WALL BEYONDFF 876.00'NORTH ELEVATION1X4 VERTICALSIDINGFG 875.60RIDGE 889.4313'-10"15'-5"RIDGE 891.1013'-11"RIDGE 889.52FG 875.6013'-4"RIDGE 888.85FF 876.00'PL # BED 1 CLO.9'-0" 8'-4"PL # BED 2EXISTINGRETAINING WALLFF 876.00'SOUTH ELEVATIONSKYLIGHT TYP. FG 880.359'-2"RIDGE 891.10RIDGE 889.4310'-9"PL # BED 1 CLO.9'-0"FF 876.00'FF 876.00'PL # ENTRYPORCH9'-0"PL # BATH- 29'-0"FF 876.00'FF 876.00'PL # ENTRY PORCH9'-0" 8'-4"PL # BED 2EAST ELEVATIONWEST ELEVATIONOPEN16" DEEP POT SHELF6X6 CORBEL BRACESFG 875.60RIDGE 889.4313'-10" 15'-5"RIDGE 891.1013'-11"RIDGE 889.5213'-11"RIDGE 889.5213'-4"RIDGE 888.85RIDGE 891.1010'-9"FG 880.353/15/2023 10:29 AM ARVIDSON RESIDENCE 4 POPPY TRAIL LANE, CALIFORNIAADU2 39 40 41 42 43 44 45 7567-014-0107567-001-0177567-001-0167567-001-0187567-001-0137567-006-0277567-006-0287567-006-0267567-014-0287567-014-0277567-015-0077567-014-0261ID No. Address/APN2345679101181213141516171819202122237567-001-008#2 POPPY TRAIL#7 POPPY TRAIL#3 POPPY TRAIL#38 CHUCKWAGON#9 REATA LANE#0 POPPY TRAIL#1 POPPY TRAIL7567-006-024#44 CHUCKWAGON7567-006-025VACANT LAND#40 CHUCKWAGON#36 CHUCKWAGON7567-014-025#8 REATA LANE#7 REATA LANE#5 REATA LANE#3 REATA LANE7567-014-024#6 REATA LANE7567-014-023#2 REATA LANE7567-014-022#23 GEORGEFF ROAD#22 GEORGEFF ROAD7567-014-021#25 GEORGEFF ROAD7567-014-018#24 GEORGEFF ROAD7567-014-012#26 GEORGEFF ROAD7567-014-019#27 GEORGEFF ROAD247567-014-013VACANT LAND25267569-007-00224 PORTUGUESE BEND RD7569-007-00326 PORTUGUESE BEND RD277567-014-017VACANT LOTID No. Address/APNN72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'N64°57'08"W249.73'N17°35'20"W660.00'S84°11'15"E174.38'N41°05'00"E98.40'S79°11'45"E86.33'N17°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° 12' 28"W84.80'S42° 07' 10"W56.00'L=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0.0 0'Δ =3 5 °4 4 ' 4 9"L=4 2.21',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12'N80° 51' 24"W38.48'N57° 03' 32"W51.79'30306030FOR PLANNING PURPOSES ONLY ENGINEERING CORP.C0.04 POPPY TRAILROLLING HILLS, CA 90274INDEX OF SHEETS:OVERALL SITE PLANSCALE: 1" = 30'VICINITY MAP SCALE: 1" = 500'VICINITY MAP ADDRESSESLEGENDACRONYMSPARCEL 1PARCEL 3PARCEL 4PARCEL 4PARCEL 5 PARCEL 6 LEGAL DESCRIPTIONA.D .U .C0.0OVERALL SITE PLANC0.1 EXISTING SITE CONDITIONSC1.0 PROPOSED SITE PLANC1.1 SECTIONSC1.2 SECTIONS (cont'd)C2.0 CIVIL DETAILSCM COLOR SITE MAPCN CUT FILL COLOR MAPGARAGERESIDENCE 450' 620' 650' 650' 425' 655' Pool in Front Yard46 LOT 21 TRACT 19040PORTION OF LOT 22TRACT 19040PORTION OF LOTS 9, 17AND 22 TRACT 19040AND PORTION OF LOT 34LACA MAP 51PORTION OF LOT 9 AND LOT 17 TRACT 19040POPPY TRIALPOPPY TRIALPORTION LOT 191L.A.C.A. MAP No. 51LOT 20 TRACT 19040LOT 18 TRACT 1904055'50.000 60.000 100.000DIRTDIRT DIRTDIRT10006787.3310027960.97POOLASPHASPHBRUSHBRUSHBRUSHDIRT799.6882.3784.6783.8784.4956.8956.2956.5957.4957.4957.3956.8BRUSHDIRTDIRTBRUSH785.9785.2785.9785.9799.0799.1892.3891.6DIRTDIRT909.8790.2784.5784.2783.1784.8784.5785.7803.6801.4803.8805.3799.9ASPH788.6DIRTBRUSH881.9881.9814.1816.3ASPHBRUSHBRUSHDIRTASPH847.2BRUSH957.3956.8ASPH914.5877.110006787.3389591091592090590091592091088087587086586085585084584083583088589082081581080580079579082580583082081581080079582589588589086587088086087584083584585085590090588589088089587087586586083084083584585085582082581588088587087586586084084585085589089590590089589088588087587086586084585085584084588588087587086586089089590090591091592094093593092594595095583083582082585085584084588588087587086586089089590090591091592094093593092594595095596080581081583083582082585085584084588588087587086586080581088580079580581081583083582082585085584084588087587086586086585586087084581081582584083583087585086585586087082079079580079579078077577076576078077577076578077577078077578578578578580079079580578578079078578579079580079580581079580080079580581081580082081081581081581582082583088588087589089590089089590090582583083584084585082085586087087588086588582081584082583083581088087586587082583083584084585085586088589091592092590589090089591088087587088596597097598010159859909951010100510009309359259659809709759459409559509608908959009059109159209259409359309459509559609258908858959008308358258508558408458808758708658609109059159208359009059109158908858958508558408458808758708658609209259309359009059109158908858958808758708658658558508358408458608258308508558358408458608308658708908958808758858508558408458608658708908959009059109159209258808758858508558608658708658558608758808858908558708658608908959009059109159208808758858658608708758658608708558808858758708708658858909459509559209259309359409951000100596597098599094595095593093594096097598099010251030965970955975960980100099598510201015100510409809859909951000100510101015102010251030103597096596097597598599099510001005960970965980975100510109901000995980940935930945950955940945950950925955945940935930920920925930900905910915890895885880930S79° 12' 28"W84.80'S42° 07' 10"W56.00'PARCEL 2EASEMENTPER TITLEREPORTPARCEL 6EASEMENTPER TITLEREPORTPARCEL 4EASEMENTPER TITLEREPORTPARCEL 4EASEMENTPER TITLEREPORTL=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0.00 'Δ =3 5 °4 4 ' 4 9 "L=42 .21 ',R =8 0 .0 0 'Δ =3 0 °1 3 ' 5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12'N80° 51' 24"W38.48'N57° 03' 32"W51.79'30306030FOR PLANNING PURPOSES ONLY ENGINEERING CORP. C0.1EXISTING SITE CONDITIONSSCALE: 1" = 30'LEGENDACRONYMSPARCEL 3PARCEL 4PARCEL 4PARCEL 5 PARCEL 6 AINROFILACFOETATS LS 8958EXP 9/30/24LICEN S E DLANDSURVEYORBR IA NG.ON'EILL47 N72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'TRACT 19040NOT A PARTN64°57'08"W249.73'N17°35'20"W660.00'N41°05'00"E98.40'S79°11'45"E86.33'N17°35'20"W50.000 60.000 100.000DIRT DIRTDIRT10006787.3310027960.97ASPH784.6783.8784.4956.8956.2956.5957.4957.4957.3956.8785.9785.9790.2784.5784.2783.1784.8785.7803.6801.4805.3ASPH788.6DIRT814.1816.3ASPHDIRTASPH847.2957.3956.8ASPH10006787.33805830820815810800795825835830835820825815885880830835820825850855840845885880875870865860890895900905910915920940935930925945805810815830835820825850855840845885880875870865860805810885800795805810815830835820825850855840845880875870865860795790780775770780775785800790795805785780790785785790795800795805810795800800795805810815800820810815810815815820825830825830835840845850820855860820815840825830835810825830835840845850855985990995930935925965980970975945940955950960890895900905910915920925940935930945950925890885895900830835825850855840845880875870865860910905915920835900905910915890885895850855840845880875870865860920925930935900905910915890885895880875870865865855850835840845860825830850855835840845860830865870880875885850855840845860865870880875850855860865870865855860875880885890855870865860955960970965960975960970965980975980940935930945950955940945950950925955945940935930920920925930900905910915890895885880S79° 12' 28"W84.80'S42° 07' 10"W56.00'L=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0 .0 0 'Δ =3 5 °4 4 '4 9 "L =4 2 .2 1',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'N16° 14' 05"W99.54'N33° 38' 35"W108.12'20204020FOR PLANNING PURPOSES ONLY ENGINEERING CORP. C1.0PROPOSED SITE CONDITIONSSCALE: 1" = 20'LEGENDACRONYMSTYP. RETAINING WALL1TYP. RETAINING WALL2TYP. RETAINING WALL31122333GARAGEA.D.U.WALL HEIGHT COMPUTATIONRESIDENCEWALL AWALL BWALL CWALL EWALL EWALL GWALL GWALL FWA L L AWALL EWALL A48 SECTIONS LEGENDFOR PLANNING PURPOSES ONLY ENGINEERING CORP. C1.1SECTION A-ASCALE: 1" = 10'SECTION A-ASCALE: 1" = 10'SECTION B-BSCALE: 1" = 10'SECTION C-CSCALE: 1" = 10'49 SECTIONS LEGENDFOR PLANNING PURPOSES ONLY ENGINEERING CORP. C1.2SECTION D-DSCALE: 1" = 10'DRIVEWAY PROFILESCALE: 1" = 30'50 FTBSV CONFIGURATION(OPTIONS: BASIN "-B", GREEN INFR. INLET "-I", PIPE INLET "-P", SLOTTED THROAT INLET "-T")MEDIABAY SIZEVAULT SIZE(L x W)LONG SIDE INLETDESIGNATIONSHORT SIDE INLETDESIGNATIONAVAILABILITYOUTLETPIPE DIAMIN. NO. OF INLETPIPES (-P ONLY)4 x 44 x 4FTBSV0404FTBSV0404ALL4" SDR 3516 x 46 x 4FTBSV0604FTBSV0406N/A CA4" SDR 3516.5 x 46.5 x 4FTBSV06504FTBSV04065CA ONLY4" SDR 3517.83 x 4.5 7.83 x 4.5FTBSV078045FTBSV045078DE,MD,NJ,PA,VA.WVONLY4" SDR 3518 x 48 x 4FTBSV0804FTBSV0408N/ADE,MD,NJ,PA,VA,WV4" SDR 3516 x 66 x 6FTBSV0606FTBSV0606ALL4" SDR 3518 x 68 x 6FTBSV0806FTBSV0608ALL4" SDR 35110 x 610 x 6FTBSV1006FTBSV0610ALL6" SDR 35212 x 612 x 6FTBSV1206FTBSV0612ALL6" SDR 35213 x 713 x 7FTBSV1307FTBSV0713ALL6" SDR 35214 x 814 x 8FTBSV1408†N/AALL6" SDR 35316 x 816 x 8FTBSV1608†N/AN/A OR,WA6" SDR 35315 x 915 x 9FTBSV1509†N/AOR,WA ONLY6" SDR 35318 x 818 x 8FTBSV1808†N/ACALL CONTECH6" SDR 35320 x 820 x 8FTBSV2008†N/ACALL CONTECH6" SDR 35422 x 822 x 8FTBSV2208†N/ACALL CONTECH6" SDR 354†UTILIZES (2) CURB OPENINGS WITH MIN 1' SPACINGN/A = NOT AVAILABLESDR 35 OUTLET COUPLING CASTINTO PRECAST VAULT WALL(OUTLET PIPE LOCATION MAY VARY)* * *CURB AND GUTTER(NOT BY CONTECH)SEE FILTERRA BIOSCAPE VAULT CURBINLET DETAIL SHEET18" GI INLET (CAST-IN)ENERGY DISSIPATION ROCKSPLANT PROVIDED BY CONTECHSECTION A-AGREEN INFRASTRUCTURE INLET - TOP FLUSH WITH TOP OFCURB, NOT INTENDED FOR SIDEWALK APPLICATIONSPLAN VIEWSHORT SIDE INLET4' CURB INLET (MAX)REFER TO OTHERDETAILS FORALTERNATE INLETSINLET SHAPING(NOT BY CONTECH)CURB(NOT BY CONTECH)UNDERDRAIN FLOWKITTYPE A2-8 (Modified)MOW CURBTYPE A1-6 (Modified)FOR PLANNING PURPOSES ONLY ENGINEERING CORP. C2.051 N72°45'18"W89.84'S35°24'10"W106.06'N17°35'20"W204.11'34.79'S22°47'47"E96.86'S21°36'25"E183.79'S42°09'50"W430.68'S22°47'47"E129.97'N64°57'08"W249.73'N17°35'20"W660.00'S84°11'15"E174.38'N41°05'00"E98.40'S79°11'45"E86.33'N17°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° 12' 28"W84.80'S42° 07' 10"W56.00'L=138.68',R=102.49'Δ=77°31'30"L =6 2 .3 9 ',R =10 0.0 0'Δ =3 5 °4 4 ' 4 9"L=4 2.21',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12'N80° 51' 24"W38.48'N57° 03' 32"W51.79'PROP(RTY LIN((AS(0(NTS(T%AC.N(T LOT AR(A(;ISTING 'IST8R%ANC(PROPOS(' %8IL'ING PA' PROPOS(' %8IL'ING PA' 2(;ISTING STA%L(PROPOS(' R(SI'(NC(PROPOS(' GARAG(PROPOS(' POOLPROPOS(' G8(ST HO8S(PROPOS(' 'RI9(:AYPROPOS(' CONCR(T(PROPOS(' CO9(R(' PORCHPROPOS(' LIGHT:(LLSPROPOS(' R(TAINING :ALL(;ISTING 0A-OR CONTO8R(;ISTING 0INOR CONTO8R)8T8R( 0A-OR CONTO8R7567-014-0107567-001-0177567-001-0167567-001-0187567-001-0137567-006-0277567-006-0287567-006-0267567-014-0287567-014-0277567-015-0077567-014-0261ID No. Address/APN2345679101181213141516171819202122237567-001-008#2 POPPY TRAIL#7 POPPY TRAIL#3 POPPY TRAIL#38 CHUCKWAGON#9 REATA LANE#0 POPPY TRAIL#1 POPPY TRAIL7567-006-024#44 CHUCKWAGON7567-006-025VACANT LAND#40 CHUCKWAGON#36 CHUCKWAGON7567-014-025#8 REATA LANE#7 REATA LANE#5 REATA LANE#3 REATA LANE7567-014-024#6 REATA LANE7567-014-023#2 REATA LANE7567-014-022#23 GEORGEFF ROAD#22 GEORGEFF ROAD7567-014-021#25 GEORGEFF ROAD7567-014-018#24 GEORGEFF ROAD7567-014-012#26 GEORGEFF ROAD7567-014-019#27 GEORGEFF ROAD247567-014-013VACANT LAND25267569-007-00224 PORTUGUESE BEND RD7569-007-00326 PORTUGUESE BEND RD277567-014-017VACANT LOTID No. Address/APN30306030FOR PLANNING PURPOSES ONLY ENGINEERING CORP.CM4 POPPY TRAILROLLING HILLS, CA 90274OVERALL SITE PLANSCALE: 1" = 30'VICINITY MAP SCALE: 1" = 500'VICINITY MAP ADDRESSESCOLOR MAP LEGENDACRONYMSPARCEL 1PARCEL 3PARCEL 4PARCEL 4PARCEL 5 PARCEL 6 LEGAL DESCRIPTIONA.D .U .POOLGARAGERESIDENCE 52 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12' 28"W 84.80'S42° 07' 10"W56.00'L = 1 3 8 .6 8 ',R=102.49' Δ =7 7 ° 3 1'30" L =6 2 .3 9 ',R =10 0.0 0'Δ =3 5 °4 4 '4 9 "L=4 2.2 1',R =8 0 .0 0 'Δ =3 0 °1 3 '5 0 "N84° 49' 55"E42.93'L=42.21',R=80.00'Δ=30°13'51"N42° 07' 10"E103.60'S22° 50' 27"E159.94'S74° 48' 32"W 74.26'S16° 14' 05"E84.84'S47° 05' 10"E70.86'L=80.61',R=30.00'Δ=153°57'40"L=17.24',R=30.00'Δ=32°55'06"N16° 14' 05"W99.54'N33° 38' 35"W108.12' N80° 51' 24"W38.48'N57° 03' 32"W51.79' FOR PLANNING PURPOSES ONLY ENGINEERING CORP.C0.04 POPPY TRAILROLLING HILLS, CA 90274OVERALL SITE PLANSCALE: 1" = 30'PARCEL 1PARCEL 3PARCEL 4PARCEL 4 PARCEL 5 PARCEL 6 A.D.U.RESIDENCE (P) S t a b l e AREA OF "Qd", IDENTIFIED BYGMU, TO BE REMEDIATED54 Agenda Item No.: 10.A Mtg. Date: 08/15/2023 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU:DAVID H. READY SUBJECT:AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:August 15, 2023 BACKGROUND: The City Council last updated the RHMC’s wireless communication facility (“WCF”) regulations in 2004. Numerous federal and state laws and regulations have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless communication facilities (“WCF”). Noteworthy features of these regulations include the following: 1. Ban on Moratoria On August 2, 2018, the Federal Communications Commission (“FCC”) adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (“Moratoria Order”), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the Moratoria Order was made effective upon release. This means that there can be no pause in accepting or processing applications to allow a city to study and address potential issues. 2. Shot Clocks and Enhanced Remedies The FCC has adopted shot clocks (i.e., timelines) within which a local government must act on WCF applications. The most recent shot clocks have focused on applications for small WCFs and modifications to existing WCFs. 55 2009 Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on WCF applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications:(1) a 60-day shot clock for collocations; and (2) a 150-day shot clock for all other types of WCF applications. The State of California later adopted AB 57 (Gov. Code 65964.1), which that took effect on January 1, 2016, and created a “deemed granted” remedy (effective January 1, 2016 for collocations and “other” applications; effective January 1, 2022 for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks. This “deemed granted” remedy is available for any application under these shot clocks other than those proposed for placement on fire department facilities. Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing WCFs must be approved at the local level. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these “eligible facilities requests” (29 FCC Rcd. 12865). More recently, the FCC adopted clarifications and changes to its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being deemed approved under federal law. Small Wireless Facilities Shot Clocks : On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (“Small Cell Order”), which, among other things: Created new shorter (60-day and 90-day) shot clocks for small WCFs (as defined in the Small Cell Order); Interpreted existing shot clock regulations to require local public agencies to issue all relevant permits and authorizations within this period; Established a national standard for an effective prohibition related to small WCFs that replaced the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit; and Provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The Small Cell Order took effect went into effect in part on January 14, 2019, and in part on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions of the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020) (“City of Portland”)). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for en banc review of the above-referenced panel’s decision. In 2021, the California legislature enacted AB 537 (Gov. Code 65964.1), which further expanded the reach of AB 57’s deemed granted remedy to apply to all WCF applications subject to FCC shot clocks. Following AB 537, a deemed approved remedy is available for each and every WCF application type—which is triggered when the local government fails to render a final decision on a WCF application and issue all necessary approvals by the applicable FCC shot clock deadline. 56 3. Limits on Design Standards In addition to the foregoing, the Small Cell Order placed limits on aesthetic regulations for small WCFs, including undergrounding. Under the Small Cell Order, local aesthetic regulations are permissible so long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the applicable WCF aesthetic requirements). In City of Portland discussed above, the Court invalidated certain portions of the FCC’s Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance. 4. Limits on Fees The Small Cell Order declared that all WCF-related fees (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government’s costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels (called “safe harbors”) that include: non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for attachment to a local government’s poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the public right-of-way. DISCUSSION: Staff and the City Attorney’s Office reviewed the RHMC’s processes and regulations governing WCFs. From this review, it was determined that various amendments to the RHMC are warranted in order to comply with the changes in federal and state law profiled above. The attached ordinance so amends the RHMC. A. Repealing and replacing Section 17.27.040, ““Wireless communication antennas and facilities”: a. Clarifies which facilities are exempt from the location, permit requirements, and other provisions of Section 17.27.040; b. Specifies that either a temporary use permit, zone clearance approval, or a conditional use permit is required all wireless communications facilities subject to Section 17.27.040 and establishes which types of facilities are subject to which type of approval and the procedures for such review; c. Establishes general standards for wireless communications facilities, such as aesthetics, landscaping, setbacks and lighting; d. Creates an application process with documentation requirements and a list of standard conditions of approval; and e. Provides for instances where the requirements provided for in Section 17.27040 may be waived or modified. B. Amending Section 17.44.020, “Applicability,” to add a new subsection (G), requiring zone clearance for the installation, construction, modification, replacement, or placement of certain wireless communications facilities. C. Amending Section 17.48.040, “Allowed Temporary Uses,” to add a new subsection (B) 57 (4) related to temporary wireless facilities via a temporary use permit. Findings: Section 9-2.1601 of the RHMC provides that the City’s Zoning Chapter “may be amended to reclassify zones, to alter the boundaries of districts, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed pursuant to provisions of Title 7 of the Government Code of the State.” RHMC Section 9-2.1602 allows City staff to initiate a Zoning Code amendment. Finally, state law provides that city zoning ordinances must be consistent with the general plan of the city, pursuant to Government Code section 65860. Here, the proposed Zoning Code amendments are consistent with the City’s General Plan as follows: 1. General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; 2. General Plan Safety Element Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; 3. General Plan Safety Element Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and 4. Land Use Goal 2: Accommodate development which is compatible with and complements existing land uses. Wireless Application A draft Wireless Application is included as Attachment 2. The Wireless Application includes a checklist of information needed to deem an application complete. It is meant to guide applicants and ensure proposals meets the City's wireless requirements. Section 17.27.040 (C) of the draft ordinance permits the Director of Planning and Community Services to generate and update the form from time to time as necessary. No action by the Planning Commission is required on the Wireless Application. ENVIRONMENTAL The proposed ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the ordinance is exempt CEQA because the City Council’s adoption of the ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding 58 the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). FISCAL IMPACT: None. RECOMMENDATION: 1. Open and conduct a public hearing; 2. Find that proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), State CEQA Guidelines Section 15304 (minor alterations to land), or, in the alternative, Sections 15378 and 15061(b)(3); and 3. Adopt Resolution No. 2023-10 (Attachment 1), which recommends that the City Council adopt the proposed Ordinance No. 384 (Exhibit "A" to Attachment 1). ATTACHMENTS: ATTACHMENT1_2023-10_PCResolution_WCF_Ordinance_081523-c1_F.pdf ATTACHMENT2_PL_WCF_OrdAmend2023_WirelessApplicationDraft_8-8-23-c1.pdf 59 65277.00023\41539302.1 RESOLUTION NO. 2023-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE REGARDING WIRELESS COMMUNICATION FACILITIES AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City’s zoning regulations are contained in Title 17 of the Rolling Hills Municipal Code (“RHMC”). Among other things, Title 17 includes regulations governing wireless communication facilities (“WCF”); and WHEREAS, the City last updated the RHMC’s WCF regulations in 2004. Since then, changes in federal and state law have placed significant procedural and substantive limits on the City’s exercise of local control over matters involving WCFs; and WHEREAS, the ordinance (“Ordinance”) attached as Exhibit “A” will amend the RHMC’s RCF regulations to comply with changes in state and federal law governing the same; and WHEREAS, on August 15, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the Ordinance. NOW, THEREFORE, the Planning Commission of the City of Rolling Hills does hereby resolve, determine, find, and order as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. Section 2. CEQA. The Planning Commission finds that this Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 60 65277.00023\41539302.1 Page 2 of 4 environment (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). Section 3. General Plan. This Ordinance’s amendments to RHMC Title 17 are consistent with, and in further of, the City’s adopted General Plan. Specifically, General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; and Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; and Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and Land Use Goal 2: Accommodate development which is compatible with and complements existing land uses. This Ordinance furthers these goals, policies, and actions by updating the City's regulations to achieve consistency with federal and state law and making certain refinements to ensure that Title 17 is consistent and clear and provides for streamlined approval processes for wireless communication facilities. Therefore, the Ordinance is consistent with the General Plan. Section 4. Recommendation. Based on the foregoing, the Planning Commission hereby recommends that the City Council approve and adopt the Ordinance attached as Exhibit “A” and incorporated herein by reference. Section 5. Certification. The Planning Commission Chair shall sign and the Secretary shall attest to the adoption of this Resolution. Section 6. Effective Date. This Resolution takes effect immediately upon its adoption. 61 65277.00023\41539302.1 Page 3 of 4 PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2023. BRAD CHELF, CHAIRPERSON ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 62 65277.00023\41539302.1 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2023-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE REGARDING WIRELESS COMMUNICATION FACILITIES AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT was approved and adopted at a regular meeting of the Planning Commission on August 15, 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. __________________________________ CHRISTIAN HORVATH, CITY CLERK 63 65277.00023\41462504.5 -1- ORDINANCE NO. 384 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO WIRELESS FACILITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, California Government Code, section 65800 et seq., authorizes the City of Rolling Hills (“City”) to adopt and administer zoning laws, ordinances, rules and regulations as a means of implementing the General Plan; and WHEREAS, the City’s zoning regulations are contained in Title 17 of the Rolling Hills Municipal Code (“RHMC”). Among other things, Title 17 includes regulations governing wireless communication facilities (“WCF”); and WHEREAS, Title 17’s WCF regulations were most recently amended in 2004. Since then, changes in federal and state law—including various court decisions and Federal Communications Commission (FCC) orders and regulations—have placed significant procedural and substantive limits on the City’s exercise of local control over matters involving WCFs. This ordinance (“Ordinance”) amends Title 17 to comply with these changes in the law; and WHEREAS, California Government Code sections 65854 and 65856(a) require the Planning Commission and the City Council, respectively, to conduct public hearings on proposed amendments to Title 17 (i.e., zoning code amendments). The Planning Commission’s action serves as a recommendation to the City Council; and WHEREAS, on August 4, 2023, the City gave public notice of a Planning Commission public hearing to consider this Ordinance by advertisement in a newspaper of general circulation; and WHEREAS, on August 15, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission recommended that the City Council adopt the Ordinance; and WHEREAS, on [DATE], the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and WHEREAS, on [DATE], the City Council considered the staff report, recommendations by staff, and public testimony regarding this Ordinance. WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. EXHIBIT “A” 64 65277.00023\41462504.5 -2- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and are incorporated herein. SECTION 2. California Environmental Quality Act. The City Council finds that this Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance would covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City would have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land). SECTION 3. General Plan. The City Council hereby finds that this Ordinance’s amendments to RHMC Title 17 are consistent with, and in further of, the City’s adopted General Plan. Specifically, General Plan Safety Element Policy 5.10: Support the development and further implementation of a peninsula-wide disaster plan; and Policy 5.14: Ensure the reliability of essential facilities such as communications towers, electrical substations, water services, and first-response buildings in the event of an emergency through promoting grid resilience and energy independence. Work to implement on-site power generation through solar photovoltaic systems and battery storage; and Policy 5.16: Increase access to essential resources and facilitate effective communication in the community to accelerate recovery following such a disaster; and Land Use Goal 2: Accommodate development which is compatible with and complements existing land uses. This Ordinance furthers these goals, policies, and actions by updating the City's regulations to achieve consistency with federal and state law and making certain refinements to ensure that Title 17 is consistent and clear and provides for streamlined approval processes for wireless communication facilities. Therefore, the Ordinance is consistent with the General Plan. 65 65277.00023\41462504.5 -3- SECTION 4. Code Amendment. Section 17.27.040 of the Rolling Hills Municipal Code is amended to read in its entirety as follows: “17.27.040 Wireless communication antennas and facilities. A. General. This Section establishes standards and procedures for the development and operation of wireless communications facilities, including, but not limited to, personal wireless services facilities, non-exempt satellite antennas, and single pole/tower amateur radio antennas. The requirements of this Section apply to all wireless communication facilities on public and private property and within the right of way that transmit and/or receive electromagnetic signals, including, but not limited to, personal wireless services, satellite, and radio and television broadcast facilities. 1. Application Types. a. Type 1 – Collocation of a small wireless facility on an existing structure. Type 1 applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for Eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for Eligible facilities request purposes) but the proposed facility does not qualify as an Eligible facilities request. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type I application. b. Type 2 – Collocation on an existing structure which does not qualify as a Type 1 small wireless facility collocation or a Type 5 eligible facilities request. Type 2 applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for Eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for Eligible facilities request purposes) but the proposed facility does not qualify as an Eligible facilities request. c. Type 3 – New small wireless facility on a new or replacement structure. Type 3 applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure. d. Type 4 – New tower or any other wireless facility that is not a Type 1, 2, 3, 5, or 6 application. Type 4 applications shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type 1, 2, 3, 5, or 6 applications. e. Type 5 – Eligible facilities requests. Type 5 applications shall 66 65277.00023\41462504.5 -4- include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations. f. Type 6 – Temporary facilities. Type 6 applications shall include any applications for a temporary facility to provide wireless services on a temporary or emergency basis. 2. Permit Requirements. No wireless communication facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this Section and without obtaining all permits required under any other applicable state, federal, or local laws or regulations. a. Conditional Use Permit Required. A conditional use permit shall be required for Type 4 applications, which shall be reviewed and processed in accordance with Chapter 17.42 of this Code and the requirements of this Section 17.27.040. b. Zone Clearance Required. A zone clearance shall be required for Type 1, 2, 3, and 5 applications, which shall be reviewed and processed in accordance with Chapter 17.44 of this Code and the requirements of this Section 17.27.040. c. Temporary Use Permit Required. A temporary use permit shall be required for Type 6 applications, which shall be reviewed and processed in accordance with Chapter 17.48 of this Code and the requirements of this Section 17.27.040. 3. Exempt Wireless Communication Facilities. The following wireless communication facilities are exempt from the requirements of this Section: a. Wireless facilities operated by the City for public purposes. b. Hand-held mobile, marine, and portable radio transmitters and/or receivers which are not affixed to land or a structure. c. Traditional terrestrial radio and television mobile broadcast facilities. d. A single ground-mounted or building-mounted antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions: (1) Satellite Dish 39.37 inches (one meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot, provided it does not exceed the height of the ridgeline of the primary structure on the same parcel. (2) Non-Satellite Dish 39.37 inches (one meter) or Less. A dish 67 65277.00023\41462504.5 -5- antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot. e. Amateur radio antennas meeting the following requirements: (1) That are completely enclosed within a permitted building; or (2) That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or (3) That consist of a single ground-mounted vertical pole or whip antenna not exceeding 50 feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast. B. Definitions. For the purpose of this chapter, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; unless more specifically defined in this chapter, the word “building” is interchangeable with the word “structure,” and the word “shall” is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with that equipment described herein which is most substantially similar, from a functionality standpoint. Reference to “facility” is interchangeable with “wireless communications facility,” unless otherwise noted. 1. “Antenna” shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location. 2. “Applicant” or “provider” shall mean the person or entity applying for a permit to install wireless communications facilities. 3. “Base Station” shall have the same meaning as defined by 47 C.F.R. Section 1.6100(b)(1), or any successor provision. 4. “Colocation,” “Co-location,” and “Collocation” shall mean the same as defined by the FCC in 47 C.F.R. § 1.6002(g), which means (1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests (Type 5), “Colocation,” “Co-location,” and “Collocation” shall mean the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), which means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. 68 65277.00023\41462504.5 -6- 5. “Eligible Facilities Request” shall mean any request for modification of a legally existing tower or base station that does not substantially change the physical dimensions of such tower or base station as defined in 47 C.F.R. section 1.6100(b)(3), or any successor provision. 6. “Monopole” shall mean a free-standing pole, like a slim line, flagpole, or similar structure. 7. “Personal Wireless Services” shall mean those services as defined in 47 U.S.C. section 332(c)(7)(C)(i), or any successor provision, current examples of which include, but are not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 8. “Roof-mounted” shall mean any type of facility in which antennas are mounted on the roof, parapet, or similar feature of a structure. 9. “Small Wireless Facility” shall mean the same as defined by the FCC in 47 C.F.R. section 1.6002(l), or any successor provision. 10. “Support structure” shall mean any structure capable of supporting a base station, as defined in 47 C.F.R. section 1.6002(m), or any successor provision. 11. “Temporary facility” shall mean any wireless communication facility intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency, as defined in Government Code section 8558, requiring additional service capabilities. 12. “Tower” shall mean the same as defined in 47 C.F.R. section 1.6100(b)(9), or any successor provision. This definition does not include Utility Poles. 13. “Utility pole” shall mean any structure designed to support electric, telephone, and similar utility lines. A Tower is not a utility pole. 14. “Wireless communications facilities” and “facilities” shall mean any transmitters, antenna structures, equipment cabinets, concealment, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). C. Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless communications facility shall complete and submit an application to the Planning and Community Services Department for review and processing, upon the form published by the Director of the Planning and Community Services Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following: 69 65277.00023\41462504.5 -7- 1. Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility. 2. A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project. 3. A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility. 4. A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. D. Findings for Approval. 1. Findings for Approval of a Conditional Use Permit required by this section (Type 4). Approval of any Conditional Use Permit required by this section is subject to the following findings: a. All findings for approval required for Conditional Use Permits as specified in Section 17.42.050; and b. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and c. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and d. The project has received approval from the Rolling Hills Community Association. 2. Findings for Approval of a Non-Eligible Facility Request Zone Clearance required by this section (Types 1, 2, and 3). Approval of any Non-Eligible Facility Request Zone Clearance required by this section is subject to the following findings: a. The proposed facility is consistent with the provisions of Title 17; and b. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception therefrom; and 70 65277.00023\41462504.5 -8- c. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and d. The project has received approval from the Rolling Hills Community Association. 3. Findings for Approval of a Zone Clearance for an Eligible Facilities Request required by this section (Type 5). No zone clearance shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made: a. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3)–(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and b. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections 1.6100(b)(7)(i)–(iv), or any successor provisions; and c. The proposed facility will comply with all generally applicable laws. 4. Findings for Approval of a Temporary Use Permit required by this section (Type 6). Approval of any Temporary Use Permit required by this Section is subject to the following findings: a. The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and b. The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and c. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties; and d. The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and e. The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public 71 65277.00023\41462504.5 -9- Utilities Commission; and f. The project has received approval from the Rolling Hills Community Association. E. Design and Development Standards. 1. This subsection establishes generally applicable design and development standards for all wireless facilities, except Type 5 eligible facilities requests. a. The facility shall be erected, located, operated, and maintained at all times in compliance with this section and all applicable laws, regulations, and requirements of the California Building Code, as modified by the City, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility. b. State-of-the-art stealth design technology shall be utilized as appropriate to the site and type of facility so that the proposed wireless facility will look like something other than a wireless facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone facilities shall use designs that are compatible and blend in with the surrounding area. For example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non-reflective. c. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage. d. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within an enclosure or underground vault in a manner that, if aboveground, is visually compatible with the surrounding area and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements. e. The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or otherwise blend in with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing City authority’s prior approval. 72 65277.00023\41462504.5 -10- f. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this code. The reviewing City authority may require the applicant to incorporate appropriate noise- baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations. g. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation. h. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing City authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences, or any similar security measures are prohibited. Alarm systems shall not include any audible sirens or other sounds. i. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design. 2. This subsection establishes additional design and development standards for all wireless facilities, except Type 5 eligible facilities requests, proposed to be located upon a rooftop or attached to an existing building. a. Any screening used in connection with a wall-mounted and/or roof-mounted facility, shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted. b. The facility shall be placed to the centermost location of the rooftop to screen it from view from the street and adjacent properties, or incorporate façades to create a stealth facility that is designed to look like something other than a wireless facility. c. Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on existing utility poles, commercial buildings and properties, and on publicly owned properties or buildings. 3. Temporary facilities shall be subject only to the following design and 73 65277.00023\41462504.5 -11- development standards in this Section 17.27.040(E). Temporary facilities include, without limitation, cells on wheels (also referred to as COWs), sites on wheels (also referred as SOWs), cells on light trucks (also referred to as COLTs), or other similar wireless facilities: a. That will be in place for no more than six months, or such other longer time as the City may allow in light of the event or emergency; b. For which required notice is provided to the FAA; c. That do not require marking or lighting under FAA regulations; d. That will not exceed fifty (50) feet in height; and e. That will either involve no excavation or involve excavation only as required to safely anchor the facility where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two (2) feet. F. Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for the use of City-owned property. The placement of wireless facilities on those structures and property shall be subject to one or more negotiated agreements. The agreements shall specify the compensation to the City for use of the structures. The person seeking an agreement shall, in addition to any consideration paid, reimburse the City for all costs the City incurs in connection with its review of and action upon that person’s request for an agreement. G. Standard Conditions of Approval. In addition to all other conditions adopted by the applicable approval authority, all permits issued in accordance with this section, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify, supplement, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this section. 1. Permit Term. For any non-eligible facilities request, this permit will automatically expire 10 years and one day from its date of issuance. Any other permits or approvals issued in connection with an application subject to this section, which includes without limitation any permits or other approvals deemed-granted or deemed- approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. 2. Strict Compliance with Approved Plans. Permittee must incorporate this permit, all conditions associated with this permit, and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless communication facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over 74 65277.00023\41462504.5 -12- the wireless communication facility, must be submitted in a written request subject to the Director of the Planning and Community Services Department’s prior review and approval. 3. Permit Expiration. This permit will automatically expire if construction or installation activities authorized herein do not commence within one (1) year from the date of this permit’s issuance. 4. Maintenance Obligations – Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 5. Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, or general welfare, and that the aesthetic appearance is continuously preserved and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action. 6. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders, or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility, or any use or activities in connection with the use authorized by this permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee’s obligations to maintain compliance with all laws. In the event that the City fails to timely notice, prompt, or enforce compliance with any applicable provision in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation. 7. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not “adverse impacts” for the purposes of this condition. The permittee shall not perform or cause others to perform 75 65277.00023\41462504.5 -13- any construction, installation, operation, modification, maintenance, repair, removal, or other work that involves heavy equipment or machines, except during normal construction hours as set forth in the Rolling Hills Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Planning and Community Services, or the Director’s designee, may issue a stop work order for any activities that violate this condition. 8. Inspections – Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff, and other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City’s officers, officials, staff, or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City’s officers, officials, staff, and other designees while any such inspection or emergency access occurs. 9. Permittee’s Contact Information. The permittee shall furnish the Director of Planning and Community Services with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person’s contact information changes. 10. Indemnification. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, employees, and volunteers from and against any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, lawsuits, writs, and other actions or proceedings (“claims”) brought against the City or its agents, officers, officials, employees, or volunteers to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of this permit; and (2) other claims of any kind or form, whether for personal injury, death, or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, invitees’, volunteers’, or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any third-party claims concerning this permit, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that 76 65277.00023\41462504.5 -14- motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit. 11. Performance Bond. Prior to the issuance of any construction permit in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed, in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. 12. Recall to Approval Authority – Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 13. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which include, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies kept in the city’s regular files will control over any conflicts between such hard copies and the permittee’s electronic copies, and complete originals will control over all other copies in any form. 14. Permit Renewal. Any application to renew this permit must be tendered to the Director of Planning and Community Services within one (1) year prior to the expiration of this permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The approval authority shall review an application for permit renewal in accordance with the standards for new facilities as then in-effect. The Director of the Planning and Community Services Department may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application. 15. Eligible facilities requests conditions of approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or 77 65277.00023\41462504.5 -15- additional conditions of approval deemed necessary by the decision-making authority: a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. b. No permit term extension. The City’s grant or deemed grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the Town’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. H. Limited Exceptions for Personal Wireless Service Facilities. 1. The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to this section if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would: a. Prohibit, or effectively prohibit, the provision of personal wireless services, within the meaning of federal law; or b. Otherwise violate applicable laws or regulations; or c. Require a technically infeasible location, design, or installation of a wireless facility. 2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation.” SECTION 5. Code Amendment. Section 17.44.020 of the Rolling Hills Municipal Code is hereby amended to add a new subsection (G), which shall read in its entirety as follows: “17.44.020 Applicability. . . . G. The installation, construction, modification, replacement, or placement certain wireless communications facilities requiring a zone clearance, as specified by Section 17.27.040.” 78 65277.00023\41462504.5 -16- SECTION 6. Code Amendment. Section 17.48.040 the of Rolling Hills Municipal Code is hereby amended to add a new subsection (B)(4), which shall read in its entirety as follows: “17.48.040 Allowed Temporary Uses. . . . B. Temporary Structures for Non-Active Construction Sites and Time Periods. . . . 4. Temporary Wireless Facilities. The installation, construction, modification, replacement, or placement certain temporary wireless communications facilities requiring a temporary use permit, as specified by Section 17.27.040.” SECTION 7. Code Amendment. Subsections “C” and “F” of Section 17.16.200 of the Rolling Hills Municipal Code are hereby amended in their entirety to both state the following: “Reserved”. SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part hereof is for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid. SECTION 9. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 10. Certification. The City Clerk is hereby directed to certify to the passage of this Ordinance and cause the same, or a summary thereof, to be published or posted in the manner required by law. 79 65277.00023\41462504.5 -17- PASSED, APPROVED and ADOPTED this __ day of _______, 2023. _________________________________ Patrick Wilson, Mayor ATTEST: Christian Horvath, City Clerk APPROVED AS TO FORM: Patrick Donegan, City Attorney 80 65277.00023\41462504.5 -18- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. _____ was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the ___ day of __________, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 81 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 1 of 13   Version 08.08.23    Section 1 – General Project Information for All Applicants: Applicant/Proposed Operator of Wireless Facility Name: ______________________________________________________ Company: ______________________________________________________ Mailing Address: ______________________________________________________ City, State, Zip: ______________________________________________________ Phone: ______________________________________________________ E-mail: ______________________________________________________ Applicant’s Authorized Representative: Name: ______________________________________________________ Company: ______________________________________________________ Mailing Address: ______________________________________________________ City, State, Zip: ______________________________________________________ Phone: ______________________________________________________ E-mail: ______________________________________________________ Site Location and Description Project Location/ Address: ______________________________________________________ Project Name: ______________________________________________________ Zoning Description: ______________________________________________________ Current Use: ______________________________________________________ For Parcels: Block: ______________________________________________________ Lot(s): ______________________________________________________ Assessor Parcel No(s): ______________________________________________________ For Rolling Hills Community Association Private Right-of-Way: Pole Coordinates: ______________________________________________________ Pole Number (if applicable): ___________________________________________________ Type of Proposed Facility (Check One) Type 1 – Collocation of a small wireless facility on an existing structure Type 2 – Collocation on an existing structure which does not qualify as a Type 1 small wireless facility collocation or a Type 5 eligible facilities request Type 3 – New small wireless facility on a new or replacement structure Type 4 – New tower or any other wireless facility that is not a Type 1, 2, 3, 5 or 6 application Type 5 – Eligible facilities requests Type 6 – Temporary facilities Section 17.27.040(H) – Request for Limited Exceptions for Personal Wireless Service Facilities 82 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 2 of 13   Version 08.08.23    Primary Wireless Facility Provider that will use this wireless communication facility: Company Name: _____________________________________________________ Name: _____________________________________________________ Email: _____________________________________________________ Phone No.: _____________________________________________________ Secondary Wireless Facility Provider that will use this wireless communication facility (if applicable): Company Name: _____________________________________________________ Name: _____________________________________________________ Email: _____________________________________________________ Phone No.: _____________________________________________________ Proof of Payment of Required Fees. At the time of submittal of any wireless facility application, the Applicant must pay to the City any requires fees. If the applicant has questions regarding the applicable fees, please contact the City’s Planning and Community Services Department. Other Permits and Authorizations Required: Below, please either sign the acknowledgment OR identify other permits and/or authorizations which will be needed for this proposed facility: By signing below, the applicant hereby agrees that, should this application be granted, or granted subject to conditions, the FCC shot clock applicable to this application does not apply to any other permits, regulatory authorizations or agreements needed from the City, and that no work may be undertaken on the applied-for personal wireless services facility until all such permits, regulatory authorizations and agreements required from the City have been applied for and obtained. Agreed: __________________________ --OR-- Identify any and all additional permits, regulatory authorizations and agreements you contend the City must issue (absent agreement) within the time period that the City must take action on this application under the applicable FCC shot clock. It is the applicant’s responsibility to review the Rolling Hills Municipal Code and to identify all additional permits, regulatory authorizations and agreements that will be needed from the City. The applicant’s failure to identify and list any permits, regulatory authorizations or agreements required from the City below will be deemed a waiver of any claim by the applicant that the City was required to act on any of those permits, regulatory authorizations or agreements not so identified within the FCC shot clock applicable to this application. For each of the permits, authorizations or agreements you identify below, if you have the required authorization, attach and mark a copy as “Attachment – Other Permits and Authorizations” . If you do not have the required authorization, indicate whether you have applied for it or not, and either submit the 83 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 3 of 13   Version 08.08.23    application and all fees or submit proof of previous submittal and previous payment of all such fees, as applicable. _______________________ _______________________ _______________________ _______________________ Section 2 – General Application Requirements for All Wireless Communication Facility Types: All applications for a wireless communication facility or modification including Eligible Facilities Requests (EFRs) shall include the following, except where noted: □ 2.1 Cover Sheet. A complete cover sheet must include at a minimum: a detailed project description that specifies the proposed installation and/or modifications. If the application is for a Small Cell Wireless Facility or an Eligible Facilities Request, explain how the proposed wireless communication facility meets the definition of Small Cell Wireless Facility or an Eligible Facilities Request; site information that includes the site address, assessor’s parcel number, block, lot(s), site latitude and longitude, zoning description, pole number (if applicable), site map, and project team contact information. □ 2.2 Survey & Site Development Plan. Only a California Registered Civil Engineer or licensed surveyor may prepare the survey and site development plan. A complete survey and site development plan must include: a north arrow, date, scale and legend; plan-view drawings, which include: the entire property or right-of-way block with the proposed project improvements; detailed before-and-after views of the any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features; detailed before-and-after views for each antenna sector; detailed before-and-after views for any equipment pads, shelters, enclosures, rooms, vaults and/or platforms; all existing and proposed equipment (including the point of origin and point of connection for all power and telco utilities) with all dimensions, labels and ownership identifications clearly called out; boundaries for all areas leased/licensed in connection with the wireless site with all dimensions clearly shown and called out; 84 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 4 of 13   Version 08.08.23    boundaries for all easements, encroachments and/or other rights-of-way for access and utilities in connection with the wireless site with all dimensions clearly shown and called out; all existing and proposed primary and backup utilities, including without limitation all cables, connectors, risers, conduits, cable shrouds, trays, bridges and/or doghouses, transformers, disconnect switches, panels, meters, pedestals, cabinets, vaults, handholes, generators and/or generator sockets; detailed before-and-after elevation drawings from all four cardinal directions, which include: detailed before-and-after depictions of the any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features; all existing and proposed equipment with all dimensions, labels and ownership identifications clearly called out; for projects in the Rolling Hills Community Association private street easement, all existing and proposed fiber optic cables, conduits, risers, guy wires, anchors, primary and secondary power lines clearly called out; callouts and notes for any proposed new or extended concealment elements; depictions of the applicant's plan for electric and data backhaul utilities, which includes the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches and points of connection; a demonstration that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. (not required for EFRs) all structures or improvements within 100 feet in all directions of the proposed wireless communication facility, including; property boundaries with all bearings, distances, monuments, iron rods, caps or other markers clearly shown and called out; location of all traffic lanes; location of all fire hydrants, roadside call boxes and other public safety infrastructure; location of all streetlights, decorative poles, traffic signals and permanent signage, sidewalks, driveways, parkways, curbs, gutters and storm drains, benches, trash cans, mailboxes, kiosks and other street furniture; location of all existing trees, planters and other landscaping features, including any trees at least 4 inches in diameter at a point approximately 4.5 feet above ground; (not required for EFRs) all residential dwelling units and or any historical structures within 300 feet in all directions in all directions of the proposed wireless communication facility; approximate topographical contour lines with elevations called out; wet stamp and wet signature from preparer; 85 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 5 of 13   Version 08.08.23    general specifications and notes identifying the applicable public health and safety codes and standards. □ 2.3 Equipment Inventory. All equipment must be inventoried with the following information for each component in a separate cut sheet: manufacturer and model number; basic dimensions (height, width, length and weight). □ 2.4 Fiber Network Plan. To the extent that the project requires running new fiber optic cables to the proposed wireless facility, the plans must include a street map view that shows all the proposed wireless communication facilities in the deployment, clearly labeled with pole number and/or site ID, the hub or base station that serves the wireless communication facilities in the deployment, all fiber optic cable routes that connect the wireless communication facilities to the hub, and a legend that identifies any symbols, colors or other items on the map. The fiber plans should clearly identify all meet-me points and points of connection. Even if the fiber deployment will be performed by a third-party vendor, the applicant for wireless communication facilities must disclose all known or reasonably foreseeable fiber network elements. 2.5 Fire Safety. All proposed facility plans must include, describe and depict that the facility meets all applicable fire safety and electrical codes and standards. 2.6 Electrical and Structural Safety Information. The following engineering documents prepared under the responsible charge of and sealed by a California licensed Professional Engineer: A short circuit and coordination study (“SCCS”) calculated pursuant to the IEEE 551-2006: Recommended Practice for Calculating AC Short-Circuit Currents in Industrial and Commercial Power Systems or the latest version of that standard. The study must demonstrate the protection devices will ensure the equipment enclosure will not be breached. The SCCS must include analysis of Voltage Transient Surges due to contact of conductors of different voltages; A one-line diagram of the electrical system; Voltage Drop & Load Flow Study; Load Calculation; Panel Directories; A plot plan showing the location of the mounting structure including address, or structure designation, or GPS location on the front sheet; A plot plan showing the location of the service disconnecting means; An elevation drawing of the equipment and the service disconnecting means 2.7 Structure or Pole Owner Authorization. If the applicant does not own the structure or pole, provide a written authorization executed by the property owner(s) that authorizes the applicant to file the application and perform the work to the extent described in the application. For facilities on utility poles, the applicant may submit the standard authorization form the pole owner or joint utility association uses to 86 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 6 of 13   Version 08.08.23    demonstrate that the applicant has the authority to perform the installation or modification. For facilities on any structure owned or controlled by the City located within the private Rolling Hills Community Association rights-of-way, the applicant must submit a copy of the executed license agreement with the written authorization from the City to demonstrate that the applicant has the authority to perform the installation or modification. If not applicable, check this box. □ 2.8 Manufacturing Specifications for Noise Generating Equipment. All manufacturer’s specifications for all noise-generating equipment, such as air conditioning units and back-up generators, including the equipment decibel ratings for both maintenance cycling and continual operation modes. If the manufacturer’s specifications or other information suggest that noise generated by the proposed wireless communication facility would exceed applicable noise standards of the City, provide a noise study or study prepared and certified by an engineer (or other qualified personnel acceptable to the City) confirming compliance with applicable standards and/or demonstrating the maximum noise output for the wireless communication facility. If an applicant has prepared and submitted a noise study for a specific wireless communication facility design, a subsequent noise study is not required for the exact same design (inclusive of all components and technical features). 2.9 Site Photographs, Photo Simulations. Provide site photos and photo simulations that would allow the City to visualize the applicant’s proposed project as constructed. The photo simulations must be in a high-resolution format and show the proposed facility from reasonable line-of-sight locations that would accurately and reliably reflect the appearance of the proposed facility and/or modifications as- built. Except as otherwise provided, photo simulations must contain all the following: □ 2.10.1 Current Site Photos. Current site photos must include: photos of the existing site from at least three different reasonable line-of-sight locations from public streets or other publicly available areas; a map detail showing each location where a photograph was taken, the proposed site and the direction to the site from each photo location. □ 2.10.2 Photo Simulations. Photo simulations must include: an accurate and reliable visual representation of the proposed facility from the same reasonable line-of-sight locations used in the current site photos and must include without limitation all interconnecting cables, conduits, brackets, and electronic equipment such as antennas, radio units and powering equipment; at least one photo simulation depicting the proposed facility from a vantage point approximately 50 feet from the proposed support structure or location; at least one photo simulation that demonstrates the impact of the proposed modification on the all the concealment elements, if any, of the support structure. Concealment elements include 87 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 7 of 13   Version 08.08.23    but are not limited to screen walls, architectural elements, radomes, landscape features, equipment enclosures and designs and/or techniques intended to mimic the natural or built environment; a map detail showing each location where a photograph was taken, the proposed site and the direction to the site from each photo location. 2.11 FCC Licenses. If the applicant proposes to operate in FCC-licensed spectrum, provide proof of licenses for all planned operating bands in the applicable geographic market(s). Alternatively, the applicant may provide a URL address or written instructions on where to find such licenses in publicly available FCC resources. 2.12 FAA Forms. If the proposed wireless facility requires the applicant to file FAA form 7460 or other documentation under Federal Aviation Regulation Part 77.13 et seq., or under other FCC rules, provide such documentation. If not applicable, check this box □ 2.13 State Regulatory Authorization, For facilities proposed in the private Rolling Hills Community Association rights-of-way, the applicant must submit evidence of the applicant’s regulatory status under California law to provide the services and construct the facility proposed in the application. Applicants may provide a URL address or written instructions on where to find the regulatory status (e.g., CPCN or WIR) in publicly available resources. If not applicable, check this box □ 2.14 Underground Service Alert Membership. Provide evidence that the applicant is a member in good standing with the Underground Service Alert of Southern California (DigAlert). □ 2.15 Health and Safety Compliance. Provide a description of and documentation demonstrating that the proposed wireless communication facility will comply with generally-applicable health and safety standards of the Rolling Hills Municipal Code, City regulations and standards, and state and federal laws and regulations as may be applicable. □ 2.16 Radio Frequency Emissions Exposure Compliance Report. Provide a radio frequency (“RF”) emissions exposure compliance report prepared and certified by an engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF compliance report must include: the actual frequency and power levels (in watts effective radiated power, not effective isotropic radiated power) for all existing and proposed antennas at the site; Include exhibits that show: 88 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 8 of 13   Version 08.08.23    the location and orientation (degree azimuths) of all transmitting antennas; the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC); the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC); Note: Each such boundary must be clearly marked and identified for every transmitting antenna at the project site. an affirmation that the proposed installation will be operated in compliance with 47 U.S.C. § 324. □ 2.17 Structural Analysis. Provide a report prepared and certified by an engineer (or other qualified personnel acceptable to the City) that evaluates whether the underlying pole, support structure or base station has the structural integrity to support all the proposed equipment and attachments. At a minimum, the analysis must be consistent with all applicable requirements in the most current versions of the CPUC General Order 95 (including, but not limited to, load and pole overturning calculations), the National Electric Safety Code, the California Building Code and any safety and construction standards required by all state and local regulations. □ 2.18 Hazard Assessment. A full assessment of the hazards posed by the proposed facility in the event of failure due to flood, high wind, high heat, outage, lightning strike or fire must be conducted that includes the presence of nearby vegetation and structures at applicant’s cost. All materials in the proposed facility must be disclosed, including hazardous materials in any and all equipment. The assessment must identify if any tree removal or tree trimming is required or necessary in order to reduce fire hazard. 2.19 CEQA Documentation. Provide an environmental impact assessment to determine whether the proposed project is categorically exempt under Article 19 of the CEQA Guidelines, or whether the proposed project will require a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report. If a request has been made to the CPUC for a CEQA determination for the proposed project (for example, under the CPUC’s 21-day expedited review process in Decision 21-04-006), provide a copy of that submittal and any CPUC staff determination. 2.18 NEPA/NHPA Documentation. Provide confirmation that an environmental assessment, or other application determination, has been completed by or on behalf of the FCC for any facility proposed in a location identified in 47 C.F.R. 1.307 (including a floodplain) or as otherwise required by National Environmental Policy Act or the National Historic Preservation Act. 2.19 Collocation Acceptance. Provide a letter to the City Manager stating the applicant's willingness to allow other carriers to co-locate on its facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location. 89 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 9 of 13   Version 08.08.23    2.20 Coverage Map. Provide a narrative and map that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five miles from the geographic borders of the City. Section 3 – Design and Location Information (not required for Eligible Facilities Requests) 3.1 Compliance with Design Standards. Describe how the application adheres to and is designed consistent with the Design Standards, as outlined in Section 17.27.040. All applicants shall, to the extent feasible, design a wireless communication facility to be a Stealth Facility. Include at least the following information: 3.1.2 Design Requirements. Does the proposed wireless communication facility comply with all design requirements in Section 17.27.040? Yes No If the answer above is no, identify all items of non-compliance and identify the basis for making an exception request pursuant to Section 17.27.040(H) for each item listed. The information must include at a minimum: a map identifying the search area used to identify the proposed location a minimum of two alternative designs the information required to demonstrate the type of exception requested pursuant to Section 17.27.040(H) (e.g. effective prohibition claim, violation of applicable law claim, technical infeasibility claim, minor non-compliance claim) 3.2 Compliance with Location Standards & Alternative Site Analysis. Describe how the application adheres to and is designed consistent with the Location Standards, as outlined in Section 17.27.040. Provide an analysis supporting the applicant’s assertion that no alternative sites are available technically feasible to provide commercially adequate signal propagation in the target service area. The City may require independent verification of this analysis at the applicant's expense. Section 4 – Supplemental Application Requirements for Eligible Facilities Requests Only: □ 4.1 Qualification as Eligible Facilities Request (EFR). Provide a detailed description of the proposed project and how it qualifies as an Eligible Facilities Request. The project description must address all of the following items as applicable to the proposed project: For existing towers outside the private Rolling Hills Community Association rights-of-way: The overall height of the existing tower will increase by _____________(must be less than 10% or the height of 1 additional antenna array with separation from the nearest existing antenna not to exceed 20 feet (whichever is greater)). 90 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 10 of 13   Version 08.08.23    Any added appurtenance to the body of the existing tower will protrude from the edge of the tower by _____________(must be not exceed 20 feet or the width of the tower at the level of the appurtenance (whichever is greater)). The number of equipment cabinets for the technology involved is ________ (must not exceed the standard number of new equipment cabinets for the technology involved or exceed 4 cabinets). Excavation or deployment is within the current boundaries of the leased or owned property surrounding the existing tower or is outside the current boundaries by no more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site. For existing towers in the private Rolling Hills Community Association rights-of-way and for all existing base stations: The overall height will increase by ____________ (must not exceed 10% or 10 feet (whichever is greater)). Any added appurtenance to the body of the base station will protrude from the edge of that structure by _______________ (must be less than 6 feet). Any ground cabinets to be installed are _______________ in size (must not exceed 10% larger in height or overall volume than any other ground cabinets associated with the base station). There will be _____ new equipment cabinets installed on the ground (if there is no pre- existing ground cabinet associated with the base station, no new equipment cabinets may be installed on the ground). Provide cabinet dimensions on plans. There is no excavation or deployment outside the current site. For all EFR applications: The modification does not defeat the preexisting concealment elements of the eligible support structure. The proposed modification does not violate a prior condition of approval, provided however that it need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the permitted thresholds for a non-substantial change described above. NOTE: The thresholds for height increases are cumulative limits. □ 4.2 Prior Regulatory Authorizations and Approvals. Provide true and correct copies of all permits and/or other regulatory approvals issued by the City (or other local public agency with jurisdiction over the subject wireless tower or base station) in connection with the initial construction or installation and any subsequent collocations, modifications or permit renewals of the subject wireless tower or base station. Alternatively, the applicant may submit a written justification that sets forth reasons why prior permits or other regulatory approvals were not required for the wireless tower or base station at the time it was constructed or modified. Section 5 – Requests for Limited Exceptions for Personal Wireless Service Facilities Pursuant to Section 17.27.040(H): 91 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 11 of 13   Version 08.08.23    □ 5.1 The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to Section 17.27.040, if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would: a. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or b. Otherwise violate applicable laws or regulations; or c. Require a technically infeasible location, design or installation of a wireless facility. 5.2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation. □ 5.3 Exceptions must be requested at the time an application is initially submitted for a permit. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. A request for exception from one or more requirements does not relieve the applicant from compliance with all other applicable requirements. 92 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 12 of 13   Version 08.08.23    Section 6 – Applicant Certification By signing and submitting this application, the applicant agrees to the following: 1. At its sole expense, to defend, indemnify, and hold harmless the City, its public officials, officers, employees, and assigns, from any liability; and shall reimburse the City for any expense incurred, resulting from, or in connection with any project approvals. This includes any appeal, claim, suit, or other legal proceeding, to attack, set aside, void, or annul any project approval. The City shall promptly notify the applicant of any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole discretion, participate in any such legal action, but participation shall not relieve the applicant of any obligation under this condition. Should any party bring any legal action in connection with this project, the Superior Court of the County of Los Angeles, California, shall be the situs and have jurisdiction for the resolution of all such actions by the parties hereto. 2. That all materials submitted as part of this application package are considered to be public information, may be posted on the internet, distributed to the necessary Committees, Commissions and Board of Commissioners as part of the approval process, and reviewed by the public. 3. To comply with all City regulations and State laws relating to building construction for any and all aspects of the project proposed in this application and authorizes representatives of the City and Advisory Agencies to enter the above mentioned property at reasonable times for inspection purposes related to the project for which this application is submitted. 4. The City’s review relies on the written and/or oral statements by applicant and/or persons authorized to act on applicant’s behalf. In any matter before the City in connection with the application, neither the applicant nor any person authorized to act on applicant’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading. I declare under penalty of perjury that I am the owner or authorized agent for this property and that the foregoing statements and answers and all data information, documents and evidence herewith submitted are to the best of my knowledge and belief, true and correct. ________________________________________________ Applicant’s Signature/Authorized Representative’s Signature ___________________________ Printed Name ___________________________ Date 93 65277.00023\41254688.4   THE CITY OF ROLLING HILLS WIRELESS FACILITY APPLICATION AND SUBMITTAL CHECKLIST    Page 13 of 13   Version 08.08.23    Printed Name: __________________________________________________ Title: __________________________________________________________ Signature: ______________________________________________________ Phone Number: _________________________________________________ Date: ______________________ The City of Rolling Hills reserves the right to rescind any approval made under Section 6409(a) or the Spectrum Act should any portion of Section 6409(a) or the Spectrum Act, or the FCC’s interpretation thereof, be deemed unconstitutional by a court of law” 94