The purpose and intent of this chapter is to provide a uniform
and comprehensive set of regulations and standards for the permitting,
development, siting, installation, design, operation and maintenance
of wireless telecommunications facilities in the city’s public
right-of-way and on city-owned property. These regulations are intended
to prescribe clear and reasonable criteria to assess and process applications
in a consistent and expeditious manner, while reducing the impacts
associated with wireless telecommunications facilities. This chapter
provides standards necessary: (1) for the preservation of the public
right-of-way in the city for the maximum benefit and use of the public;
(2) to promote and protect public health and safety, community welfare,
visual resources and the aesthetic quality of the city consistent
with the goals, objectives and policies of the general plan; and (3)
to provide for the orderly, managed and efficient development of wireless
telecommunications facilities in accordance with the state and federal
laws, rules and regulations.
(Ord. O-2017-08 § 3, 2017)
means any equipment associated with the installation of a
communication facility, including but not limited to cabling, generators,
fans, air conditioning units, electrical panels, equipment shelters,
equipment cabinets, equipment buildings, pedestals, meters, vaults,
splice boxes, and surface location markers.
means that part of a communication facility designed to radiate
or receive radio frequency signals and/or electromagnetic waves.
means an analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
means the Placentia Municipal Code.
means the mounting or installation of transmission equipment
on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signal or electromagnetic waves for communication
purposes.
mean any facility or facilities that transmits and/or receives
electromagnetic waves. It includes, but is not limited to, antennas
and/or other types of equipment for the transmission or receipt of
such signals, telecommunications towers or similar structures supporting
such equipment, related accessory equipment, equipment buildings,
parking areas, and other accessory development.
Exceptions: The term “communication facility”
does not apply to the following:
Government owned and operated telecommunications facilities.
Emergency medical care provider-owned and operated telecommunications
facilities.
Mobile services providing public information coverage of news
events of a temporary nature.
Any wireless telecommunications facilities exempted from this
code by federal law or state law.
means a “cell on wheels,” which is a communication
facility temporarily rolled in or temporarily installed.
means the director of the department of development services,
or designee, unless the entire application is for a purely ministerial
approval, in which case “director” means the director
of public works or designee.
means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors.
means mounted to a telecommunications tower.
includes any facility which in whole or in part, itself or
as part of another structure, rests upon, in, over or under the public
right-of-way.
means a change to an existing communication facility that
involves any of the following: collocation, expansion, alteration,
enlargement, intensification, reduction, or augmentation, including,
but not limited to, changes in size, shape, color, visual design,
or exterior material. “Modification” does not include
repair, replacement or maintenance if those actions do not involve
a change to the existing facility involving any of the following:
collocation, expansion, alteration, enlargement, intensification,
reduction, or augmentation.
means a structure composed of a pole or tower used to support
antennas or related equipment. A monopole also includes a monopine,
monopalm, monoeucalyptus, monocactus, and similar monopoles camouflaged
to resemble faux trees or other faux objects attached on a monopole
(e.g., water tower).
means attached or supported.
means a single shaft of wood, steel, concrete or other material
capable of supporting the equipment mounted thereon in a safe and
adequate manner and as required by provisions of this code.
means a strip of land acquired by reservation, dedication,
forced dedication, prescription or condemnation and intended to be
or is presently occupied by a road, sidewalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway,
pedestrian walkway, or other public use.”
means any residential use, public or private school, day
care, playground, and retirement facility.
shall have the same meaning as provided in Government Code
65964.2 as it may be amended from time to time. As of the date this
ordinance came into effect, “small cell” is defined as
follows:
A wireless telecommunications line facility, as defined in paragraph
(2) of subdivision (d) of Section 65850.6 [of the government code],
or a wireless facility that uses licensed or unlicensed line spectrum
and that meets the following qualifications:
The small cell antennas on the structure, excluding the line
associated equipment, total no more than six (6) cubic feet in volume,
whether an array or separate.
Any individual piece of associated equipment on pole structures
does not exceed nine (9) cubic feet.
The cumulative total of associated equipment on pole structures
does not exceed twenty-one (21) cubic feet.
The cumulative total of any ground-mounted equipment along with
the associated equipment on any pole or nonpole structure does not
exceed thirty-five (35) cubic feet.
The following types of associated ancillary equipment are not
included in the calculation of equipment volume:
Electric meters and any required pedestal.
Concealment elements.
Any telecommunications demarcation box.
Grounding equipment.
Power transfer switch.
Cutoff switch
Vertical cable runs for the connection of power and other services.
Equipment concealed within an existing building or structure.
“Small cell” includes a micro wireless facility.
“Small cell” does not include the following:
Wireline backhaul facility, which is defined to mean a facility
used for the transport of communications data by wire from wireless
facilities to a network.
Coaxial or fiber optic cables that are not immediately adjacent
to or directly associated with a particular antenna or collocation.
Wireless facilities placed in any historic district listed in
the National Park Service Certified State or Local Historic Districts
or in any historical district listed on the California Register of
Historical Resources or placed in coastal zones subject to the jurisdiction
of the California Coastal Commission.
The underlying vertical infrastructure.
means a freestanding mast, pole, monopole, guyed tower, lattice
tower, free standing tower or other structure designed and primarily
used to support communication facility antennas.
means any pole or tower owned by any utility company that
is primarily used to support wires or cables necessary to the provision
of electrical or other utility services regulated by the California
Public Utilities Commission.
means the provision of services using a communication facility
or a wireless telecommunications collocation facility, and shall include,
but not limited to, the following services: personal wireless services
as defined in the federal Telecommunications Act of 1996 at 47 U.S.C.
Section 332(c)(7)(C) or its successor statute, cellular service, personal
communication service, and/or data radio telecommunications.
(Ord. O-2017-08 § 3, 2017)
(a)
Applicability. This chapter applies to the siting, construction or
modification of any and all wireless telecommunications facilities
proposed to be located in the public right-of-way and city-owned property
as follows:
(1)
All facilities for which applications were not approved prior to
November 3, 2017 shall be subject to and comply with all provisions
of this chapter.
(2)
All facilities for which applications were approved by the city prior
to November 3, 2017 shall not be required to obtain a new or amended
permit until such time as a provision of this code so requires. Any
communication facility that was lawfully constructed prior to November
3, 2017 that does not comply with the standards, regulations and/or
requirements of this chapter, shall be deemed a nonconforming use.
(3)
All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (Section 23.83.130 (Operation and maintenance standards)), cessation of use and abandonment (Section 23.83.170 (Cessation of use or abandonment)), removal and restoration (Section 23.83.180 (Removal and restoration—Permit expiration, revocation or abandonment)) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (Section 23.83.150 (No dangerous condition or obstructions allowed)); provided, however, that if a condition of approval conflicts with a provision of this chapter, the condition of approval shall control until the permit is amended or revoked.
(b)
Exclusions. This chapter does not apply to the following:
(Ord. O-2017-08 § 3, 2017)
(a)
General Rule—Major Wireless Communication Facilities Permit
Required. All new wireless facilities or collocations or modifications
to existing wireless facilities shall require a use permit subject
to planning commission approval unless otherwise provided for in this
chapter.
(b)
Minor Wireless Communication Facilities Permit.
(1)
Discretionary Permit. The director may issue a special use permit
for new facilities or collocations or modifications to existing facilities
that meet all the following criteria:
(c)
Ministerial Wireless Telecommunications Facilities Permit. Notwithstanding Section 23.83.220 (State or federal law—Ministerial requirements), the director shall approve a ministerial wireless telecommunications permit if, all of the following apply:
(1)
The facility will comply with all applicable laws including, but
not limited to:
(A)
The Americans with Disabilities Act;
(B)
All building and safety requirements, including those within the
California Building Standards Code, as amended by the city of Placentia;
(C)
All requirements of the Federal Communications Commission (FCC),
including requirements relating to radiofrequency (RF) emissions and
limits on interference.
(2)
The proposed facility will be installed on either:
(A)
An existing pole that meets all of the following requirements:
(i)
The pole does not support a traffic control device (examples
include stop signs and traffic signals). If, however, the city has
not passed a resolution declaring that the capacity on the traffic
control device is needed for projected city uses, and the facility
is a small cell, such use of such a pole is not automatically prohibited,
(ii)
The facility will match the design of the pole, and
(iii)
To the maximum extent feasible, all equipment installed on the
pole will be the same color as the pole; or
(B)
A new light pole that meets all of the following requirements:
(i)
The pole meets the city’s design requirements for its
own light poles (see Figure 23.83-1 and city’s adopted pole
standards),
(ii)
The pole is at least ninety (90) feet away from any existing
light pole, and
(iii)
Unless requested otherwise by the city in writing, the light
on the pole will be illuminated, operated, and maintained consistent
with the operation of the other light poles in the city, and the full
costs of illumination shall be fully borne by the applicant.
(3)
The applicant has provided technical data clearly demonstrating that
there is a significant gap in the applicant’s coverage and the
facilities proposed are needed to fill that gap.
(4)
The city has issued all required wireless telecommunications encroachment
permit(s) and entered into any required master license agreement.
(5)
All accessory equipment is housed in a container which is either:
(a) attached to the pole such that it does not protrude from the pole
by more than four inches; is attached more than ten (10) feet above
the ground; and is camouflaged to the extent feasible; or (b) installed
underground.
(d)
Master Deployment Plan Permit.
(1)
Notwithstanding any other provision of this code to the contrary,
any applicant that seeks approval for five (5) or more wireless telecommunications
facilities in the right-of-way and/or public property (including new
facilities and collocations to existing facilities) may elect to submit
an application for a master deployment plan permit subject to planning
commission approval. Any master deployment plan shall expire thirty-six
(36) months after the effective date of the approval unless the planning
commission establishes a shorter time period. The proposed facilities
in a master deployment plan shall be reviewed together at the same
time and shall be otherwise subject to the same requirements and procedures
applicable to a major wireless communication facility permit. Only
facilities in the right-of-way and/or public property may be covered
by a master deployment plan. Any master deployment plan shall be required
to enter into a master license agreement.
(2)
A master deployment plan permit shall be deemed an approval for all
wireless telecommunications facilities within the plan; provided,
however, that an individual encroachment permit shall be required
for each communication facility built pursuant to the plan.
(3)
Each facility proposed to be constructed pursuant to a master deployment
plan permit, shall be built in strict compliance with the approved
plan. Any deviations or alterations from the approved master deployment
plan for an individual communication facility shall be considered
as through no master deployment plan permit had been issued and shall
require either a major, minor, or ministerial wireless communication
facilities permit, as applicable.
(4)
An applicant that proposes to amend a master deployment plan permit
shall apply to the city and follow the same procedures as would otherwise
be required to obtain a new master deployment plan permit.
(e)
Other Permits Required. In addition to any permit that may be required
under this chapter, the applicant must obtain all other required prior
permits or other approvals from other city departments, or state or
federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits
or other approvals from other city departments, state or federal agencies.
(f)
Eligible Applicants. Only applicants who have been granted the right
to enter the public right-of-way pursuant to state or federal law,
or who have entered into a franchise agreement or master license agreement
with the city permitting them to use the public right-of-way, shall
be eligible for a permit to install or modify a communication facility
or a communication collocation facility in the public right-of-way.
(g)
Speculative Equipment Prohibited. The city finds that the practice
of “pre-approving” wireless equipment or other improvements
that the applicant does not presently intend to install but may wish
to install at some undetermined future time does not serve the public’s
best interest. The city shall not approve any equipment or other improvements
in connection with a communication facility permit when the applicant
does not actually and presently intend to install such equipment or
construct such improvements. All improvements must be installed at
the same time.
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Figure 23.83-1 Design Standards and Siting Guidelines
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Acceptable Examples of Design Integration
| |
 Antennas mounted below the light fixture is preferred.
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 Sheathed antennas can be mounted above the light fixture if it furthers the design standards set forth in Ch. 23.83.
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 Unsheathed antennas must be mounted below the light fixture.
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Non-Acceptable Examples of Design Integration
| |
 |
 |
 Exposed antennas mounted above the light fixture, must
be sheathed or mounted below.
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 Equipment must be underground or pole mounted.
Total volume of equipment cannot exceed municipal code
standards.
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Exposed cables and equipment are prohibited.
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Siting Guidelines for Right-of-Way and Public Property
Installations
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|---|---|
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1.
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Minimum Clearance. Minimum height clearance regulations shall
be observed by all components of the installation.
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2.
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Alley is Preferred Location. When utility poles are used for
these installations and there is a choice of using a pole in the street
or in an alley, the alley shall be used.
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3.
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No Exposed Cables. All cables shall be concealed within a sleeve
between the bottom of the antenna and the mounting bracket. No exposed
cables.
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4.
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Design. Utility pole installations must utilize minimize visual
impacts by utilizing city standards for new poles.
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5.
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Blending. The new or replacement poles shall match height, color
and material of the original or adjacent poles.
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6.
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Panel Antennas. Exterior panel antennas that are not covered
by a decorative sheath shall not exceed the height of the pole.
|
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7.
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Distance from Pole. Antennas must be mounted no more than four
(4) inches from the pole.
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8.
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Landscaping. All disturbed landscape shall be replaced in-kind
and areas of bare or disturbed soil must be revegetated in accordance
with the City’s Landscape Regulations.
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9.
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Hidden Equipment. Equipment should be minimally visible through
the use of an underground vault. If this is not feasible, above-ground
cabinets must be designed and located in an area with minimal visual
impact.
|
(Ord. O-2017-08 §§ 3,
4, 2017)
(a)
Application.
(1)
In addition to the information required of an applicant for a wireless
communication facility encroachment permit or any other permit required
by this code, each applicant requesting approval of the installation
or modification of a communication facility in the public right-of-way
and city property shall fully and completely submit to the city a
written application on a form prepared by the director.
(2)
No applicant seeking to install wireless antennas shall seek an encroachment
permit for fiber or coaxial cable only. Applicants shall simultaneously
request fiber installation or other cable installation when seeking
to install antennas in the right-of-way.
(b)
Application Contents—All Permits. The director shall develop an application form and make it available to applicants upon request. The supplemental application form for any new communication facility installation in the public right-of-way (regardless of whether it is ministerial or discretionary) shall require the following information, in addition to any information required by subsection (c) (for discretionary permits) and all other information determined necessary by the director:
(1)
Contact Information. The name, address, email address, and telephone
number of the applicant, owner and the operator of the proposed facility,
and the date the application was received by the city.
(2)
Written Authorization. If the facility will be located on or in the
property of someone other than the owner of the facility (such as
a street light pole, utility pole, utility cabinet, vault, or cable
conduit), the applicant shall provide a duly executed written authorization
from the property owner(s) authorizing the placement of the facility
on or in the property owner’s property, including written authorization
from the Southern California Joint Pole Committee.
(3)
Engineering Plans. Detailed engineered improvement plans of the proposed
facility and related report prepared by a professional engineer registered
in the state of California documenting the following:
(A)
Height, diameter and design of the facility, including technical
engineering specifications, economic and other pertinent factors governing
selection of the proposed design, together with evidence that demonstrates
that the proposed facility has been designed to be the least visible
equipment within the particular technology the carrier chooses to
deploy. A layout plan, section and elevation of the tower structure
shall be included.
(B)
A photograph and model name and number of each piece of equipment
included.
(C)
Power output and operating frequency for the proposed antenna.
(D)
Total anticipated capacity of the structure, indicating the number
and types of antennas and power and frequency ranges, which can be
accommodated.
(E)
Sufficient evidence of the structural integrity of the pole or other
supporting structure as required by the city.
(4)
Justification for Facility. A justification study which includes
the rationale for selecting the proposed use; if applicable, a detailed
explanation of the coverage gap that the proposed use would serve;
and how the proposed use is the least intrusive means for the applicant
to provide wireless service. Said study shall include all existing
structures and/or alternative sites evaluated for potential installation
of the proposed facility and why said alternatives are not a viable
option.
(5)
Environmental. A completed environmental assessment.
(6)
Request for Exception. If the applicant requests an exception to the requirements of this chapter (in accordance with Section 23.83.190 (Exceptions)), the applicant shall provide all information and studies necessary for the city to evaluate that request.
(7)
Proof of RF Emission Compliance. For a facility that is not categorically
excluded under the FCC regulations for RF emissions, the applicant
shall submit an RF exposure compliance report prepared and certified
by an RF engineer acceptable to the city that certifies that the proposed
facility, as well as any facilities that contribute to the cumulative
exposure in the subject area, will comply with applicable federal
RF exposure standards and exposure limits. The RF report must include
the actual frequency and power levels (in watts effective radio power
“ERP”) for all existing and proposed antennas at the site
and exhibits that show the location and orientation of all transmitting
antennas and the boundaries of areas with RF exposures in excess of
the uncontrolled/general population limit (as that term is defined
by the FCC) and also the boundaries of areas with RF exposures in
excess of the controlled/occupational limit (as that term is defined
by the FCC). Each such boundary shall be clearly marked and identified
for every transmitting antenna at the project site.
(8)
FAA Documents. Copies of any documents that the applicant is required
to file pursuant to Federal Aviation Administration regulations for
the facility.
(9)
Fee. An application fee, and a deposit for a consultant’s review
as set forth in subsection (e) of this section in an amount set by
resolution by the city council and in accordance with applicable law
(e.g., California Government Code Section 50030).
(10)
RF Exposure Checklist. Completion of the radio frequency (RF) emissions
exposure guidelines checklist contained in Appendix A to the Federal
Communications Commission’s (FCC) “Local Government Official’s
Guide to Transmitting Antenna RF Emission Safety”, as it may
be amended from time to time, to determine whether the facility will
be “categorically excluded” as that term is used by the
FCC.
(11)
Site Plans. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with Section 23.83.080 (Requirements for facilities within the public right-of-way).
(12)
Traffic Control. If an encroachment permit is required, then the
encroachment permit procedures shall control whether (or not) a traffic
control plan is required. If no encroachment permit is required, then
a traffic control plan is required if either: (a) the proposed installation
is on any street in a non-residential zone; or (b) the applicant seeks
to use large equipment (e.g., crane) and the director decides to require
a traffic control plan.
(13)
Other Information. Any other information and/or studies determined
necessary by the director may be required.
(c)
Additional Application Contents—Discretionary Permits. In addition to providing all materials required in subsection (b) of this section, applications for discretionary permits shall also provide the following:
(1)
Owner Authorization. If the applicant is an agent, the applicant
shall provide a duly executed letter of authorization from the owner
of the facility. If the owner will not directly provide wireless telecommunications
services, the applicant shall provide a duly executed letter of authorization
from the person(s) or entity(ies) that will provide those services.
(2)
Written Description. A full written description of the proposed facility
and its purpose.
(3)
Mock Up and Sign. Proof that a temporary mock-up of the facility
and sign has been installed at the proposed location for a period
of at least thirty (30) calendar days which facility roughly replicates
for the public the proposed height and bulk of the proposed structure.
If the director finds the applicant’s cost of complying with
this requirement would greatly outweigh the value of such compliance,
then the director may waive the requirement that the applicant install
the mock up (but not the installation of the sign, which still requires
an encroachment permit).
(A)
Applicant shall obtain an encroachment permit before installing a
temporary mock-up and a sign, and must remove the temporary mock-up
and sign within five (5) calendar days of receiving a written notice
to remove from the director.
(B)
The mock-up and sign shall demonstrate the height and mass of the
facility, including all interconnecting cables. The applicant shall
not be entitled to install the facility it intends to install permanently.
The mock-up may consist of story poles or the like.
(C)
The mock-up be accompanied by a sign that displays photo simulations
depicting before and after images, including any accessory equipment
cabinet, and the telephone number of the public works department.
(D)
The applicant shall be required to follow any other city practices
or processes relevant to the installation of a mock-up and sign as
may be provided in a publicly accessible form or document.
(E)
After installation of the mock-up, the applicant shall certify that
the mock-up accurately represents the height and width of the proposed
installation and has been installed consistent with this code.
(4)
Elevations. Scaled elevation plans of proposed poles, antennas, accessory
equipment, and related landscaping and screening.
(5)
Noise Study. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed communication facility will comply with this code including Section 23.83.080(a)(16)(B)23.83.080(a)(16)(B). The director may waive the requirement for a noise study if the director finds the cost of creating the study would greatly outweigh the value of receipt of such study.
(6)
Propagation Maps. A written description identifying the geographic
service area for the subject installation including geographic and
propagation maps, that identifies the location of the proposed facility
in relation to all existing and planned facilities maintained within
the city by each of the applicant, operator, and owner, if different
entities, as well as the estimated number of potentially affected
uses in the geographic service area. Regardless of whether a master
deployment plan permit is sought, the applicant shall depict all locations
anticipated for new construction and/or modifications to existing
facilities, including collocation, within two (2) years of submittal
of the application. Longer range conceptual plans for a period of
five (5) years shall also be provided, if available.
(A)
In the event the applicant seeks to install a communication facility
to address service coverage concerns, fullcolor signal propagation
maps with objective units of signal strength measurement that show
the applicant’s current service coverage levels from all adjacent
sites without the proposed site, predicted service coverage levels
from all adjacent sites with the proposed site, and predicted service
coverage levels from the proposed site without all adjacent sites;
(B)
If applicant seeks to address service capacity concerns, a written
explanation identifying the existing facilities with service capacity
issues together with competent evidence to demonstrate the inability
of those facilities to meet capacity demands.
(7)
CPCN. Certification that applicant is a telephone corporation or
a statement providing the basis for its claimed right to enter the
right-of-way. If the applicant has a certificate of public convenience
and necessity (CPCN) issued by the California Public Utilities Commission,
it shall provide a copy of its CPCN.
(8)
Visual Depiction. Accurate visual impact analysis showing the maximum
silhouette, color and finish palette and proposed screening for the
facility, including scaled photo simulations from at least three (3)
different angles.
(9)
Landscape Plan. A scaled conceptual landscape plan showing existing
trees and vegetation and all proposed landscaping, concealment, screening
and proposed irrigation with a discussion of how the chosen material
at maturity will screen the site.
(d)
Application Contents. Modification of Existing Facility. The content of the application form for a modification to an existing facility shall be determined by the director, and shall include, but not be limited to, the requirements listed in subsections (b) and (c) unless prohibited by state or federal law.
(e)
Effect of State or Federal Law Change. If a subsequent state or federal law prohibits the collection of any information required by subsection (b) or (c), the director is authorized to omit, modify or add to that request from the city’s application form with the written approval of the city attorney, which approval shall be a public record.
(f)
Independent Expert. The director is authorized to retain on behalf
of the city an independent, qualified consultant to review any application
for a permit for a communication facility. The review is intended
to be a review of technical aspects of the proposed communication
facility and shall address any or all of the following:
(1)
Compliance with applicable radio frequency emission standards;
(2)
Whether any requested exception is necessary to close a significant
gap in coverage and is the least intrusive means of doing so;
(3)
The accuracy and completeness of submissions;
(4)
Technical demonstration of the unavailability of alternative sites
or configurations and/or coverage analysis;
(5)
The applicability of analysis techniques and methodologies;
(6)
The validity of conclusions reached or claims made by applicant;
(7)
The viability of alternative sites and alternative designs; and
(8)
Any other specific technical issues identified by the consultant
or designated by the city.
The cost of this review shall be paid by the applicant through
a deposit pursuant to an adopted fee schedule resolution. No permit
shall be issued to any applicant which has not fully reimbursed the
city for the consultant’s cost.
(Ord. O-2017-08 § 3, 2017)
(a)
Pre-Submittal Conference. Prior to application submittal, the city
strongly encourages all applicants to schedule and attend a pre-submittal
conference with public works department staff to receive informal
feedback on the proposed location, design and application materials.
The pre-submittal conference is intended to identify potential concerns
and streamline the formal application review process after submittal.
Public works department staff will endeavor to provide applicants
with an appointment within approximately five (5) business days after
receipt of a written request.
(b)
Application Submittal Appointment. All applications must be submitted
to the city at a pre-scheduled appointment. Applicants may submit
one (1) application per appointment but may schedule successive appointments
for multiple applications whenever feasible as determined by the city.
City staff will endeavor to provide applicants with an appointment
within five (5) business days after receipt of a written request.
(c)
Notice and Decisions. The provisions in this section describe the
procedures for approval and any required notice and public hearings
for an application.
(1)
When Hearings Required.
(A)
Discretionary Decisions. Any permit application under this chapter subject to planning commission or the director’s discretionary approval requires notice and a public hearing in accordance with code Section 23.87.030 (Public hearings and public notices).
(B)
Ministerial Decisions. The director may approve or conditionally
approve an application for a ministerial application without a public
hearing and without issuing prior notice of the decision. For denials
see subsection (c)(3).
(2)
Notice of Decisions.
(A)
Planning Commission Decision of Approval. The planning commission may approve, or conditionally approve, an application only after the commission makes the findings required in Section 23.83.090 (Findings).
(B)
Administrative Approvals. The director may approve, or conditionally approve, an application only after it makes the findings required in Section 23.83.090 (Findings). Within five (5) days after the director approves an application under this chapter, the director is directed to place notice of the decision in the U.S. mail.
(3)
Denials.
(A)
All final decisions made pursuant to this chapter shall be in writing
and based on substantial evidence in the written administrative record.
The written decision shall include the reasons for the decision.
(B)
Administrative Denials. If the director determines that any application
submitted for a ministerial or discretionary wireless communication
facilities permit does not meet code requirements, the director shall
notify the applicant of said finding in writing, and the application
shall be denied effective on the date of issuance of said notice,
unless, within (10) days of the issuance of the written notice, the
applicant requests the application be converted to an application
for a major wireless facilities permit application. The planning commission
shall thereafter hear the application only after a complete application
for the major wireless communication facilities permit has been submitted.
(4)
Notice of Shot Clock Expiration.
(A)
Notification by Applicant. The city acknowledges there are federal
and state shot clocks which may be applicable to a proposed communication
facility. That is, federal and state law provide time periods in which
the city must approve or deny a proposed communication facility. As
such, the applicant is required to provide the city written notice
of the expiration of any shot clock, which the applicant shall ensure
is received by the city (e.g., overnight mail) no later than twenty
(20) days prior to the expiration, and until the applicant has provided
such notice, the city shall be entitled to conclude that the applicant
has consented to the delay, and that the delay is reasonable.
(B)
Tolling Agreements. The director is authorized to enter into an agreement
to toll the relevant shot clock requirements, if the form of the agreement
meets the approval of the city attorney.
(d)
Appeals. Any aggrieved person or entity may appeal a decision by
the director or the planning commission.
(Ord. O-2017-08 § 3, 2017)
(a)
Design and Development Standards. All wireless telecommunications
facilities that are located within the public right-of-way shall be
designed and maintained as to minimize visual, noise and other impacts
on the surrounding community and shall be planned, designed, located,
and erected in accordance with the following:
(1)
General Guidelines.
(A)
The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless telecommunications
facilities to ensure that the facility is as visually screened as
feasible, to prevent the facility from dominating the surroundings.
(B)
Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage,
disguise, and/or blend into the environment, including landscaping,
color, and other techniques to minimize the facility’s visual
impact as well as be compatible with the architectural character of
the surrounding buildings or structures in terms of color, size, proportion,
style, and quality.
(C)
To the extent feasible, facilities shall be located such that views
from a residential structure are not significantly impaired.
(2)
(Reserved)
(3)
Traffic Safety. All facilities shall be designed and located in such
a manner to avoid adverse impacts on traffic safety. Among other things,
when determining traffic safety impacts, the city will consider the
views of the Manual for Uniform Traffic Control Devices (MUTCD) and
whether the proposed installation location is high enough and far
enough away from the street to minimize the risk of high profile vehicles
colliding with the installation.
(4)
Blending Methods. All facilities shall have subdued colors and non-reflective
materials that blend with the materials and colors of the surrounding
area and structures.
(5)
Equipment. The applicant shall use the least visible equipment possible.
Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future
collocation by the same or other operators or carriers. Unless otherwise
provided in this section, antennas shall be situated as close to the
ground as possible.
(6)
Poles.
(C)
Utility Poles. The maximum height of any antenna shall not exceed
forty-eight (48) inches above the height of an existing utility pole,
nor shall any portion of the antenna or equipment mounted on a pole
be less than twenty (20) feet above any drivable road surface. All
installations on utility poles shall fully comply with the California
Public Utilities Commission general orders, including, but not limited
to, General Order 95, as may be revised or superseded.
(D)
Light Poles. The maximum height of any antenna shall not exceed four
(4) feet above the existing height of a light pole. Any portion of
the antenna or equipment mounted on a pole shall be on the pole, and
not on any mast arm.
(E)
Replacement Poles. If an applicant proposes to replace a pole in
order to accommodate a proposed facility, the pole shall be designed
to resemble the appearance and dimensions of existing poles near the
proposed location, including size, height, color, materials and style
to the maximum extent feasible.
(F)
Pole mounted equipment, exclusive of antennas, shall be restricted
to the smallest possible dimensions and shall not exceed nine (9)
cubic feet in dimension.
(G)
(Reserved)
(H)
An exception shall be required to place a new pole in the public
right-of-way. If an exception is granted for placement of new poles
in the right-of-way:
(i)
Appearance. Such new poles shall be designed to resemble existing
poles in the right-of-way near that location, including size, height,
color, materials and style, with the exception of any existing pole
designs that are scheduled to be removed and not replaced.
(ii)
Minimum Distance Between Poles. Such new poles that are not
replacement poles shall be located at least ninety (90) linear feet
from any existing pole to the extent feasible.
(iii)
Analysis. A new pole justification analysis shall be submitted
to demonstrate why existing infrastructure cannot be utilized and
demonstrating the new pole is the least intrusive means possible including
a demonstration that the new pole is designed to be the minimum functional
height and width required to support the proposed facility.
(I)
All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be
camouflaged or hidden to the fullest extent feasible. For all wooden
poles wherein interior installation is infeasible, conduit and cables
attached to the exterior of poles shall be mounted flush thereto and
painted to match the pole.
(7)
Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
(8)
Wind Loads. Each facility shall be properly engineered to withstand
wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact
of modification of an existing facility.
(9)
Obstructions. Each component part of a facility shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, incommode the public’s use of the right-of-way,
or safety hazards to pedestrians and motorists so as not to obstruct
the intersection sight distance.
(10)
Public Facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant,
fire station, fire escape, water valve, underground vault, valve housing
structure, or any other public health or safety facility.
(11)
Screening. All ground-mounted facility, pole-mounted equipment, or
walls, fences, landscaping or other screening methods shall be installed
at least eighteen (18) inches from the curb and gutter flow line.
(12)
Accessory Equipment. Not including the electric meter, all accessory
equipment shall be located underground, except as provided below:
(A)
Unless city staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception shall be required to place accessory equipment above-ground and concealed with natural or manmade features to the maximum extent possible. (See Section 23.83.040(c), authorizing certain above ground installations on existing poles.)
(B)
When above-ground is the only feasible location for a particular
type of accessory equipment and will be ground-mounted, such accessory
equipment shall be enclosed within a structure, and shall not exceed
a height of five (5) feet and a total footprint of fifteen (15) square
feet, and shall be fully screened and/or camouflaged, including the
use of landscaping, architectural treatment, or acceptable alternate
screening. Required electrical meter cabinets shall be screened and/or
camouflaged. Also, while pole-mounted equipment is generally the least
favored installation, should pole-mounted equipment be sought, it
shall be installed as required in this chapter.
(C)
In locations where homes are only along one side of a street,
above-ground accessory equipment shall not be installed directly in
front of a residence. Such above-ground accessory equipment shall
be installed along the side of the street with no homes facing it.
(13)
Landscaping. Where appropriate, each facility shall be installed
so as to maintain and enhance existing landscaping on the site, including
trees, foliage and shrubs. Additional landscaping shall be planted,
irrigated and maintained by applicant where such landscaping is deemed
necessary by the city to provide screening or to conceal the facility.
(14)
Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law
or permitted by the city.
(15)
Lighting.
(A)
No facility may be illuminated unless specifically required
by the Federal Aviation Administration or other government agency.
Beacon lights are not permitted unless required by the Federal Aviation
Administration or other government agency.
(B)
Legally required lightning arresters and beacons shall be included
when calculating the height of facilities such as towers, lattice
towers and monopoles.
(C)
Any required lighting shall be shielded to eliminate, to the
maximum extent possible, impacts on the surrounding neighborhoods.
(D)
Unless otherwise required under FAA or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights,
and must install such lights so as to avoid illumination impacts to
adjacent properties to the maximum extent feasible. The city may,
in its discretion, exempt an applicant from the foregoing requirement
when the applicant demonstrates a substantial public safety need.
(E)
The applicant shall submit a lighting study which shall be prepared
by a qualified lighting professional to evaluate potential impacts
to adjacent properties. Should no lighting be proposed, no lighting
study shall be required.
(F)
Nothing in this subsection (a)(15) is intended to prevent the
installation of wireless facilities camouflaged on or within light
poles if the light pole meet the city’s design requirements
for its own light poles.
(16)
Noise.
(A)
Backup generators shall only be operated during periods of power
outages, and shall be tested only between the hours of 7:00 a.m. and
7:00 p.m., Monday through Friday, and between the hours of 9:00 a.m.
and 6:00 p.m. on Saturday, and shall be prohibited at any time on
Sunday and on all federal holidays, unless other hours are approved
by the director upon receipt of evidence that an emergency exists
which would constitute a hazard to persons or property.
(B)
At no time shall equipment noise from any facility exceed an
exterior noise level of fifty-five (55) dBA three (3) feet from the
source of the noise if the facility is located in the public right-of-way
adjacent to a business, commercial, manufacturing, utility or school
zone; provided, however, that for any such facility located within
five hundred (500) feet of any property zoned residential or improved
with a residential use, such equipment noise shall not exceed forty-five
(45) dBA three (3) feet from the sources of the noise.
(17)
Security. Each facility shall be designed to be resistant to, and
minimize opportunities for, unauthorized access, climbing, vandalism,
graffiti and other conditions that would result in hazardous situations,
visual blight or attractive nuisances. The director may require the
provision of warning signs, fencing, anti-climbing devices, or other
techniques to prevent unauthorized access and vandalism when, because
of their location and/or accessibility, a facility has the potential
to become an attractive nuisance. Additionally, no lethal devices
or elements shall be installed as a security device.
(18)
Modification. Consistent with current state and federal laws and
if permissible under the same, at the time of modification of a communication
facility, existing equipment shall, to the extent feasible, be replaced
with equipment that reduces visual, noise and other impacts, including,
but not limited to, undergrounding the equipment and replacing larger,
more visually intrusive facilities with smaller, less visually intrusive
facilities.
(19)
The installation and construction approved by a communication facility
permit shall begin within one year after its approval or it will expire
without further action by the city.
(b)
Conditions of Approval. In addition to compliance with the design
and development standards outlined in this section, all facilities
shall be subject to the following conditions of approval (approval
may be by operation of law), as well as any modification of these
conditions or additional conditions of approval deemed necessary by
the approving party:
(1)
As Built Drawings. The permittee shall submit an as built drawing
within ninety (90) days after installation of the facility. As-builts
shall be in an electronic format acceptable to the city which can
be linked to the city’s GIS.
(2)
Contact Information. The permittee shall submit and maintain current
at all times basic contact and site information on a form to be supplied
by the city. The permittee shall notify the city of any changes to
the information submitted within thirty (30) days of any change, including
change of the name or legal status of the owner or operator. This
information shall include, but is not limited to, the following:
(3)
Assignment. The permittee shall notify the city in writing at least ninety (90) days prior to any transfer or assignment of the permit. The written notice required in this section must include: (A) the transferee’s legal name; (B) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (C) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the director shall be a cause for the city to revoke the applicable permits pursuant to and following the procedure set on in Section 23.83.180 (Removal and restoration—Permit expiration, revocation or abandonment).
(4)
Signs. At all times, all required notices and/or signs shall be posted
on the site as required by the Federal Communications Commission,
California Public Utilities Commission, any applicable licenses or
laws, and as approved by the city. The location and dimensions of
a sign bearing the emergency contact name and telephone number shall
be posted pursuant to the approved plans.
(5)
Security. Permittee shall pay for and provide a performance bond
or other form of security approved by the city attorney’s office,
which shall be in effect until the facilities are fully and completely
removed and the site reasonably returned to its original condition,
to cover permittee’s obligations under these conditions of approval
and this code. The security instrument coverage shall include, but
not be limited to, removal of the facility. (The amount of the security
instrument shall be calculated by the applicant in its submittal documents
in an amount rationally related to the obligations covered by the
bond and shall be specified in the conditions of approval.) Before
issuance of any building permit, permittee must submit said security
instrument.
(6)
Noise Complaints. If a nearby property owner or occupant registers
a noise complaint and city forwards the same to the permittee (personally
identifiable information may be redacted), the permittee shall have
ten (10) business days to file a written response regarding the complaint
which includes any applicable remedial measures. If the city determines
the complaint is valid and the applicant has not taken any steps to
minimize the noise, the city may hire a consultant to study, examine
and evaluate the noise complaint and the permittee shall pay the fee
for the consultant if the site is found in violation of this chapter.
The matter shall be reviewed by the director. If the director determines
sound proofing or other sound attenuation measures should be required
to bring the project into compliance with this code, the director
may impose conditions on the project to achieve said objective.
(7)
Permit Expiration. A condition setting forth the permit expiration date in accordance with Section 23.83.160 (Permit expiration) shall be included in the conditions of approval.
(8)
Additional Conditions. The communication facility shall be subject
to such conditions, changes or limitations as are from time to time
deemed necessary by the director for the purpose of: (A) protecting
the public health, safety, and welfare; (B) preventing interference
with pedestrian and vehicular traffic; and/or (C) preventing damage
to the public right-of-way or any adjacent property. The city may
modify the permit to reflect such conditions, changes or limitations
by following the same notice and public hearing procedures as are
applicable to the underlying permit for similarly located facilities,
except the permittee shall be given notice by personal service or
by registered or certified mail at the last address provided to the
city by the permittee.
(9)
No Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by Section 23.83.080(b)(5)23.83.080(b)(5) (Security).
(10)
Property Rights. The permittee shall not move, alter, temporarily
relocate, change, or interfere with any existing structure, improvement
or property without the prior consent of the owner of that structure,
improvement or property. No structure, improvement or property owned
by the city shall be moved to accommodate a communication facility
unless the city determines that such movement will not adversely affect
the city or any surrounding businesses or residents, and the permittee
pays all costs and expenses related to the relocation of the city’s
structure, improvement or property. Prior to commencement of any work
pursuant to an encroachment permit issued for any facility within
the public right-of-way, the permittee shall provide the city with
documentation establishing to the city’s satisfaction that the
permittee has the legal right to use or interfere with any other structure,
improvement or property within the public right-of-way to be affected
by applicant’s facilities.
(11)
Liability. The permittee shall assume full liability for damage or
injury caused to any property or person by the facility.
(12)
Repair Obligations. The permittee shall repair, at its sole cost
and expense, any damage including, but not limited to subsidence,
cracking, erosion, collapse, weakening, or loss of lateral support
to city streets, sidewalks, walks, curbs, gutters, trees, parkways,
street lights, traffic signals, improvements of any kind or nature,
or utility lines and systems, underground utility line and systems,
or sewer systems and sewer lines that result from any activities performed
in connection with the installation, use, and/or maintenance of a
communication facility in the public right-of-way. The permittee shall
restore such areas, structures and systems to the condition in which
they existed prior to the installation or maintenance that necessitated
the repairs. If the permittee fails to complete such repair within
the number of days stated on a written notice by the city engineer.
Such time period for correction shall be based on the facts and circumstances,
danger to the community and severity of the disrepair. Should the
permittee not make said correction within the time period allotted
the city engineer shall cause such repair to be completed at permittee’s
sole cost and expense.
(13)
Drip Line. No facility shall be permitted to be installed in the
drip line of any tree in the right-of-way.
(14)
Insurance. The permittee shall obtain, pay for and maintain, in full
force and effect until the facility approved by the permit is removed
in its entirety from the public right-of-way, an insurance policy
or policies of public liability insurance, with minimum limits of
two million dollars ($2,000,000.00) for each occurrence and five million
dollars ($5,000,000.00) in the aggregate, that fully protects the
city from claims and suits for bodily injury and property damage.
The insurance must name the city and its elected and appointed council
members, boards, commissions, officers, officials, agents, consultants,
employees and volunteers as additional named insureds, be issued by
an insurer admitted in the state of California with a rating of at
least a A:VII in the latest edition of A.M. Best’s Insurance
Guide, and include an endorsement providing that the policies cannot
be canceled or reduced except with thirty (30) days’ prior written
notice to the city, except for cancellation due to nonpayment of premium.
The insurance provided by permittee shall be primary to any coverage
available to the city, and any insurance or self-insurance maintained
by the city and its elected and appointed council members, boards,
commissions, officers, officials, agents, consultants, employees and
volunteers shall be excess of permittee’s insurance and shall
not contribute with it. The policies of insurance required by this
permit shall include provisions for waiver of subrogation. In accepting
the benefits of this permit, permittee hereby waives all rights of
subrogation against the city and its elected and appointed council
members, boards, commissions, officers, officials, agents, consultants,
employees and volunteers. The insurance must afford coverage for the
permittee’s and the wireless provider’s use, operation
and activity, vehicles, equipment, facility, representatives, agents
and employees, as determined by the city’s risk manager. Before
issuance of any building permit for the facility, the permittee shall
furnish the city risk manager certificates of insurance and endorsements,
in the form satisfactory to the city attorney or the risk manager,
evidencing the coverage required by the city.
(15)
Indemnification. To the fullest extent permitted by law, permittee
and any contractors or subcontractors working on its behalf agree
to indemnify the city of Placentia, its officers, employees, agents
and elected and appointed boards (hereinafter “city indemnitees”)
for any loss, claim, demand, cause of action, cost, expense, damage,
obligation or liability which arises out of or is in any way connected
with the installation, use, and maintenance of the communication facility,
including any acts or omissions, willful misconduct or negligent conduct,
whether active or passive, on the part of permittee, its contractors
or subcontractors, and regardless of any acts, omissions or negligence
(whether active or passive) of any person or entity indemnified hereunder.
At their own expense, permittee and, as applicable, any contractors
or subcontractors working on its behalf, shall defend any suit, claim
or action against the city indemnitees founded upon such loss, claim,
demand, cause of action, cost, expense, damage, obligation or liability.
Permittee shall ensure that the contract of any contractor or subcontractor
working under this permit contain an indemnity agreement, requiring
the contractor or subcontractor to indemnify and defend the city indemnitees
pursuant the terms set forth above. Permittee shall indemnify the
city indemnitees, and save them harmless from any and all loss, damage,
costs, expenses and attorney’s fees suffered or incurred on
account of any breach of the aforesaid obligations and covenants,
and any other provision or covenant of this section.
(16)
Hold Harmless. Additionally, to the fullest extent permitted by law,
the permittee, and every permittee and person in a shared permit,
jointly and severally, shall defend, indemnify, protect and hold the
city and its elected and appointed council members, boards, commissions,
officers, officials, agents, consultants, employees and volunteers
harmless from and against all claims, suits, demands, actions, losses,
liabilities, judgments, settlements, costs (including, but not limited
to, attorney’s fees, interest and expert witness fees), or damages
claimed by third parties against the city for any injury claim, and
for property damage sustained by any person, arising out of, resulting
from, or are in any way related to the communication facility, or
to any work done by or use of the public right-of-way by the permittee,
owner or operator of the communication facility, or their agents,
excepting only liability arising out of the sole negligence or willful
misconduct of the city and its elected and appointed council members,
boards, commissions, officers, officials, agents, consultants, employees
and volunteers.
(17)
Cabinet Removal. Should the utility company servicing the facility
with electrical service not require the use of an above ground meter
cabinet, the permittee shall at its sole cost and expense remove the
meter cabinet and any related foundation within ninety (90) days of
such service being offered and reasonably restore the area to its
prior condition. An extension may be granted if circumstances arise
outside of the control of the permittee.
(18)
Relocation. The permittee shall modify, remove, or relocate its facility,
or portion thereof, without cost or expense to city, if and when made
necessary by: (A) any public improvement project, including, but not
limited to, the construction, maintenance, or operation of any underground
or above ground facilities including but not limited to sewers, storm
drains, conduits, gas, water, electric or other utility systems, or
pipes owned by city or any other public agency; (B) any abandonment
of any street, sidewalk or other public facility; (C) any change of
grade, alignment or width of any street, sidewalk or other public
facility; or (D) a determination by the director that the communication
facility has become incompatible with public health, safety or welfare
or the public’s use of the public right-of-way. Such modification,
removal, or relocation of the facility shall be completed within ninety
(90) days of notification by city unless exigencies dictate a shorter
period for removal or relocation. Modification or relocation of the
facility shall require submittal, review and approval of a modified
permit pursuant to this code including applicable notice and hearing
procedures. The permittee shall be entitled, on permittee’s
election, to either a pro-rata refund of fees paid for the original
permit or to a new permit, without additional fee, at a location as
close to the original location as the standards set forth in this
code allow. If the facility is not modified, removed, or relocated
within said period of time, city may cause the same to be done at
the sole cost and expense of permittee. Further, due to exigent circumstances
including those of immediate or imminent threat to the public’s
health and safety, the city may modify, remove, or relocate wireless
telecommunications facilities without prior notice to permittee provided
permittee is notified within a reasonable period thereafter.
(19)
Written Approval of Conditions. Permittee shall agree in writing
that the permittee is aware of, and agrees to abide by, all conditions
of approval imposed by the communication facility permit within thirty
(30) days of permit issuance. The permit shall be void and of no force
or effect unless such written consent is received by the city within
said thirty (30) day period.
(20)
Right-of-Way Agreement. Prior to the issuance of any encroachment
permit, permittee may be required to enter into a right-of-way agreement
with the city in accordance with the city’s past practice.
(21)
“Permittee” shall include the applicant and all successors
in interest to this permit.
(Ord. O-2017-08 § 3, 2017)
No discretionary permit shall be granted for a communication
facility unless the approving party makes all of the following findings:
(a)
The proposed facility has been designed and located in compliance with all applicable provisions of this code, including Chapter 23.83.
(b)
Either: (1) the design and location for the proposed installation
is least intrusive on the purposes of this chapter; or (2) there is
no feasible alternative design or location that would be less intrusive
on the purposes of this chapter.
(Ord. O-2017-08 § 3, 2017)
No permit or approval granted under this chapter shall confer
any exclusive right, privilege, license or franchise to occupy or
use the public right-of-way of the city for any purpose whatsoever.
Further, no approval shall be construed as any warranty of title.
(Ord. O-2017-08 § 3, 2017)
A COW shall be permitted for the duration of an emergency declared
by the city or at the discretion of the director.
(Ord. O-2017-08 § 3, 2017)
All wireless telecommunications facilities must comply at all
times with the following operation and maintenance standards:
(a)
Repairs. Unless otherwise provided herein, all necessary repairs
and restoration shall be completed by the permittee, owner, operator
or any designated maintenance agent within forty-eight (48) hours:
(b)
Contact Information. Each permittee of a communication facility shall
provide the director with the name, address and twenty-four (24) hour
local or toll free contact phone number of the permittee, the owner,
the operator and the agent responsible for the maintenance of the
facility (“contact information”). Contact information
shall be updated within seven (7) days of any change.
(c)
Good Condition. All facilities, including, but not limited to, telecommunication
towers, poles, accessory equipment, lighting, fences, walls, shields,
cabinets, artificial foliage or camouflage, and the facility site
shall be maintained in good condition, including ensuring the facilities
are reasonably free of:
(1)
General dirt and grease;
(2)
Chipped, faded, peeling, and cracked paint;
(3)
Rust and corrosion;
(4)
Cracks, dents, and discoloration;
(5)
Missing, discolored or damaged artificial foliage or other camouflage;
(6)
Graffiti, bills, stickers, advertisements, litter and debris;
(7)
Broken and misshapen structural parts; and
(8)
Any damage from any cause.
(d)
Landscaping. All trees, foliage or other landscaping elements approved
as part of the facility shall be maintained in good condition at all
times, and the permittee, owner and operator of the facility shall
be responsible for replacing any damaged, dead or decayed landscaping.
No amendment to any approved landscaping plan may be made until it
is submitted to and approved by the director.
(e)
Replacement. The permittee shall replace its facilities, after obtaining
all required permits, if maintenance or repair is not sufficient to
return the facility to the condition it was in at the time of installation.
(f)
Routine Inspections. Each facility shall be operated and maintained
to comply at all conditions of approval. Each owner or operator of
a facility shall routinely inspect each site to ensure compliance
with the same and the standards set forth in this chapter.
(Ord. O-2017-08 § 3, 2017)
No person shall install, use or maintain any facility which
in whole or in part rests upon, in or over any public right-of-way,
when such installation, use or maintenance endangers or is reasonably
likely to endanger the safety of persons or property, or when such
site or location is used for public utility purposes, public transportation
purposes or other governmental use, or when such facility unreasonably
interferes with or unreasonably impedes the flow of pedestrian or
vehicular traffic including any legally parked or stopped vehicle,
the ingress into or egress from any residence or place of business,
the use of poles, posts, traffic signs or signals, hydrants, mailboxes,
permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
(Ord. O-2017-08 § 3, 2017)
(a)
Ten (10) Year Expiration. Unless Government Code Section 65964, as
it may be amended, authorizes the city to issue a permit with a shorter
term, a permit for any communication facility shall be valid for a
period of ten (10) years, unless pursuant to another provision of
this code it lapses sooner or is revoked. At the end of ten (10) years
from the date of issuance, such permit shall automatically expire.
(b)
Renewal. A permittee may apply for a new permit within one hundred
eighty (180) days prior to expiration. Said application and proposal
shall comply with the city’s current code requirements for wireless
telecommunications facilities.
(Ord. O-2017-08 § 3, 2017)
(a)
Abandonment. A communication facility is considered abandoned and
shall be promptly removed as provided herein if it ceases to provide
wireless telecommunications services for ninety (90) or more consecutive
days unless the permittee has obtained prior written approval from
the director which shall not be unreasonably denied. If there are
two (2) or more users of a single facility, then this provision shall
not become effective until all users cease using the facility.
(b)
Notice of Abandonment. The operator of a facility shall notify the
city in writing of its intent to abandon or cease use of a permitted
site or a nonconforming site (including unpermitted sites) within
ten (10) days of ceasing or abandoning use. Notwithstanding any other
provision herein, the operator of the facility shall provide written
notice to the director of any discontinuation of operations of thirty
(30) days or more.
(c)
Remedies. Failure to inform the director of cessation or discontinuation
of operations of any existing facility as required by this section
shall constitute a violation of any approvals and be grounds for:
(1)
Litigation;
(2)
Revocation or modification of the permit;
(3)
Acting on any bond or other assurance required by this article or
conditions of approval of the permit;
(4)
Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at
the owner’s expense; and/or
(5)
Any other remedies permitted under this code.
(Ord. O-2017-08 § 3, 2017)
(a)
Removal at Permit Termination. Upon the expiration date of the permit,
including any extensions, earlier termination or revocation of the
permit or abandonment of the facility, the permittee, owner or operator
shall remove its communication facility and restore the site to its
natural condition except for retaining the landscaping improvements
and any other improvements at the discretion of the city. Removal
shall be in accordance with proper health and safety requirements
and all ordinances, rules, and regulations of the city. The facility
shall be removed from the property, at no cost or expense to the city.
(b)
Failure to Remove. Failure of the permittee, owner or operator to
promptly remove its facility and restore the property within ninety
(90) days after expiration, earlier termination or revocation of the
permit, or abandonment of the facility, shall be a violation of this
code. Upon a showing of good cause, an extension may be granted by
the director where circumstances are beyond the control of the permittee
after expiration. Further failure to abide by the timeline provided
in this section shall be grounds for:
(1)
Prosecution;
(2)
Acting on any security instrument required by this chapter or conditions
of approval of permit;
(3)
Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at
the owner’s expense; and/or
(4)
Any other remedies permitted under this code.
(c)
Summary Removal. If the director or city engineer determines that
the condition or placement of a communication facility located in
the public right-of-way constitutes a dangerous condition, obstruction
of the public right-of-way, or an imminent threat to public safety,
or determines other exigent circumstances require immediate corrective
action (collectively, “exigent circumstances”), the director
or city engineer may cause the facility to be removed summarily and
immediately without advance notice or a hearing. Written notice of
the removal shall include the basis for the removal and shall be served
upon the permittee and person who owns the facility within five (5)
business days of removal and all property removed shall be preserved
for the owner’s pick-up as feasible. If the owner cannot be
identified following reasonable effort or if the owner fails to pick-up
the property within sixty (60) days, the facility shall be treated
as abandoned property.
(d)
Removal of Facilities by City. If the city removes a facility in
accordance with nuisance abatement procedures or summary removal,
any such removal shall be without any liability to the city for any
damage to such facility that may result from reasonable efforts of
removal. In addition to the procedures for recovering costs of nuisance
abatement, the city may collect such costs from any performance bond
posted and to the extent such costs exceed the amount of the performance
bond, collect those excess costs in accordance with this code. Unless
otherwise provided herein, the city has no obligation to store such
facility. Neither the permittee, owner nor operator shall have any
claim if the city destroys any such facility not timely removed by
the permittee, owner or operator after notice, or removed by the city
due to exigent circumstances.
(Ord. O-2017-08 § 3, 2017)
(a)
Federal Law—Planning Commission Exception. The city council
recognizes that federal law prohibits a permit denial when it would
effectively prohibit the provision of personal wireless services and
the applicant proposes the least intrusive means to provide such services.
The city council finds that, due to wide variation among wireless
facilities, technical service objectives and changed circumstances
over time, a limited exemption for proposals in which strict compliance
with this chapter would effectively prohibit personal wireless services
serves the public interest. The city council further finds that circumstances
in which an effective prohibition may occur are extremely difficult
to discern, and that specified findings to guide the analysis promotes
clarity and the city’s legitimate interest in well-planned wireless
facilities deployment. Therefore, if any applicant demonstrates that
strict compliance with any provision in this chapter, as applied to
a specific proposed personal wireless services facility, would effectively
prohibit the provision of personal wireless services, the planning
commission may grant a limited, one (1) time exemption from strict
compliance with the requirements of this code subject to the provisions
in this section.
(b)
Required Findings. The planning commission shall not grant any exception
unless the applicant demonstrates by a preponderance of the evidence
all the following:
(1)
The proposed wireless facility qualifies as a “personal wireless
services facility” as defined in United States Code, Title 47,
Section 332(c)(7)(C)(ii);
(2)
The applicant has provided the city with a clearly defined technical
service objective and a clearly defined potential site search area;
(3)
The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s)
or design(s) suggested by the city or otherwise identified in the
administrative record, including, but not limited to, potential alternatives
identified at any public meeting or hearing, are not technically feasible
or potentially available; and
(4)
The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why the proposed location
and design deviates is the least noncompliant location and design
necessary to reasonably achieve the applicant’s reasonable technical
service objectives.
(c)
Scope. The planning commission shall limit its exemption to the extent
to which the applicant demonstrates such exemption is necessary to
reasonably achieve its reasonable technical service objectives. The
planning commission may adopt conditions of approval as reasonably
necessary to promote the purposes in this chapter and protect the
public health, safety and welfare.
(d)
Independent Consultant. The city shall have the right to hire, at
the applicant’s expense, an independent consultant to evaluate
issues raised by the exception and to submit recommendations and evidence
in response to the application.
(Ord. O-2017-08 § 3, 2017)
Wireless telecommunications facilities are strongly disfavored in certain areas. Therefore, the following locations are permitted when an exception has been granted pursuant to Section 23.83.190 (Exceptions):
(a)
Public right-of-way of local streets as identified in Section 22.08.030 if within the residential zones.
(b)
Public right-of-way if mounted to a new pole that is not replacing
an existing pole in an otherwise permitted location.
(Ord. O-2017-08 § 3, 2017)
Compliance with the provisions of this chapter shall not relieve
a person from complying with any other applicable provision of this
code. In the event of a conflict between any provision of this chapter
and other sections of this code, this chapter shall control.
(Ord. O-2017-08 § 3, 2017)
(a)
Ministerial Permitting.
(1)
If it is determined by the city attorney that state or federal law
prohibits discretionary permitting requirements for certain wireless
telecommunications facilities, such requirement shall be deemed severable
and all remaining regulations shall remain in full force and effect.
Such a determination by the city attorney shall be in writing with
citations to legal authority and shall be a public record. For those
facilities, in lieu of a use permit or a special use permit, a ministerial
administrative permit shall be required prior to installation or modification
of a communication facility, and all provisions of this chapter that
would otherwise apply to the discretionary permit shall be applicable
to any such facility with the exception that the required permit shall
be reviewed and administered as a ministerial permit by the director
rather than as a discretionary permit. Any conditions of approval
set forth in this provision or deemed necessary by the director shall
be imposed and administered as reasonable time, place and manner rules.
(2)
Notwithstanding the foregoing subsection (1) of this subsection (a),
the determination that would otherwise be made by the city attorney
may be made by the director if the director’s determination
is made upon a form approved by the city attorney which form is designed
to ensure compliance with the requirements of subsection (1).
(b)
Changed Law. If subsequent to the issuance of the written determination pursuant to subsection (a), and before the issuance of a wireless telecommunications permit, the city attorney determines that the law has changed and that discretionary permitting is permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney’s written determination shall be a public record.
(c)
Enforceable Laws. All installations permitted pursuant to this chapter
shall comply with all federal and state laws including, but not limited
to, the Americans with Disabilities Act, and the California Building
Standards Code.
(Ord. O-2017-08 § 3, 2017)
