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. 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:
A. For
the preservation of the public right-of-way in the city for the maximum
benefit and use of the public;
B. 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
C. To
provide for the orderly, managed and efficient development of wireless
telecommunications facilities in accordance with state and federal
laws, rules and regulations.
(Ord. 5975 § 1, 2018)
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Accessory equipment"
means any equipment associated with the installation of a
wireless telecommunications 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, uninterruptible power supplies, and
surface location markers.
"Antenna"
means that part of a wireless telecommunications facility
which is designed to radiate or receive radio frequency signals.
"Base station"
means a structure or equipment at a fixed location that enables
Federal Communications Commission's ("FCC") licensed
or authorized wireless communications between user equipment and a
communications network.
"Cellular"
means an analog or digital wireless telecommunications technology
that is based on a system of inter-connected neighboring cell sites.
"City"
means the City of Roseville or a designated agent of the
City of Roseville.
"City-owned property"
means any property owned, rented or leased by the city, or
in which the city has the right to use or occupancy by virtue of an
easement or other similar interest, excluding the public right-of-way.
For purposes of this definition, "property" includes real
property or improvements thereon, and personal property, fixtures
or equipment.
"Code"
means the Roseville Municipal Code.
"Co-location"
means the mounting or installation of transmission equipment
on an eligible support structure which is for the purpose of transmitting
and/or receiving radio frequency signal for communication purposes.
"COW"
means a "cell on wheels," which is a wireless
telecommunications facility temporarily rolled in or temporarily installed.
"Director"
means the director of development services, or designee.
"Eligible facilities"
means the modification of an existing wireless tower or base
station that involves the co-location of new transmission equipment,
the removal of transmission equipment, or the replacement of transmission
equipment as defined in 47 U.S.C. Section 1455 or its successor statute.
"Eligible support structure"
means any tower or base station provided that it is existing
at the time the application is filed with the city.
"Modification"
means a change to an existing wireless telecommunications
facility that involves any of the following: co-location, expansion,
alteration, enlargement, intensification, reduction, augmentation,
removal of transmission equipment, or replacement of transmission
equipment, including, but not limited to, changes in size, shape,
color, visual design, or exterior material. "Modification"
does not include repair, replacement (excluding replacement of transmission
equipment) or maintenance if those actions do not involve a change
to the existing facility involving any of the following: co-location,
expansion, alteration, enlargement, intensification, reduction, or
augmentation.
"Monopole"
means a structure composed of a pole or tower used to support
antennas or related equipment. A monopole also includes a monopine,
monopalm and similar monopoles camouflaged to resemble faux trees
or other faux objects attached on a monopole (e.g., water tower).
"Permittee"
shall include the applicant and all successors in interest
to the wireless telecommunications facilities permit.
"Pole"
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.
"Public right-of-way"
means the area on, below, or above a public roadway, highway,
street, or alley that is owned by the city, publicly held by the city
or dedicated to the city for public use and over which the city has
jurisdiction and control and may lawfully grant access pursuant to
applicable law. "Public right-of-way" shall also include:
(1) public utility easements adjacent to public roadways, highways,
streets, or alleys that are under the jurisdiction and control of
the city wherein the city now or hereafter acquires the right to locate
or permit the location of wireless telecommunications facilities,
provided that the terms and conditions of any such easement expressly
allow, or any restrictions thereon do not expressly prohibit, the
use of the particular easement for purposes other than which it was
conveyed, dedicated or condemned; and (2) all landscape corridors
adjacent to public roadways, highways, streets, or alleys that are
owned by the city, publicly held by the city or dedicated to the city
for public use and over which the city has jurisdiction and control
and may lawfully grant access pursuant to applicable law.
"Public right-of-way"
shall not include: (1) county, state or federal rights-of-way;
(2) property owned by any person other than the city; (3) service
entrances or driveways leading from the road or street onto adjoining
property; or (4) except as described above, any real or personal property
of the city, such as, but not limited to, bike trails, city parks,
buildings, fixtures, poles, conduits, sewer lines, facilities, or
other structures or improvements, regardless of whether they are situated
in the public right-of-way.
"Street light pole"
means a pole located on the edge of the public right-of-way
containing a raised source of light whose main purpose is to light
the public right-of-way.
"Substantial evidence"
means such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion.
"Telecommunications tower"
means a freestanding structure designed and primarily used
to support wireless telecommunications facility antennas.
"Tower"
means any structure built for the sole or primary purpose
of supporting any FCC licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul, and the associated
site.
"Traffic signal pole"
means a pole containing signaling devices positioned at road
intersections, pedestrian crossings, and other locations to control
the flow of traffic.
"Utility pole"
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.
"Wireless telecommunications facility," "facility"
or "facilities"
mean any facility 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, fences, and other accessory
development.
The term "wireless telecommunications facility"
does not apply to the following:
1.
Government owned and operated telecommunications facilities.
2.
Emergency medical care provider-owned and operated telecommunications
facilities.
3.
A mobile wireless telecommunications facility operated by the
media on a temporary basis at various locations in the city to provide
public information coverage of news events.
4.
Any wireless telecommunications facilities exempted from this
code by state or federal law.
"Wireless telecommunications services"
means the provision of services using a wireless telecommunications
facility or a wireless telecommunications co-location facility, and
shall include, but is 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. 5975 § 1, 2018)
No permit shall be granted for a wireless telecommunications
facility unless all of the following findings are made by the director:
A. All
notices required for the proposed installation have been given.
B. The
proposed facility has been designed and located in compliance with
all applicable provisions of this chapter.
C. If
applicable, the applicant has demonstrated its inability to locate
on existing infrastructure.
D. The
applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant
to state or federal law.
E. The
applicant has demonstrated the proposed installation is supported
by factual evidence and a meaningful comparative analysis to show
that all alternative locations in the public right-of-way and designs
identified in the application review process were technically infeasible
or not available.
F. All
applicable fees have been paid.
G. The
applicant has obtained any approvals that may be required under the
California Environmental Quality Act (California Public Resources
Code Section 21000 et seq.) to construct, install, and maintain the
proposed wireless telecommunications facility.
(Ord. 5975 § 1, 2018)
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. 5975 § 1, 2018)
A COW or other temporary wireless telecommunications facility
shall be permitted for the duration of an emergency declared by the
city or at the discretion of the director.
(Ord. 5975 § 1, 2018)
All wireless telecommunications facilities must comply at all
times with the following operation and maintenance standards:
A. Unless
otherwise provided herein, all necessary repairs and maintenance shall
be completed by the permittee, owner, operator or any designated maintenance
agent within 48 hours:
1. After
discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
2. After
permittee, owner, operator or any designated maintenance agent receives
notification from the city.
B. Each
permittee of a wireless telecommunications facility shall provide
the director with the name, address and 24-hour local or toll free
contact phone number of the permittee, the owner, the operator and
the agent responsible for the maintenance of the facility ("contact
information"). Contact information shall be updated within seven
calendar days of any change.
C. 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
by the permittee, owner, or operator in good condition, including
ensuring the facilities are reasonably free of:
2. Chipped,
faded, peeling, and cracked paint;
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;
9. Missing
pull box or hand hole lids or covers; and
10. Any damage from any cause including, but not limited to, vandalism.
D. All
trees, foliage or other landscaping elements approved as part of the
facility shall be maintained by the permittee, owner, or operator
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. 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. Each
facility shall be operated and maintained to comply with all conditions
of approval. Each permittee, 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.
G. Any
damage to city owned utility, traffic signal or street light poles
that is repaired or replaced by the city will be at the owner's
expense.
H. Any
damage to city owned equipment that is repaired or replaced by the
city will be at the owner's expense.
I. The
permittee, owner, operator, or their agents, must have in their possession
at all times a city approved traffic control plan for any maintenance
or repair work staged within the vehicle travel way, bicycle lanes,
or sidewalks.
(Ord. 5975 § 1, 2018)
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 violates the ADA or 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. 5975 § 1, 2018)
Wireless telecommunications facilities located within the public
right-of-way of local streets as identified in the general plan, if
within a residential zone, are the least-preferred location.
(Ord. 5975 § 1, 2018)
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. 5975 § 1, 2018)
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, word, sentence, or paragraph of this chapter
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
(Ord. 5975 § 1, 2018)