The purpose of this chapter is to establish comprehensive requirements and standards for the development, siting, installation, and operation of small cell wireless communications facilities and ancillary support infrastructure. These regulations are intended to protect and promote public safety, community welfare, and the aesthetic quality of the City consistent with the goals, objectives, and policies of the General Plan while providing for well-managed development of small cell wireless telecommunications in accordance with the Federal Telecommunications Act of 1996, Section 263 of Title 47 United States Code of Law, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 and California law. The specific objectives of this chapter include, but are not limited to, the following:
A. 
Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and nonresidential areas consistent with the adopted General Plan and other City-adopted plans and in compliance with applicable State and Federal legislation;
B. 
Minimize the number of small cell wireless facilities in the City by encouraging the location of small cell facilities as a less intrusive alternative, including, but not limited to, co-location, where feasible;
C. 
Provide the opportunity for wireless quality of service to all persons and visitors in the City by permitting well-designed small cell wireless facilities compliant with FCC health and safety regulations located in the public rights-of-way in any zone or in any zone that includes a commercial or industrial use;
D. 
Improve the ability of telecommunications providers to provide services quickly, safely, effectively, and efficiently while ensuring compliance with all applicable requirements;
E. 
Ensure that public safety personnel have adequate cellular coverage;
F. 
Support the use of wireless services to enhance personal and public health and safety and the general welfare of persons living, working, and visiting in the City; and
G. 
Require wireless communications providers to use the best available design and technology to eliminate all adverse visual impacts of the small cell wireless facilities and ancillary support infrastructure and provide opportunities for further reduction in potential aesthetic and environmental impacts as changes in technology occur.
(Ord. 1546 § 2, 2017)
Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings. For those terms related to wireless communication facilities not defined here, refer to Section 20.370.008.
Ancillary Equipment.
Any wires, cables, meter boxes, cooling devices, cable, conduit and connectors, and any other equipment required to operate and support the operation of Small Cell Wireless Facilities.
Applicant.
The Service Provider(s) of the Small Cell Wireless Facilities that are proposed to be located within the City, or Service Provider(s)’s authorized representative.
Co-Location.
The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communications facilities with other facilities such as buildings, water tanks, light standards, and other utility facilities and structures.
Distributed Antenna System.
Shall have the definition as stated in Section 20.370.008. A system of Small Cell Facilities as defined and regulated by this chapter does not include a Distributed Antenna System.
Equipment Cabinet.
A structure that contains, protects and conceals the Ancillary Equipment. Equipment Cabinet may also include the equipment necessary to allow for the undergrounding of PG&E meters and other Ancillary Equipment related to the functioning of Small Cell Wireless Facilities.
License Area.
Locations in City zones where Small Cell Wireless Facilities are permitted to be installed and operated pursuant to the requirements of this chapter.
Public Right-of-Way.
All public streets and utility easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity’s right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities.
Readily Visible.
An object that can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless communication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials.
Small Cell Wireless Facility.
A Small Cell Wireless Facility means a wireless telecommunications facility, as defined in paragraph (2) of subdivision (d) of Section 65850.6 of the Government Code, as amended, or a wireless facility that uses licensed or unlicensed spectrum and that meets the following requirements:
1. 
The structure on which antenna facilities are mounted:
a. 
Is 50 feet or less in height, or
b. 
Is no more than 10 percent taller than other adjacent structures, or
c. 
Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and
2. 
Each antenna (excluding associated antenna equipment as defined by 47 C.F.R. § 1.1320(d)) is no more than three cubic feet in volume;
3. 
All other wireless equipment associated with the facility are cumulatively no more than 28 cubic feet in volume;
4. 
The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17;
5. 
The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x);
6. 
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b);
7. 
A micro wireless facility, which shall be defined as a small cell that is no larger than 24 inches long, 15 inches in width, 12 inches in height, and that has an exterior antenna, if any, no longer than 11 inches;
8. 
For the purposes of this subsection, the following types of Ancillary Equipment are excluded from the calculation of equipment volume:
a. 
Electric meters and any required pedestal,
b. 
Concealment elements such as a stealth facility,
c. 
Any telecommunications demarcation box,
d. 
Grounding equipment, power transfer switch,
e. 
Cutoff switch,
f. 
Vertical cable runs for the connection of power and other services, and
g. 
Equipment concealed within an existing building or structure;
9. 
For the purposes of this chapter, a Small Cell Wireless Facility does not include the following:
a. 
Wireline backhaul facility, which shall mean a facility used for the transport of communications data by wire from wireless facilities to a network,
b. 
Coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a particular antenna or collocation,
c. 
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,
d. 
Underlying vertical infrastructure, which shall mean poles or similar facilities owned or controlled by the City that are in the public rights-of-way or public utility easements and meant for, or used in whole or in part for, communications service, electric service, lighting, traffic control, or similar functions.
Stealth Facility.
Any commercial wireless communications facility that is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing landscape or environment rather than identifiable as a wireless communications facility. Stealth facilities may be installed, but such installation methods are not limited to, undergrounding, partially undergrounding and landscaping.
(Ord. 1546 § 2, 2017; Ord. 1585 § 2, 2019)
A. 
Permitted Facilities. Subject to compliance with all applicable provisions of this chapter, Small Cell Wireless Facilities shall, pursuant to a Small Cell Attachment Permit, be permitted in License Areas, which are designated as follows:
1. 
On existing structures within the public right-of-way in all zoning districts.
2. 
On existing structures located outside of the public right-of-way in any zone that includes a commercial or industrial use.
3. 
On new structures within the public right-of-way in all zoning districts, or outside of the public right-of-way in any zone that includes a commercial or industrial use, subject to the requirements of this chapter.
B. 
Permitted Locations. Subject to compliance with all applicable provisions of this chapter, the Permitted Locations for Small Cell Wireless Facilities within License Areas are as follows:
1. 
Small Cell Wireless Facilities in the public right-of-way in all zoning districts shall be located in accordance with the following Design and Location Preferences. The preferred approaches for design and siting of new Small Cell Wireless Facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include documentation demonstrating that a higher ranked option is not feasible in light of the provider’s service objectives.
a. 
Existing light poles.
b. 
All other utility poles.
c. 
Utility cabinets.
d. 
Any other existing pole, or an existing structure in the public right-of-way that are Readily Visible.
For the purposes of this subsection, documentation provided by the Applicant that locating Small Cell Wireless Facilities on a higher ranked option would result in all of the wireless telecommunications facilities being limited to sites owned by one particular party within the City is sufficient to demonstrate that a higher ranked option is not feasible.
2. 
Small Cell Wireless Facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall be located in accordance with the following Design and Location Preferences. The preferred approaches for design and siting of new Small Cell Wireless Facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include documentation demonstrating that a higher ranked option is not feasible in light of the provider’s service objectives.
a. 
Design Preferences.
i. 
Building- or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.
ii. 
Building- or structure-mounted antennas set back from roof edge and not visible from the public right-of-way or from surrounding properties.
iii. 
On existing communication towers, existing signal, light or similar kinds of permanent poles not supplying electric, telephone or similar service and not in the public right-of-way, or utility facilities not subject to the City’s franchise agreements.
iv. 
Nonbuilding- or structure-mounted alternative tower structures.
b. 
Location Preferences.
i. 
In any Nonresidential district and co-located with existing conforming facilities.
ii. 
In any Nonresidential district and located more than 600 feet from a Residential district.
iii. 
On Nonresidential structures in Residential districts and located more than 600 feet from a Residential Structure.
iv. 
In any Nonresidential district and located less than 600 feet from a Residential district.
C. 
Co-Locating with Existing Wireless Communication Facilities. Co-location of Small Cell Wireless Facilities with existing Wireless Communication Facilities within Permitted Locations is permitted, subject to design and co-location standards as set forth in this chapter.
D. 
Permits Required. Applicants shall obtain the following permits prior to installing, constructing, maintaining, operating, removing or performing work related to a Small Cell Wireless Facility.
1. 
Small Cell Attachment Permit. All Small Cell Wireless Facilities must obtain a Small Cell Attachment Permit for each Small Cell Wireless Facility by submitting an application and obtaining approval pursuant to the requirements of this chapter.
2. 
Encroachment Permit. An Applicant seeking to install, construct, operate, or perform work related to Small Cell Wireless Facilities in the public right-of-way shall obtain a revocable encroachment permit prior to commencing work. Applications for a right-of-way encroachment permit shall be submitted to the Engineering Division of the Department of Public Works, after compliance with the application requirements identified in Section 20.375.006.
a. 
The obligations of an encroachment permit shall run until Applicant applies for a demolition permit to quit and cease operation. The City retains the right to inspect said facilities to ensure all conditions of the permit are met. The encroachment permit obtained pursuant to this subsection shall continue unless otherwise revoked pursuant to Section 13.04.080 of the Municipal Code. A performance review may be conducted annually consisting of annual inspections to assure the facility is properly maintained and operated. Applicant must timely provide the City with updated information including, but not limited to, changes in insurance and equipment to update the encroachment permit reflecting those changes.
3. 
Building Permit. An Applicant seeking to install, construct, or perform work related to Small Cell Wireless Facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall obtain a building permit after complying with the application and permitting requirements stated in this chapter.
4. 
Minor Use Permit. An Applicant that seeks a waiver or modification from the requirements for a Small Cell Attachment Permit as set forth in this chapter, including, but not limited to, design review and stealth facility standards, may request such a waiver or modification in writing to the Chief Planner by applying for a Minor Use Permit. If, after review of the request submitted through a Minor Use Permit application, the Chief Planner determines that the purposes of this chapter can be satisfied while granting the Applicant’s request for waiver or modification, the Chief Planner shall approve the request subject to issuance of a Minor Use Permit. Issuance of a Minor Use Permit under this subsection may include reasonable conditions to ensure purposes of this chapter are met. Issuance of a Minor Use Permit under this subsection does not relieve the Applicant of the obligation to obtain an encroachment permit or a building permit in accordance with the requirements of this section prior to commencing work.
E. 
Exempt Facilities.
1. 
Small Cell Wireless Facilities owned and operated by a governmental agency and utilized for governmental function are exempt from the permit requirements of this chapter, provided that they conform to the operational standards of Section 20.375.004 of this chapter.
2. 
The installation, placement, maintenance, or replacement of micro wireless facilities that are suspended, whether embedded or attached, on communication cables strung between utility poles in compliance with state safety codes are exempt from the permitting requirements of this chapter.
(Ord. 1546 § 2, 2017)
A. 
State or Federal Requirements. Small Cell Wireless Facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the authority to regulate Small Cell Wireless Facilities. If such standards and regulations are changed, then the operators of the Small Cell Wireless Facilities governed by this chapter shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of City permit and require removal of the small cell facility at the service provider’s expense. This section shall not be construed as a basis to deny eligible facilities request made pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
B. 
Building Codes and Safety Standards. The Applicant shall ensure the structural integrity of its Small Cell Wireless Facilities installed within the City, and shall ensure that the facilities are maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the Applicant of the facility, the Applicant shall have 15 days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of City permit and required removal of the small cell facility at the owner’s expense.
C. 
Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted Small Cell Wireless Facilities comply with FCC Standards.
D. 
Operation and Maintenance Standards. All Small Cell Wireless Facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this chapter.
1. 
Except as provided in subsection (D)(2), an Applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.
2. 
Every permitted facility shall contain a signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and promptly be provided to the City.
3. 
Each permitted facility and any ancillary equipment shall be in maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of receipt of City notice.
4. 
Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with Title 8, Chapter 8.32 entitled “Noise Regulations” of the Municipal Code, and Chapter 9 of the General Plan entitled “Noise.”
a. 
In residential areas, except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.
b. 
All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter 8.32 (“Noise Regulations”) of the South San Francisco Municipal Code.
5. 
Each facility shall install the following security measures:
a. 
An on-site emergency “kill switch” to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single “kill switch” shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.
b. 
Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards, described in Section 20.375.005, and nuisance regulations, and must not interfere with City emergency services or transmission.
6. 
Any facility located within the right-of-way shall be relocated at Applicant’s sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.
7. 
Applicant shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of Applicant’s Small Cell Wireless Facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to, the following:
a. 
Curb, gutter, sidewalk, storm drains, and pavements;
b. 
Landscaping; and
c. 
Structures, buildings, light poles and fixtures.
E. 
Electrical Metering and Structural Standards. All Small Cell Wireless Facilities shall comply with the following requirements:
1. 
All electrical power required by Small Cell Wireless Facility installation shall be metered independently from any anticipated or existing City projects or facilities.
2. 
All existing City-owned street light poles proposed for Small Cell Wireless Facility installations shall be inspected prior to an installation in accordance with the most recent City structural standards for street light poles, including, but not limited to, safety and load bearing capability for the SCWF to be installed, as approved by the City Engineer.
a. 
Applicants requesting to install a SCWF on City-owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such City standards, and that the proposed installation would not interfere or harm the structural integrity or standards of the light poles, including, but not limited to, safety and load bearing capability for the SCWF to be installed.
b. 
Pursuant to the pre-installation pole inspection as required in subsection (E)(2), and in the event that a pole fails to meet such City structural standards, and in the event that the Applicant wishes to utilize that location, the applicant shall at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the City’s structural standards including safety and load bearing capability so that the pole can safely support the proposed installation. Any existing lighting fixture shall be reinstalled on the new pole at applicant’s cost.
c. 
Pursuant to a pre-installation pole inspection as required in subsection (E)(2), and in the event that a pole fails to meet City structural standards, an Applicant may, as an alternative to replacing the existing street light pole at its own cost, request to install a proprietary pole, such that all Small Cell Wireless Facility equipment is located internally within the pole structure. Any proprietary pole installation shall be inspected prior to construction in accordance with the most recent City structural standards for the same or similar type of pole, including, but not limited to, safety and load bearing capability, and shall be suitable for the location and maintain Americans with Disabilities Act (ADA) access requirements. The Applicant will provide documentation satisfactory to the City that the pole to be installed meets all required standards with regards to safety and load bearing capabilities for the Small Cell Wireless Facility hardware to be installed. The existing lighting fixture shall be re-installed on the new pole at the Applicant’s cost.
(Ord. 1546 § 2, 2017)
A. 
General Standards. Small Cell Wireless Facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the City. Improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.
B. 
Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for Small Cell Wireless Facilities located in the public right-of-way shall be located on the pole and concealed, stealthed or incorporated into the design of the pole. If location within the stealth equipment is not feasible, the Ancillary Equipment shall be mounted on the pole in compliance with applicable building code requirements and painted to match the pole color. If the prior two locations are infeasible as determined by the City Engineer, the Ancillary Equipment shall be undergrounded. The City Engineer shall determine feasibility based on any competing infrastructure near the Small Cell Wireless Facility, or other safety, hydrological, geologic or other similar conditions that would impede undergrounding.
1. 
In the event that attachment on the pole or undergrounding is not feasible as determined by the City Engineer, the ancillary equipment and any supporting infrastructure shall be concealed in a stealth facility, which may include but are not limited to partial undergrounding, landscaping, or decorative treatment of the cabinet. Stealth facility or other concealment measures shall comply with all applicable laws, including, but not limited to, the Americans with Disabilities Act.
C. 
Pole Designs. All Small Cell Wireless Facility pole installations shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A Small Cell Wireless Facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.
D. 
Non-Reflective Materials. Small Cell Wireless Facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.
E. 
Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including, but not limited to, color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.
F. 
Security Fencing. Under no circumstances shall security fencing be permitted.
(Ord. 1546 § 2, 2017)
A. 
Compliance Required. No applications for Small Cell Wireless Facilities shall be deemed complete under this chapter unless the Applicant has submitted all required application materials and applicable fees, as provided by this section.
1. 
Batching Applications. Applicants submitting applications for more than two Small Cell Attachment Permits will be required to batch their applications in order to expedite review and action.
B. 
Application Materials. A complete application for Small Cell Attachment Permits shall include the following information:
1. 
A completed and signed application and checklist provided by the Planning Department. The application shall be signed by the Applicant or by the Applicant’s authorized agent or representative.
2. 
A sworn statement entitled “Compliance Verification” by the Applicant or by the Applicant’s authorized agent or representative, stating that the application holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or State government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.
3. 
Documentation of, or a sworn statement by the Applicant or by the Applicant’s authorized agent or representative, stating that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related Small Cell Wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.
C. 
Proof of Legal Right to Use Property. Applications for Small Cell Wireless Facilities must be accompanied by evidence satisfactory to the City demonstrating the property owner’s consent or other form of proof demonstrating Applicant’s legal right to use the property upon which proposes to attach the Small Cell Wireless Facility. Applicant must demonstrate evidence satisfactory to City for each and every proposed Small Cell Wireless Facility. Failure to demonstrate a legal right to utilize the property upon which a Small Cell Wireless Facility is attached is grounds for permit revocation.
1. 
Master License Agreements for City-Owned Structures. Applicants that have entered into a valid Master License Agreement with the City for multiple Small Cell Wireless Facility attachments upon City-owned structures shall be deemed to satisfy the requirements of this subsection C for each Small Cell Wireless Facility subject to the Master License Agreement. Applications for all site locations subject to the Master License Agreement shall be batched and processed together. Small Cell Wireless Facilities subject to the terms of a Master License Agreement shall still obtain an encroachment permit, and are subject to staff-level design review to ensure compliance with any provisions in the Master License Agreements as well as to ensure the best possible design consistent therewith.
D. 
Site Plans and Layouts. Applicants shall submit the following information with the application electronically or by hardcopy. Hardcopy submittals shall be provided in triplicate.
1. 
Map and Inventory of Proposed Sites. Applicant shall provide a map of the proposed site(s) including photographs of the City-owned light pole(s) as appropriate, where the facility(ies) is/are proposed to be located. Map shall show all land uses within 300 feet of the proposed Small Cell Wireless Facility site(s), shown on the map. Small Cell Wireless Facility sites proposed in residentially zoned and/or used areas shall include a 500-foot radius map.
2. 
Photo Simulations of Small Cell Facility and Ancillary Equipment. Applicant shall show the placement of the proposed Small Cell Wireless Facility. The simulation shall show where the Small Cell Wireless Facility is proposed to be placed, where the ancillary equipment (cables, power sources, electricity, and any other items required to operate and support the facility) is proposed to be located and how they will be finished to comply with the requirements of this chapter. The proposed location and treatment of the Small Cell Wireless Facility and any ancillary equipment shall comply with the Aesthetic Requirements in this chapter.
3. 
Drawings and Plans. Applicant shall furnish site plan, plans, and elevations drawn to scale that identify the proposed Small Cell Wireless Facility and ancillary equipment placement. Elevations shall include all structures on which facilities are proposed to be located. All proposed structures, including ancillary equipment shall be drawn to scale on the elevations, see below. Emergency signage required as identified in this chapter.
4. 
Camouflage and/or Matching Methods. Applicant shall provide both a description of methods proposed to stealth the Small Cell Wireless Facility and all ancillary equipment, and colors and materials specifications.
5. 
Identify all Ancillary Equipment. Plans shall identify any and all ancillary equipment required to support the Small Cell Wireless Facility, including, but not limited to, emergency generators, air conditioning equipment, cables, and power sources.
E. 
Fee Requirements. An application for Small Cell Wireless Facilities shall be accompanied by the following fee payments:
1. 
Right-of-Way Pole Usage Fee. Unless set forth in a Master License Agreement, and in that case, the terms of the Master License Agreement shall govern, Pole usage fee amounts shall be set by the City’s most current Master Fee Schedule as established by City Council resolution.
2. 
City Processing Fees. City application and permit processing fees shall be charged pursuant to the City’s Master Fee Schedule in effect at the time the application is filed.
(Ord. 1546 § 2, 2017)
A. 
Review and Notice. Applications submitted to the City will be promptly processed and reviewed. Applicants will be promptly notified of incomplete applications, but no later than 30 days after the application has been submitted. After an application has been deemed incomplete, in order to proceed further in the application process, Applicants shall provide such supplemental information to address the incompleteness or insufficiencies identified in the City’s notice.
1. 
Following determination of a complete application, the Applicant shall mail “Notice of Proposed Action to Approve a Small Cell Wireless Facility” to addresses within 300 feet of the proposed site(s) in all zoning districts except residential. Notices in residential districts shall include a 500-foot radius for notification. The Applicant shall also schedule a neighborhood outreach meeting involving residents and businesses within the radius area as described in this subsection within two weeks of submittal of an application. Following the meeting, the Applicant shall submit any transcripts, minutes and/or videos of the outreach meeting to the City.
2. 
Applications shall be reviewed by the City Engineer, Chief Planner, and Chief Building Official for sufficiency and compliance with this chapter. The Chief Planner shall make a preliminary determination on the Application and submit for concurrence by the City Manager or designee. Following review by City Manager or designee, the Chief Planner shall approve or deny an application in accordance with the requirements of this section.
B. 
Pre-Submittal Actions. To ensure complete submissions, Applicant(s) for Small Cell Wireless Facilities are encouraged to complete the following tasks prior to City staff conducting its application review process:
1. 
Participate in an pre-submittal meeting with City staff.
2. 
Submit a completed and signed “Application Checklist.”
3. 
Pay fees in the applicable amount identified pursuant to this chapter and discussed at the pre-application meeting.
4. 
Provide all required materials pursuant to Section 20.375.006 of this chapter.
C. 
Financial Assurances. Prior to obtaining a permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.
D. 
Permit Approval and Issuance. All Small Cell Wireless Facilities not otherwise exempt from regulation from this chapter shall be issued a Small Cell Attachment Permit, an encroachment permit and building permit by City, provided that all applicable permit, application, location, construction, operation, maintenance, repair, and design requirements as stated in this chapter have been met.
E. 
Modification of Requirements. The City Council may waive or modify requirements of this chapter upon advice of the City Attorney that denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of State or Federal law. The applicant shall have the burden of proving that the denial would result in such a violation.
(Ord. 1546 § 2, 2017)
A. 
Voluntary Cessation. Applicants intending to vacate a Small Cell Wireless Facility site shall notify the Chief Planner of this intent to vacate at least 30 days prior to the vacation.
B. 
Abandonment. A permit for a Small Cell Wireless Facility that is not operated for a continuous period of 12 months shall be deemed lapsed and the site will be considered abandoned unless:
1. 
The Chief Planner has determined that the same operator resumed operation within six months of the notice; or
2. 
The City has received an application to transfer the permit to another service provider.
C. 
Removal of Facilities and Restoration of Site. No later than 120 days from the date a Small Cell Wireless Facility is has ceased operation, or from the date of receipt of the Applicant’s notice of its intent to vacate the site, the Applicant or its authorized agent of the abandoned Small Cell Wireless Facility shall remove all equipment and improvements associated with the use, and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Chief Planner.
1. 
The Applicant or its authorized agent may use any bond or other assurances provided pursuant to the requirements of Section 20.375.007(C) (“Financial Assurances”) to fulfill the requirements of this subsection.
2. 
The owner or agent shall provide written verification of the removal of the Small Cell Wireless Facility within 30 days of the date the removal is completed.
D. 
Failure to Remove and Restore. A Small Cell Wireless Facility that is not removed and the site has not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance pursuant to Section 20.580.003 of the Municipal Code. The Chief Planner may cause the facility to be removed at the owners’ expense or by calling any bond or other financial assurance to pay for removal.
1. 
For a single structure occupied by two or more users, this subsection shall not become effective until all users cease on the structure.
2. 
The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for Small Cell Wireless Facilities.
(Ord. 1546 § 2, 2017)
Any appeals of a staff decision under this chapter may be appealed to the City Manager, or designee. An appeal shall be submitted in writing to the City Clerk. The appeal shall be accompanied by the fee specified in the City’s master fee schedule. Any appeal under this section shall be considered in a manner consistent with the Middle Class Tax Relief and Job Creation Act of 2012, related Federal Communications Commission (FCC) “shot clock” regulations, and applicable State law permit streamlining requirements.
(Ord. 1546 § 2, 2017)
Failure to comply with these standards shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of Title 20. All violations and penalties shall be enforced pursuant to the procedure set forth in Chapter 20.580 of the Municipal Code.
(Ord. 1546 § 2, 2017)