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,
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)
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)