The Norwalk City Council finds and determines that the purpose of this article is to provide a uniform and comprehensive set of standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in all zones within the City. 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 article provides standards necessary for the preservation of land uses in the City and to promote the public health, safety, community welfare, and the aesthetic quality of City of Norwalk consistent with the goals, objectives and policies of the General Plan, while at the same time provide for orderly, managed and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules and regulations.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
Unless otherwise stated, the following definitions pertain to this article and Section 17.02.295:
"Antenna"
means any system of wires, poles, rods, discs, panels, microwave dishes, whip antennas or similar devices used for the transmission or reception of electromagnetic waves, including antenna relating to personal wireless services as defined by the Federal Telecommunications Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute, when such system is used in wireless telecommunications facilities. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes.
"Building-mounted"
means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.
"Cellular"
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
"Collocated"
means the locating of wireless telecommunications equipment from more than one provider on a single wireless telecommunications facility.
"Director"
means the Director of Community Development of the City of Norwalk or designee.
"Ground-mounted"
means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.
"Monopole"
means a structure composed of a single spire, 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.
"Mounted"
means attached or supported.
"Personal communication service"
means digital low-power, high frequency commercial wireless radio telecommunications technology that has the capacity for multiple telecommunications services and the routing of calls to individuals, regardless of location.
"Reviewing authority"
means the Director of Community Development or the Planning Commission, as applicable, who has authority to review and either grant or deny a wireless telecommunications facility permit as set forth in Section 17.02.295 and this article.
"Roof-mounted"
means mounted above the eave line of a building.
"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 regulated by the California Public Utilities Commission.
"Wireless telecommunications facility" or "facility(ies)"
means any facility that transmits and/or receives electromagnetic waves, including but not limited to a facility consisting of any antenna, monopole, or other types of equipment for the transmission or receipt of such signals, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio telecommunications. A wireless telecommunications facility also includes 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.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
A. 
No wireless telecommunications facility shall be located within the City of Norwalk on any property, including a public right-of-way, unless a wireless telecommunications facility permit as provided for in Section 17.02.295 and this article has been approved by the reviewing authority.
B. 
A wireless telecommunications facility, a tower or other wireless telecommunication support structure built on speculation and for which there is no wireless tenant is prohibited within the City.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
A. 
Preferred Locations. Wireless telecommunications facilities are encouraged to locate on existing buildings and structures and in the following order of preference:
1. 
Collocation with existing facilities located in non-residential zones.
2. 
Manufacturing zones.
3. 
Commercial zones.
4. 
Other nonresidential zones, except open space zones.
5. 
On existing signal, power, light or similar kinds of poles in nonresidential zones.
6. 
Public property (i.e., city facilities) not in residential zones.
7. 
Public and private installations on water tanks, existing communication towers and other similar uses.
8. 
Public rights-of-way adjacent to manufacturing and commercial zones.
9. 
Parks and community facilities (i.e., places of worship, community centers) in residential zones or areas.
B. 
Discouraged Locations. Wireless telecommunications facilities shall not locate in any of the following zones or areas unless the applicant demonstrates that there is no feasible alternative location to close a significant gap in coverage and that the proposed site is the least intrusive means of doing so:
1. 
Open space zones and lots.
2. 
Residential zones or areas.
3. 
Public rights-of-way located within or adjacent to a residential zone.
C. 
Wireless telecommunication facilities are prohibited on property zoned for residential use and improved with a dwelling, specific plan areas as set forth in Chapter 17.09 and planned unit development zones as set forth in Chapter 17.10 unless the specific plan area or planned unit development zone specifically allows or is amended to allow wireless telecommunications facilities.
D. 
Accessory Wireless Equipment. In order of preference, accessory wireless equipment for facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the reviewing authority finds that another location is preferable under the circumstances of the application.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
A. 
Notwithstanding any other provision of this article, the collocation of a new wireless telecommunications facility on an existing wireless telecommunications facility that: (1) was approved after January 1, 2007 by discretionary permit; (2) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (3) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless telecommunications collocation facilities, shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by the Zoning Regulations and/or the Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless telecommunications facility.
B. 
The proposed collocation of a new wireless telecommunications facility on an existing wireless telecommunications facility that meets all of the requirements stated in subsection A above, may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless telecommunications collocation facility.
C. 
Unless otherwise approved in writing by the Director and except as provided in this section, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this article.
D. 
Except as otherwise provided above, approval of a wireless telecommunications facility permit shall be required when the proposed collocation facility:
1. 
Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications facility; or
2. 
Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or
3. 
Collocates on an existing legally permitted wireless telecommunications facility that was approved on or prior to January 1, 2007; or
4. 
Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, such as the size of the additional, proposed facility, and the potential visual or other impact of other proposed facility.
E. 
Any collocated installation shall use screening methods similar to those used on the existing wireless telecommunications facilities. Use of other appropriate screening methods may be considered.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
A. 
Every permittee of a wireless telecommunications facility in the public right-of-way or person on a shared permit shall defend, indemnify, and hold harmless the City of Norwalk, its City Council, officers, and employees to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of the applicant's facility subject to this article.
B. 
The permittee shall obtain, pay for and maintain, in full force and effect through the term of the permit, an insurance policy or policies that fully protects the City from claims and suits for bodily injury and property damage. The insurance must be issued by an insurance company satisfactory to the City Attorney or Risk Manager, and must be in the amount or amounts, which the City Attorney or Risk Manager determines. The insurance must afford coverage for the permittee or 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 a building permit, the applicant 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.
C. 
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, 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 and/or maintenance of a wireless telecommunications facility in the public right-of-way. In the event the permittee fails to complete said repair within the number of days stated on a written notice by the Director, the Director shall cause said repair to be completed and shall invoice the permittee for all costs incurred by City as a result of such repair.
D. 
The permittee shall modify, remove, or relocate its wireless telecommunications facility, or portion thereof, without cost or expense to City, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground 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. Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
Unless the applicant demonstrates that compliance with this section is not reasonably feasible without depriving applicant of its rights under State and/or Federal law, all wireless telecommunications facilities (except collocated facilities as set forth in Section 17.04.280) shall be planned, designed, located, erected in accordance with the following:
A. 
Standards for Building, Structure and Façade Mounted Installations.
1. 
If antenna panels are mounted on the exterior of the building or structure, they shall be painted or otherwise coated to match the predominant color of the building or structure.
2. 
If required by reviewing authority, antenna panels shall be located and arranged on the building or structure so as to replicate the installation and appearance of the equipment already mounted to the building or structure.
3. 
Roof-mounted antennas shall be located and designed in an area of the roof where the visual impact is minimized and shall be no taller than necessary to meet the operator's service requirements. Where roof-mounted antennas are readily visible, confirmation of necessary height for service requirements shall be based on independent analysis by a licensed radio engineer approved by the City if required by the Director.
4. 
Façade-mounted antenna shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas may be required to be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Any newly-created architectural features must be located, proportioned and designed to be properly integrated into the building design. The antennas and/or equipment, not including any required screening, shall not project more than 18 inches from the face of the building or other support structure and no cable or antenna mounting brackets or any other associated equipment or wires shall be visible above, below, or to the side of the antennas. The reviewing authority may consider a projection of more than 18 inches if the projection is architecturally integrated with the design of the building or structure or if it otherwise designed to minimize its visibility.
B. 
Standards for Monopole Installations.
1. 
Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.
2. 
All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used.
3. 
Monopoles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless telecommunications facility. The applicant shall provide documentation satisfactory to the Director establishing compliance with this subsection.
4. 
All monopoles shall be designed to be the minimum functional height and width required to support the proposed antenna installation.
5. 
If a faux tree is proposed for the monopole installation (i.e., monopine, monopalm, etc.), it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.
C. 
Standards for Ground Mounted Installations. Ground-mounted wireless telecommunications facilities shall be located in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.
D. 
Standards for Accessory Wireless Equipment. All accessory wireless equipment associated with the operation of any wireless telecommunications facilities shall be screened in a manner that is designed and located to minimize their visibility to the greatest extent possible utilizing the following screening methods for the type of installation:
1. 
Accessory wireless equipment for building mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for roof mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.
2. 
Accessory wireless equipment for freestanding facilities, not mounted on a building, shall be visually screened by locating the equipment within a nearby building or in an underground vault. For above ground installations not within a building, screening shall consist of walls, landscaping, or walls combined with landscaping to effectively screen the facility at the time of installation. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.
E. 
General Development Standards for All Facilities.
1. 
The applicant shall employ screening and camouflage design techniques, considering technological requirements, in the placement of wireless telecommunications facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area and to hide the facility from predominant views from surrounding properties all in a manner that achieves compatibility with the community. 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 building or structure in terms of color, size, proportion, style, and quality.
2. 
Wireless telecommunications facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. In addition, the facility shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
3. 
The applicant shall use the least visible antennas possible to accomplish the coverage objectives.
4. 
Antennas and facilities shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
5. 
Wireless telecommunications facilities shall be designed and located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening to minimize the visual impact and be compatible with existing architectural elements, building materials and other site characteristics.
6. 
No signs, striping, graphics or advertising are permitted on a wireless telecommunications facilities except if warning and/or safety signage is required by State or Federal law or by the reviewing authority. In such case, the surface area shall be no more than three square feet per sign. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than two unless a greater number is approved by the reviewing authority.
7. 
Unless otherwise approved by the reviewing authority, exterior lighting of the area where the facility is located is prohibited. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles. In all circumstances, exterior lighting shall be of a type and design to avoid glare and minimize illumination on adjacent properties and shall be at an intensity so to provide the minimum lighting required for proper operation and maintenance of the wireless telecommunications facility and the accessory wireless equipment.
8. 
Wireless telecommunications facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The reviewing authority 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, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review by the reviewing authority.
9. 
Where appropriate and directly related to the applicant's placement, construction, or modification of wireless telecommunications facilities, the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening as required by the reviewing authority. Additional landscaping shall be planted as needed to minimize the visual impact of the facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The reviewing authority shall determine the appropriate minimum size of new trees and shrubs.
10. 
Above ground and partially buried accessory wireless equipment, including support pads, cabinets, shelters, and buildings, shall be located where they will be the least visible from surrounding properties and the roadway and shall be designed to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other techniques to minimize their visual impact. If the reviewing authority determines that the accessory wireless equipment is not or cannot be adequately screened from surrounding properties or from public view or architecturally treated to blend in with the environment, the accessory wireless equipment shall be placed underground or inside the existing building where the antenna is located unless the reviewing authority finds that such placement is not feasible or consistent with the objectives of this article.
11. 
At the time of modification or upgrade of wireless telecommunications facilities, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual and noise impacts as feasible.
12. 
Proposed wireless telecommunications facilities shall not reduce the number of available parking spaces below the amount required pursuant to the Zoning Regulations.
F. 
Standards for Facilities in the Public Right-of-Way.
1. 
If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible. If the replacement pole exceeds the height of the existing pole, the antenna(s) shall be mounted to the sides of the pole and shall not extend above the top of the replacement pole.
2. 
The antennas shall not extent over five feet beyond the top of the pole.
3. 
Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. The electrical equipment box shall be placed underground.
G. 
Height Criteria. A wireless telecommunications facility shall not exceed 45 feet if located on the public right-of-way or within residential zones. In non-residential zones, the wireless telecommunications facility shall not exceed 60 feet. A wireless telecommunications facility may exceed the height limitation herein if the facility is placed or integrated within or on an existing building or structure that exceeds the height criteria if approved by the reviewing authority.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
All wireless telecommunications facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of this article and subject to enforcement provisions herein.
A. 
Each owner or operator of a wireless telecommunications facility shall provide the Director with the name and 24 hour local or toll free contact phone number of both the permittee and the agent responsible for the maintenance of the wireless telecommunications facility. Contact information shall be kept current.
B. 
Wireless telecommunications facilities, accessory wireless equipment, including lighting, fences, shields, cabinets, and poles and facility site, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be promptly repaired 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 24 hours from the time of notification by the City.
C. 
The owner or operator of a wireless telecommunications facility shall be responsible for maintaining landscaping at all times in accordance with the approved landscape plan and for promptly replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan as it relates to landscaping for the location on where the facility is located. Amendments or modifications to the landscape plan must be submitted to the Director for approval.
D. 
Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents. 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 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the reviewing authority. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this Code. Backup generators, if permitted, shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in this Code regarding noise limits.
E. 
Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible.
F. 
If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.
G. 
Public access to a wireless telecommunications facility shall be restricted. Security measures shall include fencing, screening, and security signage, as deemed appropriate by the reviewing authority.
H. 
At all times, the permittee shall ensure that its wireless telecommunications facility complies with the most current regulatory and operational standards including but not limited to radio frequency emissions standards adopted by the Federal Communications Commission ("FCC") and antenna height standards adopted by the Federal Aviation Administration. If the Director determines there is good cause to believe that a wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the Director may require post-installation testing, at permittee's expense, to determine whether to require further mitigation of radio frequency emissions or the Director may require the permittee to submit written certification that the facility is in compliance with such FCC standards.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
A. 
A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 30 or more consecutive days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City and shall within 30 days of the date of abandonment. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of any discontinuation of operations of 30 days or more.
B. 
If the facility is not removed, the Director may cause the facility to be removed at the owner's expense. If there are two or more users of a single wireless telecommunications facility, then this provision shall not become effective until all users cease using the facility.
C. 
Failure to inform the Director of cessation of operations of any existing facility shall constitute a violation of the site plan approval and be grounds for:
1. 
Prosecution;
2. 
Revocation or modification of the wireless telecommunications facility permit;
3. 
Calling of any bond or other assurance required by this article or conditions of approval of permit; and/or
4. 
Removal of the facilities.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
Upon assignment or transfer of an already approved wireless telecommunications facility or any rights under that permit, the owner and/or current operator of the facility shall within 30 days of such assignment or transfer provide written notification to the Director of the date of the transfer and the identity of the transferee. The Director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a State-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Telecommunications Commission and the California Public Utilities Commission. If the Director determines that the proposed operation is not consistent with the existing permit, the Director shall notify the applicant who may revise the application or apply for modification of the permit pursuant to the requirements of this article.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
No person shall install, use or maintain any wireless telecommunications facility which in whole or in part rests upon, in or over any public sidewalk or parkway, 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 telecommunications facility unreasonably interferes with or 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. 10-1632 § 2; Ord. 21-1722 § 2)