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: (1) for the
preservation of the public right-of-way ("PROW") in the city for the
maximum benefit and use of the public; (2) to promote and protect
public health and safety, community welfare, visual resources and
the aesthetic quality of the city consistent with the goals, objectives
and policies of the general plan; and (3) to provide for the orderly,
managed and efficient development of wireless telecommunications facilities
in accordance with the state and federal laws, rules and regulations,
including those regulations of the Federal Communications Commission
("FCC") and California Public Utilities Commission ("CPUC"); and (4)
to ensure that the use and enjoyment of the PROW is not inconvenienced
by the use of the PROW for the placement of wireless facilities. The
city recognizes the importance of wireless facilities to provide high-quality
communications service to the residents and businesses within the
city, and the city also recognizes its obligation to comply with applicable
federal and state laws. This chapter shall be constructed and applied
in consistency with the provisions of state and federal laws, and
the rules and regulations of FCC and CPUC. In the event of any inconsistency
between any such laws, rules and regulations and this chapter, the
laws, rules and regulations shall control.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
"Accessory equipment"
means any and all on-site equipment, including, without limitation,
back-up generators and power supply units, cabinets, coaxial and fiber
optic cables, connections, equipment buildings, shelters, radio transceivers,
transmitters, pedestals, splice boxes, fencing and shielding, surface
location markers, meters, regular power supply units, fans, air conditioning
units, cables and wiring, to which an antenna is attached in order
to facilitate the provision of wireless telecommunication services.
"Antenna"
means that specific device for transmitting and/or receiving
radio frequency or other signals for purposes of wireless telecommunications
services. "Antenna" is specific to the antenna portion of a wireless
telecommunications facility.
"Antenna array"
shall mean two or more antennas having active elements extending
in one or more directions, and directional antennas mounted upon and
rotated through a vertical mast or tower interconnecting the beam
and antenna support, all of which elements are deemed to be part of
the antenna.
"Base station"
shall have the meaning as set forth in Title 47 Code of Federal
Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision.
This means a structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network (regardless of the technological configuration,
and encompassing DAS and small cells). "Base station" does not encompass
a tower or any equipment associated with a tower. Base station includes,
without limitation:
(1)
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
(2)
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including distributed antenna systems
and small cells).
(3)
Any structure other than a tower that, at the time the relevant
application is filed with the city under this chapter, supports or
houses equipment described in paragraphs (1) and (2) of this definition
that has been reviewed and approved under the applicable zoning or
siting process, or under another state or local regulatory review
process, even if the structure was not built for the sole or primary
purpose of providing that support.
(4)
"Base station" does not include any structure that, at the time
the relevant application is filed under this chapter, does not support
or house equipment described in paragraphs (1) and (2) of this definition.
Other structures that do not host wireless telecommunications facilities
are not "base stations."
As an illustration and not a limitation, the FCC's definition
of "base station" refers to any structure that actually supports wireless
equipment even though it was not originally intended for that purpose.
Examples include, but are not limited to, wireless facilities mounted
on buildings, utility poles, light standards or traffic signals. A
structure without wireless equipment replaced with a new structure
designed to bear the additional weight from wireless equipment constitutes
a base station.
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"Cellular"
means an analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
"City"
means the city of Glendora.
"Code"
means the Glendora Municipal Code.
"Collocation"
bears the following meanings:
(1)
For the purposes of any eligible facilities request, the same
as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be
amended, which defines that term as "[t]he mounting or installation
of transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for
communications purposes." As an illustration and not a limitation,
the FCC's definition means to add transmission equipment to an existing
facility and does not necessarily refer to two or more different facility
operators in the same location; and
(2)
For all other purposes, the same as defined in 47 CFR 1.6002(g)(1)
and (2), as may be amended, which defines that term as: (a) Mounting
or installing an antenna facility on a pre-existing structure; and/or
(b) Modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
"Collocation facility"
means the eligible support structure on, or immediately adjacent
to, which a collocation is proposed, or a wireless telecommunications
facility that includes collocation facilities. (See,
Gov. Code, Section
65850.6(d).)
"COW"
means a "cell on wheels," which is a portable, self-contained
wireless telecommunications facility that can be moved to a location
and set up to provide wireless telecommunication services, which facility
is temporarily rolled in, or temporarily installed, at a location.
Under this chapter, the maximum time a facility can be installed to
be considered a COW is five days. A COW is normally vehicle-mounted
and contains a telescoping boom as the antenna support structure.
"Distributed antenna system" or "DAS"
means a network of spatially separated antennas (nodes) connected
to a common source (a hub) via a transport medium (often fiber optics)
that provide wireless telecommunications service within a specific
geographic area or building. DAS includes the transport medium, the
hub, and any other equipment to which the DAS network or its antennas
or nodes are connected to provide wireless telecommunication services.
"Eligible facilities request"
means any request for modification to an existing eligible
support structure that does not substantially change the physical
dimensions of such structure, involving:
(1)
Collocation of new transmission equipment;
(2)
Removal of transmission equipment;
(3)
Replacement of transmission equipment (replacement does not
include completely replacing the underlying support structure); or
(4)
Hardening through structural enhancement where such hardening
is necessary to accomplish the eligible facilities request, but does
not include replacement of the underlying support structure.
"Eligible facilities request"
does not include modifications or replacements when an eligible
support structure was constructed or deployed without proper local
review, was not required to undergo local review, or involves equipment
that was not properly approved. "Eligible facilities request" does
include collocation facilities satisfying all the requirements for
a non-discretionary collocation facility pursuant to
Government Code
Section 65850.6.
"Eligible support structure"
means any support structure located in the PROW that is existing
at the time the relevant application is filed with the city under
this chapter.
"Existing"
means a support structure, wireless telecommunications facility,
or accessory equipment that has been reviewed and approved under the
city's applicable zoning or siting process, or under another applicable
state or local regulatory review process, and lawfully constructed
prior to the time the relevant application is filed under this chapter.
However, a support structure, wireless telecommunications facility,
or accessory equipment that has not been reviewed and approved because
it was not in a zoned area when it was built, but was lawfully constructed,
is "existing" for purposes of this chapter. "Existing" does not apply
to any structure that: (1) was illegally constructed without all proper
local agency approvals; or (2) was constructed in noncompliance with
such approvals. "Existing" does not apply where an existing support
structure is proposed to be replaced in furtherance of the proposed
wireless telecommunications facility.
"FCC"
means the Federal Communications Commission.
"FCC shot clock"
means the presumptively reasonable time frame within which
the city generally must act on a given wireless application, as defined
by the FCC and as may be amended from time to time.
"Ground-mounted"
means mounted to a pole, tower or other freestanding structure
which is specifically constructed for the purpose of supporting an
antenna or wireless telecommunications facility and placed directly
on the ground at grade level.
"Lattice tower"
means an open framework structure used to support one or
more antennas, typically with three or four support legs.
"Modification"
means a change to an existing wireless telecommunications
facility that involves any of the following: collocation, expansion,
alteration, enlargement, intensification, reduction, or augmentation,
including, but not limited to, changes in size, shape, color, visual
design, or exterior material. "Modification" does not include repair,
replacement or maintenance if those actions do not involve whatsoever
any expansion, alteration, enlargement, intensification, reduction,
or augmentation of an existing wireless telecommunications facility.
"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).
"OTARD antennas"
means antennas covered by the "over-the-air reception devices"
rule in 47 C.F.R. Sections 1.4000 et seq. as may be amended or replaced
from time to time.
"Permittee"
means any person or entity granted a WTFP pursuant to this
chapter.
"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" or "PROW"
means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage
of people and goods. The PROW includes, but is not necessarily limited
to, streets, curbs, gutters, sidewalks, roadway medians, and parking
strips. The PROW does not include lands owned, controlled or operated
by the city for uses unrelated to streets or the passage of people
and goods, such as, without limitation, parks, city hall and community
center lands, city yards, and lands supporting reservoirs, water towers,
police or fire facilities and non-publicly accessible utilities.
"Replacement"
refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where
the replacement structure will be of like-for-like kind to resemble
the appearance and dimensions of the structure or equipment replaced,
including size, height, color, landscaping, materials and style.
(1)
In the context of determining whether an application qualifies
as an eligible facilities request, the term "replacement" relates
only to the replacement of transmission equipment and does not include
replacing the support structure on which the equipment is located.
(2)
In the context of determining whether a SWF application qualifies
as being placed upon a new eligible support structure or qualifies
as a collocation, an application proposing the "replacement" of the
underlying support structure qualifies as a new pole proposal.
"RF"
means radio frequency.
"Small cell"
means a low-powered antenna (node) that has a range of ten
meters to two kilometers. The nodes of a "small cell" may or may not
be connected by fiber. "Small," for purposes of "small cell," refers
to the area covered, not the size of the facility. "Small cell" includes,
but is not limited to, devices generally known as microcells, picocells
and femtocells.
"Spectrum Act"
means Section 6409(a) of the Middle Class Tax Relief Act
and Job Creation Act of 2012, 47 U.S.C. Section 1455(a).
"Substantial change"
has the same meaning as "substantial change" as defined by
the FCC at 47 C.F.R. 1.40001(b)(7). Notwithstanding the definition
above, if an existing pole-mounted cabinet is proposed to be replaced
with an underground cabinet at a facility where there are no pre-existing
ground cabinets associated with the structure, such modification may
be deemed a non-substantial change, in the discretion of the public
works director and based upon his or her reasonable consideration
of the cabinet's proximity to residential view sheds, interference
to public views and/or degradation of concealment elements. If undergrounding
the cabinet is technologically infeasible such that it is materially
inhibitive to the project, the public works director may allow for
a ground mounted cabinet. A modification or collocation results in
a "substantial change" to the physical dimensions of an eligible support
structure if it does any of the following:
(1)
It increases the height of the structure by more than ten percent
or more than ten feet, whichever is greater;
(2)
It involves adding an appurtenance to the body of the structure
that would protrude from the edge of the structure by more than six
feet;
(3)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets. However, for towers and base stations located in the
public rights-of-way, it involves installation of any new equipment
cabinets on the ground if there are no pre-existing ground cabinets
associated with the structure, or else involves installation of ground
cabinets that are more than ten percent larger in height or overall
volume than any other ground cabinets associated with the structure;
(4)
It entails any excavation or deployment outside the current
site. For purposes of this subsection, excavation outside the current
site occurs where excavation more than twelve feet from the eligible
support structure is proposed;
(5)
It defeats the concealment or stealthing elements of the eligible
support structure; or
(6)
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure; provided, however, that this limitation does not apply
to any modification that is non-compliant only in a manner that would
not exceed the thresholds identified in paragraphs (1) through (4)
of this definition.
(7)
For all proposed collocations and modifications, a substantial
change occurs when:
(A)
The proposed collocation or modification involves more than
the standard number of new equipment cabinets for the technology involved,
but not to exceed four equipment cabinets;
(B)
The proposed collocation or modification would defeat the concealment
elements of the support structure; or
(C)
The proposed collocation or modification violates a prior condition
of approval; provided, however, that the collocation need not comply
with any prior condition of approval that is inconsistent with the
thresholds for a substantial change described in this section.
The thresholds and conditions for a "substantial change" described
in this section are disjunctive such that the violation of any individual
threshold or condition results in a substantial change. The height
and width thresholds for a substantial change described in this section
are cumulative for each individual support structure. The cumulative
limit is measured from the physical dimensions of the original structure
for base stations, and for all other facilities sites in the PROW
from the smallest physical dimensions that existed on or after February
22, 2012, inclusive of originally approved-appurtenances and any modifications
that were approved prior to that date.
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"Support structure"
means a tower, pole, base station or other structure used
to support a wireless telecommunications facility.
"SWF"
means a "small wireless facility" as defined by the FCC in
47 C.F.R. 1.6002(l) as may be amended, which are personal wireless
services facilities that meet all the following conditions that, solely
for convenience, have been set forth below:
(1)
The facility(ies):
(A)
Is mounted on an existing or proposed structure fifty feet or
less in height, including antennas, as defined in Title 47 C.F.R.
Section 1.1320(d); or
(B)
Is mounted on an existing or proposed structure no more than
ten percent taller than other adjacent structures, or
(C)
Does not extend an existing structure on which it is located
to a height of more than fifty feet or by more than ten percent, whichever
is greater;
(2)
Each antenna associated with the deployment, excluding associated
antenna equipment (as defined in the definition of antenna in 47 C.F.R.
Section 1.1320(d)), is no more than three cubic feet in volume;
(3)
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
twenty-eight cubic feet in volume;
(4)
The facility does not require antenna structure registration
under 47 C.F.R. Part 17;
(5)
The facility is not located on Tribal lands, as defined under
Title 36 C.F.R. Section 800.16(x); and
(6)
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
Title 47 C.F.R. Section 1.1307(b).
"SWF Regulations"
means those regulations adopted by the city council as policy
for implementing the provisions of this chapter applicable to SWFs
and further regulations and standards applicable to SWFs.
"Telecommunications tower" or "tower"
bears the meaning ascribed to wireless towers by the FCC
in 47 C.F.R. Section 1.40001(b)(9), including, without limitation,
a freestanding mast, pole, monopole, guyed tower, lattice tower, free
standing tower or other structure designed and 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. This definition does not include utility
poles.
"Transmission equipment"
means equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with 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.
"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. A telecommunications tower is not a utility
pole.
"Wireless telecommunications facility"
means equipment and network components such as antennas,
accessory equipment, support structures, and emergency power systems
that are integral to providing wireless telecommunications services.
Exceptions: 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)
Mobile services providing public information coverage of news
events of a temporary nature.
(4)
Any wireless telecommunications facilities exempted from this
code by federal law or state law.
"Wireless telecommunications services"
means the provision of services using a wireless telecommunications
facility or a collocation 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.
"WTFP"
means a "wireless telecommunications facility permit" required
by this chapter, which may be categorized as either a Major WTFP or
an Administrative WTFP.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) This chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way as follows. Wireless telecommunications facilities located in the PROW shall be governed by this Chapter
13.20 rather than the city's zoning code.
(b) Pre-Existing Facilities in the ROW. Nothing in this chapter shall
validate any existing illegal or unpermitted wireless facilities.
All existing wireless facilities shall comply with and receive a wireless
encroachment permit, when applicable, to be considered legal and conforming.
(c) This chapter does not apply to the following:
(1) Amateur radio facilities;
(3) Facilities owned and operated by the city for its use or for public
safety purposes;
(4) Any entity legally entitled to an exemption pursuant to state or
federal law or governing franchise agreement, excepting that to the
extent such the terms of state or federal law, or franchise agreement,
are preemptive of the terms of this chapter, then the terms of this
chapter shall be severable to the extent of such preemption and all
remaining regulations shall remain in full force and effect.
(5) Installation of a COW or a similar structure for a temporary period
in connection with an emergency or event at the discretion of the
public works director, but no longer than required for the emergency
or event; provided that installation does not involve excavation,
movement, or removal of existing facilities.
(d) Public Use. Except as otherwise provided by state or federal law,
any use of the PROW authorized pursuant to this chapter will be subordinate
to the city's use and use by the public.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Administration. Unless a matter is referred to the planning director
as provided below, the public works director is responsible for administering
this chapter. As part of the administration of this chapter, the public
works director may:
(1) Interpret the provisions of this chapter;
(2) Develop and implement standards governing the placement and modification
of wireless telecommunications facilities consistent with the requirements
of this chapter, including regulations governing collocation and resolution
of conflicting applications for placement of wireless facilities;
(3) Develop and implement acceptable design, location and development
standards for wireless telecommunications facilities in the PROW,
taking into account the zoning districts bounding the PROW;
(4) Develop forms and procedures for submission of applications for placement
or modification of wireless facilities, and proposed changes to any
support structure consistent with this chapter;
(5) Collect, as a condition of the completeness of any application, any
fee established by this chapter;
(6) Establish deadlines for submission of information related to an application,
and extend or shorten deadlines where appropriate and consistent with
federal laws and regulations;
(7) Issue any notices of incompleteness, requests for information, or
conduct or commission such studies as may be required to determine
whether a permit should be issued;
(8) Require, as part of, and as a condition of completeness of any application,
that an applicant for a wireless encroachment permit send notice to
members of the public that may be affected by the placement or modification
of the wireless facility and proposed changes to any support structure;
(9) Subject to appeal as provided herein, determine whether to approve,
approve subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications
for placement of wireless telecommunications facilities, including
issuing written decisions and entering into agreements to mutually
extend the time for action on an application.
(b) Administrative Wireless Telecommunications Facilities Permits ("Administrative
WTFP").
(1) An Administrative WTFP, subject to the public works director's approval,
may be issued for wireless telecommunications facilities, collocations,
modifications or replacements to an eligible support structure that
meet the following criteria:
(A) The proposal is determined to be for an SWF; or
(B) The proposal is determined to be an eligible facilities request;
or
(2) In the event that the public works director determines that any application
submitted for an Administrative WTFP does not meet the administrative
permit criteria of this chapter, the public works director shall convert
the application to a Major WTFP and refer it to the planning director
for planning commission hearing.
(3) Except in the case of an eligible facilities request, the public
works director may refer, in his or her discretion, any application
for an Administrative WTFP to the planning director, who shall have
discretion to further refer the application to planning commission
for hearing. If the planning director determines not to present the
Administrative WTFP application to the planning commission for hearing,
the application shall be relegated back to the public works director
for processing. This exercise of discretion shall not apply to an
eligible facilities request.
(c) Major Wireless Telecommunications Facilities Permit ("Major WTFP").
All other new wireless telecommunications facilities or replacements,
collocations, or modifications to a wireless telecommunications facility
that are not qualified for an Administrative WTFP
shall require a Major WTFP subject to planning commission hearing
and approval unless otherwise provided for in this chapter.
(d) Special Provisions for SWFs; SWF Regulations. Notwithstanding any
other provision of this chapter as provided herein, all SWFs are subject
to a permit as specified in the SWF Regulations, which is adopted
and may be amended by city council resolution. All SWFs, shall comply
with the SWF Regulations, as they may be amended from time to time.
The SWF Regulations are intended to be constructed in consistency
with, and addition to, the terms and provisions of this chapter. To
the extent general provisions of this chapter are lawfully applicable
to SWFs, such terms shall apply unless in contradiction to more specific
terms set forth in the SWF Regulations, in which case the more specific
terms of the SWF Regulations shall control.
(e) Other Permits Required. In addition to any permit that may be required
under this chapter, the applicant must obtain all other required prior
permits or other approvals from other city departments, or state or
federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits
or other approvals from other city departments, state or federal agencies.
Building and encroachment permits, and all city standards and requirements
therefor, are applicable.
(f) Eligible Applicants. Only applicants who have been granted the right
to enter the PROW pursuant to state or federal law, or who have entered
into a franchise agreement with the city permitting them to use the
PROW, shall be eligible for a WTFP pursuant to this chapter.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Generally. Unless the SWF Regulations specifically provide otherwise,
the applicant shall submit a paper copy and an electronic copy of
any application, amendments, or supplements to a WTFP application,
or responses to requests for information regarding a WTFP, in accordance
with the provisions of this section. SWF applications shall be governed
by any additional terms set forth in the SWF Regulations, and in the
event of an inconsistency between the provisions of this section and
the terms of the SWF Regulations, the SWF Regulations shall control.
(1) All applications for WTFPs shall be initially submitted to the public
works director. In addition to the information required of an applicant
for an encroachment permit or any other permit required by this code,
each applicant shall fully and completely submit to the city a written
application on a form prepared by the public works director and published
on the city's website.
(2) Application Pre-Submittal Appointment.
(A) Administrative WTFP: The city does not require pre-submittal appointments
for the submission of Administrative WTFPs. However, the city strongly
encourages applicants to schedule and attend a presubmittal conference
with the approval authority for all proposed SWF projects, and particularly
those that involve more than five SWFs.
(B) Major WTFP: Applications must be submitted to the public works director
at a pre-scheduled application submission appointment. A Major WTFP
application will only be reviewed upon submission of a complete application
therefor.
(C) Pre-submittal conferences do not cause the FCC shot clock to begin
and are intended to streamline the review process through informal
discussion that includes, without limitation, any latent issues in
connection with the proposed project, including compliance with generally
applicable rules for public health and safety; potential concealment
issues or concerns (if applicable); coordination with other city departments
responsible for application review; and application completeness issues.
To mitigate unnecessary delays due to application incompleteness,
applicants are encouraged (but not required) to bring any draft applications
or other materials so that city staff may provide informal feedback
and guidance about whether such applications or other materials may
be incomplete or unacceptable. Any request for a pre-submittal conference
shall be in writing and shall confirm that any drafts to be provided
the city at the pre-submittal conference will not be deemed as "submissions"
triggering the start of any FCC shot clock.
(D) The approval authority shall use reasonable efforts to provide the
applicant with a pre-submittal appointment within five working days
after receiving the written request therefor, and any applicable fee
or deposit to reimburse the city for its reasonable costs to provide
the services rendered in the presubmittal conference.
(3) If the wireless telecommunications facility will also require the
installation of fiber, cable or coaxial cable, such cable installations
shall be included within the application form and processed in conjunction
with the proposal for vertical support structure(s). Applicants shall
simultaneously request fiber installation or other cable installation
when seeking to install antennas in the PROW. Standalone applications
for the installation of fiber, cable or coaxial cable, or accessory
equipment designed to serve an antenna must include all features of
the wireless telecommunications facility proposed.
(b) Application Contents—Administrative WTFPs. The content of the
application form for facilities subject to an Administrative WTFP
shall be determined by the public works director, but at a minimum
shall include the following:
(1) The name of the applicant, its telephone number and contact information,
and if the applicant is a wireless infrastructure provider, the name
and contact information for the wireless service provider that will
be using the wireless facility.
(2) The name of the owner of the structure, if different from the applicant,
and a signed and notarized owner's authorization for use of the structure.
(3) A complete description of the proposed wireless telecommunications
facility and any and all work that will be required to install or
modify it, including, but not limited to, detail regarding proposed
excavations, if any; detailed site plans showing the location of the
wireless telecommunications facility, and dimensioned drawings with
specifications for each element of the wireless facility, clearly
describing the site and all structures and facilities at the site
before and after installation or modification; and a dimensioned map
identifying and describing the distance to the nearest residential
dwelling unit and any historical structure within five hundred feet
of the facility. Before and after three-hundred-sixty-degree photo
simulations must be provided.
(4) Documentation sufficient to show that the proposed facility will
comply with generally-applicable health and safety provisions of the
municipal code and the FCC's radio frequency emissions standards.
(5) A copy of the lease or other agreement, if any, between the applicant
and the owner of the property to which the proposed facility will
be attached.
(6) If the application is for an SWF, the application shall state as
such and shall explain why the proposed facility meets the definition
of an SWF.
(7) If the application is for an eligible facilities request, the application
shall state as such and must contain information sufficient to show
that the application qualifies as an eligible facilities request,
which information must demonstrate that the eligible support structure
was not constructed or deployed without proper local review, was not
required to undergo local review, or involves equipment that was not
properly approved. This shall include copies of all applicable local
permits in-effect and as-built drawings of the current site. Before
and after three-hundred-sixty-degree photo simulations must be provided,
as well as documentation sufficient to show that the proposed facility
will comply with generally-applicable health and safety provisions
of the municipal code and the FCC's radio frequency emissions standards.
(8) For SWFs, the application must contain all additional application
information, if any, required by the SWF Regulations.
(9) If the applicant contends that denial of the application would prohibit
or effectively prohibit the provision of service in violation of federal
law, or otherwise violate applicable law, the application must provide
all information on which the applicant relies on in support of that
claim. Applicants are not permitted to supplement this showing if
doing so would prevent the city from complying with any deadline for
action on an application.
(c) Application Contents—Major WTFPs. The public works director
shall develop an application form and make it available to applicants
upon request and post the application form on the city's website.
The application form for a Major WTFP shall require the following
information, in addition to all other information determined necessary
by the public works director:
(1) The name, address and telephone number of the applicant, owner and
the operator of the proposed wireless telecommunication facility.
(2) If the applicant does not, or will not, own the support structure,
the applicant shall provide a duly-executed letter of authorization
from the owner of the structure. If the owner of the support structure
is the applicant, but such owner/applicant will not directly provide
wireless telecommunications services, the owner/applicant shall provide
a duly-executed letter of authorization from the person(s) or entity(ies)
that will provide those services.
(3) A full written description of the proposed wireless telecommunications
facility and its purpose.
(4) Detailed engineering plans of the proposed wireless telecommunications
facility and related report prepared by a professional engineer registered
in the state documenting the following:
(A) Height/elevation, diameter, layout and design of the facility, including
technical engineering specifications, economic and other pertinent
factors governing selection of the proposed design, together with
evidence that demonstrates that the proposed facility has been designed
to be the least intrusive equipment within the particular technology
available to the carrier for deployment.
(B) A photograph and model name and number of each piece of the facility
or proposed antenna array and accessory equipment included.
(C) Power output and operating frequency for the proposed antenna array
(including any antennas existing as of the date of the application
serving the carrier identified in the application).
(D) Total anticipated capacity of the wireless telecommunications facility
for the subject carrier, indicating the number and types of antennas
and power and frequency ranges, which can be accommodated.
(E) Sufficient evidence of the structural integrity of the support structure
as required by the city.
(5) A written description identifying the geographic service area to
be served by the proposed WTFP, plus geographic or propagation maps
showing applicant's service area objectives.
(6) A justification study which includes the rationale for selecting
the proposed wireless telecommunication facility design, support structure
and location. A detailed explanation of the applicant's coverage objectives
that the proposal would serve, and how the proposed use is the least
intrusive means for the applicant to cover such objectives. This shall
include:
(A) A meaningful comparative analysis that includes the factual reasons
why the proposed location and design deviates is the least noncompliant
or intrusive location and design necessary to reasonably achieve the
applicant's reasonable objectives of covering an established significant
gap (as established under state and federal law).
(B) Said study shall include all eligible support structures and/or alternative
sites evaluated for the proposed WTFP, and why said alternatives are
not reasonably available, technically feasible options that most closely
conform to the local values. The alternative site analysis must include
the consideration of at least two eligible support structures; or,
if no eligible support facilities are analyzed as alternatives, why
no eligible support facilities are reasonably available or technically
feasible.
(C) If a portion of the proposed facility lies within a jurisdiction
other than the city's jurisdiction, the applicant must demonstrate
that alternative options for locating the project fully within one
jurisdiction or the other is not a viable option. Applicant must demonstrate
that it has obtained all approvals from the adjacent jurisdiction
for the installation of the extra-jurisdictional portion of the project.
(7) Site plan(s) to scale, specifying and depicting the exact proposed
location of the proposed wireless telecommunications facility, location
of accessory equipment in relation to the support structure, access
or utility easements, existing utilities, adjacent land uses, and
showing compliance with all design and safety requirements set forth
in this chapter.
(8) A completed environmental assessment application, or in the alternative
any and all documentation identifying the proposed WTFP as exempt
from environmental review (under the California Environmental Quality
Act,
Public Resources Code 21000–21189, the National Environmental
Policy Act, 42 U.S.C. Section 4321 et seq., or related environmental
laws). Notwithstanding any determination of environmental exemption
issued by another governmental entity, the city reserves its right
to exercise its rights as a responsible agency to review de novo the
environmental impacts of any WTFP application.
(9) An accurate visual impact analysis showing the maximum silhouette,
view-shed analysis, color and finish palette and proposed screening
for the wireless telecommunications facility, including scaled photo
simulations from at least three different angles.
(10) Completion of the radio frequency (RF) emissions exposure guidelines
checklist contained in Appendix A to the FCC's "Local Government Official's
Guide to Transmitting Antenna RF Emission Safety" to determine whether
the facility will be "categorically excluded" as that term is used
by the FCC.
(11) For a facility that is not categorically excluded under the FCC regulations
for RF emissions, the applicant shall submit an RF exposure compliance
report prepared and certified by an RF engineer acceptable to the
city that certifies that the proposed facility, as well as any facilities
that contribute to the cumulative exposure in the subject area, will
comply with applicable federal RF exposure standards and exposure
limits. The RF report must include the actual frequency and power
levels (in watts effective radio power "ERP") for all existing and
proposed antennas at the site and exhibits that show the location
and orientation of all transmitting antennas and the boundaries of
areas with RF exposures in excess of the uncontrolled/general population
limit (as that term is defined by the FCC) and also the boundaries
of areas with RF exposures in excess of the controlled/occupational
limit (as that term is defined by the FCC). Each such boundary shall
be clearly marked and identified for every transmitting antenna at
the project site.
(12) Copies of any documents that the applicant is required to file pursuant
to Federal Aviation Administration regulations for the proposed wireless
telecommunications facility.
(13) A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this code, including Chapter
9.44 (Noise) of this code.
(14) A traffic control plan when the proposed installation is on any street
in a non-residential zone. The city shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment
(e.g. crane).
(15) A scaled conceptual landscape plan showing existing trees and vegetation
and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity
will screen the wireless telecommunication facility.
(16) Certification that applicant is a telephone corporation or a statement
providing the basis for its claimed right to enter the right-of-way.
If the applicant has a certificate of public convenience and necessity
(CPCN) issued by the California Public Utilities Commission, it shall
provide a copy of its CPCN.
(17) Evidence that the proposed wireless facility qualifies as a "personal
wireless services facility" as defined in United States Code, Title
47, Section 332(c)(7)(C)(ii).
(18) Address labels for use by the city in noticing all property owners
within five hundred feet of the proposed wireless telecommunication
facility and, if applicable, all public hearing information required
by the municipal code for public noticing requirements.
(19) Any other information and/or studies reasonably determined to be
necessary by the public works or planning director(s) may be required.
(d) Fees and Deposits Submitted with Application(s). For all WTFPs, application
fee(s) shall be required to be submitted with any application, as
established by city council resolution and in accordance with California
Government Code Section 50030. Notwithstanding the foregoing, no application
fee shall be refundable, in whole or in part, to an applicant for
a WTFP unless paid as a refundable deposit.
(e) Independent Expert. The public works and/or planning director, as
applicable, is authorized to retain on behalf of the city one or more
independent, qualified consultant(s) to review any WTFP application.
The review is intended to be a review of technical aspects of the
proposed wireless telecommunications facility and shall include, but
not limited to, application completeness or accuracy, structural engineering
analysis, or compliance with FCC radio frequency emissions standards.
(f) Costs. Reasonable costs of city staff, consultant and attorney time
(including that of the city attorney) pertaining to the review, processing,
noticing and hearing procedures directly attributable to a WTFP shall
be reimbursable to the city. To this end, the public works and/or
planning director, as applicable, may require applicants to enter
a trust/deposit reimbursement agreement, in a form approved by the
city attorney, or other established trust/deposit accounting mechanism
for purposes of obtaining an applicant deposit from which the direct
costs of city processing of an application may be drawn-down.
(g) Effect of State or Federal Law on Application Process. In the event
a state or federal law prohibits the collection of any information
or application conditions required by this section, the public works
director is authorized to omit, modify or add to that request from
the city's application form in consultation with the city attorney.
Requests for waivers from any application requirement of this section
shall be made in writing to the public works director or his or her
designee. The public works director may grant a request for waiver
if it is demonstrated that, notwithstanding the issuance of a waiver,
the city will be provided all information necessary to understand
the nature of the construction or other activity to be conducted pursuant
to the WTFP sought. All waivers approved pursuant to this section
shall be: (1) granted only on a case-by-case basis; and (2) narrowly
tailored to minimize deviation from the requirements of the municipal
code.
(h) Applications Deemed Withdrawn. To promote efficient review and timely
decisions, any application governed under this chapter will be automatically
deemed withdrawn by the applicant when the applicant fails to tender
a substantive response to the city on any application within thirty
calendar days after the application is deemed incomplete in a written
notice to the applicant. The public works or planning director (as
applicable) may, in his or her discretion, grant a written extension
for up to an additional thirty calendar days when the applicant submits
a written request prior to the ninetieth day that shows good cause
to grant the extension.
(i) Waiver of Applications Superseded by Submission of New Project. If
an applicant submits a WTFP application, but substantially revises
the proposed facility during the application process prior to any
city hearing or decision on such application, the substantially revised
application shall be deemed a new application for all processing purposes,
including federal shot clocks, and the prior submittals deemed waived
and superseded by the substantially revised application. For purposes
of this subsection, "substantially revised" means that the project
as initially proposed has been alternately proposed for a location
three hundred feet or more from the original proposal or constitutes
a substantial change in the dimensions or equipment that was proposed
in the original WTFP application.
(j) Rejection for Incompleteness. WTFPs will be processed, and notices
of incompleteness provided, in conformity with state, local, and federal
law. If such an application is incomplete, it may be rejected by the
public works director by notifying the applicant in writing and specifying
the material omitted from the application.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Generally. Wireless telecommunications facilities shall be installed
and modified in a manner that minimizes risks to public safety and
utilizes installation of new support structures or equipment cabinets
in the PROW only after all existing and replacement structure options
have been exhausted, and where feasible, places equipment underground,
and otherwise maintains the integrity and character of the neighborhoods
and corridors in which the facilities are located; ensures that installations
are subject to periodic review to minimize the intrusion on the PROW;
and ensures that the city bears no risk or liability as a result of
the installations, and that such use does not inconvenience the public,
interfere with the primary uses of the ROW, or hinder the ability
of the city or other government agencies to improve, modify, relocate,
abandon, or vacate the PROW or any portion thereof, or to cause the
improvement, modification, relocation, vacation, or abandonment of
facilities in the PROW.
(b) Collocation Encouraged. Where the facility site is capable of accommodating
a collocated facility upon the same site in a manner consistent with
the permit conditions for the existing facility, the owner and operator
of the existing facility shall allow collocation of third-party facilities,
provided the parties can mutually agree upon reasonable terms and
conditions.
(c) Findings Required for Approval.
(1) Administrative WTFP Applications for SWFs. For WTFP applications
proposing an SWF, the public works director or planning director,
as the case may be, shall approve such application if, on the basis
of the application and other materials or evidence provided in review
thereof, all of the following findings can be made:
(A) The facility qualifies as an SWF; and
(B) The facility meets all standards, requirements and further findings
as may be specified in the SWF Regulations; and
(C) The facility is not detrimental to the public health, safety, and
welfare; and
(D) The facility meets applicable requirements and standards of state
and federal law.
(2) Administrative WTFP Applications for Eligible Facility Requests.
For WTFP applications proposing an eligible facilities request, the
public works director shall approve such application if, on the basis
of the application and other materials or evidence provided in review
thereof, all of the following findings can be made:
(A) That the application qualifies as an eligible facilities request;
and
(B) That the proposed facility will comply with all generally-applicable
laws.
(3) Major WTFP Applications. No Major WTFP shall be granted unless all
of the following findings are made by the applicable decision-maker:
(A) If applicable, all notices required for the proposed WTFP have been
given, including the inclusion, or placement on-site, of photo simulations
for the proposed facility.
(B) The proposed wireless telecommunications 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 an eligible support structure.
(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, or the applicant has entered into a franchise
agreement with the city permitting them to use the public right-of-way.
(E) The applicant has demonstrated the proposed installation is designed
such that the proposed installation represents the least intrusive
means possible, supported by factual evidence and a meaningful comparative
analysis to show that all alternative locations and designs identified
in the application review process were technically infeasible or not
reasonably available.
(d) Notice; Decisions. The provisions in this section describe the procedures
for the approval process, any required notice and public hearings
for a WTFP application.
(1) Administrative WTFP Applications: A WTFP application for an SWF as
well as qualifying applications for eligible facilities requests shall
not require notice.
(2) Major WTFP Applications: Any Major WTFP application shall require notice and a public hearing. Notice of such hearing shall be provided in accordance with Glendora Municipal Code Section
21.01.030, which includes mailed noticing to all property owners within five hundred feet of the proposed wireless telecommunication facility. Public notices shall include color photo simulations from three different angles depicting the wireless telecommunication facility as proposed to be considered by the planning commission. If the application proposes the use of an existing or replacement eligible support structure, such simulations shall be posted upon the proposed support structure for a period of at least thirty days prior to the date of approval; such posted simulations shall remain in-place until final decision on the application is reached.
(3) Written Decision Required for All WTFP Determinations. Unless otherwise
specified for SWFs in the SWF Regulations, all final decisions made
pursuant to this chapter, including those for administratively-processed
permits and eligible facilities requests, shall be in writing and
based on substantial evidence in the written administrative record.
Within five days after any decision to grant, approve, deny or conditionally
grant a WTFP application, the public works director or planning director,
as applicable, shall provide written notice including the following:
(A) A general explanation of the decision, including the findings required
for the decision, if any, and how those findings were supported or
not supported by substantial evidence;
(B) A general description of the property involved;
(C) Information about applicable rights to appeal, if any, the decision
and explanation of how that right may be exercised; and
(D) To be given by first class mail to:
(i)
The project applicant and property owner,
(ii)
Any person who submitted written comments concerning the WTFP,
(iii)
Any person who has filed a written request with the city to
receive such notice, and
(iv)
Any homeowner association on file with the city that has jurisdiction
over the WTFP site.
(4) Once a WTFP is approved, no changes shall be made to the approved
plans without review and approval in accordance with this chapter.
(e) Appeals.
(1) Administrative WTFPs do not have an appeal procedure and all administrative
decisions thereon are final.
(2) Appeals on Major WTFPs shall proceed as provided in accordance with the appeal provisions in Title
21 of the Glendora Municipal Code, Section
21.01.030(F) (Appeals). The appellate authority may hear the appeal de novo.
(f) Notice of Shot Clock Expiration. The city acknowledges there are
federal and state shot clocks which may be applicable to a proposed
wireless telecommunications facility. That is, federal and state law
provide time periods in which the city must approve or deny a proposed
wireless telecommunications facility. As such, the applicant is required
to provide the city written notice of the expiration of any shot clock,
which the applicant shall ensure is received by the city (e.g. overnight
mail) no later than twenty days prior to the expiration.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) SWF Design and Development Standards. SWFs are subject to those design
and development standards and conditions of approval set forth in
the SWF Regulations. The city's grant of a WTFP for an SWF does not
waive, and shall not be construed to waive, any standing by the city
to challenge any FCC orders or rules related to small cell facilities,
or any modification to those FCC orders or rules.
(b) Eligible Facilities Request Design and Development Standards. Approved eligible facilities requests for which the findings set forth in Section
13.20.060 have been made are subject to the following conditions, unless modified by the approving authority:
(1) WTFP subject to conditions of underlying permit. Any WTFP granted
in response to an application qualifying as an eligible facilities
request shall be subject to the terms and conditions of the underlying
permit and all such conditions that were applicable to the facility
prior to approval of the subject eligible facility request.
(2) No permit term extension. The city's grant or grant by operation
of law of an eligible facilities request permit constitutes a federally-mandated
modification to the underlying permit or approval for the subject
tower or base station. Notwithstanding any permit duration established
in another permit condition, the city's grant or grant by operation
of law of an eligible facilities request permit will not extend the
permit term for the underlying permit or any other underlying regulatory
approval, and its term shall have the same term as the underlying
permit or other regulatory approval for the subject tower or base
station.
(3) No waiver of standing. The city's grant or grant by operation of
law of an eligible facilities request does not waive, and shall not
be construed to waive, any standing by the city to challenge Section
6409(a) of the Spectrum Act, any FCC rules that interpret Section
6409(a) of the Spectrum Act, or any modification to Section 6409(a)
of the Spectrum Act.
(c) Major WTFP Design and Development Standards. All wireless telecommunications
facilities subject to a Major WTFP that are located within the PROW
shall be designed and maintained as to minimize visual, noise and
other impacts on the surrounding community and shall be planned, designed,
located, and erected in accordance with the following standards:
(1) General Guidelines.
(A) The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless telecommunications
facilities in order to ensure that the facility is as visually screened
as possible, to prevent the facility from dominating the surrounding
area and to minimize significant view impacts from surrounding properties
and public views, all in a manner that achieves compatibility with
the community and in compliance with this code.
(B) Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage,
disguise, and/or blend into the environment, including landscaping,
color, and other techniques to minimize the facility's visual impact
as well as be compatible with the architectural character of the surrounding
buildings or structures in terms of color, size, proportion, style,
and quality.
(C) Wireless telecommunications facilities shall be located consistent with Section
13.20.080 (Location Restrictions) unless an exception is granted.
(2) Traffic Safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts on traffic safety.
(3) Blending Methods. All facilities shall have subdued colors and non-reflective
materials that blend with the materials and colors of the surrounding
area, infrastructure and structures.
(4) Equipment. The applicant shall use the least visible equipment for
the provision of wireless telecommunications services that is technically
feasible. Antenna elements shall be flush mounted, to the extent feasible,
with all cables and wires clipped-up or otherwise out of public view.
All antenna mounts shall be designed so as not to preclude possible
future collocation by the same or other operators or carriers. Unless
otherwise provided in this section, antennas shall be situated as
close to the ground as technically feasible.
(5) Support Structures.
(A) Pole-Mounted Only. Only pole-mounted antennas (excepting wooden poles per subparagraph (5)(B) below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to Section
13.20.080 is granted.
(B) Utility Poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section
13.20.080 is granted. The maximum height of any antenna shall not exceed forty-eight inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than twenty-four feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.
(C) Light Poles. The maximum height of any antenna shall not exceed four
feet above the existing height of a light pole. Any portion of the
antenna or equipment mounted on a pole shall be no less than sixteen
and one half feet above any drivable road surface.
(D) Replacement Poles. If an applicant proposes to replace a pole that
is an eligible support structure to accommodate the proposed facility,
the replacement pole shall be designed to resemble the appearance
and dimensions of existing poles near the proposed location, including
size, height, color, materials and style to the maximum extent feasible.
(E) Equipment mounted on a support structure shall not exceed four cubic
feet in dimension.
(F) No new guy wires shall be allowed unless required by other laws or
regulations.
(G) An exception pursuant to Section
13.20.080 shall be required to erect any new support structure (noneligible support structure) that is not the replacement of an existing eligible support structure.
(H) As applicable to all new support structures (non-eligible support
structures), regardless of location, the following requirements shall
apply:
(i)
Such new support structure shall be designed to resemble existing
support structures of the same type in the right-of-way near that
location, including size, height, color, materials and style, with
the exception of any existing structural designs that are scheduled
to be removed and not replaced.
(ii)
Such new support structures that are not replacement structures
shall be located at least ninety feet from any eligible support structure
to the extent feasible.
(iii)
Such new support structures shall be located to the extent feasible
in an area where there is existing natural or other feature that obscures
the view of the new support structure. The applicant shall further
employ concealment techniques to blend the new support structure with
said features including, but not limited to, the addition of vegetation
if feasible.
(iv)
A justification analysis shall be submitted for all new support
structures that are not replacements to demonstrate why an eligible
support facility cannot be utilized and demonstrating the new structure
is the least intrusive means possible, including a demonstration that
the new structure is designed to be the minimum functional height
and width required to support the proposed wireless telecommunications
facility.
(I) All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the support structure
and shall be camouflaged or hidden to the fullest extent feasible.
For all support structures wherein interior installation is infeasible,
conduit and cables attached to the exterior shall be mounted flush
thereto and painted to match the structure.
(6) Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
(7) Wind Loads. Each facility shall be properly engineered to withstand
wind loads as required by this code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact
of modification of an existing facility.
(8) Obstructions. Each component part of a facility shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, incommode the public's use of the right-of-way,
or cause safety hazards to pedestrians and motorists.
(9) Public Facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant,
fire station, fire escape, water valve, underground vault, valve housing
structure, or any other public health or safety facility.
(10) Screening. All ground-mounted facility, pole-mounted equipment, or
walls, fences, landscaping or other screening methods shall be installed
at least eighteen inches from the curb and gutter flow line.
(11) Accessory Equipment. Not including the electric meter, all accessory
equipment shall be located underground, except as provided below:
(A)
Unless city staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to Section
13.20.080 shall be required in order to place accessory equipment above-ground and concealed with natural or manmade features to the maximum extent possible.
(B)
When above-ground is the only feasible location for a particular
type of accessory equipment and will be ground-mounted, such accessory
equipment shall be enclosed within a structure, and shall not exceed
a height of five feet and a total footprint of fifteen square feet,
and shall be fully screened and/or camouflaged, including the use
of landscaping, architectural treatment, or acceptable alternate screening.
Required electrical meter cabinets shall be screened and/or camouflaged.
Also, while pole-mounted equipment is generally the least favored
installation, should pole-mounted equipment be sought, it shall be
installed as required in this chapter.
(C)
In locations where homes are only along one side of a street,
above-ground accessory equipment shall not be installed directly in
front of a residence. Such above-ground accessory equipment shall
be installed along the side of the street with no homes.
(12) Landscaping. Where appropriate, each facility shall be installed
so as to maintain and enhance existing landscaping on the site, including
trees, foliage and shrubs. Additional landscaping shall be planted,
irrigated and maintained by applicant where such landscaping is deemed
necessary by the city to provide screening or to conceal the facility.
(13) Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law
or permitted by the city.
(14) Lighting.
(A)
No facility may be illuminated unless specifically required
by the Federal Aviation Administration or other government agency.
Beacon lights are not permitted unless required by the Federal Aviation
Administration or other government agency.
(B)
Legally required lightning arresters and beacons shall be included
when calculating the height of facilities such as towers, lattice
towers and monopoles.
(C)
Any required lighting shall be shielded to eliminate, to the
maximum extent possible, impacts on the surrounding neighborhoods.
(D)
Unless otherwise required under FAA or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights,
and must install such lights so as to avoid illumination impacts to
adjacent properties to the maximum extent feasible. The city may,
in its discretion, exempt an applicant from the foregoing requirement
when the applicant demonstrates a substantial public safety need.
(E)
The applicant shall submit a lighting study which shall be prepared
by a qualified lighting professional to evaluate potential impacts
to adjacent properties. Should no lighting be proposed, no lighting
study shall be required.
(15) Noise.
(A)
Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 7:00 p.m. and 7:00 a.m.
(B)
At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter
9.44 of this code.
(16) Security. Each facility shall be designed to be resistant to, and
minimize opportunities for, unauthorized access, climbing, vandalism,
graffiti and other conditions that would result in hazardous situations,
visual blight or attractive nuisances. The public works director or
the approving city body, as applicable, may require the provision
of warning signs, fencing, anti-climbing devices, or other techniques
to prevent unauthorized access and vandalism when, because of their
location and/or accessibility, a facility has the potential to become
an attractive nuisance. Additionally, no lethal devices or elements
shall be installed as a security device.
(17) Modification. Consistent with current state and federal laws and
if permissible under the same, at the time of modification of a wireless
telecommunications facility, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and
other impacts, including, but not limited to, undergrounding the equipment
and replacing larger, more visually intrusive facilities with smaller,
less visually intrusive facilities.
(18) The installation and construction approved by a wireless telecommunications
facility permit shall begin within one year after its approval or
it will expire without further action by the city.
(19) Conditions of Approval. All Major WTFPs shall be subject to such
conditions of approval as reasonably imposed by the public works director
or the approving city body, as applicable, as well as any modification
of the conditions of approval deemed necessary by the public works
director or the approving city body.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Locations Requiring an Exception. Major WTFPs are strongly disfavored in certain areas and on certain support structures. Therefore the following locations are permitted only when an exception has been granted pursuant to subsection
(b) hereof:
(1) Public right-of-way within those zones as identified in the general
plan as residential zones;
(2) Public right-of-way within those zones as identified in the general
plan as historic districts, or within one hundred feet of designated
historic buildings;
(3) Public right-of-way within those zones identified as Civic Center
Area Plan (T4, T5, and T5a)
(b) Required Findings for an Exception on Major WTFPs. For any Major
WTFP requiring an "exception" under this chapter, no such exception
shall be granted unless the applicant demonstrates with clear and
convincing evidence all the following:
(1) The proposed wireless facility qualifies as a "personal wireless
services facility" as defined in United States Code, Title 47, Section
332(c)(7)(C)(ii);
(2) The applicant has provided the city with a clearly defined significant
gap (as established under state and federal law) and a clearly defined
potential site search area.
(A) In the event the applicant seeks to install a wireless telecommunications
facility to address service coverage concerns, full-color signal propagation
maps with objective units of signal strength measurement that show
the applicant's current service coverage levels from all adjacent
wireless telecommunications facilities without the proposed facility,
predicted service coverage levels from all adjacent facilities serving
applicant with the proposed facility, and predicted service coverage
levels from the proposed facility without all adjacent facilities.
(B) In the event the applicant seeks to address service capacity concerns,
a written explanation and propagation maps identifying the existing
facilities with service capacity issues together with competent evidence
to demonstrate the inability of those facilities to meet capacity
demands.
(3) The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s)
or design(s) suggested by the city or otherwise identified in the
administrative record, including, but not limited to, potential alternatives
identified at any public meeting or hearing, are not technically feasible
or reasonably available;
(4) The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why the proposed location
and design deviates is the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable objectives
of covering an established significant gap (as established under state
and federal law);
(5) The applicant has demonstrated that strict compliance with the provision
in this chapter for which the applicant seeks an exception would effectively
prohibit the provision of personal wireless services.
(c) Scope. The planning commission or public works director, as applicable,
shall limit an exemption for a Major WTFP to the extent to which the
applicant demonstrates such exemption is necessary to reasonably achieve
its objectives of covering an established significant gap (as established
under state and federal law). The planning commission or public works
director, as applicable, may adopt conditions of approval as reasonably
necessary to promote the purposes in this chapter and protect the
public health, safety and welfare.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
All wireless telecommunications facilities must comply at all
times with the following operation and maintenance standards:
(a) The permittee shall at all times maintain compliance with all applicable
federal, state and local laws, regulations and other rules, including,
without limitation, those applying to use of the PROW. The permittee
shall ensure that all equipment and other improvements to be constructed
and/or installed in connection with the approved WTFP are maintained
in a manner that is not detrimental or injurious to the public health,
safety, and general welfare and that the aesthetic appearance is continuously
preserved, and substantially the same as shown in the approved plans
at all times relevant to the WTFP.
(b) Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent at its sole cost within forty-eight 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.
(c) Insurance. The permittee shall obtain and maintain throughout the
term of the permit a type and amount of insurance as specified by
city's risk management. The relevant policy(ies) shall name the city,
its elected/appointed officials, commission members, officers, representatives,
agents, and employees as additional insured. The permittee shall use
its best efforts to provide thirty days prior notice to the public
works director of to the cancellation or material modification of
any applicable insurance policy.
(d) Indemnities. The permittee and, if applicable, the owner of the property
upon which the wireless facility is installed shall defend, indemnify
and hold harmless the city, its agents, officers, officials, and employees:
(1) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and from any and all claims, demands, law suits, writs
of mandamus, and other actions or proceedings brought against the
city or its agents, officers, officials, or employees to challenge,
attack, seek to modify, set aside, void or annul the city's approval
of the permit; and (2) from any and all damages, liabilities, injuries,
losses, costs, and expenses, and any and all claims, demands, law
suits, or causes of action and other actions or proceedings of any
kind or form, whether for personal injury, death or property damage,
arising out of or in connection with the activities or performance
of the permittee or, if applicable, the private property owner or
any of each one's agents, employees, licensees, contractors, subcontractors,
or independent contractors. In the event the city becomes aware of
any such actions or claims the city shall promptly notify the permittee
and, if applicable, the private property owner and shall reasonably
cooperate in the defense. The city shall have the right to approve,
which approval shall not be unreasonably withheld, the legal counsel
providing the city's defense, and the property owner and/or permittee
(as applicable) shall reimburse the city for any costs and expenses
directly and necessarily incurred by the city in the course
(e) Performance Bond. Prior to issuance of a wireless encroachment permit,
the permittee shall file with the city, and shall maintain in good
standing throughout the term of the approval, a performance bond or
other surety or another form of security for the removal of the facility
in the event that the use is abandoned or the permit expires, or is
one hundred percent as that amount may be modified by the public works
director in the permit based on the characteristics of the installation.
The permittee shall reimburse the city for staff time associated with
the processing and tracking of the bond, based on the hourly rate
adopted by the city council. Reimbursement shall be paid when the
security is posted and during each administrative review.
(f) Adverse Impacts on Adjacent Properties. Permittee shall undertake
all reasonable efforts to avoid undue adverse impacts to adjacent
properties and/or uses that may arise from the construction, operation,
maintenance, modification, and removal of the facility. All facilities,
including each piece of equipment, shall be located and placed in
a manner so as to not interfere with the use of the PROW, impede the
flow of vehicular or pedestrian traffic, impair the primary use and
purpose of poles/signs/traffic signals or other infrastructure, interfere
with outdoor dining areas or emergency facilities, or otherwise obstruct
the accessibility of the PROW.
(g) Contact Information. Each permittee of a wireless telecommunications
facility shall provide the public works director with the name, address
and twenty-four-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 days of any change.
(h) All facilities, including, but not limited to, telecommunication
towers, poles, accessory equipment, lighting, fences, walls, shields,
cabinets, artificial foliage or camouflage, and the facility site
shall be maintained in good condition, including ensuring the facilities
are reasonably free of:
(1) Subsidence, cracking, erosion, collapse, weakening, or loss of lateral
support to city streets, sidewalks, walks, curbs, gutters, trees,
parkways, street lights, traffic signals, improvements of any kind
or nature, or utility lines and systems, underground utility line
and systems (water, sewer, storm drains, gas, oil, electrical, etc.)
that result from any activities performed in connection with the installation
and/or maintenance of a wireless facility in the PROW.
(3) Chipped, faded, peeling, and cracked paint;
(5) Cracks, dents, and discoloration;
(6) Missing, discolored or damaged artificial foliage or other camouflage;
(7) Graffiti, bills, stickers, advertisements, litter and debris. All
graffiti on facilities must be removed at the sole expense of the
permittee within forty-eight hours after notification from the city.
(8) Broken and misshapen structural parts; and
(9) Any damage from any cause.
(i) All trees, foliage or other landscaping elements approved as part
of the facility shall be maintained in neat, safe and 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 public works director.
(j) 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.
(k) Each facility shall be operated and maintained to comply at all conditions
of approval. The permittee, when directed by the city, must perform
an inspection of the facility and submit a report to the public works
director on the condition of the facility to include any identified
concerns and corrective action taken. Additionally, as the city performs
maintenance on city-owned infrastructure, additional maintenance concerns
may be identified. These will be reported to the permittee. The city
shall give the permittee thirty days to correct the identified maintenance
concerns after which the city reserves the right to take any action
it deems necessary, which could include revocation of the permit.
The burden is on the permittee to demonstrate that it complies with
the requirements herein. Prior to issuance of a permit under this
chapter, the owner of the facility shall sign an affidavit attesting
to understanding the city's requirement for performance of annual
inspections and reporting.
(l) All facilities permitted pursuant to this chapter shall comply with
the American with Disabilities Act.
(m) The permittee is responsible for obtaining power to the facility
and for the cost of electrical usage.
(n) Failure to comply with the city's adopted noise standard after written
notice and reasonable opportunity to cure have been given shall be
grounds for the city to revoke the permit.
(o) Interference.
(1) The permittee shall not move, alter, temporarily relocate, change,
or interfere with any existing structure, improvement, or property
without the prior consent of the owner of that structure, improvement,
or property. No structure, improvement, or property owned by the city
shall be moved to accommodate a permitted activity or encroachment,
unless the city determines that such movement will not adversely affect
the city or any surrounding businesses or residents, and the permittee
pays all costs and expenses related to the relocation of the city's
structure, improvement, or property. Prior to commencement of any
work pursuant to a wireless encroachment permit, the permittee shall
provide the city with documentation establishing to the city's satisfaction
that the permittee has the legal right to use or interfere with any
other structure, improvement, or property within the PROW or city
utility easement to be affected by permittee's facilities.
(2) The facility shall not damage or interfere in any way with city property,
the city's operations or the operations of prior-existing, third party
installations. The city will reasonably cooperate with the permittee
and/or carrier to carry out such activities as are necessary to correct
the interference.
(A) Signal Interference. The permittee shall correct any such interference
within twenty-four hours of written notification of the interference.
Upon the expiration of the twenty-four-hour cure period and until
the cause of the interference is eliminated, the permittee shall cease
operation of any facility causing such interference until such interference
is cured.
(B) Physical Interference. The city shall give the permittee thirty days
to correct the interference after which the city reserves the right
to take any action it deems necessary, which could include revocation
of the permit.
(3) The city at all times reserves the right to take any action it deems
necessary, in its sole discretion, to repair, maintain, alter, or
improve the sites. Such actions may temporarily interfere with the
operation of the facility. The city will in all cases, other than
emergencies, give the applicant thirty days written notification of
such planned, non-emergency actions.
(p) RF Exposure Compliance. All facilities must comply with all standards
and regulations of the FCC and any other state or federal government
agency with the authority to regulate RF exposure standards. After
transmitter and antenna system optimization, but prior to unattended
operations of the facility, the permittee or its representative must
conduct on-site post-installation RF emissions testing to demonstrate
actual compliance with the FCC Office of Engineering and Technology
Bulletin 65 RF emissions safety rules for general population/uncontrolled
RF exposure in all sectors. For this testing, the transmitter shall
be operating at maximum operating power, and the testing shall occur
outwards to a distance where the RF emissions no longer exceed the
uncontrolled/general population limit.
(1) Testing of any equipment shall take place on weekdays only, and only
between the hours of eight-thirty a.m. and four-thirty p.m., except
that testing is prohibited on holidays that fall on a weekday. In
addition, testing is prohibited on weekend days.
(q) Records. The permittee must maintain complete and accurate copies
of all permits and other regulatory approvals issued in connection
with the facility, which includes, without limitation, this approval,
the approved plans and photo simulations incorporated into this approval,
all conditions associated with this approval and any ministerial permits
or approvals issued in connection with this approval. In the event
that the permittee does not maintain such records as required in this
condition or fails to produce true and complete copies of such records
within a reasonable time after a written request from the city, any
ambiguities or uncertainties that would be resolved through an inspection
of the missing records will be construed against the permittee.
(r) Attorney's Fees. In the event the city determines that it is necessary
to take legal action to enforce any of these conditions, or to revoke
a permit, and such legal action is taken, the permittee shall be required
to pay any and all costs of such legal action, including reasonable
attorney's fees, incurred by the city, even if the matter is not prosecuted
to a final judgment or is amicably resolved, unless the city should
otherwise agree with permittee to waive said fees or any part thereof.
The foregoing shall not apply if the permittee prevails in the enforcement
proceeding.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
No person shall install, use or maintain any wireless telecommunications
facility that in whole or in part rests upon, in or over any public
right-of-way, when such installation, use or maintenance endangers
or is reasonably likely to endanger the safety of persons or property,
or when such site or location is used for public utility purposes,
public transportation purposes or other governmental use, or when
such facility unreasonably interferes with or unreasonably impedes
the flow of pedestrian or vehicular traffic including any legally
parked or stopped vehicle, the ingress into or egress from any residence
or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street furniture
or other objects permitted at or near said location.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) 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 a warranty of title.
(b) No possessory interest is created by a WTFP. However, to the extent
that a possessory interest is deemed created by a governmental entity
with taxation authority, the permittee acknowledges that the city
has given to the applicant notice pursuant to California Revenue and
Taxation Code Section 107.6 that the use or occupancy of any public
property pursuant to a WTFP may create a possessory interest which
may be subject to the payment of property taxes levied upon such interest.
Wireless telecommunications facility operators shall be solely liable
for, and shall pay and discharge prior to delinquency, any and all
possessory interest taxes or other taxes, fees, and assessments levied
against their right to possession, occupancy, or use of any public
property pursuant to any right of possession, occupancy, or use created
by the WTFP.
(c) The permission granted by a WTFP shall not in any event constitute
an easement on or an encumbrance against the PROW. No right, title,
or interest (including franchise interest) in the PROW, or any part
thereof, shall vest or accrue in permittee by reason of a wireless
encroachment permit or the issuance of any other permit or exercise
of any privilege given thereby.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Permit Term. Unless
Government Code Section 65964, as may be amended,
authorizes the city to issue a permit with a shorter term, a permit
for any wireless telecommunications facility shall be valid for a
period of ten years, unless pursuant to another provision of this
code it lapses sooner or is revoked. At the end of ten years from
the date of issuance, such permit shall automatically expire.
(b) A permittee may apply for a new permit within one hundred eighty
days prior to expiration. Said application and proposal shall comply
with the city's current code requirements for wireless telecommunications
facilities.
(c) Timing of Installation. The installation and construction authorized
by a WTFP shall begin within one year after its approval, or it will
expire without further action by the city. The installation and construction
authorized by a WTFP shall conclude, including any necessary post-installation
repairs and/or restoration to the PROW, within thirty days following
the day construction commenced.
(d) Commencement of Operations. The operation of the approved facility
shall commence no later than ninety days after the completion of installation,
or the WTFP will expire without further action by the city. The permittee
shall provide the public works director notice that operations have
commenced by the same date.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(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 ninety or more consecutive
days unless the permittee has obtained prior written approval from
the director which shall not be unreasonably denied. If there are
two or more users of a single facility, then this provision shall
not become effective until all users cease using the facility.
(b) The operator of a facility shall notify the public works director
in writing of its intent to abandon or cease use of a permitted site
or a nonconforming site (including unpermitted sites) within ten days
of ceasing or abandoning use. Notwithstanding any other provision
herein, the operator of the facility shall provide written notice
to the public works director of any discontinuation of operations
of thirty days or more.
(c) Failure to inform the public works director of cessation or discontinuation
of operations of any existing facility as required by this section
shall constitute a violation of any approvals and be grounds for:
(2) Revocation or modification of the permit;
(3) Acting on any bond or other assurance required by this article or
conditions of approval of the permit;
(4) Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at
the owner's expense; and/or
(5) Any other remedies permitted under this code or by law.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Upon the expiration date of the permit, including any extensions,
earlier termination or revocation of the WTFP or abandonment of the
facility, the permittee, owner or operator shall remove its wireless
telecommunications facility and restore the site to the condition
it was in prior to the granting of the WTFP, except for retaining
the landscaping improvements and any other improvements at the discretion
of the city. Removal shall be in accordance with proper health and
safety requirements and all ordinances, rules, and regulations of
the city. Expired, terminated or revoked wireless telecommunications
facility equipment shall be removed from the site at no cost or expense
to the city.
(b) Failure of the permittee, owner or operator to promptly remove its
facility and restore the property within ninety days after expiration,
earlier termination or revocation of the WTFP, or abandonment of the
facility, shall be a violation of this code. Upon a showing of good
cause, an extension may be granted by the public works director where
circumstances are beyond the control of the permittee after expiration.
Further failure to abide by the timeline provided in this section
shall be grounds for:
(2) Acting on any security instrument required by this chapter or conditions
of approval of permit;
(3) Removal of the facilities by the city in accordance with the procedures
established under this code for abatement of a public nuisance at
the owner's expense; and/or
(4) Any other remedies permitted under this code or by law.
(c) Summary Removal. In the event any city director or city engineer
determines that the condition or placement of a wireless telecommunications
facility located in the public right-of-way constitutes a dangerous
condition, obstruction of the public right-of-way, or an imminent
threat to public safety, or determines other exigent circumstances
require immediate corrective action (collectively, "exigent circumstances"),
such director or city engineer may cause the facility to be removed
summarily and immediately without advance notice or a hearing. Written
notice of the removal shall include the basis for the removal and
shall be served upon the permittee and person who owns the facility
within five business days of removal and all property removed shall
be preserved for the owner's pickup as feasible. If the owner cannot
be identified following reasonable effort or if the owner fails to
pick-up the property within sixty days, the facility shall be treated
as abandoned property.
(d) Removal of Facilities by City. In the event the city removes a wireless
telecommunications facility in accordance with nuisance abatement
procedures or summary removal, any such removal shall be without any
liability to the city for any damage to such facility that may result
from reasonable efforts of removal. In addition to the procedures
for recovering costs of nuisance abatement, the city may collect such
costs from the performance bond posted and to the extent such costs
exceed the amount of the performance bond, collect those excess costs
in accordance with this code. Unless otherwise provided herein, the
city has no obligation to store such facility. Neither the permittee,
owner nor operator shall have any claim if the city destroys any such
facility not timely removed by the permittee, owner or operator after
notice, or removal by the city due to exigent circumstances.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
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. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
The implementation of this chapter and decisions on applications
for placement of wireless telecommunications facilities in the PROW
shall, at a minimum, ensure that the requirements of this chapter
are satisfied, unless it is determined that the applicant has established
that denial of an application would, within the meaning of federal
law, prohibit or effectively prohibit the provision of personal wireless
services, or otherwise violate applicable laws or regulations. If
that determination is made, the requirements of this chapter may be
waived, but only to the minimum extent required to avoid the prohibition
or violation.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)
(a) Legal nonconforming wireless telecommunications facilities are those
facilities that existed but did not conform to this chapter on the
date this chapter became effective.
(b) Legal nonconforming wireless telecommunications facilities shall,
within ten years from the date this chapter became effective, be brought
into conformity with all requirements of this article; provided, however,
that should the owner desire to expand or modify the facility, intensify
the use, or make some other change in a conditional use, the owner
shall comply with all applicable provisions of this code at such time,
to the extent the city can require such compliance under federal and
state law.
(c) An aggrieved person may file an appeal to the city council of any
decision of the public works director or other deciding body made
pursuant to this section. In the event of an appeal alleging that
the ten-year amortization period is not reasonable as applied to a
particular property, the city council may consider the amount of investment
or original cost, present actual or depreciated value, dates of construction,
amortization for tax purposes, salvage value, remaining useful life,
the length and remaining term of the lease under which it is maintained
(if any), and the harm to the public if the structure remains standing
beyond the prescribed amortization period, and set an amortization
period accordingly for the specific property.
(Ord. 2039 § 5, 2019; Ord. 2040 § 5, 2019)