City of Monterey Park, CA Chapter 21.34 WIRELESS TELECOMMUNICATIONS FACILITIES

§ 21.34.010 Purpose and Intent.

(A) This chapter establishes uniform standards for the placement, design, monitoring, and permitting of wireless telecommunications facilities, consistent with applicable Federal and State law and regulation. These standards are intended to protect the public health, safety, general welfare, and to protect residents from the potential adverse impacts of wireless telecommunications facilities that the City may legally consider. These standards address the adverse impacts of these facilities through appropriate design, siting, screening techniques, and locational standards, while providing for the communication needs of residents and businesses and preserving the visual character of established communities and the natural beauty of the City. The standards are not intended to, and do not, regulate those aspects of wireless telecommunications facilities that are governed by the Federal Communications Commission.

(B) This chapter is not intended to be exclusive and compliance will not excuse noncompliance with any Federal, State, or local laws or regulations that are uniformly applied to other telecommunications uses, including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety code laws and regulations.

(Ord. 2097 § 3, 2013)

§ 21.34.015 Definitions.

Unless otherwise specifically defined within this chapter, the defined terms in 47 U.S.C. Section 1455, 47 CFR Section 1.40001, and Government Code Section 65964.1, and any amendments to such sections, are used in this chapter.

(Ord. 2141 § 2, 2017)

§ 21.34.020 Wireless Telecommunications Facilities on Private Property.

(A) No person may erect, construct, install, operate, or maintain any wireless telecommunications facility in, on, under, over or above private property (including public property not in the public right-of-way), except as authorized pursuant to this code.

(B) A wireless telecommunication facility permit is required for any wireless telecommunications facility. Consideration of a wireless telecommunications facility permit application will be conducted by the City Planner or the Planning Commission. Wireless telecommunications facility permit applications will be processed based upon, and the review authority for the application based upon, the antenna classes defined in Chapter 21.04 of this code. Although classifications are assigned at the time of submission of the application, a reevaluation of antenna classifications may occur at any point in the application review process, including at the time of review by the City Planner, Planning Commission or City Council.

(1) Residential Zones. Class 1, Class 4, Class 5, Class 6 and Class 7 antennas, as defined by Chapter 21.04 of this code, must be presented to the City Council. Class 3 antennas, as defined, may be presented to the City Planner.

(2) Nonresidential Zones. Class 1, Class 3, and Class 4 antennas, as defined by Chapter 21.04 of this code, may be presented to the City Planner. Class 5, Class 6 and Class 7 antennas, as defined, must be presented to the Planning Commission.

(3) Class 2 antennas (co-located antennas), as defined by Chapter 21.04 of this code, that qualify as an eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station as described by 47 U.S.C. Section 1455 must be presented to the City Planner. However, those Class 2 antennas that do not meet the requirements of either 47 U.S.C. Section 1455 or Government Code Section 65850.6 must be presented to the Planning Commission. Such co-located facilities require a wireless telecommunications facilities permit, with modified review pursuant to this chapter.

(4) All antenna applications requesting heights exceeding the height limitation of the requested zone must be presented to the Planning Commission.

(5) Antennas other than Classes 1 through 7 must be submitted to the Planning Commission and must obtain a variance.

(C) The City Planner may approve a permit for placement of a temporary emergency use antenna. The permit must contain conditions for removal of the temporary emergency use antenna as soon as possible after the conclusion of the emergency.

(D) For wireless telecommunications facilities applications subject to review by the City Planner, a wireless telecommunications facility permit may be granted pursuant to the procedure provided in Section 21.32.080, so long as all application requirements have been fulfilled and all of the findings required by this chapter have been made.

(E) The review authority will consider all competent evidence presented for and against the wireless telecommunications facility application. The standards required by this chapter will be imposed as conditions of approval for all wireless telecommunications facility permits granted by the review authority. Further conditions of approval of wireless telecommunications facility permits may be imposed as are necessary to minimize environmental, aesthetic, and public safety impacts. The review authority must make findings of fact and determinations in writing. A copy of the findings of fact and determinations must be mailed to the applicant, and any persons expressing an interest in the application who submitted their correct mailing addresses. A decision of the City Planner will become final 15 days following the date of the decision, unless an appeal to the Planning Commission or the City Council is filed as provided in Chapter 21.32, Permit Procedures. Any decision of the City Council is final.

(F) Except for Class 2 co-located facilities on which the base facility meets the requirements of California Government Code Section 65850.6, and Class 3 temporary antenna facilities, prior to the issuance of a wireless telecommunications facility permit, the review authority must make all of the following findings:

(1) To the maximum extent reasonably feasible, the proposed wireless telecommunications facility has been designed to achieve compatibility with the community;

(2) Alternative configurations will not increase community compatibility or are not reasonably feasible;

(3) Alternative locations on the site will not increase community compatibility or are not reasonably feasible;

(4) The location of the wireless telecommunications facility on alternative sites will not increase community compatibility or is not reasonably feasible;

(5) The facility is necessary to close a significant gap in coverage;

(6) The applicant has submitted a statement of its willingness to allow other carriers to co-locate on the proposed wireless telecommunications facility wherever technically and economically feasible and where colocation would not harm community compatibility;

(7) Noise generated by the facility will be in compliance with Chapter 9.53; and

(8) The facility complies with all of the requirements of State and Federal laws, regulations and orders.

(G) If the application is denied by the review authority, the review authority must issue a written denial to the applicant containing an explanation of reason(s) for such denial which cites to substantial evidence contained in the written record of the hearing or administrative record.

(H) Requests for wireless telecommunications facilities permits must be made on forms prescribed by the City Planner and submitted to the Community and Economic Development Department. The City Planner may amend application requirements from time to time, as necessary to comply with applicable laws and regulations, or to otherwise ensure the provision of information necessary and useful to the evaluation of wireless telecommunications facility permit applications. In addition to the application submittal requirements for permits set forth in this chapter, the supplemental information listed below is also required at the time a wireless telecommunications facility permit application is submitted to the Community and Economic Development Department.

(1) Applications for all proposed locations must include:

(a) An accurate map, compatible with the City's latest version of GIS mapping software, indicating the proposed site and detailing existing wireless telecommunications facility locations owned and operated by the applicant within the City on the date of application submittal.

(b) An engineering certification demonstrating planned compliance with all existing Federal radio frequency emissions standards, and providing technical data sufficient to justify the proposed height of the proposed wireless telecommunication facility.

(c) An alternative configuration analysis, as deemed necessary by the City Planner, assessing the feasibility of alternative wireless telecommunications facility construction configurations, both at the proposed site and in the surrounding vicinity, which would result in a more visually compatible antenna(s). This analysis must include an explanation of why other wireless telecommunications facility construction configurations were not selected by the applicant.

(d) A projection of the applicant's anticipated future wireless telecommunications facility siting needs within the City, which information may be used by the City as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless telecommunications facility siting.

(e) An identification of the geographic service area for the subject installation, including a map showing all of the applicant's existing sites in the local Service Network associated with the coverage gap the wireless telecommunications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.

(f) An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the wireless telecommunications facility. The analysis must include photo simulations and other information as necessary to determine the visual impact of the wireless telecommunications facility. A map depicting where the photos were taken must be included. The analysis must include a written description of efforts to blend the wireless telecommunications facility with the surrounding area.

(g) The height and diameter of the facility, together with evidence that demonstrates that the proposed wireless telecommunications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary must be provided.

(h) A description of the maintenance and monitoring program for the wireless telecommunications facility and associated landscaping.

(i) A written statement of the applicant's willingness to allow other carriers to co-locate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.

(j) A written description of any good faith efforts to co-locate the proposed wireless telecommunications facility on another site or building, including a GIS compatible map of the sites and engineering information or letters from the owners of the site describing why co-location would not be feasible.

(k) An alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the City Planner. Said alternative site analysis must specifically include an evaluation of the availability and feasibility of potential alternative sites located outside a residential zone. The alternative site analysis must include a map that shows other potential stand alone locations for the proposed wireless telecommunications facility that have been explored, and must describe why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include, without restriction, cost, visual benefits and detriments of alternative sites, and proximity to dwellings.

(l) A written description of all accessory wireless equipment for the wireless telecommunications facility, including a description of the function of the accessory equipment and the need to locate the accessory equipment on or near the wireless telecommunications facility.

(m) A written description of any requested exceptions to the standards set forth in this chapter, and the reasons for the request.

(n) Noise/acoustical information derived from the manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

(o) A conceptual landscape plan as determined necessary by the City Planner. The plan must show all existing trees and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site as determined by the City Planner.

(p) The City Planner may require additional information related to topography, including slopes, contours and proposed grading.

(q) Any other information determined necessary by the City Planner may be required through the City's wireless telecommunications facility permit application form.

(2) Applications requiring Planning Commission review must also include certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within a 500 foot radius of the exterior boundaries of the real property that is the subject of the hearing, except that if such property is owned by the applicant, the owners of contiguous real property to that owned by the applicant must also be given notice, as well as any parties who have requested notice of applications for the installation of such facilities, and such additional persons or parties as the City may determine appropriate based on the specific location and character of the proposed wireless telecommunications facility. A notification, three feet in height and four feet in width, must also be posted by the applicant for 30 days at the site where the wireless telecommunications facility is proposed for installation and notice must be mailed to all required property owners and parties at least 30 days before the hearing. A property ownership map keyed to the mailing labels must be included. If additional mailed notice is required, it is the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the City Planner to be directly affected by the request and to provide a property ownership map keyed to the mailing labels.

(3) All notices must provide a brief description of the proposed wireless telecommunications facility, a map indicating the proposed installation site, information describing the wireless telecommunications facility permit review process, and the name and telephone number of a person who will be available during business hours to respond to questions from the public. During the notification period, interested persons may contact the Community and Economic Development Department to review the proposed location of the facility and express any comments or concerns related to the application.

(I) If the City Planner determines the need to hire an independent, qualified consultant to evaluate technical and other aspects of the application, the applicant must provide the City with written authorization for the hiring. The authorization must include a written agreement by the applicant to advance or promptly reimburse the City for all reasonable costs associated with the consultation. In the alternative, the City Planner may require the applicant to submit a cash deposit for the estimated cost of such consultation, and to replenish the deposit if consumed by reasonable costs associated with the consultation. The consultation is intended to be a site-specific review of technical aspects of the proposed wireless telecommunications facility and may address any or all of those aspects, not limited to the following:

(1) Compliance with applicable radio frequency emission standards;

(2) Height analysis;

(3) Configuration;

(4) The appropriateness of granting any requested exceptions;

(5) The accuracy and completeness of submissions;

(6) The applicability of analysis techniques and methodologies;

(7) The validity of conclusions reached;

(8) Any specific technical issues designated by the City.

(J) If a permittee proposes any modifications to any wireless telecommunications facility permit after the permit is granted, the permittee must submit an application to the Community and Economic Development Department for consideration by the approval body specified in this chapter. The City and the approval body may not accept or process a modification application until the permittee first: (1) demonstrates the existing wireless telecommunications facility's compliance with all applicable local requirements; and (2) certifies that the existing wireless telecommunications facility complies with all applicable State, and Federal requirements.

(K) The City Planner must approve any request for a modification of a wireless telecommunications facility submitted pursuant to subsection J if it does not substantially change the physical dimensions of the existing wireless telecommunications facility, does not increase the height or bulk of the wireless telecommunications facility or Accessory Wireless Equipment, and does not change the location of such equipment or facilities.

(L) Unless otherwise required by California Government Code Section 65964(b), and as that section may be hereafter amended, a wireless telecommunications facility permit may not have a duration longer than 10 years.

(M) In addition to any other permit fees required by this code, each applicant must pay a nonrefundable wireless telecommunication facility application processing fee, in an amount set by resolution of City Council, to defray the City's direct and indirect costs for review of the application. An annual nonrefundable renewal fee will also be charged to defray associated costs of investigation, inspection and enforcement.

(N) Any wireless telecommunications facility that is lawfully constructed, erected, or approved prior to the effective date of the ordinance adopting this section, in compliance with all applicable laws, and which facility conforms to the requirements of this chapter, will be accepted and allowed as a legal nonconforming use. Such facilities must comply at all times with the laws, ordinances, and regulations in effect at the time the application for the facility was deemed complete, and any applicable Federal and State laws as they may be amended or enacted, and must at all times comply with any conditions of approval. Any legal nonconforming facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval; increases or expands the use of the wireless telecommunications facility; or ceases use of the wireless telecommunications facility for more than 90 days will become an illegal nonconforming wireless telecommunications facility and will be subject to removal as set forth in this code.

(O) Application Review.

(1) The timeframe for the City's review of an application begins to run when the application is submitted, but is tolled if the City finds the application incomplete and timely requests the applicant submit additional information to complete the application. The City must make such requests within 30 days of the initial submission of the application. After the applicant submits the additional information, the City must notify the applicant within 10 days of this submission if the additional information failed to complete the application, and the City's timeframe for review is tolled until the additional information is submitted.

(2) The time limits for processing wireless telecommunications applications must comply with Federal and State laws including, without limitation, 47 U.S.C. Section 1455, 47 CFR Section 1.40001 and Government Code Section 69564.1. A City Council resolution memorializing the processing time periods set forth in applicable law may be adopted to ensure timely compliance.

(3) If the City denies a wireless telecommunication facility application, the City will notify the applicant of the denial in writing of the reasons for the denial.

(Ord. 2097 § 3, 2013; Ord. 2141 § 3, 2017)

§ 21.34.030 Wireless Telecommunications Facilities in Public Rights-of-Way.

(A) No person may erect, construct, install, operate, or maintain any wireless telecommunications facility in, on, under, over or above any public right-of-way, except as authorized pursuant to this code.

(B) Permits Required.

(1) In addition to any other requirements to obtain excavation permits or encroachment permits, or both, from the Public Works Director pursuant to this code, no wireless telecommunications facility that does not qualify as a small wireless facility may be erected, constructed, installed, operated, expanded, or maintained in the public right-of-way without a valid wireless telecommunications facility encroachment permit issued pursuant to this code.

(2) Small Wireless Facilities. In addition to any other requirements to obtain excavation permits or encroachment permits, or both, from the Public Works Director pursuant to this code, no small wireless facility may be erected, constructed, installed, operated, expanded, or maintained in the public right-of-way without a valid small wireless facility encroachment permit. Small wireless facility encroachment permits are processed in accordance with the Small Wireless Facility Regulations adopted by City Council resolution. The Small Wireless Facility Regulations are intended to supplement the terms of this chapter. The general terms of this chapter apply to Small Wireless Facilities unless a more specific term is set forth in the SWF Regulations, in which case the more specific term of the Small Wireless Facility Regulations control. For purposes of this chapter, 'Small Wireless Facility' means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.6002(l), as may be amended or superseded.

(C) Exemptions.

(1) Temporary Emergency Use. The Public Works Director may approve a temporary use permit for a temporary emergency use antenna. The temporary use permit must contain conditions for removal of the temporary emergency use antenna as soon as possible after the conclusion of the emergency.

(2) For each wireless telecommunications facility located entirely on private property and in compliance with this code, one utility line extending into the public right-of-way for the sole purpose of supplying power to that wireless telecommunications facility.

(D) Wireless telecommunications facility encroachment permits will be issued by the Public Works Director in a manner consistent with applicable law regarding the physical use and occupation of the public right-of-way and only to applicants who have met all the conditions and requirements of this code and who possess one or more of the following grants of authority to occupy the public right-of-way by showing proof of same through the following valid and current documentation:

(1) A certificate of public convenience and necessity issued by the California Public Utilities Commission, which must expressly state the applicant's authority to provide the facilities-based telecommunications service that the applicant proposes to provide through the proposed wireless telecommunications facility;

(2) A State video service franchise issued by the Public Utilities Commission pursuant to California Public Utilities Code Section 5885; or

(3) A license to provide personal wireless service issued by the Federal Communications Commission.

(E) As part of its wireless telecommunications facility encroachment permit application, the applicant must submit all of the information required in Section 21.34.020(H)(1), except that an alternative site analysis required by Section 21.34.020(H) (1)(k) is only required if the proposed site is within 1,000 feet of any residential zone. The Public Works Director may require review by an independent qualified consultant pursuant to Section 21.34.020(I).

(F) Wireless telecommunications facility encroachment permit applications will be reviewed and decided as follows:

(1) For wireless telecommunications facility encroachment permit applications for sites in preferred locations, the Public Works Director may grant such applications administratively, provided all requirements in this code have been fulfilled including, without limitation, all of the findings required by this chapter.

(2) For wireless telecommunications facility encroachment permit applications for sites which are not preferred locations, the Public Works Director must hold a public hearing, at the applicant's cost and expense, for the purpose of receiving public comments regarding considerations related to the appropriate time, place, and manner of such facility; unless the facility is proposed to be co-located on a base facility which has met the requirements of Government Code Section 65850.6. The Public Works Director will set the matter for public hearing and notify the City Clerk of the hearing date. The City Clerk must provide a public hearing notice in the same manner described in Section 21.32.020(H).

(G) Prior to issuance of a permit, the Public Works Director must make all of the following findings:

(1) All notification requirements have been met.

(2) The proposed use is permitted in the public right-of-way and complies with all applicable provisions of this code.

(3) The proposed wireless telecommunications facility will not interfere with the use of the public right-of-way and existing improvements and utilities thereon.

(4) The proposed wireless telecommunications facility will not physically or visually interfere with vehicular, bicycle, and/or pedestrian use of streets, intersections, bicycle lanes, driveways, sidewalks, and/or walkways.

(5) The proposed wireless telecommunications facility and its location will comply with the Americans With Disabilities Act.

(6) To the maximum extent feasible, the proposed wireless telecommunications facility has been designed to blend with the surrounding area and the facility is appropriately designed for the specific site.

(7) If the proposed wireless telecommunications facility will not be installed at a preferred location, that installation at a preferred location is not feasible.

(8) If the proposed wireless telecommunications facility will be a high visibility wireless telecommunications facility, that a low visibility design for the proposed wireless telecommunications facility is not feasible.

(H) The Public Works Director may impose additional conditions of approval of the wireless telecommunications facility encroachment permit as are necessary to minimize environmental, aesthetic, and public safety impacts, which may include, but are not limited to, requirements that:

(1) The permittee must provide annual certifications of compliance with all applicable State and federal regulations, and with the insurance requirements for encroachments under this code.

(2) The permittee must submit as-built drawings confirming that the wireless telecommunications facility has been constructed in substantial compliance with the visual impact analysis required by this chapter;

(3) The permittee may not use, generate, store or dispose of any hazardous materials on, under, about or within the public right-of-way in violation of any law or regulation.

(I) If the application is denied, the Public Works Director must issue a written denial to the applicant containing an explanation of reason(s) for such denial, citing to substantial evidence contained in the written administrative record.

(J) At the end of construction, use of the wireless telecommunications facility may not commence unless and until the Public Works Director has approved the as-built work as being compliant with all laws, ordinances, regulations, requirements and conditions of the wireless telecommunications facility encroachment permit.

(K) A determination by the Public Works Director to approve, deny, or place certain conditions on a wireless telecommunications facility encroachment permit may be appealed by any person in writing pursuant to the appeal procedures provided in Chapter 4.20 of this code. Such appeal must be in writing and must be filed with the City Clerk before the decision of the Public Works Director becomes final in accordance with this chapter.

(L) The Public Works Director reserves the right to terminate a wireless telecommunications facility encroachment permit at any time upon written notice when he or she determines the public health, welfare or safety would be served by such revocation. Failure to comply with any condition of approval or standards in this section also constitutes ground for revocation of the wireless telecommunications facility encroachment permit. In the event of termination, and if requested in writing by the Public Works Director, permittee must remove its wireless telecommunications facility at its sole expense and all property affected by the placement, maintenance, and removal of the wireless telecommunications facility must be restored to the condition that existed prior to the installation of the wireless telecommunications facility, or as required by the Public Works Director.

(M) All permittees or operators who intend to abandon, discontinue, and/or terminate the use of any encroaching wireless telecommunications facility must notify the City at least 60 days prior to the final day of use. The notification must be in writing, specify the date of termination, and include reference to the applicable wireless telecommunications facilities encroachment permit number.

(1) All wireless telecommunications facilities where operations have been abandoned, discontinued, or terminated, must be physically removed no more than 90 days following the earlier of the final day of use or of determination that the facility has been abandoned, discontinued and/or terminated. By that same time, all components of an abandoned, discontinued and/or terminated wireless telecommunications facility must be removed in accordance with applicable health and safety requirements, at permittee's sole expense and responsibility. The site upon which the wireless telecommunications facility is located must be restored to the condition that existed prior to the installation of the wireless telecommunications facility, or as required by the Public Works Director.

(2) At any time after 90 days following the abandonment, discontinuation, and/or termination of the use or operation of a wireless telecommunications facility, the Public Works Director may remove the wireless telecommunications facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as he or she deems appropriate. The City may, but is not required to, store the removed wireless telecommunications facility or any part thereof. The permittee, and all prior owners and operators of the wireless telecommunications facility, are jointly and severally liable for the entire cost of such removal, repair, restoration, and storage, and must remit payment to the City promptly after demand for payment is made. The City may, in lieu of storing the removed wireless telecommunications facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(N) Permittee must modify, remove, or relocate its wireless telecommunications facility, or portion thereof, without cost or expense to the City, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including, without limitation, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the City or any other public agency. The modification, removal, or relocation of a wireless telecommunications facility must be completed within 90 days of notification by the City, unless the City requires a shorter period based on circumstances of the project. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole expense of permittee. In the event of an emergency, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee, provided permittee is notified within a reasonable period thereafter.

(O) All work and entry upon, over, under, or along the public right-of-way performed in connection with the installation, maintenance, and/or removal of a wireless telecommunications facility must be conducted under the supervision of the Public Works Director, must be performed in a good and skillful manner, and must comply with all applicable City rules, regulations and standards. As a condition of approval of a wireless telecommunications facility encroachment permit, a permittee must agree to repair, at its sole cost and expense, any damage (including, without limitation, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to City streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation, maintenance, or both, of a wireless telecommunications facility. In the event permittee fails to complete repairs within the number of days stated on a written notice by the Public Works Director, the Public Works Director may cause said repair to be completed and may invoice the permittee for all costs incurred by the City related to the repair.

(P) No wireless telecommunications facility encroachment permit application which has been denied in whole or in part may be filed again within six months from the date of such denial, except by permission of the Public Works Director or upon proof of changed conditions accepted by the Public Works Director.

(Q) If a permittee proposes any modifications to any wireless telecommunications facility encroachment permit after the permit is granted, the permittee must submit an application to the Department of Public Works for consideration. The City may not accept or process that application until the permittee first: (1) demonstrates the existing wireless telecommunications facility's compliance with all applicable local requirements; and (2) certifies that the existing wireless telecommunications facility complies with all applicable State and federal requirements. The Public Works Director must approve the modification if it does not substantially change the physical dimensions of the existing wireless telecommunications facility, does not increase the height or bulk of the wireless telecommunications facility or accessory wireless equipment, and does not change the location of such equipment or facilities.

(R) Unless otherwise required by California Government Code Section 65964(b), and as that section may be hereafter amended, a wireless telecommunications facility encroachment permit may not have a duration longer than 10 years.

(S) A permittee may not assign or transfer any interest in its wireless telecommunications facility encroachment permit without the prior written consent of the City, in the City's sole discretion. All costs associated with the City's review of a request for assignment or transfer are the responsibility of the permittee, which must promptly reimburse City for the cost of the review.

(Ord. 2097 § 3, 2013; Ord. 2128 § 2, 2016; Ord. 2213 § 3, 2021)

§ 21.34.040 Wireless Telecommunications Development Standards.

Unless the applicant demonstrates that compliance with the following development and design standards is not reasonably feasible without depriving applicant of its rights under State and/or Federal law, all wireless telecommunications facilities except for co-located facilities on which the base facility meets the requirements of California Government Code Section 65850.6 must be planned, designed, located, erected, operated, and maintained in accordance with the following standards:

(A) General Wireless Telecommunications Facilities Standards.

(1) All wireless telecommunications facilities must comply with all development standards within the applicable zoning district of the subject site.

(2) All wireless telecommunications facilities and accessory wireless equipment must comply with the City's noise regulations as set forth in Chapter 9.53.

(3) All wireless telecommunications facilities must employ camouflage design techniques to minimize visual impacts and provide appropriate screening. These techniques must be employed to make the installation, operation and appearance of the facility as visually inconspicuous as possible, to prevent the facility from visually dominating the surrounding area, and to hide the installation from predominant views from surrounding properties. Depending on the proposed site and surroundings, certain camouflage design techniques may be deemed by the City as ineffective or inappropriate and alternative techniques may be required.

(4) Height requirements must be as specified within each respective zoning district or as approved by the Planning Commission.

(B) Standards for Building and Structure Mounted Installations.

(1) Screening materials must be matched in color, size, proportion, style, and quality with the exterior design and architectural character of the building or structure and the surrounding visual environment.

(2) Facility components, including all antenna panels, may be mounted either inside the building or structure, or behind the proposed screening elements, or on the exterior face of the building or structure.

(3) All antenna panels and accessory wireless equipment mounted on the exterior of the building or structure must be painted or otherwise coated to match the predominant color of the mounting building or structure.

(4) When required by the City, antenna panels must be located and arranged on the building or structure so as to replicate the installation and appearance of the equipment already mounted to the building or structure.

(C) Standards for Monopole Installations.

(1) Monopole installations must be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

(2) All antenna components and accessory wireless equipment must be treated with exterior coatings of a color and texture to match the predominant visual background and/or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors must be used.

(3) The City Planner, Public Works Director, or other approving agency may require additional measures designed to camouflage a wireless telecommunications facility, including converting the monopole to a Class 7 antenna, thereby placing the facility entirely within a vertical screening structure. Suitable architectural features include, but are not limited to, clock towers, bell towers, icon signs, lighthouses, or windmills. All facility components, including the antennas, must be mounted inside said structure.

(4) The camouflage design techniques employed must result in an installation that either will blend in with the predominant visual backdrop or will disguise the facility.

(D) Standards for Miscellaneous Installations.

(1) A monorock or monoshrub installation will be considered properly screened provided that it is located in a setting that is compatible with the proposed screening method. For a monoshrub, other vegetation comparable to that replicated in the proposed screen must be prevalent in the immediate vicinity of the wireless telecommunications facility site and the addition of new comparable living vegetation may be necessary to enhance the monoshrub screen. For a monorock, the proposed screen must match in scale and color other rock outcroppings in the general vicinity of the proposed site. A monorock screen may not be considered appropriate in areas that do not have natural rock outcroppings.

(2) Class 2 antenna installations must use screening methods similar to those used on the existing wireless telecommunications facilities. Use of other appropriate screening methods may be considered.

(3) Temporary Class 3 antenna installations of less than 30 days duration may not require screening to reduce visual impacts depending on the setting of the proposed site. If screening methods are determined to be necessary, the appropriate screening methods will be determined through the wireless telecommunications facilities permit process.

(E) Standards for Accessory Wireless Equipment. All accessory wireless equipment must be screened. The following is a menu of potential screening techniques that should be utilized based on the type of installation:

(1) Accessory wireless equipment for building mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for roof-mounted facilities must be of a quality and design that is architecturally integrated with the design of the building or structure.

(2) Accessory wireless equipment for freestanding facilities, not mounted on a building, may be visually screened by locating the equipment within a nearby building or in an underground vault. For aboveground installations not within a building, screening must consist of walls, landscaping, or walls combined with landscaping to effectively screen the facility at the time of installation. All wall and landscaping materials must be selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.

(3) All accessory wireless equipment must be placed and mounted in the least visually obtrusive feasible location.

(F) Additional Design Regulations for All Antennas.

(1) All camouflaged wireless telecommunications facilities must be designed to visually and operationally blend into the surrounding area in a manner that achieves compatibility with the community. The wireless telecommunications facility must also be appropriate for the specific site (i.e., it should not "stand out" from its surrounding environment, such as a faux tree standing alone in a field or standing at a greater height [five feet or more] than other trees on the site).

(2) No wireless telecommunications facilities may be allowed on or in any building or structure that is listed or eligible for listing on any federal, State or local historical register or City-approved survey or in any federal, State or local historic district, unless it is determined by the City that the wireless telecommunications facility will have no adverse effect on the historic character of the building, structure or historic district, or its eligibility for historic designation.

(3) In cases where the wireless telecommunications facility site is visible from a freeway or a major arterial roadway, as identified in the General Plan, the wireless telecommunications facility must be designed and located in such a manner as to avoid adverse impacts on traffic safety. Such locations must use design methods such as, without limitation, type of facility, camouflaging, screening and landscaping. No portion of any wireless telecommunications facility may extend into the public right-of-way without any and all permits required by this code.

(4) Façade mounted antennas must be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas may be required to be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Any newly-created architectural features must be located, proportioned and designed to be properly integrated into the building design. Façade mounted antennas must not extend more than 24 inches out from the building face, and no cables or antenna mounting brackets or any other associated equipment or wires may be visible above, below, or to the side of the antennas.

(5) All wireless telecommunications facilities must be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, landscaping with native species, whenever feasible, and camouflage, and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant must use the least visible antennas possible to accomplish the coverage objectives.

(6) Colors and materials for facilities must be non-reflective and chosen to minimize visibility. wireless telecommunications facilities, including accessory wireless equipment, must be painted or textured using colors to match or blend with the primary background. All equipment cabinets visible to the public must be treated with a graffiti-resistant coating.

(7) No signs, striping, graphics or other attention getting devices are permitted on a transmission tower or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet per sign. Such signage must be affixed to a fence or ancillary facility and the number of signs is limited to no more than two unless a greater number is required by law.

(8) Roof mounted antennas must be constructed at the minimum height possible to serve the operator's service area and must be set back as far from the edge of the building as possible or otherwise screened to minimize their visibility.

(9) In cases where the wireless telecommunications facility site is proposed to be located in a City park, the wireless telecommunications facility must be designed and located in such a manner as to avoid adverse visual impacts. Such locations must use design methods such as, without limitation, type of facility, camouflaging, screening and landscaping.

(10) The use of chain link fences for security of equipment is permitted only if the fence is fully screened by landscaping that is maintained by the permittee and is not otherwise prohibited in this code. Slats do not satisfy the requirement for screening. Every wireless telecommunications facility and antenna support structure must be protected against unauthorized climbing or other access by the public. Barbed wire fencing or razor wire fencing is prohibited.

(11) Each wireless telecommunications facility and any associated equipment cabinets must be identified by a permanently installed plaque or marker, no larger than four inches by six inches, clearly identifying the addresses, email contact information, and 24 hour local or toll-free contact telephone numbers for both the permittee and the agent responsible for the maintenance of the wireless telecommunications facility. Such information must be updated in the event of a change in the permittee, the agent responsible for maintenance of the wireless telecommunications facility, or both.

(12) Antenna lighting is prohibited in all zones. Beacon lights will not be permitted unless required by the Federal Aviation Administration and, if so, must be included when calculating the height of the facility. Beacon lights must be of a type that minimizes downward illumination.

(13) Wireless telecommunications facilities sited on mountainous terrain must blend with the surrounding existing and man-made environment to the maximum extent possible and a finding must be made that no other location is reasonably, legally, or technically feasible.

(G) Maintenance.

(1) All graffiti on any components of the wireless telecommunications facility must be removed promptly.

(2) All landscaping required for the wireless telecommunications facility must be maintained at all times and must be promptly replaced if not successful.

(3) If a flagpole is used for camouflaging a wireless telecommunications facility, flags must be flown and must be properly maintained at all times. The use of the United States flag must comply with the provisions of the United States Flag Code, 4 U.S.C. Section 6 et seq.

(4) All wireless telecommunications facility sites must be kept clean and free of litter.

(H) Safety and Monitoring Standards.

(1) A permittee must ensure that its wireless telecommunications facilities comply with the most current regulatory and operational standards at all times. These include, without limitation, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration. A permittee must obtain and maintain the most current information from the Federal Communications Commission regarding allowable radio frequency emissions and all other applicable regulations and standards. At the following indicated times, a permittee must file a report with the City Planner, Public Works Director, or approving agency indicating whether permittee is in compliance with such standards, advising such entity of any regulatory changes that require modifications to the wireless telecommunications facilities, and advising such entity of the measures taken by the permittee to comply with such regulatory changes as follows:

(a) Prior to the commencement of the installation of the wireless telecommunications facility;

(b) Each year on the anniversary of the submittal of the initial compliance report; and

(c) Upon any proposed increase of at least 10% in the effective radiated power or any proposed change in frequency use.

Both the initial and update certifications must be reviewed and approved by the City. At the City Planner, Public Works Director, or approving agency's sole discretion, a qualified independent radio frequency engineer, selected by and under contract to the City, may be retained to review said certifications for compliance with Federal Communications Commission regulations. All costs associated with the City's review of these certifications are the responsibility of the permittee, which must promptly reimburse City for the cost of the review.

(2) Public access to a wireless telecommunications facility must be restricted. Security measures may include fencing, screening, and security signage, as deemed appropriate by the City Planner or Public Works Director.

(3) Safety lighting or colors, if prescribed by the City Planner, Public Works Director, or other approving agency including, without limitation, the Federal Aviation Administration, may be required for antenna support structures. Safety lights must be of a type that minimizes downward illumination.

(I) Upon assignment or transfer of an authorization to operate a wireless telecommunications facility or any of the rights under that authorization, the owner or operator must, within 30 days, provide written notice to the City Planner or Public Works Director (if located on public property or the public right-of-way) of the date of transfer and the identity of the transferee.

(Ord. 2097 § 3, 2013)