This Part 7 is known as and may be cited as the "Public Right-of-Way Wireless Communication Facilities Ordinance" of the City of West Hollywood. The purpose of this part is to ensure that residents and businesses in the City of West Hollywood have reliable access to wireless telecommunications networks and state of the art communications services and that installations, modifications, and maintenance of wireless communications facilities (WCF) in the public right-of-way (PROW) are completed in a manner consistent with all applicable laws, are safe, and avoid or mitigate visual, environmental and neighborhood impacts. This part regulates WCF installations in the PROW to the extent allowed by law.
This part also establishes standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of communications facilities in the public right-of-way consistent with applicable state and federal law and FCC regulations.
(Ord. 18-1053 § 4, 2019)
a. 
In General. There shall be a type of encroachment permit entitled a WCF PROW permit, which shall be subject to all of the same requirements as an encroachment permit would under Title 11 of this code in addition to all of the requirements of this part. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this part. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this part.
b. 
Exemptions. This part does not apply to the placement or modification of facilities by the city or by any other agency of the state solely for public safety purposes.
c. 
Other Applicable Requirements. In addition to the WCF PROW permit required herein, the placement of a wireless facility in the PROW requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions.
d. 
Pre-Existing Facilities in the PROW. Any wireless facility already existing in the PROW as of the date of this part's adoption shall remain subject to the provisions of the West Hollywood Municipal Code in effect prior to this part, unless and until an extension of such facility's then-existing permit is granted, at which time the provisions of this part shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this part, rather than the portion(s) of the West Hollywood Municipal Code that it was previously reviewed under.
e. 
Public Use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this part will be subordinate to the city's use and use by the public.
(Ord. 18-1053 § 4, 2019)
a. 
Public Works Director. The Public Works Director or that person's designee is responsible for administering this part. As part of the administration of this part, the Public Works Director may:
1. 
Interpret the provisions of this part;
2. 
Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this part, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
3. 
Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;
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 part;
5. 
Collect, as a condition of the completeness of any application, any fee established by this part;
6. 
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and 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, 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 facilities in the PROW, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
(Ord. 18-1053 § 4, 2019)
a. 
The applicant for a WCF PROW permit shall submit an application on a Director-approved form to the Public Works Department, which may be updated from time to time, and pay any required fee as established by City Council resolution. The application form shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the Public Works Department to make required findings and ensure that the proposed facility will comply with applicable federal and state law, the West Hollywood Municipal Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information necessary to show that applicant is entitled to the WCF PROW permit requested, and must specify whether the applicant believes state or federal law requires action on the application within a specified time period. The Director has the discretion to require applications be submitted by appointment only and to set the frequency and number of appointments that will be granted each day.
b. 
In the event a state or federal law prohibits the collection of any information required by this section, the Director is authorized to omit, modify or add to that request from the city's application form with the written approval of the city attorney, which approval shall be a public record.
c. 
The city acknowledges there are federal and state shot clocks which may be applicable to an application for a proposed wireless telecommunications facility. As such, the applicant is required to provide the city written notice when it believes any applicable shot clock is about to expire, which the applicant shall ensure is received by the city (e.g., overnight mail) no later than 20 days prior to the alleged expiration.
d. 
Pre-Submittal Requests.
1. 
Pre-Submittal. Any person may request a voluntary pre-application consultation/submittal to the city. This consultation is for the person to ask questions, receive guidance on specific requirements of this part, and receive feedback on specific elements to assist in the design of their proposed site. Multiple proposal options may be provided for the same location under one pre-submittal application.
2. 
Pre-submittal application requests shall be made on a Director-approved form, which may be updated from time to time, to the Public Works Department and shall include any required fee as established by City Council resolution for each submittal.
3. 
If a complete pre-application request has been received, the Public Works Director or designee will notify the pre-applicant in writing that the pre-application is complete. The plans shall be reviewed by Public Works Department and routed to other departments which may include Community Development and Public Safety. Comments from all departments will be compiled and sent in a letter to the pre-applicant. The city will make every effort to reply to the pre-application with conceptual review comments in thirty calendar days.
4. 
Once conceptual review comments have been sent to the pre-applicant, the Public Works Department and the pre-applicant may communicate to address comments and resolve issues identified in advance of a WCF PROW permit application being submitted. At the request of the pre-applicant, city staff may conduct site visits with the pre-applicant to address and/or resolve specific issues related to the site. The applicant may request a meeting with city staff to review and discuss conceptual review comments, subject to any applicable fees.
(Ord. 18-1053 § 4, 2019)
An application for a WCF PROW permit may be denied without prejudice if, after it has been processed by the city, the city has sent the applicant a communication requiring a response from the applicant and more than sixty days lapse without a response from the applicant. Once an application has been denied without prejudice it may not be reopened and a new application must be made. No refunds of fees will be provided for applications denied without prejudice pursuant to this section.
(Ord. 18-1053 § 4, 2019)
The application for a WCF PROW permit shall be accompanied by an application processing fee or deposit established by resolution of the City Council. All fees must be paid in full before any permit shall be issued from the city. Application processing fees must be paid at the time that the application is submitted. These fees are for permit processing and issuance only and are in addition to any other applicable fee or any separate payments that may be required for rent of city infrastructure.
Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city by the applicant regardless of the outcome of the application.
(Ord. 18-1053 § 4, 2019)
a. 
The following WCF PROW permit applications are subject to administrative review:
1. 
Routine maintenance to an existing WCF.
2. 
Eligible facilities requests.
b. 
The Director may designate staff to review and approve applications for administrative review. These applications are reviewed at the Public Works counter as an over the counter permit.
c. 
Administrative review approval shall be granted if the Director, or designee, finds that:
1. 
Application is complete;
2. 
The proposed facility meets the definition for the type of activity proposed;
3. 
The proposed facility complies with the requirements of the West Hollywood Municipal Code and all other applicable laws.
d. 
Following administrative review and approval and a WCF PROW permit is issued, the applicant may pursue construction and other permits and inspections as required. The WCF PROW permit issued under this part is not valid without all required construction and other permits and any required license under Section 11.40.280.
(Ord. 18-1053 § 4, 2019)
a. 
The following WCF PROW permit applications are subject to discretionary review:
1. 
Small cell facilities.
b. 
Applications for discretionary review shall require noticing as follows:
1. 
The applicant shall mail a notice, in a form approved by the Director, to all owners of real property as shown on the county's current equalized assessment roll, and all occupants within a radius of three hundred feet from each antenna location being proposed. The notice shall also be mailed to the Public Works Department. The notice shall describe the proposal and the fourteen-day comment period. Following the notice, the applicant shall submit a signed affidavit verifying that the notice has been prepared and mailed in accordance with this section.
2. 
The fourteen-day comment period will run from the postmarked date on the notice received by the Public Works Department. The city will accept comments from the public during this comment period.
c. 
The Director, or designee, is the review authority for discretionary review applications.
d. 
Determination. Following the fourteen-day comment period, the Director shall review the application, pertinent documentation and public comments, and issue a decision and mail it to the applicant and any person that submitted written comments on the application. The following findings are prerequisites of an approval.
1. 
The proposed facility complies with all of the applicable provisions the West Hollywood Municipal Code.
2. 
The proposed facility will not incommode the public use of the PROW.
3. 
The proposed construction plan and schedule will not unduly interfere with the public's use of the PROW.
4. 
The proposed facility will comply with any standards adopted by the Director under Section 11.40.210(a)(2) and (3).
5. 
The proposed facility is in compliance with all federal and state standards and laws.
e. 
The WCF PROW permit issued under this part is not valid without all required traffic control plans, construction and other permits and any required license under Section 11.40.280.
(Ord. 18-1053 § 4, 2019)
Any party may appeal the Director's decision to the City Council within two business days after a determination has been made on the application. The appeal must be submitted in writing on an approved city form to the City Clerk within two business days after the published determination letter and shall state the specific reason for the appeal. In the event that a decision is appealed, the City Clerk shall schedule the appeal for a public hearing and provide the Council with the record of proceedings. The time and date of the appeal hearing before City Council shall be served to the public by the applicant in the same manner as the initial noticing. As Section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, appeals to the Director's decision premised on the environmental effects of radio frequency emissions will not be considered. The filing of a timely appeal shall stay the effectiveness of the decision of the Director of Public Works. Decisions of the City Council on appeals shall be final and not subject to further administrative appeal.
(Ord. 18-1053 § 4, 2019)
The city, as a matter of policy, will negotiate agreements for use of municipal infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the city for use of the structures. The person seeking the agreement shall additionally reimburse the city for all costs the city incurs in connection with its review of, and action upon the person's request for, an agreement.
(Ord. 18-1053 § 4, 2019)
Concurrent with the processing of the WCF PROW permit and any required license, an applicant may begin the process of applying for other required construction and/or traffic control plans or any other permit required by law. These permits shall not be issued until the two-day appeal time has passed, or the decision on the WCF PROW permit becomes final.
(Ord. 18-1053 § 4, 2019)
The owner of the WCF when directed by the city must perform an inspection of the WCF and submit a report to the Public Works Department on the condition of the system to include any identified concerns and corrective action taken. Additionally, as the city performs maintenance on city infrastructure additional maintenance concerns may be identified. These will be reported to the owner of the WCF. The city shall give the applicant 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 part, the owner of the WCF shall sign an affidavit attesting to understanding the city's requirement for performance of annual inspections and reporting.
(Ord. 18-1053 § 4, 2019)
Any permit or other authorized use of the PROW granted under this part may be revoked or modified for cause in accordance with the provisions of this section.
a. 
Revocation proceedings may be initiated by the Director.
b. 
Public Notice, Hearing, and Action. After conducting a duly-noticed public hearing, the Director or designee shall act on the proposed revocation.
c. 
Required Findings. The Director or designee may revoke or modify the permit if he or she makes any of the following findings:
1. 
The permittee obtained the approval by means of fraud or misrepresentation of a material fact;
2. 
The permittee substantially expanded or altered the use or structure beyond what is set forth in the permit or substantially changed the installation's character;
3. 
The use in question has ceased to exist or has been suspended for six months or more;
4. 
Failure to comply with any condition of a permit issued;
5. 
Failure to comply with this part;
6. 
A substantive change of law affecting a utility's authority to occupy or use the PROW or the city's ability to impose regulations relating to such occupation or use;
7. 
A facility's interference with a city project;
8. 
A facility's interference with vehicular or pedestrian use of the PROW;
9. 
Failure to make a safe and timely restoration of the PROW.
d. 
Notice of Action. A written determination of revocation shall be mailed to the WCF owner within ten days of such determination.
e. 
A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal as follows:
1. 
Within fourteen days of the revocation, a written appeal shall be filed with the Director. The appeal must contain a statement of any reasons why the permittee believes that the revocation should be reviewed. The Director shall render a decision within twenty-one days of receipt.
2. 
If the Director denies the appeal, the permittee may file a written notice of appeal with the City Council within twenty-one days of notification of the appeal denial. In addition to containing a statement of any significant factors and/or hardships as well as alternatives explored, the appeal must contain a response to the findings of the Director that resulted in the denial. The appeal shall be conducted in accordance with wireless regulations.
(Ord. 18-1053 § 4, 2019)
a. 
Generally. In addition to any supplemental conditions imposed by the Director or City Council, as the case may be, all permits granted pursuant to this chapter shall be subject to the following conditions, unless modified by the approving authority:
1. 
Code Compliance. 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 rights-of-way and wireless regulations and any standards created as set forth in Section 11.40.210.
2. 
Permit Duration. A WFC PROW permit shall be valid for a period of ten years, unless pursuant to another provision of this code or these conditions, it expires sooner or is terminated. At the end of ten years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a WFC PROW permit must either: (i) remove the facility within thirty days following the permit's expiration (provided that removal of support structure owned by the city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or (ii) at least ninety days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the city and all appeals from the city's decision exhausted.
3. 
Timing of Installation. The installation and construction authorized by a WFC PROW permit 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 WFC PROW permit shall conclude, including any necessary post-installation repairs and/or restoration to the PROW, within thirty days following the day construction commenced.
4. 
Commencement of Operations. The operation of the approved facility shall commence no later than ninety days after the completion of installation, or the wireless encroachment permit will expire without further action by the city.
5. 
As-Built Drawings. The permittee shall submit an as-built drawing within ninety days after installation of the facility. As-builts shall be in an electronic format acceptable to the city.
6. 
Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon forty-eight hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the city. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The city shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within twenty-four hours of doing so.
7. 
Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person.
8. 
Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified in the wireless regulations. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. The permittee shall use its best efforts to provide thirty days' prior notice to the city of the cancellation or material modification of any applicable insurance policy.
9. 
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: (i) 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 (ii) 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 city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.
10. 
Performance Bond. Prior to issuance of a WCF PROW 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 revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred percent of the cost of removal of the facility as specified in the application for the WCF PROW permit or as that amount may be modified by the Director in the WCF PROW 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.
11. 
Adverse Impacts on Adjacent Properties. The 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.
12. 
Noninterference. 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 WCF PROW 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 public right-of-way or city utility easement to be affected by the permittee's facilities.
13. 
No Right, Title, or Interest. The permission granted by a WCF PROW permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in the permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.
14. 
No Possessory Interest. No possessory interest is created by a WCF PROW permit. 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 permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a WCF PROW permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. The permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against the permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
15. 
General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within forty-eight hours after notification from the city.
16. 
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, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET 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.
17. 
Testing. Testing of any equipment shall take place during allowable hours, as may be specified in the application for a WCF PROW permit.
18. 
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.
19. 
Agreement with City. If not already completed, permittee shall enter into the appropriate agreement with the city, as determined by the city, prior to constructing, attaching, or operating a facility on municipal infrastructure. This permit is not a substitute for such agreement.
20. 
Conflicts with Improvements. For all facilities located within the PROW, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.
21. 
Abandonment. If a facility is not operated for a continuous period of six months, the WCF PROW permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the six-month period: (i) the Director has determined that the facility has resumed operations; or (ii) the city has received an application to transfer the permit to another service provider. No later than ninety days from the date the facility is determined to have ceased operation or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within thirty days of the date the removal is completed. If the facility is not removed within thirty days after the permit has been discontinued pursuant to this condition, the site shall be deemed to be a nuisance, and the city may cause the facility to be removed at permittee's expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
22. 
Encourage Co-Location. Where the facility site is capable of accommodating a colocated 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 co-location of third party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
23. 
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.
24. 
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 the permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.
25. 
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 WCF. The city will in all cases, other than emergencies, give the applicant thirty days' written notification of such planned, non-emergency actions.
b. 
Eligible Facilities Requests. In addition to the conditions provided in subsection (a) above and any supplemental conditions imposed by the Director or City Council as the case may be, all permits for an eligible facility requests granted pursuant to this chapter shall be subject to the following additional conditions, unless modified by the approving authority:
1. 
Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
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 a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with 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. 
Small Cell Facilities Requests. In addition to the conditions provided above and any supplemental conditions imposed by the Director or City Council, as the case may be, all permits for a small cell facility granted pursuant to this chapter shall be subject to the following condition, unless modified by the approving authority:
1. 
No Waiver of Standing. The city's grant of a permit for a small cell facility request 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.
(Ord. 18-1053 § 4, 2019)
a. 
Generally. Wireless facilities in the PROW shall meet the minimum requirements set forth in this part and the wireless regulations, and any standards created as set forth in Section 11.40.210 of this part, in addition to the requirements of any other applicable law.
b. 
Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the PROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that 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 part may be waived, but only to the minimum extent required to avoid the prohibition or violation.
c. 
Minimum Standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, 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 rights-of-way; 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 public rights-of-way, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the public rights-of-way, as may be further explained in the wireless regulations and standards created as set forth in Section 11.40.210 of this part.
d. 
The Director or City Council, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this part. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.
(Ord. 18-1053 § 4, 2019)
Each application for an individual node of a DAS WCF shall be submitted simultaneously. Each individual location within the system shall be processed and considered for approval separately. Permitting fees will be applied to each site, in an amount established by City Council resolution. Each location will be evaluated and must comply with the installation design guidelines for the type of site as defined by this part.
(Ord. 18-1053 § 4, 2019)
a. 
A carrier-on-wheels (COW) will be placed in the PROW or city-owned property through a use of an encroachment permit.
b. 
The setup location requested for the COW will be reviewed and at the discretion of the Director of Public Works or designee may be modified to ensure public health and safety.
c. 
The duration of a permit for a COW will be no longer than is necessary to establish the network and provide the temporary coverage required by the event or emergency.
d. 
At the discretion of the Director or designee, the permit may be revoked or modified when in the best interest of the city.
(Ord. 18-1053 § 4, 2019)
In establishing the rights, obligations and conditions set forth in this part, it is the intent of the city to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.
(Ord. 18-1053 § 4, 2019)