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. 1158-19 § 5; Ord. 1159-19 § 5)
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.
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.
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.
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:
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.
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).
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.
"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."
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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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means an analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
means the city of Lawndale.
means the Lawndale Municipal Code.
bears the following meanings:
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
For all other purposes, the same as defined in 47 C.F.R. 1.6002(g)(1)
and (2), as may be amended, which defines that term as: (1) Mounting
or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
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).)
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.
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.
means any request for modification to an existing eligible
support structure that does not substantially change the physical
dimensions of such structure, involving:
Collocation of new transmission equipment;
Removal of transmission equipment;
Replacement of transmission equipment (replacement does not
include completely replacing the underlying support structure); or
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.
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.
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.
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.
means wireless telecommunications facility(ies).
means the Federal Communications Commission.
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.
means an open framework structure used to support one or
more antennas, typically with three or four support legs.
includes any facility which in whole or in part, itself or
as part of another structure, rests upon, in, over or under the PROW.
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.
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).
means attached or supported.
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.
means any person or entity granted a WTFP pursuant to this
chapter.
shall have the same meaning as set forth in 47 United States
Code Section 332(c)(7)(C)(i).
means the director of planning, or his or her designee.
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.
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.
means the director of public works, or his or her designee.
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.
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.
In the context of determining whether an 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.
means radio frequency.
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.
means a network of small cells.
means Section 6409(a) of the Middle Class Tax Relief Act
and Job Creation Act of 2012, 47 U.S.C. Section1455(a).
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 is
a "substantial change" to the physical dimensions of an eligible support
structure if it does any of the following:
It increases the height of the structure by more than ten percent
or more than ten feet, whichever is greater;
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;
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;
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;
It defeats the concealment or stealthing elements of the eligible
support structure; or
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 noncompliant only in a manner that would
not exceed the thresholds identified in paragraphs 1 through 4 of
this definition.
For all proposed collocations and modifications, a substantial
change occurs when:
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;
The proposed collocation or modification would defeat the concealment
elements of the support structure; or
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.
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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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means a tower, pole, base station or other structure used
to support a wireless telecommunications facility.
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:
The facility(ies):
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
Is mounted on an existing or proposed structure no more than
ten percent taller than other adjacent structures, or
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;
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;
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;
The facility does not require antenna structure registration
under 47 C.F.R. Part 17;
The facility is not located on Tribal lands, as defined under
Title 36 C.F.R. Section 800.16(x); and
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).
means those regulations adopted by the city council (City
Council Policy 103-19) implementing the provisions of this chapter
applicable to SWFs and further regulations and standards applicable
to SWFs.
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.
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.
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.
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:
Government-owned and operated telecommunications facilities.
Emergency medical care provider-owned and operated telecommunications
facilities.
Mobile services providing public information coverage of news
events of a temporary nature.
Any wireless telecommunications facilities exempted from this
code by federal law or state law.
means the provision of services using a wireless telecommunications
facility or a collocation facility, and shall include, but not be
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.
means a "wireless telecommunications facility permit" required
by this chapter, which may be categorized as either a Major WTFP or
an Administrative WTFP.
(Ord. 1158-19 § 5; Ord. 1159-19 § 5)
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:
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;
2.
OTARD
antennas;
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. 1158-19 § 5; Ord. 1159-19 § 5)
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:
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.
1.
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. 1158-19 § 5; Ord. 1159-19 § 5)
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 an 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 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
Submittal Appointment. All WTFP applications must be submitted to
the public works director at a pre-scheduled application submission
appointment. City staff will endeavor to provide applicants with an
appointment within five business days after receipt of a written request.
A WTFP application will only be reviewed upon submission of a complete
application therefor.
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.
The
Administrative WTFP applicant shall submit a mailing list and envelopes,
stamped and addressed, for all properties and record owners of properties
within three hundred feet of the project location. Insufficient postage
and/or illegible addressing shall be a basis to deem the application
incomplete.
10.
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 8.20 (Noise Control) 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.
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Any other information and/or studies reasonably determined to
be necessary by the public works or planning director(s) may be required.
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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 subsection
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 subparagraph,
"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. 1158-19 § 5; Ord. 1159-19 § 5)
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:
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
WTFPs. Notice of a WTFP application for an SWF shall be mailed to
owners and occupants of real property surrounding the proposed SWF
site in the manner specified in the SWF regulations. Applications
qualifying for eligible facilities requests shall not require notice.
2.
Major
WTFP Applications. Any Major WTFP application shall require notice
and a public hearing before the planning commission. Notice of such
hearing shall be provided in accordance with Government Code Section
65091. 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 SWF's 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 the decision and explanation
of how that right may be exercised; and
d.
To be given by first class mail to:
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.
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. 1158-19 § 5; Ord. 1159-19 § 5)
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 12.60.060 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 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 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.
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 12.60.080 is granted.
b.
Utility Poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section 12.60.080 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 12.60.080 shall be required to erect any new support structure (non-eligible 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 not adversely impact any public
view corridors, and 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 12.60.080 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.
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. 1158-19 § 5; Ord. 1159-19 § 5)
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:
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 any provision
in this chapter for a Major WTFP 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. 1158-19 § 5; Ord. 1159-19 § 5)
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:
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 of the
city's defense.
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 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 WTFP or 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;
2.
General
dirt and grease;
3.
Chipped,
faded, peeling, and cracked paint;
4.
Rust
and corrosion;
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
Americans 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 8:30 a.m. and 4:30 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. 1158-19 § 5; Ord. 1159-19 § 5)
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. 1158-19 § 5; Ord. 1159-19 § 5)
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 acknowledge 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. 1158-19 § 5; Ord. 1159-19 § 5)
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. 1158-19 § 5; Ord. 1159-19 § 5)
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:
1.
Litigation;
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. 1158-19 § 5; Ord. 1159-19 § 5)
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:
1.
Prosecution;
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 pick-up 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. 1158-19 § 5; Ord. 1159-19 § 5)
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. 1158-19 § 5; Ord. 1159-19 § 5)
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. 1158-19 § 5; Ord. 1159-19 § 5)
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. 1158-19 § 5; Ord. 1159-19 § 5)
