The purpose of this chapter is two-fold: (A) to implement within
the jurisdictional boundaries of the city the applicable zoning, land
use and other laws, rules, regulations and policies and procedures
applicable to siting applications filed with the city by wireless
communications facilities infrastructure owners and operators and
wireless communications service providers, which seek to install or
attach their facilities at locations in Lathrop; and (B) to accommodate
new wireless technologies and continued improvements to existing wireless
communications facilities while minimizing their adverse visual and
structural health and safety impacts. Consistent with that purpose,
the provisions of this section are to be construed in a manner that
is consistent with: (1) the interest of consumers in receiving the
benefits of the deployment of ultra-high-speed and high-capacity broadband
wireless communication facilities technology and innovations and the
delivery of ultra-high-speed and high-capacity broadband wireless
communications facilities services; (2) the interest in safeguarding
the environment, and addressing aesthetics and other local values;
and (3) the interest in promoting the public health, safety and welfare
in Lathrop.
A wireless communications facility is permitted to be sited
in Lathrop subject to applicable requirements imposed by this chapter,
which includes a site plan review process, and a conditional use permit.
These processes are intended to permit wireless communications facilities
that blend with their existing surroundings and do not negatively
impact the environment, historic properties, or public safety. The
procedures prescribed by this chapter are tailored to the type of
wireless communication facility that is sought. Building-mounted wireless
communications facilities and collocation of facilities are preferred
and encouraged, subject to all other provisions of this chapter.
(Ord. 16-369 § 1; Ord. 22-431 § 1)
The following abbreviations, phrases, terms and words shall have the meanings assigned in this section or, as appropriate, in Section 17.04.080 and Section 1.04.050 of the Lathrop Municipal Code, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Lathrop Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning.
means a wireless antenna and its associated equipment. The
term includes a macrocell antenna and a microcell antenna.
means any and all on-site equipment, including, without limitation,
back-up generators and power supply units, cabinets, coaxial and fiber
optic cables, connections, shelters, radio transceivers, regular power
supply units, and wiring, to which a wireless antenna is attached
in order to facilitate mobile broadband service and personal wireless
service delivered on mobile broadband devices.
means the same as defined by FCC in 47 C.F.R. Section 1.40001(b)(1),
as may be amended, which defines that term as follows:
A structure or equipment at a fixed location that enables
[FCC]-licensed or authorized wireless communications between user
equipment and a communications network. The term does not encompass
a tower as defined in [47 C.F.R. Section 1.40001(b)(9)] or any equipment
associated with a tower.
The term includes, but is not limited to, 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.
The term includes, but is not limited to, 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-cell networks).
The term includes any structure other than a tower that, at
the time the relevant application is filed with the state or local
government of this section, supports or houses equipment described
in subsections 1 and 2 of this section that has been reviewed and
approved under 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 such support.
The term does not include any structure that, at the time the
relevant application is filed with the state or local government under
this section, does not support or house equipment described in subsections
1 and 2 of this section.
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As an illustration and not a limitation, the FCC's definition
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 and transmission towers, light standards or traffic
signals. A structure without wireless equipment replaced with a new
one designed to bear additional weight from wireless equipment constitutes
a base station.
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means 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]
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.
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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 operations
in the same location.
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means any request for modification of an existing tower or
base station that, within the meaning of the Spectrum Act, does not
substantially change the physical dimensions of that tower or base
station, and involves: (1) the collocation of new transmission equipment;
(2) the removal of transmission equipment; or (3) the replacement
of transmission equipment.
means any existing tower or base station that exists at the
time the application is filed with the city.
for a constructed tower or base station, means that the tower
or base station has been previously reviewed and approved under the
applicable city zoning or siting process, or under another applicable
state or local regulatory review process, provided that a tower 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 definition.
means the Federal Communications Commission or successor
agency.
means a wireless communication facilities to be located in
Lathrup for which a permit is required by the city.
means radio frequency on the radio spectrum.
means Section 6409(a) of the Middle Class Tax Relief Act
and Job Creation Act of 2012, 47 U.S.C. Section 1455(a) (providing,
in part, "… a State or local government may not deny, and shall
approve, any Eligible Facilities Request for a modification of any
existing wireless Tower or Base Station that does not substantially
change the physical dimensions of such Tower or Base Station.").
means, in the context of an eligible support structure, a
modification of an existing tower or base station where any of the
following criteria is met:
For a tower not located in the public rights-of-way a substantial
change occurs when:
The height of the tower is increased by: (a) more than 10%,
or (b) by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed 20 feet, whichever
is greater; or
There is added an appurtenance to the body of the tower that
would protrude from the edge of the tower by: (a) more than 20 feet,
or (b) more than the width of the tower at the level of the appurtenance,
whichever is greater.
For a tower located in the public rights-of-way and for all
base stations a substantial change occurs when:
The height of the tower or base station is increased by more
than 10% or 10 feet, whichever is greater; or
There is added an appurtenance to the body of that structure
that would protrude from the edge of that structure by more than six
feet; or
It involves the installation of ground cabinets that are more
than 10% larger in height or overall volume than any other ground
cabinets associated with the structure; or
It involves the installation of any new equipment cabinets on
the ground if there is no pre-existing ground cabinet associated with
that structure.
For any eligible support structure a substantial change occurs
when:
It involves the installation of more than the standard number
of new equipment cabinets for the technology involved, but not to
exceed four cabinets; or
There is entailed in the proposed modification any excavation
or deployment outside of the current site of the tower or base station;
or
The proposed modification would cause the concealment/camouflage
elements of the tower or base station to be defeated; or
The proposed modification would not comply with the conditions
associated with the prior siting approval of construction or modification
of the tower or base station, unless the non-compliance is due to
an increase in height, increase in width, addition of cabinets, or
new excavation that does not exceed the corresponding thresholds in
this section.
To measure changes in height for the purposes of this section,
the baseline is:
For deployments that are or will be separated horizontally,
measured from the original support structure;
For all others, measured from the dimensions of the tower or
base station, inclusive of originally approved appurtenances and any
modifications that were approved by the city prior to the adoption
of the ordinance codified in this chapter.
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To measure changes for the purposes of this section, the baseline
is the dimensions that were approved by the city prior to the adoption
of the ordinance codified in this chapter.
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means the same as defined in FCC 47 C.F.R. Section (b)(9),
as may be amended, which defines that terms as "any structure built
for the sole or primary purpose of supporting any FCC-licensed or
FCC-authorized antenna, including any 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 associate site." Examples include, but are not limited to,
monopoles, mono-trees and lattice towers. This does not include structures
that were installed to replace or collocate upon existing power poles,
light poles, energy transmission towers, or buildings.
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A support structure which is modified or replace to the wireless
use is only a secondary use thereof, even if the transmission equipment
is the only attachment to the support structure.
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means equipment that facilitates transmission of any FCC-licensed
or FCC-authorized wireless communication service.
means any antenna, associated equipment, base station, small
cell system, tower, and/or transmission equipment located in Lathrop.
means, without limitation, all FCC-licensed back-haul and
other fixed wireless services, broadcast, private, and public safety
communication services, and unlicensed wireless services.
(Ord. 16-369 § 1)
A.
A Tier
1 WCF permit shall be required for an eligible facilities request,
as defined in this section.
B.
A Tier
2 WCF permit shall be required for:
C.
A Tier
3 WCF permit shall be required for the siting of any WCF that is not
a collocation subject to a Tier 1 or 2 WCF permit.
(Ord. 16-369 § 1)
All applications for a WCF permit shall include the following
items:
A.
Any
applicant for a WCF permit shall participate in an intake meeting
with the community development department to file an application to
determine the type of review required;
B.
The
applicant must specify in writing whether the applicant believes the
application is for an eligible facilities request subject to the Spectrum
Act, and if so, provide a detailed written explanation as to why the
applicant believes that the application qualifies as an eligible facilities
request;
C.
The
applicant shall complete the city's standard application form, as
may be amended from time to time;
D.
The
applicant shall include a completed and signed application checklist
available from the city, including all information required by the
application checklist;
E.
Payment
of the fee prescribed by the municipal fee schedule;
F.
For
Tier 3 WCF permits, the plans shall include a scaled depiction of
the maximum permitted increase in the physical dimensions of the proposed
project that would be permitted by the Spectrum Act, using the proposed
project as a baseline; and
G.
Satisfy
other such requirements as may be, from time to time, required by
the community development director ("director"), as publically stated
in the application checklist.
(Ord. 16-369 § 1)
A.
City
Review of Application Materials. The timeframe for review of an application
shall begin to run when the application is submitted, but shall be
tolled if the city finds the application incomplete and provides notice
of incompleteness that delineates the missing information in writing.
Such requests shall be made within 30 days of submission of the application.
After submission of additional information, the city will notify the
applicant within 15 days of this submission if the additional information
failed to complete the application. If the city makes a determination
that an application submitted as a Tier 1 eligible facilities request
should be processed as a Tier 2 or Tier 3, then the Tier 2 or Tier
3 processing time, as applicable, shall begin to run when the city
issues this decision.
B.
Tier
1 processing time. For Tier 1 WCF permit applications, the city will
act on the WCF application, together with any other city permits required
for a proposed WCF modification, within 60 days, adjusted for any
tolling due to requests for additional information or mutually agreed
upon extensions of time.
1.
If
the city determines that the application does not qualify as a Tier
1 eligible facilities request, the city will notify the applicant
of that determination in writing and will process the application
as a Tier 2 or Tier 3 WCF permit application, as applicable.
2.
To the extent federal law provides a "deemed granted" remedy for Tier 1 WCF permit applications not timely acted upon by the city, no such application shall be deemed granted until the applicant provides notice to the city, in writing, that the application has been deemed granted after the time period provided in subsection (B)(2) above has expired.
3.
Any
Tier 1 WCF permit application that the city grants or that is deemed
granted by operation of federal law shall be subject to all requirements
of this chapter.
C.
Tier
2 Processing Time. For Tier 2 WCF permit applications, the city will
act on the application within 90 days, adjusted for any tolling due
to requests for additional information or mutually agreed upon extensions
of time.
D.
Tier
3 Processing Time. For Tier 3 WCF permit applications, the city will
act on the application within 150 days, adjusted for any tolling due
to requests for additional information or mutually agreed upon extensions
of time.
E.
Denial
of Application. If the city denies a WCF application, the city will
notify the applicant of the denial in writing of the reasons for the
denial.
To promote efficient review and timely decisions, an application
will be automatically deemed withdrawn when an applicant fails to
tender a substantive response within 60 days after the city deems
the application incomplete as set forth in a written notice to the
applicant. The director may in the director's discretion grant a written
extension for up to an additional 30 days upon a written request for
extension received prior to the sixtieth (60th) day. The director
may grant further written extensions only for good cause, which includes
circumstances outside of the applicant's reasonable control.
(Ord. 16-369 § 1)
A.
A Tier
1 WCF permit shall be reviewed by the director. The director's decision
shall be final and may be appealable pursuant to the procedures set
forth in Chapter 17.108.050;
B.
The
director shall grant a Tier 1 WCF permit provided that the director
finds that the applicant proposes an eligible facilities request;
and the proposed collocation or modification does not defeat any existing
concealment elements of the support structure.
(Ord. 16-369 § 1)
A.
A Tier 2 WCF permit shall be reviewed by the director. The director's decision shall be appealable pursuant to the procedures set forth in Section 17.108.050.
C.
The
director, or planning commission on appeal, shall deny a Tier 2 WCF
permit if the above findings cannot be made.
(Ord. 16-369 § 1)
A.
A Tier 3 WCF permit shall be reviewed by the planning commission as part of a site plan review and conditional use permit. If denied by the planning commission, applicant may appeal to city council for reconsideration pursuant to Section 17.100.070.
B.
The council on appeal shall grant a Tier 3 WCF permit provided the proposed WCF complies with the development standards in Section 17.97.090 and the conditions of approval in Section 17.97.100, and all of the site plan review findings in Chapter 17.100 and the conditional use permit findings in Chapter 17.112 can be made.
C.
Planning
commission or city council on appeal, shall deny a Tier 3 WCF permit
if the above findings cannot be made.
(Ord. 16-369 § 1; Ord. 22-431 § 1)
Except as otherwise provided in this section, a proposed WCF
project shall comply with the following standards:
A.
Shall
utilize the smallest footprint possible;
B.
Shall
be designed to minimize the overall height, mass, and size of the
cabinet and enclosure structure;
C.
Shall
be architecturally compatible with the existing site;
D.
Shall
be placed at a location that would not require the removal of any
required landscaping or would reduce the quantity of landscaping to
a level of noncompliance with the Zoning Code;
E.
An
antenna, base station, or tower shall be designed to minimize its
visibility from off-site locations and shall be of a "camouflaged"
or "stealth" design, including concealment, screening, and other techniques
to hide or blend the antenna, base station, or tower into the surrounding
area;
F.
A building-mounted
antenna, base station, or tower shall be architecturally compatible
with the existing building on which the antenna, base station, or
tower is attached;
G.
Mechanical
equipment shall be screened from public view.
H.
Except
as otherwise permitted by the Spectrum Act, a building-mounted WCF
may extend 15 feet beyond the permitted height of the building in
the zone district;
I.
Except
as otherwise permitted by the Spectrum Act, a tower or other stand-alone
Tier 3 WCF project shall not exceed 65 feet in height; and
J.
A tower
or other stand-alone Tier 3 WCF may encroach into the interior/street
side and rear setback.
(Ord. 16-369 § 1)
In addition to any other conditions of approval permitted under
federal and state law and this code that the director deems appropriate
or required under this code, all WCF projects approved under this
chapter, whether approved by the director or deemed granted by operation
of law, shall be subject to the following conditions of approval:
A.
Permit
Conditions. The grant or approval of a WCF Tier 1 permit shall be
subject to the conditions of approval of the underlying permit, except
as may be preempted by the Spectrum Act.
B.
As-Built
Plans. The applicant shall submit to the director an as-built set
of plans and photographs depicting the entire WCF as modified, including
all transmission equipment and all utilities, within 90 days after
the completion of construction.
C.
Applicant
shall hire a radio engineer licensed by the state of California to
measure the actual radio frequency emission of the WCF and determine
if it meets FCC's standards. A report, certified by the engineer,
of all calculations, required measurements, and the engineer's findings
with respect to compliance with the FCC's radio frequency emission
standards shall be submitted to the planning division within one year
of commencement of operation.
D.
Indemnification.
To the extent permitted by law, the applicant shall indemnify and
hold harmless the city, its city council, its officers, employees
and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside or void, any permit
or approval authorized hereby for the project, including (without
limitation) reimbursing the city for its actual attorneys' fees and
costs incurred in defense of the litigation. The city may, in its
sole discretion and at Applicant's expense, elect to defend any such
action with attorneys of its own choice.
E.
Compliance
with Applicable Laws. The applicant shall comply with all applicable
provisions of the code, any permit issued under this code, and all
other applicable federal, state and local laws (including without
limitation all building code, electrical code and other public safety
requirements). Any failure by the city to enforce compliance with
any applicable laws shall not relieve any applicant of its obligations
under this code, any permit issued under this code, or all other applicable
laws and regulations.
F.
Compliance
with Approved Plans. The proposed project shall be built in compliance
with the approved plans on file with the community development department.
(Ord. 16-369 § 1)
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF
that ceases to be in use for more than 90 days shall be removed by
the applicant, wireless communications service provider, or property
owner within 90 days of the cessation of use of that WCF. A new WCF
permit shall not be issued to an owner or operator of a WCF or a wireless
communications service provider until the abandoned WCF or its component
is removed.
(Ord. 16-369 § 1)
The director may revoke any WCF permit if the permit holder fails to comply with any condition of the permit. The director's decision to revoke a permit shall be appealable pursuant to the process for site plan review set forth in Chapter 17.100 and the process for conditional use permits set forth in Chapter 17.112.
(Ord. 16-369 § 1)
Any wireless communications facility proposed for placement
on city owned property pursuant to a lease, license, or other agreement
with the city are and shall be exempt from this chapter, but shall
comply with such processing and design standards as are set forth
in such lease, license, or other agreement.
(Ord. 16-369 § 1)
