(a)
The purpose of this chapter is to promote and protect the public
health, safety and welfare, preserve the aesthetic character of the
Ojai community, and to reasonably regulate the development and operation
of wireless communication facilities within the City to the extent
permitted under State and Federal law.
(b)
This chapter establishes clear guidelines and standards and an orderly
process for expedited permit application review intended to facilitate
the orderly deployment of wireless transmission equipment to provide
advanced communication services to the City, its residents, businesses,
and community at large.
(c)
The regulations in this City are specifically not intended to, and
shall not be interpreted or applied to: (1) prohibit or effectively
prohibit the provision of personal wireless services; (2) unreasonably
discriminate among functionally equivalent service providers; or (3)
regulate wireless communications facilities and wireless transmission
equipment on the basis of the environmental effects of radio frequency
emissions to the extent that such emissions comply with the standards
established by the Federal Communications Commission hereinafter also
referred to as "FCC."
(d)
This chapter shall be interpreted and applied so as to be consistent
with the Telecommunications Act of 1996, Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012, applicable State laws,
and administrative and court decisions and determinations relating
to same.
(§ 3, Ord. 851, eff. April 10, 2015)
means the equipment and non-tower supporting structure at
a fixed location that enable FCC-licensed or authorized wireless communications
between user equipment and a communications network.
means the 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.
means the City of Ojai Community Development Director, or
designee of the Director.
means any transmission or other equipment other than an antenna
housed within a protective case. An equipment cabinet may be indoors
or outdoors, large or small, movable or immovable. Any equipment case
with a heat sink or other cooling mechanism for the equipment inside
qualifies as an equipment cabinet.
means any structure (whether built for wireless purposes
or not) that supports wireless transmission equipment under a valid
permit at the time the applicant submits its application.
means a wireless communication facility designed and constructed
to be integrated into a building or other structure, or placed on
or within a building or other structure, so that no portion of any
equipment cabinet, transmission equipment, or any other apparatus
associated with facility's function is visible from publicly accessible
areas.
means any equipment that facilitates transmission for any
FCC-licensed or authorized wireless communication service, including
radio transceivers, antennas and other relevant equipment associated
with and necessary to their operation, including coaxial or fiber-optic
cable, and regular and backup power supply.
means any FCC-authorized wireless communications service.
means any facility that transmits and/or receives electromagnetic
waves, including commercial wireless communications antennas and other
types of transmission equipment for the transmission or receipt of
such signals, towers or similar structures supporting said equipment,
equipment cabinets and connectors, pedestals, meters, tunnels, vaults,
splice box, surface location marker, equipment, equipment buildings,
parking areas and other accessory development. The term also means
any facility or transmission equipment used to provide any FCC-authorized
wireless communications service including personal wireless services
defined by the Telecommunications Act of 1996 and licensed by the
FCC, including, but not limited to, the types commonly known as cellular,
personal communications services ("PCS"), specialized mobile radio
("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground
based repeaters for satellite radio services, micro-cell antennas,
distributed antenna systems ("DAS") and similar systems.
means any structure built for the sole or primary purpose
of supporting any FCC-licensed or authorized antennas and their associated
facilities.
(§ 3, Ord. 851, eff. April 10, 2015, as amended by § 185, Ord. 941, eff. November 10, 2023)
This section applies to all wireless facilities and transmission
equipment as follows:
(a)
New facilities. All permit applications received
after the effective date of the ordinance codified in this chapter
must comply with this chapter.
(b)
Changes to existing facilities. All permit applications
which in any manner whatsoever seek approval to modify a previously
approved facility received after the effective date of the ordinance
codified in this chapter must comply with this chapter.
(c)
Exemptions. This section shall not apply to:
(1)
The City of Ojai municipal wireless communications facilities.
(2)
Amateur radios. This section shall not govern any
amateur radio facility that is under 70 feet in height and is owned
and operated by a Federally-licensed amateur radio station operator
or is used exclusively for receive-only antennas.
(3)
Over-the-air receiving devices. This section shall
not govern any over-the-air receiving devices, as defined by the FCC
at 47 C.F.R. Section 1.4000, with a maximum diameter of one meter
(39 inches) for residential installations, and two meters (78 inches)
for nonresidential installations, and designed, installed, and maintained
in compliance with the FCC and the California Public Utilities Commission
(hereinafter referred to as the "CPUC") regulations.
(§ 3, Ord. 851, eff. April 10, 2015)
(a)
Permits. All new facilities and collocations or
modifications to existing facilities shall require a permit in accordance
with this chapter.
(1)
Conditional use permit and design review permit. All new facilities, and collocations or modifications to existing facilities that do not meet the findings of approval for a design review permit in Section 10-14.060(d) through (f), shall be subject to the approval of a conditional use permit in compliance with Article 24 of Chapter 2 and subject to the approval of a design review permit in compliance with Article 20 of Chapter 2.
(2)
Design review permit. All collocations or modifications to existing facilities that meet the findings of approval for a design review permit in Section 10-14.060(d) through (f), shall be subject to a design review permit in compliance with Article 20 of Chapter 2.
(3)
Other required permits and approvals. In addition
to any conditional use permit or design review permit required under
this section, an applicant must also apply for and obtain any separate
permit or approval required for such telecommunication facility under
the City's Municipal Code, including, but not limited to, building,
electrical, and encroachment.
(b)
Permit submittal. All permit applications shall
be submitted by the applicant, in-person, at a priorscheduled appointment
with City staff with all departments that require a permit or other
approval for the proposed project. The City shall endeavor to make
appointment times available within five business days of request.
The applicant should be prepared to discuss the proposed change and
answer questions from staff members to help facilitate the expedited
review by all appropriate departments. No permit application may be
submitted in any other manner, and the acceptance of a permit application
or any partial permit application shall not constitute a waiver of
the requirements under this section. Applicants may submit supplemental
information to a submitted permit application without an appointment.
The Director may waive the required appointment in a signed writing,
with notice to the City Manager.
(c)
Incomplete application notices. In the event that
City staff determines that a permit application does not contain all
the required materials, City staff may issue an incomplete notice
consistent with this subsection:
(1)
City staff may toll the time for review only when it issues an incomplete
notice within the first 30 days after a permit application is submitted,
and only when the incomplete notice specifies the incomplete or missing
information and the publicly available information source that requires
that missing or incomplete information. City staff may issue an incomplete
notice after the first 30 days, but it will not toll the time for
review.
(2)
After an applicant responds to an incomplete notice, City staff may
toll the time for review when it issues a subsequent incomplete notice
within 10 days after the applicant's response (even when the first
30 day period has elapsed); provided, however, that the subsequent
incomplete notice cannot toll the time for review based on an issue
not cited in the first incomplete notice.
(d)
Public notice of applications submitted shall be made following procedures
proposed by the City Manager and approved by Council, in addition
to posting notice of completed applications on the City's website
and at City Hall.
(§ 3, Ord. 851, eff. April 10, 2015)
(a)
Conditional use permit application materials.
(1)
Application fee. An application fee as the City
may establish from time to time to reimburse the City for its costs
to review the permit application.
(2)
Independent consultant deposit. An independent consultant
deposit, if required, as the Director may establish from time to time
to reimburse the City for its costs to retain one or more independent
consultants to review the design review permit application.
(3)
Site plans. Complete and accurate construction-quality
plans drawn to scale, prepared, signed and sealed by a California-licensed
engineer, land surveyor and/or architect, including: (i) plan views
and all four elevations before and after the proposed construction
with all height and width measurements called out; (ii) a depiction
of all proposed transmission equipment; (iii) a depiction of all proposed
utility runs and points of contact; and (iv) a depiction of the leased
or licensed area with all rights-of-way and/or easements for access
and utilities in plan view.
(4)
Visual analysis. A visual analysis that includes:
(i) scaled visual simulations that show unobstructed before-and-after
construction daytime and clear-weather views from at least four angles,
together with a map that shows the location of each view angle; (ii)
a color and finished material palette for proposed screening materials;
and (iii) a photograph of a completed facility of the same or similar
design and in roughly the same setting as the proposed wireless communication
facility, or a statement that no such completed facility exists.
(5)
Statement of Purpose. A clear and complete written
Statement of Purpose shall minimally include: (i) a description of
the technical objective to be achieved; (ii) a to-scale map that identifies
the proposed site location and the targeted service area to be benefitted
by the proposed project; (iii) the estimated number of users in the
targeted service area; and (iv) full-color signal propagation maps
with objective units of signal strength measurement that show the
applicant's current service coverage levels from all adjacent sites
without the proposed site, predicted service coverage levels from
all adjacent sites with the proposed site, and predicted service coverage
levels from the proposed site without all adjacent sites.
(6)
Design justification. A clear and complete written
analysis that explains how the proposed design complies with the applicable
design standards under this chapter to the maximum extent feasible.
A complete Design Justification must identify all applicable design
standards under this chapter and provide a factually detailed reason
why the proposed design either complies or cannot feasibly comply.
(7)
Alternative sites analysis. A clear and complete
written alternative sites analysis that shows at least five technically
feasible and potentially available alternative sites considered, together
with a factually detailed and meaningful comparative analysis between
each alternative candidate and the proposed site that explains the
substantive reasons why the applicant rejected the alternative candidate.
A complete alternative sites analysis may include less than five alternative
sites so long as the applicant provides a factually detailed written
rationale for why it could not identify at least five technically
feasible and potentially available alternative sites.
(8)
Radio frequency emissions compliance report. A written
report, prepared by a qualified engineer, which assesses whether the
proposed wireless communication facility demonstrates planned compliance
with the uncontrolled/general population exposure limits established
by the FCC. The report shall also include a cumulative analysis that
accounts for all emissions from all wireless communications facilities
located on or adjacent to the proposed site, identifies the total
exposure from all facilities, and demonstrates planned compliance
with all maximum permissible exposure limits established by the FCC.
The report shall include a detailed description of all mitigation
measures required under the FCC.
(9)
Structural analysis. A structural analysis, prepared,
signed and sealed by a California-licensed engineer, which assesses
whether the proposed wireless communication facility demonstrates
planned compliance with all applicable building codes.
(10)
Noise study. A noise study, prepared, signed
and sealed by a California-licensed engineer, for the proposed wireless
communications facility and all associated equipment, which shall
include without limitation all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators.
The noise study shall include without limitation the manufacturers'
specifications for all noise-emitting equipment and a depiction of
the proposed equipment relative to all adjacent property lines.
(11)
Collocation consent. A written statement, signed
by a person with the legal authority to bind the applicant and the
project owner, which indicates whether the applicant is willing to
allow other transmission equipment owned by others to collocate with
the proposed wireless communication facility whenever technically
and economically feasible and aesthetically desirable.
(12)
Other published materials. All other information
and/or materials that the City may, from time to time, make publicly
available and designate as part of the application requirements.
(b)
Guidelines and standards in general.
(1)
Location guidelines.
(A)
Collocation preference. Applicants shall collocate
with existing facilities to the extent feasible.
(B)
Preferred locations. To minimize aesthetic
and visual impacts and to the maximum extent feasible, all new telecommunication
facilities shall be located according to the following preferences,
ordered from most-preferred to least-preferred:
(i)
Parcels owned or controlled by the City;
(ii)
Parcels owned or controlled by other governmental
entities;
(iii)
Parcels principally used as a golf course;
(iv)
Parcels or rights-of-way in agricultural zones;
(v)
Parcels or rights-of-way in industrial zones;
(vi)
Parcels or rights-of-way in commercial zones;
(vii)
Parcels or rights-of-way in open space zones;
and
(viii)
Parcels or rights-of-way in residential zones.
(C)
Exception for facilities proposed based on proximity
to residential uses. Notwithstanding the preferences listed
in subsection (b)(1)(B) above, a proposed facility that is not a stealth
facility within 500 feet from a residential use measured from the
nearest point of the proposed facility to the property line of the
parcel inclusive of the residential use shall be defined as a least
preferred location. Notwithstanding the preferences listed in subsection
(b)(1)(B) above, a proposed facility that is a stealth facility within
300 feet from a residential use measured from the nearest point of
the proposed facility to the property line of the parcel inclusive
of the residential use shall be defined as a least preferred location.
(D)
Most strongly disfavored locations. No facility
shall be permitted or constructed in a location where it would:
(2)
Stealth and concealment techniques. All new facilities and substantial changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All ground-mounted outdoor transmission equipment and associated enclosures or shelters shall be screened with concrete walls meeting the requirements of Section 10-2.805 (Fences, walls, hedges, and screening), subsection (f)(2) not less than six feet above ground. No barbed wire, razor wire, or other such similar fences shall be permitted; chain link fences may be permitted only when completely concealed from public view. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind substantially different than the surrounding live trees.
(3)
Landscaping. All facilities shall include a landscaped buffer at least four feet wide outside the perimeter of the ground-mounted equipment. All landscaping shall be maintained in accordance with Title 10, Chapter 2, Article 12 (Landscaping Standards). The Planning Commission may increase, reduce, or waive the required landscaping when it finds that a different requirement would better serve the public interest.
(4)
Height. All new facilities and substantial changes to existing facilities shall comply with the applicable zone height limit as specified in Section 10-2.803 (Height measurement and exceptions).
(5)
Setbacks. All new facilities and substantial changes to existing facilities shall comply with the applicable setback requirements as specified in Section 10-2.804 (Setback measurement and exceptions).
(6)
Lights. Unless otherwise required under Federal Aviation Administration ("FAA") regulations, applicants shall install only timed or motion-sensitive lights and design all lights associated with the wireless communication facility in accordance with Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards).
(8)
Signage. No facilities may bear any signage or advertisement(s)
other than signage required by law or expressly permitted/required
by the City.
(9)
Code compliance. All facilities shall at all times
comply with all applicable Federal, State, and local building codes,
electrical codes, fire codes, and any other code related to public
health and safety.
(c)
Guidelines and standards specific to wireless towers.
(1)
To minimize aesthetic and visual impacts, all new wireless towers
shall be designed in accordance with the preferred designs, ordered
from most-preferred to least-preferred, as follows:
(2)
All wireless towers shall be designed and situated in a manner that
utilizes existing natural or man-made features (including, but not
limited to, topography, vegetation, buildings, or other structures)
to visually conceal the wireless tower to the maximum extent feasible.
(3)
All tower-mounted transmission equipment shall be mounted as close
as possible to the tower so as to reduce the overall visual profile
to the maximum extent feasible.
(d)
Guidelines and standards specific to base stations.
(1)
All transmission equipment shall be concealed within existing architectural
features to the maximum extent feasible.
(2)
All new architectural features proposed to conceal the transmission
equipment shall be designed to mimic the existing underlying structure,
shall be proportional to the existing underlying structure, and shall
use materials in similar quality, finish, color, and texture as the
existing underlying structure.
(3)
All transmission equipment shall be mounted at the lowest height
and set back from the roofline to maximum extent feasible.
(e)
Guidelines and standards specific to facilities in the public
right-of-way.
(1)
Preferred locations. Facilities shall be located
as far from residential uses as feasible, and on arterial and collector
streets to the extent feasible. Facilities in the rights-of-way shall
maintain at least a 200 foot setback from other facilities, except
when collocated or on opposite sides of the same street.
(2)
Undergrounded equipment. All non-antenna equipment
shall be installed underground to the maximum extent feasible. All
vents, exhausts and similar features for undergrounded equipment shall
be flush to grade to the maximum extent feasible; all above-grade
vents, exhausts or similar features shall be designed to blend with
the environment to maximum extent feasible.
(3)
Pole-mounted or tower-mounted equipment. All pole-mounted
and tower-mounted transmission equipment shall be mounted as close
as possible to the tower so as to reduce the overall visual profile
to the maximum extent feasible. All pole-mounted and tower-mounted
transmission equipment shall be painted with flat, non-reflective
colors that blend with the visual environment. No portion of the antenna
or transmission equipment mounted on a pole may be less than 16 feet
above any road surface unless certain equipment must be placed lower
in order to comply with California Public Utilities Commission General
Order 95.
(f)
Applicable criteria for conditional use permit approval. In addition to all the guidelines and standards contained in this
section, the Planning Commission may specifically consider the following
factors in determining whether to issue a conditional use permit,
although the Planning Commission may waive or reduce the burden on
the applicant of one or more of these criteria if the Planning Commission
concludes that the goals of this chapter are better served by the
waiver:
(1)
Height of the proposed facility;
(2)
Proximity of the facility to residential structures and residential
district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the facility, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress;
(8)
Availability of existing facilities for collocation and/or other
existing structures; and
(9)
Alternative sites listed by applicant.
(§ 3, Ord. 851, eff. April 10, 2015, as amended by § 186, Ord. 941, eff. November 10, 2023)
(a)
Purpose and intent.
(1)
Under Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, State and local governments "may not deny, and shall
approve" any "eligible facilities request" so long as it does not
"substantially change the physical dimensions of the existing wireless
tower or base station." See 47 U.S.C. Section 1455(a) (2013). A permit
application subject to Section 6409(a) is referred to as a "covered
request."
(2)
On December 17, 2014, the FCC adopted a report and order that interpreted
Section 6409(a) to limit local discretion over wireless permit applications
that qualified under the statute as a covered request. Among other
things, the FCC specifically limited the kinds of information localities
could solicit in permit applications, defined "substantially change
the physical dimensions" to include objective thresholds under a cumulative
limit, and enacted a rule that "deemed-granted" any covered request
when the local reviewing authority fails to act within 60 days after
the application is submitted. The FCC codified its rules to interpret
Section 6409(a) at 47 C.F.R. Section 1.40001 et seq.
(3)
The purpose of this subsection is to promote and protect the public
health, safety and welfare. This chapter does so by setting forth
standards and processes taken from Section 6409(a) and the FCC's rules
for the submittal, review, and action upon a permit application.
(4)
This subsection shall be interpreted and applied so as to be consistent
with the Telecommunications Act of 1996, Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012, and the applicable
FCC and court decisions and determinations relating to same.
(5)
In the event that a court of competent jurisdiction issues a final
ruling invalidating Section 6409, then all proposed modifications
to existing facilities subject to this section must be approved by
a conditional use permit under Section 10-14.050.
(b)
Time for review. Federal regulations provide that
the City must approve or deny on a design review permit application,
and all other required permits and approvals, within 60 days after
the applicant submits the permit application, unless tolled due to
an incomplete notice or a mutual agreement to extend the time. Under
Federal regulations, failure to act upon a design review permit, and
all other required permits and approvals, within 60 days will result
in a "deemed-granted" permit.
(c)
Design review permit application materials.
(1)
Application fee. An application fee as the City
may establish from time to time to reimburse the City for its costs
to review the permit application.
(2)
Independent consultant deposit. An independent consultant
deposit, if required, as the Director may establish from time to time
to reimburse the City for its costs to retain an independent consultant
review the design review permit application.
(3)
Site plans. Complete and accurate construction-quality
plans drawn to scale, including: (i) plan views and all four elevations
before and after the proposed change with all height and width measurements
called out; (ii) a depiction of all existing and proposed transmission
equipment; (iii) a depiction of all existing and proposed utility
runs and points of contact; and (iv) a depiction of the leased or
licensed area with all rights-of-way and/or easements for access and
utilities in plan view. For wireless towers, the plans must include
scaled plan views and all four elevations that depict the physical
dimensions of the wireless tower as it existed on February 22, 2012
or the date of the original facility, whichever is later. For base
stations, the plans must include scaled plan views and all four elevations
that depict the physical dimensions of the base station as originally
constructed.
(4)
Visual analysis. A visual analysis that includes:
(i) scaled visual simulations that show unobstructed before-and-after
construction daytime and clear-weather views from at least four angles,
together with a map that shows the location of each view angle; (ii)
a color and finished material palette for proposed screening materials;
and (iii) a photograph of a completed facility of the same design
and in roughly the same setting as the proposed wireless communication
facility.
(5)
Narrative. A written narrative that explains in
explicit factual detail why the applicant believes that Section 6409(a)
governs the proposed change permit request. The narrative should identify
each required finding of approval under the applicable section of
this chapter for the proposed change and explain what facts allow
the Director to affirmatively make each finding.
(6)
Prior permits. True and correct copies of all previously
issued permits, together with all conditions of approval, together
with a written statement from the applicant that certifies the proposal
will not violate any applicable permit or condition of approval.
(7)
Radio frequency emissions compliance report. A written
report, prepared by a qualified engineer, which assesses whether the
proposed wireless communication facility demonstrates planned compliance
with the uncontrolled/general population exposure limits established
by the FCC. The report shall also include a cumulative analysis that
accounts for all emissions from all wireless communications facilities
located on or adjacent to the proposed site, identifies the total
exposure from all facilities, and demonstrates planned compliance
with the uncontrolled/general population exposure limits established
by the FCC. The report shall include a detailed description of all
mitigation measures required under the FCC.
(8)
Structural analysis. A structural analysis, prepared,
signed and sealed by a California-licensed engineer, which assesses
whether the proposed wireless communication facility demonstrates
planned compliance with all applicable building codes.
(9)
Noise study. A noise study, prepared, signed and
sealed by a California-licensed engineer, for the proposed wireless
communications facility and all associated equipment, which shall
include without limitation all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators.
The noise study shall include, without limitation, the manufacturers'
specifications for all noise-emitting equipment and a depiction of
the proposed equipment relative to all adjacent property lines.
(10)
Other permits and approvals. A design review
permit application must include all permit applications with all required
application materials for each and every separate permit or approval
required for such telecommunication facility under the City's municipal
code, including, but not limited to, building, electrical, and encroachment,
provided that if the City and applicant agree to any necessary time
extension in writing, the applicant may elect in writing delivered
to the Director to file for such permits subsequent to design review.
(11)
Other published materials. All other information
and/or materials that the City may, from time to time, make publicly
available and designate as part of the application requirements.
(d)
Findings for design review permit approval for wireless towers
on private property. The Director must approve a design review
permit application to change an existing wireless tower on private
property when the Director finds all of the following.
(1)
The applicant proposes a change that involves a structure constructed
with all necessary permits in good standing for the sole or primary
purpose of supporting FCC-licensed or authorized antennas and their
associated facilities;
(2)
The proposed change does not increase the height more than 10% or
one additional antenna array not more than 20 feet (whichever is greater)
above the height that existed on February 22, 2012;
(3)
The proposed change does not increase the width more than 20 feet
or the tower width at the level of the appurtenance (whichever is
greater);
(4)
The proposed change does not involve more than the standard number
of new equipment cabinets for the technology involved, not to exceed
four;
(5)
The proposed change does not involve excavation outside the lease
or license area;
(6)
The proposed change does not defeat any existing concealment elements;
and
(7)
The proposed change does not violate prior conditions of approval,
except as may be preempted by Section 6409(a).
(e)
Findings for design review permit approval for base stations
on private property. The Director must approve a design review
permit application to change an existing base station on private property
when the Director finds all of the following:
(1)
The applicant proposes a change on a structure (whether built to
support FCC-licensed or authorized antennas and their associated facilities
or not) that currently supports existing wireless transmission equipment
and all necessary permits for such use are in good standing;
(2)
The proposed change does not increase the height more than 10% or
10 feet (whichever is greater) above the originally approved structure
height;
(3)
The proposed change does not increase the width more than six feet;
(4)
The proposed change does not involve more than the standard number
of new equipment cabinets for the technology involved, not to exceed
four;
(5)
The proposed change does not involve excavation outside the lease
or license area;
(6)
The proposed change does not defeat any existing concealment elements;
and
(7)
The proposed change does not violate prior conditions of approval,
except as may be preempted by Section 6409(a).
(f)
Findings for design review permit approval for facilities
in the public right-of-way. The Director must approve a design
review permit application to change an existing wireless tower or
base station in the public right-of-way when the Director finds all
of the following:
(1)
The applicant proposes a change on either: (i) a structure constructed
with all necessary permits in good standing for the sole or primary
purpose of supporting FCC-licensed or authorized antennas and their
associated facilities (i.e., a "wireless tower"); or (ii) a structure
(whether built to support FCC-licensed or authorized antennas and
their associated facilities or not) that currently supports existing
wireless transmission equipment and all necessary permits for such
use are in good standing (i.e., a "base station");
(2)
The proposed change does not increase the height more than 10% or
10 feet (whichever is greater) above the originally approved structure
height;
(3)
The proposed change does not increase the width more than six feet;
(4)
The proposed change does not involve more than the standard number
of new equipment cabinets for the technology involved, not to exceed
four;
(5)
The proposed change does not involve excavation outside the proximity
to the groundmounted equipment in the public rights-of-way;
(6)
The proposed change does not defeat any existing concealment elements;
and
(7)
The proposed change does not violate prior conditions of approval,
except as may be preempted by Section 6409(a).
(g)
Conditions of approval specific to Section 6409(a) facilities. In addition to all other conditions of approval permitted under
state and federal law that the Director may deem appropriate for a
specific change, all design review permits under this chapter, whether
affirmatively granted by the Director under federal directive in 47
U.S.C. Section 1455(a) or deemed granted by the operation of law,
shall include all the conditions of approval as follows:
(1)
No automatic renewal. Grant or acceptance of this
permit shall not renew or extend the underlying permit term.
(2)
As-builts. The applicant shall submit to the Director
an as-built survey and plans that detail the entire post-change support
structure, all transmission equipment, and all utilities within 90
days after completed construction.
(3)
Indemnification. To the maximum extent permitted
by applicable law, the applicant shall at all times defend, indemnify,
protect, save harmless, and exempt the City, its officers, commissioners,
directors, attorneys, agents, servants, employees, and volunteers
from any and all penalties, damages, or charges, excepting only punitive
damages, which arise from claims, suits, demands, causes of action,
and/or awards, and/or costs and expenses in connection therewith,
whether compensatory or consequential, whether legal or equitable,
which arise from, or are caused by, the construction, erection, installation,
location, collocation, operation, maintenance, repair, modification,
replacement, removal, relocation, or restoration of wireless transmission
equipment within the City based on any act or omission of an applicant,
its directors, officers, attorneys, site managers, agents, employees,
contractors, subcontractors, independent contractors, or representatives.
Without limiting the generality of the foregoing, the penalties, damages,
or charges referenced in this condition of approval, shall include
all reasonable attorneys' fees, consultants' fees, and expert witness'
fees as costs and expenses recoverable by the City.
(4)
Compliance with applicable laws. The applicant shall
comply with all applicable provisions in this chapter, any permit
issued under this chapter, and all other applicable laws and regulations.
Any failure by the City to enforce compliance shall not relieve any
applicant of its obligations under this chapter, any permit issued
under this chapter, or all other applicable laws and regulations.
(5)
Violations. The City may revoke a design review
permit granted under this chapter for any violation of the City of
Ojai Municipal Code. The remedies available to the City shall be cumulative
and the City may resort to any other remedy available at law or in
equity and resort to any one remedy shall not cause an election precluding
the use of any other remedy with respect to a violation.
(6)
No waiver of standing. The City's grant of any design
review permit pursuant to 47 U.S.C. Section 1455(a) shall not waive,
nor be deemed to waive, the City's right and/or standing to challenge
the validity of 47 U.S.C. Section 1455(a) or any related administrative
or judicial order or decision, either on its face or as applied in
any particular case.
(h)
Design review permit denial without prejudice.
(1)
Grounds for a denial without prejudice. The Director
may issue a denial without prejudice for a design review permit when:
(A)
Based on the materials submitted by the applicant, the Director
cannot make all findings required for the type of proposed change;
(B)
The proposed change would cause a violation of an objective,
generally applicable law related to health and safety;
(C)
The proposed change involves the replacement of the entire support
structure; or
(D)
The proposed change does not qualify for mandatory approval
under 47 U.S.C. Section 1455(a), as may be amended or superseded,
and as may be interpreted by any order or decision by the FCC or by
any court of competent jurisdiction.
(2)
Procedures for design review permit denial without prejudice. All design review permit application denials shall be in written
form; the written permit denial shall include: (i) the decision date;
(ii) a statement that the City denies the permit without prejudice;
(iii) a short and plain statement with the basis for the denial; and
(iv) that the applicant may submit the same or substantially the same
permit application in the future.
(3)
Submittal after design review permit denial without prejudice. After the Director denies a design review permit application, and
subject to the generally applicable permit application submittal provisions
in this chapter, an applicant shall be immediately allowed to either:
(4)
Costs to review a denied design review permit. The
City shall be entitled to recover the reasonable costs for its review
of any design review permit application. In the event that the Director
denies a design review permit application, the City shall return any
unused deposit fees within 60 days after a written request from the
applicant. An applicant shall not be allowed to submit a conditional
use permit application or submit a design review permit application
for the same or substantially the same change unless all costs for
the prior-denied permit application are paid in full.
(i)
The City will provide public notice of all approved and denied design
review permit applications following procedures proposed by the City
Manager and approved by Council, in addition to posting notice of
approved and denied design review permit applications on the City's
website and at City Hall.
(§ 3, Ord. 851, eff. April 10, 2015)
(a)
Selection by Director. The Director may select and
retain with the approval of the City Manager one or more independent
consultants with expertise in telecommunications satisfactory to the
Director and the City Manager in connection with any permit review
and evaluation.
(b)
Scope. The independent consultant shall review the
project aspects that involve technical or specialized knowledge and
may address:
(1)
Whether the applicant submitted a complete and accurate application;
(2)
Whether the facts and materials presented in a particular application
tend to support certain statements or analyses in the application;
(3)
Compliance with any applicable regulations;
(4)
Any other specific technical or specialized issues requested by the
City; and/or
(5)
Presence or absence of a significant gap in service coverage, as
appropriate.
(c)
Independent consultant fee deposit. The applicant
shall pay the cost for any independent consultant fees, along with
applicable overhead recovery, through a deposit, estimated by the
Director, paid at the time the applicant submits an application. The
applicant shall pay all consultant fees before the City may act on
a permit application. In the event that such costs and/or fees do
not exceed the deposit amount, the City shall refund any unused portion
within 60 days after the final building permit is released or, if
no final building permit is released, within 60 days after the City
receives a written request from the applicant.
(§ 3, Ord. 851, eff. April 10, 2015)
(a)
All wireless communication facilities must comply with all standards
and regulations of the FCC, and any other State or Federal government
agency with the authority to regulate wireless communication facilities.
(b)
The site and the wireless communication facility, including all landscaping,
fencing, and related transmission equipment must be maintained in
a neat and clean manner and in accordance with all approved plans.
(c)
All graffiti on wireless communication facilities must be removed
at the sole expense of the permittee within 48 hours of notification.
(d)
A wireless communication facility located in the public right-of-way
may not unreasonably interfere with the use of any City property or
the public right-of-way by the City, by the general public or by other
persons authorized to use or be present in or upon the public right-of-way.
Unreasonable interference includes disruption to vehicular or pedestrian
traffic, and interference with any other City or public utilities.
(e)
If any FCC, CPUC or other required license or approval to provide
communication services is ever revoked, the permittee must inform
the Director of the revocation within 10 days of receiving notice
of such revocation.
(§ 3, Ord. 851, eff. April 10, 2015)
(a)
Any facility whose permit has expired or whose permit has been terminated
by the City or that is not operated for a continuous period of 180
days shall be deemed abandoned, and the owner of the facility shall
remove the facility within 90 days of receipt of notice from the Director
notifying the owner of the abandonment.
(b)
If the facility is not removed within the 90 day period, the Director
may remove the facility at the permittee's, facility owner's, or landowner's
expense pursuant to the City's abatement procedures.
(c)
If there are two or more users of the permitted facility, this provision
shall not become effective until all applicable permits have expired
or have terminated or all users cease using the wireless tower.
(d)
As a condition of approval for permit issuance, the applicant shall
provide a separate demolition bond for the duration of the permit,
and in the form and manner of surety as determined by the Director
and approved as to form by the City Attorney, with provision for inspection
and city removal of the facility in the event of failure to perform
by the responsible parties as defined by this chapter.
(§ 3, Ord. 851, eff. April 10, 2015)
Upon transfer of an approved wireless communication facility
or any rights under the applicable permit or approval, the permittee
of the facility must within 30 days of such transfer provide written
notification to the director of the date of the transfer and the identity
of the transferee. The Director may require submission of any supporting
materials or documentation necessary to determine that the facility
is in compliance with the existing permit or approval and all of its
conditions including statements, photographs, plans, drawings, and
analysis by a qualified engineer demonstrating compliance with all
applicable regulations and standards of the City, FCC, and CPUC.
(§ 3, Ord. 851, eff. April 10, 2015, as amended by § 187, Ord. 941, eff. November 10, 2023)
(a)
Each permit issued, except permitted uses pursuant to this chapter,
shall be issued for a period of 10 years, but may be reduced for public
safety reasons or substantial land use reasons pursuant to California
Government Code Section 65964(b). The City may establish a build-out
period for a wireless telecommunication facility. At the end of the
specified permit term, the permit shall automatically expire unless
a written request for renewal is submitted by the applicant, prior
to expiration, to the director of community development. Upon the
expiration of any required permits for the facility, it shall be removed
in accordance with the requirement of Section 10-14.090 of this chapter.
(b)
If a request for renewal of the required permit(s) is received, the
permit shall remain in effect until a decision on the renewal is made.
The renewal request shall be reviewed in a similar manner as the original
approval. The review is to insure that the facility is still in operation,
that it has been properly maintained, that the original conditions
of approval have been adhered to and whether they are to remain the
same or need to be modified, and to determine if new means exist to
upgrade the facility to better meet the purpose, intent, goals and
provisions of this chapter. If new means exist that will allow the
redesign or relocation of the facility to better meet the purpose,
intent, goals and provisions of this chapter, then the facility must
be redesigned and/or relocated accordingly. Failure to comply with
this requirement may be considered grounds for denial of a new permit.
(c)
The City may add conditions to any new permits as necessary to advance
a governmental interest related to health, safety, or welfare, provided,
however, that any condition shall comply with applicable FCC and CPUC
regulations and standards, and that reasonable advance notice thereof
has been provided to all affected parties. If an entitlement is not
renewed, the City shall give the applicant written notice thereof
together with the rationale on which the City's decision was made.
Any applicant that is dissatisfied with a decision to renew or not
to renew their permit may appeal the decision in accordance with the
provisions of the section(s) under which the original approval was
issued.
(§ 3, Ord. 851, eff. April 10, 2015)
Notwithstanding the provisions of this chapter, one or more
specific exceptions to the standards contained within this chapter
may be granted if a denial would prohibit or have the effect of prohibiting
the provision of wireless telecommunications services by the applicant.
As such, the City may grant special permission or exception, on such
terms as the City may deem appropriate, in cases where the City determines
that the grant of the special permission is necessary to comply with
State and Federal law or regulations and where the applicant shows
by clear and convincing evidence that no other location or combination
of locations in compliance with this chapter can provide comparable
communications. Prior to the issuance of an exception, the applicant
shall be required to submit to the director of community development
a written explanation setting forth clear and convincing evidence
that the location or locations, and the design of the facility is
necessary to close a significant gap in service coverage, that there
is no feasible alternate location or locations, or design, that would
close a significant gap or to reduce it to less than significant,
and that the facility is the least intrusive means to close a significant
gap or to reduce it to less than significant in service. Exceptions
shall be subject to the review and approval of the Planning Commission
and City Council. The burden is on the applicant to prove significant
gaps and least intrusive means as required herein.
(§ 3, Ord. 851, eff. April 10, 2015)
In the event that any City ordinance or regulation, in whole
or in part, conflicts with any provisions in this chapter, the provisions
of this chapter shall control.
(§ 3, Ord. 851, eff. April 10, 2015)
In the event that a court of competent jurisdiction holds any
section, subsection, paragraph, sentence, clause, or phrase in this
section unconstitutional, preempted, or otherwise invalid, the invalid
portion shall be severed from this section and shall not affect the
validity of the remaining portions of this section. The City hereby
declares that it would have adopted each section, subsection, paragraph,
sentence, clause, or phrase in this section irrespective of the fact
that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases in this section might be declared unconstitutional,
preempted, or otherwise invalid.
(§ 3, Ord. 851, eff. April 10, 2015)
