A.
The city of San Bruno intends this chapter to establish reasonable,
uniform and comprehensive standards and procedures for wireless facilities
deployment, construction, installation, collocation, modification,
operation, relocation and removal within the city's territorial
boundaries in the public right-of-way, consistent with and to the
extent permitted under federal and California state law.
The standards and procedures contained in this chapter are intended
to, and should be applied to, protect and promote public health, safety
and welfare, and also balance the benefits that flow from robust,
advanced wireless services with the city's local values, which
include, without limitation, the aesthetic character of the city,
its neighborhoods and community. This chapter is also intended to
reflect and promote the community interest by: (1) protecting the
city's visual character from potential adverse impacts or visual
blight created or exacerbated by wireless communications infrastructure;
(2) protecting and preserving the city's environmental resources;
and (3) promoting access to high-quality, advanced wireless services
for the city's residents, businesses and visitors.
B.
This is the only San Bruno Municipal Code Chapter that applies to wireless facilities in the public-right-of-way and public utility easements on private properties, and any provisions of Chapter 12.220 that apply to wireless facilities in the right-of-way and public utility easements on public and private properties do not apply.
C.
Appeals of wireless facility permits and any associated permits shall
be heard under the provisions of this chapter, and no other San Bruno
Municipal Code provisions related to appeals shall apply.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
The abbreviations, phrases, terms and words used in this chapter
will have the meanings assigned to them in this section unless context
indicates otherwise. In the event that any definition assigned to
any phrase, term or word in this section conflicts with any federal-
or state-mandated definition, the federal- or state-mandated definition
will control.
means any equipment other than the antenna(s) associated
with a wireless facility, which includes, but is not limited to, cabling,
generators, fans, air conditioning units, electrical panels, equipment
cabinets, pedestals, meters, vaults, splice boxes and surface location
markers.
means the commission, board or official responsible for review
of permit applications and vested with the authority to approve or
deny such applications. The approval authority for a wireless permit
is the public works director, on appeal, the city manager. The approval
authority for a Section 6409 approval or a temporary wireless permit
is the public works director.
means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(1), as may be amended.
means a certificate of public convenience and necessity granted
by the CPUC or its duly appointed successor agency pursuant to California
Public Utilities Code Section 1001 et seq., as may be amended.
means the city manager of the city of San Bruno, or the city
manager's designee.
means the same as defined by the FCC in 47 C.F.R. Section
1.6.002(g) (1) and (2), as may be amended.
means the California Public Utilities Commission established
in the California Constitution, Article XII, Section 5, or its duly
appointed successor agency.
means the department of public works of the city of San Bruno
or its duly appointed successor agency.
means the director of public works of the city of San Bruno,
or the director's designee.
means the same as defined in and shall have the meaning as
set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision.
means the Federal Communications Commission or its duly appointed
successor agency.
means the time frame within which the city generally must
act on a given wireless application, as defined by 47 C.F.R. Sections
1.6003(c)(1) and 1.6100(c)(2) and as may be amended from time to time.
means a consultant hired by the city of San Mateo to process
or review wireless facility applications.
means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i),
as may be amended, which defines the term as facilities that provide
personal wireless services.
means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i),
as may be amended, which defines the term as commercial mobile services,
unlicensed wireless services and common carrier wireless exchange
access services.
has the same meaning as "street" in San Bruno Municipal Code Section 8.04.110(C).
means radio frequency or electromagnetic waves.
means Section 6409(a) of the Middle Class Tax Relief and
Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified
as 47 U.S.C. Section 1455(a), as may be amended.
means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(2), as may be amended.
means any structure capable of supporting a base station.
means portable wireless facilities intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels ("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable wireless facilities not permanently affixed to the site on which they are located. Specific time limits for the placement of temporary wireless facilities are addressed in San Bruno Municipal Code Section 8.36.120.
means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(9), as may be amended.
means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(8), as may be amended.
means a support structure in the public right-of-way designed
to support electric, telephone, and similar utility lines. A tower
is not a utility pole.
means any FCC-licensed or authorized wireless communication
service transmitted over frequencies in the electromagnetic spectrum.
means the antennas and associated equipment used for the
provision of wireless services at a fixed location, including, without
limitation, any associated tower(s), support structure(s), and base
station(s). For the purpose of this chapter, this includes small wireless
facilities as defined by the FCC in 47 C.F.R. Section 1.6002(l), as
may be amended.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
Director of Public Works. The director or their designee is
responsible for administering this chapter and establishing rules
and regulations for this purpose. All such rules and regulations must
be in written form and posted on the city's website or otherwise
made publicly available to prospective applicants. As part of the
administration of this chapter, the director may:
1.
Interpret the provisions of this chapter; and
2.
Establish reasonable rules and regulations, which may include, without
limitation, regular hours for appointments with applicants, as the
director deems necessary or appropriate to organize, document and
manage the application intake process; and
3.
Develop and implement standards and procedures governing the placement
and modification of wireless facilities consistent with the requirements
of this chapter, including regulations governing collocation and resolution
of conflicting applications for placement of wireless facilities;
and
4.
Develop, publish and from time to time update or amend permit application
requirements, forms, checklists, guidelines, informational handouts
and other related materials that the director finds necessary, appropriate
or useful for processing any application governed under this chapter;
and
5.
Determine the amount of and collect, as a condition of the completeness
of any application, any fee established by this chapter; and
6.
Establish deadlines for submission of information related to an application,
and extend or shorten deadlines where appropriate and consistent with
state and federal laws and regulations; and
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; and
8.
Require, as part of, and as a condition of completeness of any application,
notice to members of the public that may be affected by the placement
or modification of the wireless facility and proposed changes to any
support structure; and
9.
Subject to appeal as provided herein, determine whether to approve,
approve subject to conditions, or deny an application; and
10.
Take such other steps as may be required to timely act upon
applications for placement of wireless facilities, including issuing
written decisions and entering into agreements to mutually extend
the time for action on an application.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Applicable Wireless Facilities. The provisions in this chapter shall
be applied to all existing wireless facilities within the city's
public rights-of-way and all applications to construct, install, operate,
collocate, modify, reconstruct, relocate or otherwise deploy wireless
facilities within the city's public rights-of-way, except as
may be expressly provided otherwise in this chapter.
B.
Exempt Wireless Facilities. Notwithstanding subsection A, the provisions in this chapter will not be applicable to: (1) wireless facilities not proposed or currently located in the public right-of-way; (2) wireless facilities owned and operated by the city for public purposes; (3) amateur radio facilities; and (4) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.
C.
Pre-Existing Facilities in the Public Right-of-Way. Any wireless
facility already existing in the public right-of-way as of the date
of this chapter's adoption shall remain subject to the provisions
of this code in effect prior to this chapter, unless and until a renewal
of such facility's then- existing permit is granted, at which
time the provisions of this chapter shall apply in full force going
forward as to such facility. The review of any request for a renewal
of a permit for such pre-existing facilities shall be conducted pursuant
to this chapter, rather than the portion(s) of this code under which
it was previously reviewed.
D.
Special Provisions for Section 6409 Approvals. Notwithstanding subsection A, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way and submitted pursuant to Section 6409 will be reviewed under the application procedures in Section 8.36.060 and the standards in Section 8.36.140. If the applicant's request does not qualify for approval under Section 6409, the applicant may submit the same or a substantially similar application for a wireless facility permit under the general provisions in this chapter.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Wireless Facility Permit. A wireless facility permit, subject to
the director's review and approval in accordance with the procedures
and design regulations in this chapter, is required for:
1.
Any new wireless facility proposed on an existing, new, or replacement
support structure with accessory equipment in the public right-of-way;
2.
Any collocations, modifications or other changes to an existing wireless
facility not subject to Section 6409 in the public right-of-way; and
3.
Any wireless facility installed on city-owned support structures
or other personal property in the public rights-of-way pursuant to
a valid master license agreement with the city.
B.
Temporary Wireless Facility Permit. A temporary wireless facility permit, subject to the director's prior review and approval in accordance with the procedures and standards in Section 8.36.120 is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to Section 8.36.120(B).
C.
Section 6409 Approval. A Section 6409 approval (addressed in Section 8.36.140) is required for applications submitted pursuant to Section 6409.
D.
Other Permits and Regulatory Approvals. In addition to any wireless
facility permit, Section 6409 approval, temporary wireless facility
permit or other permit or approval required under this chapter, the
applicant must obtain all other permits and regulatory approvals as
may be required by any other federal, state or local government agencies,
which includes, without limitation, any other permits and/or approvals
issued by other city departments or divisions. Furthermore, any permit
or approval granted under this chapter or deemed granted or deemed
approved by law shall remain subject to any and all lawful conditions
and/or legal requirements associated with such other permits or approvals.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Application Required. The approval authority shall not approve any
request for a wireless facility permit, Section 6409 approval or temporary
wireless facility permit except upon a complete and duly filed application
consistent with this section and any other written rules the city
or the director may establish from time to time in any publicly-stated
format.
B.
Application Content. All applications for a wireless facility permit,
Section 6409 approval or temporary wireless facility permit must include
all the information and materials required by the director for the
application. All applications shall, at a minimum: (1) require the
applicant to demonstrate that the proposed project will be in planned
compliance with all applicable health and safety laws, regulations
or other rules, which includes, without limitation, all building codes,
electric codes and all FCC rules for human exposure to RF emissions;
and (2) contain sufficient evidence (such as a valid CPCN) of the
applicant's regulatory status as a telephone corporation under
the California Public Utilities Code.
C.
Procedures for a Duly Filed Application. Any application for a wireless facility permit or Section 6409 approval will not be considered duly filed unless submitted in accordance with the procedures in this section. Any application for a temporary wireless facility permit must be filed in accordance with the procedures in Section 8.36.120.
1.
Voluntary Pre-Submittal Conference. Before application submittal,
the applicant is strongly encouraged to schedule and attend a pre-submittal
conference with the director or designee for all proposed projects.
The voluntary pre-submittal conference is intended to streamline the
review process through informal discussion that includes, without
limitation, the appropriate project classification and review process,
any latent issues in connection with the proposed or existing wireless
facility, including compliance with generally applicable rules for
public health and safety; potential concealment issues or concerns
(if applicable); coordination with other city departments responsible
for application review; and application completeness issues. To mitigate
unnecessary delays due to application incompleteness, applicants are
encouraged (but not required) to bring any draft applications or other
materials so that city staff may provide informal feedback and guidance
about whether such applications or other materials may be incomplete
or unacceptable. The department shall use reasonable efforts to provide
the applicant with an appointment within ten working days after receiving
a written request and any applicable fee or deposit to reimburse the
city for its reasonable costs to provide the services rendered in
the pre-submittal conference.
2.
Submittal Appointment. All applications must be submitted to the
city at a prescheduled appointment with the director. Applicants may
generally submit one application per appointment but may schedule
successive appointments for multiple applications whenever feasible
and not prejudicial to other applicants. The director shall provide
the applicant with an appointment within a reasonable time after the
director receives a written request. Any application received without
an appointment, whether delivered in-person, by mail or through any
other means, will not be considered duly filed unless the applicant
received a written exemption from the director at a presubmittal conference.
D.
Denials Without Prejudice. To promote efficient review and timely
decisions, if the applicant fails to tender a substantive response
to the department within ninety calendar days after the director deems
the application incomplete in a written notice to the applicant, the
director may, in the director's discretion, either deny the application
without prejudice or 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.
Delays due to circumstances outside the applicant's reasonable
control will be considered good cause to grant the extension.
E.
Peer and Independent Consultant Review.
1.
Authorization. The city council authorizes the director to, in the
director's discretion, select and retain an independent consultant
with specialized training, experience and/or expertise in telecommunications
issues satisfactory to the director in connection with any permit
application.
2.
Scope. The director may request an independent consultant review
on any issue that involves specialized or expert knowledge in connection
with wireless facilities deployment or permit applications for wireless
facilities, which include, without limitation: (a) permit application
completeness and/or accuracy; (b) pre-construction planned compliance
with applicable regulations for human exposure to RF emissions; (c)
post-construction actual compliance with applicable regulations for
human exposure to RF emissions; (d) whether and to what extent any
technically feasible and/or potentially available alternative sites
or concealment techniques may exist; (e) the applicability, reliability
and/or sufficiency of any information, analyses or methodologies used
by the applicant to reach any conclusions about any issue with the
city's discretion to review; and (f) any other issue identified
by the director that requires expert or specialized knowledge. The
director may request that the independent consultant complete any
required work, including written reports and attendance at meetings
with city staff and/or the applicant.
3.
Consultant Fees—Deposit. In the event that the director elects
to retain an independent consultant in connection with any permit
application, the applicant shall be responsible for the reasonable
costs in connection with the services provided, which may include,
without limitation, any costs incurred by the independent consultant
to attend and participate in any meetings or hearings. Before the
independent consultant may perform any services, the applicant shall
tender to the city a deposit in an amount equal to the estimated cost
for the services to be provided, as determined by the director. The
director may request additional deposits as reasonably necessary to
ensure sufficient funds are available to cover the reasonable costs
in connection with the independent consultant's services. In
the event that the deposit exceeds the total costs for consultant's
services, the director shall promptly return any unused funds to the
applicant after the wireless facility has been installed and passes
a final inspection by the appropriate city official In the event that
the reasonable costs for the independent consultant's services
exceed the deposit, the director shall invoice the applicant for the
balance. The city shall not issue any construction or encroachment
permit to any applicant with any unpaid deposit requests or invoices.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Notice Requirements for Wireless Facility Permit Applications. Once an application for a wireless facility permit is submitted, a public notice shall be mailed by the approval authority to all owners of real property and the site address (if different) if any part of which is located within three hundred feet of the proposed wireless facility location. The notices will be distributed through the United states mail using the recipient list prepared by the city. The notice must contain, at minimum: (1) a general description of the proposed project, including the project location, plans, photo simulations, or renderings that depict the wireless facility installation in context of the natural and built environment; (2) the applicant's name and contact information as provided on the application form; and (3) contact information for the department; and (4) how to request a copy of the decision notice referenced in subsection C of this section. In addition to the mailed public notice, a notice shall be placed on the utility pole, the traffic signal control pole, the streetlight, or other proposed facility location, as feasible. This notice shall be posted for a minimum of ten calendar days.
B.
Notice Regarding FCC Shot Clock. Not less than fifteen calendar days
and no more than thirty calendar days prior to the date when the applicant
believes that the applicable FCC shot clock expires, and in addition
to any public notice required prior to a decision, an applicant for
a wireless facility permit must provide written notice to the approval
authority that contains: (1) a statement indicating the date the applicant
believes the applicable FCC shot clock expires; (2) a general description
for the proposed project and any assigned application number; and
(3) the applicant's name and contact information.
C.
Decision Notices. Before the applicable FCC shot clock expires, the
approval authority or its designee shall send a written notice of
decision ("decision notice") to the applicant and all parties who
requested a copy of the decision notice on the application. In the
event that the approval authority denies the application (with or
without prejudice), the written notice must contain: (1) the reasons
for the decision; and (2) instructions for how and when to file an
appeal.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Required Findings for Approval. The approval authority may approve
or conditionally approve an application for a wireless facility permit
submitted under this chapter when the approval authority finds all
of the following:
1.
The proposed wireless facility complies with all applicable design
and siting guidelines; and
2.
The applicant has demonstrated that its proposed wireless facility
will be in compliance with all applicable FCC rules and regulations
for human exposure to RF emissions; and
3.
The applicant has proposed to place the wireless facility in the
most-preferred location or, if the wireless facility is not proposed
in the most-preferred location, the applicant has demonstrated a good-faith
effort that the more-preferred alternative won't serve the service
objectives and/or is technically infeasible; and
B.
Conditional Approvals; Denials Without Prejudice. Subject to any
applicable federal or California laws, nothing in this chapter is
intended to limit the approval authority's ability to conditionally
approve or deny without prejudice any application governed under this
chapter as may be necessary or appropriate to protect and promote
the public health, safety and welfare, and to advance the goals or
policies in the general plan and any specific plan, the San Bruno
Municipal Code and/or this section.
C.
Exceptions. Decisions on applications for placement of wireless facilities in the public right-of-way shall, at a minimum, ensure that the requirements of Section 8.36.060 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 on a one-time basis, but only to the minimum extent required to avoid the prohibition or violation.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Conditions of Approval Adopted by City Council Resolution. The city
council may, either on its own motion or upon a recommendation from
the director, adopt by resolution standard conditions of approval
for wireless facilities subject to this chapter. All wireless facilities,
whether approved by the approval authority or deemed approved or deemed
granted by law shall be automatically subject to all such standard
conditions of approval as may be adopted in a resolution by the city
council.
B.
Modifications to Standard Conditions. The approval authority (or
the appellate authority) shall have discretion to modify or amend
any standard conditions of approval on a case-by-case basis as may
be necessary or appropriate to protect and promote the public health,
safety and welfare, allow for the proper operation of the approved
wireless facility, maintain compliance with applicable laws and/or
to advance the goals or policies in the general plan and any specific
plan, the San Bruno Municipal Code and/or this chapter.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Appeals. Any person adversely affected by the decision of the director
pursuant to this chapter may appeal the decision to the city manager,
who may decide de novo, and whose written decision will be the final
decision of the city.
B.
Decisions Granting Exceptions. Where the director grants an application
based on an exception, the decision shall be automatically appealed
to the city manager.
C.
Timing. Any appeal shall be conducted so that a timely written decision
may be issued in accordance with applicable law. All appeals must
be filed within five business days of the written decision of the
director, unless the director extends the time therefor. An extension
may not be granted when the extension would result in approval of
the application by operation of law.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Generally Applicable Design Standards. All new wireless facilities
and collocations, modifications or other changes to existing wireless
facilities not covered under Section 6409 must conform to the generally
applicable design and siting guidelines adopted by resolution of the
city council.
B.
Administrative Design and Engineering Standards and Application Requirements.
The director may develop, and from time to time amend, design and
engineering standards and application requirements consistent with
the generally applicable design regulations to clarify the aesthetic
and public safety goals and standards in this chapter for city staff,
applicants and the public. In the event that a conflict arises between
the design and siting guidelines adopted by city council by resolution
and the administrative design and engineering standards adopted by
the director, the design and siting guidelines adopted by city council
by resolution shall control.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
General Requirements for Temporary Wireless Facilities. Except as
provided in this section, the requirements, procedures and standards
in this section shall be applicable to all applications for a temporary
wireless permit for a temporary wireless facility.
1.
Applications for Temporary Wireless Facilities. The director shall
not approve any temporary wireless facility subject to a temporary
wireless permit except upon a duly filed application consistent with
this section and any other written application requirements or procedures
the director may publish in any publicly-stated format. Applicants
for a temporary wireless permit must submit, at a minimum: (a) a temporary
wireless permit application on the most current form prepared by the
department; (b) the applicable fee for the application; (c) a site
plan that shows the proposed temporary wireless facility and its equipment,
physical dimensions and placement on the proposed site relative to
property lines and existing structures; (d) an RF compliance report
in accordance with the city's requirements; and (e) an insurance
certificate for general commercial liability that names the city as
an additional insured, includes coverage for the time period in which
the temporary wireless facility will be placed and carries at least
one million dollars in coverage per occurrence. Applications must
be submitted in person to the director unless the director grants
written consent to receive an application by mail or electronic means.
No pre-submittal conference or appointment is required for a temporary
wireless permit application.
2.
Administrative Review for Temporary Wireless Facilities. After the
director receives a duly filed application for a temporary wireless
permit, the director shall review the application for completeness.
After the director deems the application complete, the director shall
review the application for conformance with the required findings
in this section and render a written decision to the applicant. Any
denials must include the reasons for the denial. The review shall
be administrative in nature and shall not require notice or a public
hearing.
3.
Required Findings for Temporary Wireless Facilities. The director
may approve or conditionally approve a temporary wireless permit for
a temporary wireless facility only when the director finds all of
the following:
a.
The proposed temporary wireless facility will not exceed fifty
feet in overall height above ground level; and
b.
The proposed temporary wireless facility will be placed as far
away from adjacent property lines as possible, or otherwise in a location
that will be least likely to cause adverse impacts on adjacent properties;
and
c.
Any excavation or ground disturbance associated with the temporary
facility will not exceed two feet below grade; and
d.
The proposed temporary wireless facility will be compliant with
all generally applicable public health and safety laws and regulations,
which includes, without limitation, compliance with maximum permissible
exposure limits for human exposure to RF emissions established by
the FCC; and
e.
The proposed temporary wireless facility will not create any
nuisance or violate any noise limits applicable to the proposed location;
and
f.
The proposed temporary wireless facility will be identified
with a sign that clearly identifies: (i) the site operator; (ii) the
operator's site identification name or number; and (iii) a working
telephone number answered twenty-four hours per day, seven days per
week by a live person who can exert power-down control over the antennas;
and
g.
The proposed temporary wireless facility will be removed within
thirty days after the director grants the temporary wireless permit,
or such longer time as the director finds reasonably related to the
applicant's need or purpose for the temporary wireless facility;
and
h.
The applicant has not been denied a wireless permit for any
permanent wireless facility in the same or substantially the same
location within the previous three hundred sixty-five days.
B.
Temporary Wireless Facilities for Emergencies. Temporary wireless
facilities may be placed and operated within the city without a temporary
wireless permit only when a duly authorized federal, state, county
or city official declares an emergency within a region that includes
the city in whole or in part. Any temporary wireless facilities placed
pursuant to this section must be removed within fifteen days after
the date the emergency is lifted, as determined by the city council.
Any person or entity that places temporary wireless facilities pursuant
to this section must send a written notice that identifies the site
location and person responsible for its operation to the director
as soon as reasonably practicable and prior to any actual placement
of the facilities. The director, or a designee, may modify or disallow
the placement of the temporary wireless facilities as is needed to
ensure public health and safety and when it is in the best interest
of the city.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
For Breach. A wireless permit may be revoked by the director for
failure to comply with the conditions of the permit or applicable
law. Upon revocation, the wireless facility must be removed within
the time frame designated by the city; provided that removal of a
support structure owned by city, a utility, or another entity authorized
to maintain a support structure in the right-of-way need not be removed,
but must be restored to its prior condition, except as specifically
permitted by the city. All costs incurred by the city in connection
with the revocation and removal shall be paid by entities who own
or control any part of the wireless facility.
B.
For Installation Without a Permit. A wireless facility installed
without a wireless permit (except for those exempted by this chapter)
must be removed; provided that removal of support structure owned
by the city, a utility, or another entity authorized to maintain a
support structure in the right-of-way need not be removed, but must
be restored to its prior condition, except as specifically permitted
by the city. All costs incurred by the city in connection with the
revocation and removal shall be paid by entities who own or control
any part of the wireless facility.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
A.
Applicability. This section applies to all eligible facilities requests
for approval to collocate, replace or remove transmission equipment
at an existing wireless tower or base station located in the public
rights-of-way submitted pursuant to Section 6409.
B.
Additional Section 6409 Definitions. In addition to the definitions in Section 8.36.020, the abbreviations, phrases, terms and words used in this section will have the following meanings assigned to them unless context indicates otherwise. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal- or state-mandated definition, the federal- or state-mandated definition will control.
1.
"Eligible facilities request" means the same as defined by the FCC
in 47 C.F.R. Section 1.6100(b)(3), as may be amended.
2.
"Eligible support structure" means the same as defined by the FCC
in 47 C.F.R. Section 1.6100(b)(4), as may be amended.
3.
"Existing" means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(5), as may be amended.
4.
"Site" means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(6), as may be amended.
5.
"Substantial change" means the same as defined by the FCC in 47 C.F.R.
Section 1.6100(b)(7), as may be amended.
C.
Required Approval. Eligible facilities requests shall require an
administrative approval in such form determined by the director consistent
with all valid and enforceable terms and conditions of the underlying
permit or other prior regulatory authorization for the tower or base
station. Each application for approval of an eligible facilities request
shall be subject to the director's review and approval, conditional
approval or denial pursuant to the standards and procedures in this
section.
D.
Decisions.
1.
Administrative Review. The director shall administratively review
applications for approval of an eligible facilities request, and may
act on such application without prior notice or a public hearing.
2.
Decision Notices. The director shall send a written notice of decision
to the applicant before the Section 6409 FCC shot clock expires. In
the event that the director denies the application, the written notice
to the applicant must contain: (a) the reasons for the decision; and
(b) a statement identifying the applicable FCC shot clock.
3.
Required Findings for Approval. The director may approve or conditionally
approve any application for approval of an eligible facilities request
when the director finds that the proposed project:
4.
Criteria for Denial. Notwithstanding any other provision in this
chapter, and consistent with all applicable federal laws and regulations,
the director may deny any application for approval of an eligible
facilities request when the director finds that the proposed project:
5.
Conditional Approvals. Subject to any applicable limitations in federal
or state law, nothing in this section is intended to limit the director's
authority to conditionally approve an eligible facilities request
to protect and promote the public health and safety.
(Ord. 1873 § 2, 2019; Ord. 1944, 12/12/2024)
