[Added by Ord. 2017-6]
A. 
The City of Lakewood intends this Chapter to establish reasonable and uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal in the public rights-of-way within the City's territorial boundaries, 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.
B. 
This Chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider' s ability to provide personal wireless services;(2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;(3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California state law.
The abbreviations, phrases, terms and words used in this Chapter will have the meanings assigned to them in this Section or, as may be appropriate, in Lakewood Municipal Code Section 9302 (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this Chapter will have the meanings assigned to them in 47 U.S.C. § 702, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. 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.
A. 
BASE STATION
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(l), as may be amended, which defines that term as 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. § 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 under this section, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing 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 47 C.F.R. § 1.40001(b)(l)(i)-(ii).
B. 
COLLOCATION
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as 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. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.
C. 
CPCN
Means a "Certificate of Public Convenience and Necessity" granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code §§ 1001 et seq., as may be amended.
D. 
CPUC
Means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or it's duly appointed successor agency.
E. 
DIRECTOR
Means the Director of Public Works of the City of Lakewood, California or the Director of Public Works' designee.
F. 
FCC
Means the Federal Communications Commission or its duly appointed successor agency.
G. 
OTARD
Means any over-the-air reception device subject to 47 C.F.R. §§ 1.4000 et seq., as may be amended, and which includes satellite television dishes not greater than one meter in diameter.
H. 
PERSONAL WIRELESS SERVICES
Means the same as defined in 47 U.S.C. § 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.
I. 
PERSONAL WIRELESS SERVICE FACILITIES
Means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
J. 
RF
Means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.
K. 
SECTION 6409
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. § 1455(a), as may be amended.
L. 
TEMPORARY WIRELESS FACILITIES
Means portable wireless facilities intended or used to provide personal 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 site on which is located.
M. 
TOWER
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, mono-trees and lattice towers.
N. 
TRANSMISSION EQUIPMENT
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
O. 
WIRELESS
Means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
A. 
Applicable Wireless Facilities. This Chapter applies to all existing wireless facilities within the City's public rights-of-way and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy wireless facilities in the City's public rights-of-way, unless exempted under Section 7702(B) or governed under Part 21 of Chapter 3 of Article IX of this Code, pursuant to Section 7702(C).
B. 
Exempt Wireless Facilities. Notwithstanding the provisions in Section 7702(A), the provisions in this Section will not be applicable to: (1) wireless facilities located or proposed to be located on private property pursuant to Part 20 of Chapter 3 of Article IX of this Code; (2) wireless facilities owned and operated by the City for public purposes; (3) wireless facilities 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; (4) amateur radio facilities; (5) OTARD antennas; and (6) 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. 
Request for Approval Pursuant to Section 6409. Any requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be first reviewed under Part 21 of Chapter 3 of Article IX of this Code. If the reviewing Director for a project submitted for approval pursuant to Section 6409 finds that the application is not covered by Section 6409, the applicant may submit an application for approval pursuant to this Chapter.
A. 
Wireless Facility Permit. A Wireless Facility Permit, subject to the Director's prior review and approval in accordance with the procedures and standards in Section 7705 is required for:
1. 
All new wireless facilities in the public rights-of-way;
2. 
All collocations, modifications or other changes to existing wireless facilities in the public rights-of-way not subject to Section 6409.
B. 
Temporary Use Permit. A temporary use permit, subject to the Director's prior review and approval in accordance with the procedures and standards in Section 7710 is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to section 7710(B).
C. 
Other Permits and Regulatory Approvals. In addition to any Wireless Facility Permit or other permit required under this Section, 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 encroachment permit, excavation permit, building permit, electrical permit or other permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any permit or approval granted under this Section 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 regulatory approvals.
A. 
Application Required. The Director shall not approve any request for a Wireless Facility Permit except upon a 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 applicants for a Wireless Facility Permit shall submit all the content, information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time update or amend permit application forms, checklists, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this Section. The City Council further authorizes the Director to establish other 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. All such permit application forms, checklists, informational handouts, rules and regulations must be in written form and made available on the City's website and/or in-person at the Department of Public Works to provide applicants with prior notice.
C. 
Procedures for a Duly Filed Application. Any application for a Wireless Facility Permit will not be considered duly filed unless submitted in accordance with the procedures in this Section 7704(C).
1. 
Pre-Submittal Conference. Before application submittal, the applicant must schedule and attend a pre-submittal conference with the Director for all proposed projects on new support structures in the public rights-of-way. Pre-submittal conferences for all other proposed projects are strongly encouraged but not required. The 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 tower or base station, 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 Director shall use reasonable efforts to provide the applicant with an appointment within five working days after the Director receives 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 pre-scheduled 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 use reasonable efforts to provide the applicant with an appointment within five working days after the Director receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement. 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 pre-submittal conference.
D. 
Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this Section will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within 90 calendar days after the Director deems the application incomplete 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 calendar days when the applicant submits a written request prior to the 90th 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.
A. 
General Notice Requirements. The Director shall administratively review a complete and duly filed application for a Wireless Facility Permit and may act on such application without prior notice or a public hearing.
B. 
Deemed-Approval Notices. Not more than 30 days before the applicable FCC timeframe for review expires, an applicant for a Wireless Facility Permit must provide a posted notice at the project site that states the project will be automatically deemed approved pursuant to California Government Code§ 65964.1 unless the City approves or denies the application or the applicant tolls the timeframe for review within the next 30 days. The posted notice must be compliant with all applicable provisions in Lakewood Municipal Code Section 9422 (Notices). The public notice required under this Section 7705(B) will be deemed given when the applicant delivers written notice to the Director that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this Section, the Director shall be permitted to act on an application at any time so long as the public notice required in Section 7705(A) has occurred.
C. 
Decision Notices. Within five days after the Director acts on an application for a Wireless Facility Permit or before the FCC shot clock expires (whichever occurs first), the Director or its designee shall send a written notice to the applicant. In the event that the Director denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal.
A. 
Required Findings for Approval. The Director may approve or conditionally approve any application for a Wireless Facility Permit when the Director finds that:
1. 
The proposed wireless facility complies with all applicable construction and installation standards adopted pursuant to Section 7709, or qualifies for a limited exception pursuant to Section 7708(C);
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;
3. 
The applicant has demonstrated a good-faith effort to identify and evaluate more-preferred locations and potentially less-intrusive designs; and
4. 
The applicant has provided the Director with a meaningful comparative analysis that shows all less-intrusive alternative locations and designs identified in the administrative record are either technically infeasible or not potentially available.
B. 
Conditional Approvals; Denials without Prejudice. Subject to any applicable limitations in federal or state law, nothing in this Chapter is intended to limit the Director's ability to conditionally approve or deny without prejudice any application for a Wireless Facility Permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this Chapter or the general plan.
C. 
Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with the site location guidelines in Section 7708 or the development standards in Section 7709 would effectively prohibit the applicant's ability to provide personal wireless services, the Director may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition when the Director finds:
1. 
The proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded;
2. 
The applicant has provided the Director with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;
3. 
The applicant has provided the Director with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this Section, the Lakewood Municipal Code, the general plan and/or any specific plan;
4. 
The applicant has provided the Director with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and
5. 
The applicant has demonstrated to the Director that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area.
D. 
Appeals. Any applicant may appeal the Director's written decision to deny an application for a Wireless Facility Permit. The written appeal together with any applicable appeal fee must be tendered to the City within 10 days from the Director's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals from the Director's written decision to deny a Wireless Facility Permit. The City Manager shall review the application de novo; provided, however, that the City Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall not be subject to any further administrative appeals.
In addition to all other conditions adopted by the Director, all Wireless Facility Permits, whether approved by the Director or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section. The Director (or the appellate authority on appeal) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Chapter.
A. 
Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued pursuant to Section 6409 in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted under federal law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. Upon a written application from the applicant, the approval authority shall renew this permit for an additional 10-year term if the facility is in compliance with all local, state and federal laws at the time the permit expires.
B. 
Compliance with Approved Plans. Before the permittee submits to the Department of Public Works any application for an encroachment permit, excavation permit or any other ministerial permit required for the project, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the "Approved Plans"). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director of Public Works' prior review and approval, who may refer the request to the original approval authority if the Director of Public Works finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.
C. 
Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a wireless facility approved or deemed-approved under this Chapter, the permittee shall provide the Director of Public Works with documentation reasonably acceptable to the Director of Public Works that the wireless facility has been installed and/or constructed in substantial compliance with the Approved Plans.
D. 
Build-Out Period. This permit will automatically expire one year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director of Public Works may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.
E. 
Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this permit. Any concealment elements shall be kept in "like new" condition at all times. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. The permittee and property owner shall maintain any and all landscape features in accordance with an approved landscape plan, if any, and shall replace dying or dead trees, foliage or other landscape elements shown on the Approved Plans within 30 calendar days after written notice from the City.
F. 
Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the California Building Code, Lakewood Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in any such permit, permit condition or any applicable law or regulation.
G. 
Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours in accordance with Lakewood Municipal Code Section 8020. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Public Works or the Director of Public Works' designee may issue a stop work order for any activities that violates this condition.
H. 
Backup Power; Generators. The permittee shall operate backup power generators only during (1) commercial power outages or (2) for maintenance purposes during normal construction hours in accordance with Lakewood Municipal Code Section 8020. The Director of Public Works may approve a temporary power source and/or generator in connection with initial construction or major repairs.
I. 
Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency The City's officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons; provided, however, that even in emergency circumstances, the City shall use reasonable efforts to notify the permittee prior to such entry to the extent practicable under the circumstances. The permittee, if present, may observe the City's officers, officials, staff or other designee while any such inspection or emergency access occurs.
J. 
Permittee's Contact Information. The permittee shall furnish the Director of Public Works with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director of Public Works with updated contact information in the event that either the responsible person or such person's contact information changes.
K. 
Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("Claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this permit, and (2) other Claims any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.
L. 
Performance Bond. Before the Department of Public Works issues any encroachment permit and/or other ministerial permits required to commence construction in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director of Public Works in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The permittee must procure the written estimate from the qualified contractor and provide the estimate to the Director of Public Works for the Director's review before posting the performance bond. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code§ 65964(a), the Director of Public Works shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility and restore any areas affected by the removal work to a standard compliant with applicable laws.
M. 
Recall to Approval Authority; Permit Revocation. The Director may recall this permit for review due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit after notice and an opportunity to cure the violation is provided to the permittee. At a duly noticed public hearing and in accordance with all applicable laws, the Director may revoke this permit or amend these conditions as the Director deems necessary or appropriate to correct any such noncompliance.
N. 
Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form.
O. 
Undergrounded Utilities. In the event that other public utilities or cable television operators in the public right-of-way, where the permittee's wireless facility is located, underground their facilities the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the permittee's sole cost and expense except as reimbursed pursuant to law.
P. 
Electric Meter Removal. In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall apply to the City for permission to remove the separate electric meter and enclosure and restore the affected area to its original condition.
A. 
Preferred Locations. The City expresses its preferences for installations in certain locations in the public rights-of-way. The Director will take into account whether any less discouraged (or more preferred) locations are technically feasible and potentially available. All applicants should avoid proposing new wireless facilities located adjacent to residential frontage to the greatest extent feasible. All applicants must, to the extent feasible, propose new wireless facilities in the public rights-of-way in locations according to the following preferences, ordered from most preferred to least preferred:
1. 
Manufacturing districts;
2. 
Commercial districts;
3. 
Open space districts;
4. 
Agricultural districts;
5. 
Any location that abuts a park, school or landscaped panel or median between major streets and service roads;
6. 
Residential districts with multi-family residential uses;
7. 
Residential districts with single family residential uses.
B. 
Preferred Support Structures. In addition to the preferred locations described in Section 7708(A), the City also expresses its preference for installations on certain support structures in the public rights-of-way. The Director will take into account whether any less discouraged (or more preferred) support structures are technically feasible and potentially available. The City's preferred support structures in the public rights-of-way are as follows, ordered from most preferred to least preferred:
1. 
New facilities or collocations on existing City-owned structures;
2. 
New facilities on existing support structures;
3. 
New facilities on replacement support structures;
4. 
Collocations on existing support structures;
5. 
Collocations on replacement support structures;
6. 
New facilities on new support structures.
A. 
Construction and Installation Standards. The City Council authorizes the Director and the Department of Public Works to develop and from time-to-time amend construction and installation standards for all new wireless facilities and substantial changes to existing wireless facilities not covered under Section 6409 proposed to be located in the public rights-of-way. Such construction and installation standards, and any amendments to the construction and installation standards, shall be adopted by City Council Resolution, following a public hearing conducted pursuant to the applicable requirements of the Lakewood Municipal Code.
B. 
Administrative Design Guidelines. The City Council authorizes the Director to develop and from time-to-time amend administrative design guidelines to clarify the aesthetic goals and standards developed pursuant to this Section for City staff, applicants and the public. In the event that a conflict arises between the construction and installation standards adopted under 7709(A) and the administrative design guidelines adopted under 7709(B), the construction and installation standards shall control.
A. 
General Requirements for Temporary Wireless Facilities. Except as provided in Section 7710(B), the requirements, procedures and standards in this Section shall be applicable to all applications for a temporary use permit for a temporary wireless facility to be placed in the public rights-of-way.
1. 
Applications for Temporary Wireless Facilities. The Director shall not approve any temporary wireless facility subject to a temporary use permit except upon a duly filed application consistent with this Section 7710(A)(1) and any other written application requirements or procedures the Director may publish in any publicly-stated format. Applicants for a temporary use permit must submit, at a minimum: (1) a discretionary permit application on the most current form prepared by the Public Works Department; (2) the applicable fee for the application; (3) 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; (4) an RF compliance report in accordance with this Chapter; and (5) 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 a carries at least $1,000,000 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 use permit application.
2. 
Administrative Review for Temporary Wireless Facilities. After the Director receives a duly filed application for a temporary use 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 Section 7710(A)(3) 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 use permit for a temporary wireless facility only when the Director finds:
(a) 
The proposed temporary wireless facility will not exceed 50 feet in overall height above ground level;
(b) 
The proposed temporary wireless facility complies with all setback requirements applicable to the proposed location;
(c) 
The proposed temporary wireless facility will not involve any excavation or ground disturbance;
(d) 
The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which includes without limitation maximum permissible exposure limits for human exposure to RF emissions established by the FCC;
(e) 
The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location;
(f) 
The proposed temporary wireless facility will be identified with a sign that clearly identifies the (I) site operator, (II) the operator's site identification name or number and (III) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert power-down control over the antennas;
(g) 
The proposed wireless temporary wireless facility will be removed within 30 days after the Director grants the temporary use permit, or such longer time as the Director finds reasonably related to the applicant's need or purpose for the temporary wireless facility (but in no case longer than 90 days);
(h) 
The applicant has not been denied an approval for any permanent wireless facility in substantially the same location within the previous 365 days.
4. 
Appeals for Temporary Wireless Facilities. Any applicant may appeal the Director's written decision to deny an application for a temporary use permit. The written appeal together with any applicable appeal fee must be tendered to the City within 10 days from the Director's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals from the Director's written decision to deny a temporary use permit. The City Manager shall review the application de novo; provided, however, that the City Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
B. 
Temporary Wireless Facilities for Emergencies. Temporary wireless facilities may be placed and operated within the City without a temporary use 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 7710(B) must be removed within five days after the date the emergency is lifted. 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 of Public Works as soon as reasonably practicable, but no greater than 24 hours.