The purpose of this article is to provide reasonable, uniform and comprehensive standards for the development, siting, installation, operation, collocation, modification and removal of wireless telecommunications antennas and related facilities for wireless services in a manner that (1) complies with federal and California State law; (2) protects and promotes public health, safety, welfare and community aesthetics consistent with the goals, objectives and policies in the general plan; and (3) achieves the benefits from robust and ubiquitous wireless services through careful and thoughtful development.
This article does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with all applicable federal regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Applicable Facilities. The regulations contained in this article shall be applied to all applications for new wireless telecommunications facilities and all applications for collocations or modifications to existing wireless telecommunications facilities, whether proposed on private property or in the public right-of-way.
B. 
Nonconforming Facilities. Any existing wireless telecommunications facilities within the city's jurisdictional boundaries that do not conform to the requirements in this article are deemed to be "nonconforming structures" subject to the provisions in Chapter 18.76 PMC to the extent permitted under federal and California State law.
C. 
Exempt Facilities. Notwithstanding subsection (A) of this section, this article shall not be applied to: (1) facilities owned and operated by the city for the city's use; (2) amateur radio facilities (PMC § 18.84.020 et seq.); (3) over the air reception device ("OTARD") antenna facilities; (4) any facilities or equipment owned and operated by persons or entities with a valid franchise granted by the city council of the city of Pittsburg; (5) facilities or equipment owned and operated by California Public Utilities Commission ("CPUC") regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D; or (6) temporary facilities, for a nonrenewable period not to exceed six months, as determined and approved by the community development director, for: (a) emergency purposes, defined as a sudden unexpected occurrence where action is necessary to protect the public health, safety or welfare; (b) construction activities associated with replacement or relocation of existing facilities; or (c) special events approved in conjunction with, and subject to the terms and conditions of, a special event permit or temporary activity permit.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning.
"Antenna"
is the arrangement of wires, poles, rods or other devices used for the transmission or reception of electromagnetic waves.
"Applicant"
is any person or entity who applies for design review approval or a building permit pursuant to the requirements of this article.
"Arrays"
are several antennas connected and arranged in a regular structure to form a single antenna.
"Base station"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(1), as may be amended, which defines the term as follows: A structure or equipment at a fixed location that enables Federal Communications Commission (FCC) licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(9), or any equipment associated with a tower.
1. 
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.
2. 
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).
3. 
The term includes any structure other than a tower that, at the time a relevant application is filed under Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., supports or houses equipment described in subsections (1) and (2) of this definition and that has been reviewed and approved under the requirements of Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., 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.
4. 
The term does not include any structure that, at the time a relevant application is filed under Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., does not support or house equipment described in subsections (1) and (2) of this definition.
Note: As an illustration and not a limitation, a "base station" refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.
"Collocation"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(2), as may be amended, which defines the 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, "collocation" effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.
"Eligible facilities request"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(3), as may be amended, which defines the term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
"Eligible support structure"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(4), as may be amended, which defines the term as any tower or base station; provided, that it is existing at the time a relevant application is filed under this chapter.
"Existing"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(5), as may be amended, which provides that a constructed tower or base station is existing for purposes of Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., if it has been reviewed and approved under the requirements of this chapter, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
"Section 6409(a)"
means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as U.S. Code, Title 47, Chapter 13, Subchapter IV, Section 1455(a), as may be amended.
"Site"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
"Stealth"
refers to design techniques and elements that blend into the surrounding environment by means of screening, concealment, or camouflage and are so integrated into the surrounding natural or manmade environment that the observer does not recognize the structure as a wireless telecommunications facility. Examples include, but are not limited to: (1) wireless equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; (2) new architectural features that match the underlying building in architectural style, physical proportion and construction materials quality; (3) flush-to-grade underground equipment vaults with flush-to-grade entry hatches, with wireless equipment placed completely within.
"Substantial change"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the following provisions list the FCC's criteria and thresholds for a substantial change according to the facility type (base station or tower) and location (outside or inside the public right-of-way):
1. 
For towers outside the public rights-of-way, a substantial change occurs when:
a. 
The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
b. 
The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
c. 
The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
d. 
The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
2. 
For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
a. 
The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or
b. 
The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or
c. 
The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
d. 
The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or
e. 
The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
3. 
In addition, for all towers and base stations wherever located, a substantial change occurs when:
a. 
The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the city planner; or
b. 
The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.
Note: The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date that Congress passed Section 6409(a).
"Tower"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 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.
"Transmission equipment"
means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 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.
"Wireless telecommunications facility" and "facilities"
is a facility that transmits or receives electromagnetic signals for any wireless services and includes, but is not limited to, personal wireless services facilities. Such facilities include antennas and related equipment used in the transmission or receipt of communication signals, such as towers, poles or similar support structures, and equipment cabinets or buildings.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
In addition to any other requirements imposed by this article, or any other applicable provision in the PMC and general plan, all wireless telecommunications facilities subject to design review shall be consistent with all applicable laws, which include without limitation, all Federal Communications Commission (FCC) rules, regulations, and standards, and any other applicable federal, state or city laws or regulations.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Design Review. All applications for new wireless telecommunications facilities or collocations or modifications to existing wireless telecommunications facilities not subject to a minor modification approval, in any land use district, shall require design review subject to the planning commission's review.
B. 
Minor Modifications. All applications submitted with a request for approval pursuant to Section 6409(a) shall require a minor modification approval subject to the city planner's review.
C. 
Other Permits and Regulatory Approvals. In addition to any design review or minor modification approval, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this article is subject to the conditions and/or requirements of other required prior permits or approvals from other city departments, or state or federal agencies.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Minimum Application Submittal Requirements. In addition to the standard application submittal requirements for design review specified in PMC § 18.36.200, applications for design review or minor modifications of wireless telecommunications facilities pursuant to this article shall be required. The city planner may develop, publish and update, as needed, application forms, checklists, informational handouts and other related materials. Subject to the subsection (B) of this section exemption for applications submitted for a minor modification approval pursuant to Section 6409(a), all applications must at a minimum include the following information:
1. 
A fully dimensioned site plan, plans, and elevations drawn to scale, prepared by a California-licensed engineer or architect showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. The site plans must include descriptions and physical dimensions for all existing transmission equipment, if any, and all proposed transmission equipment to be installed.
2. 
Visual impact demonstrations using photographic simulations of the proposed facility in context of the site as it would be seen from reasonable line-of-sight locations from residential areas, public rights-of-way, public parks, and/or other sites as deemed appropriate by the city planner, together with a map that shows the photo location of each view angle.
3. 
A written description of the proposed approach for screening or camouflaging all facilities from public view, including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed facility would be camouflaged or rendered not readily visible. Where any part of the proposed facility would be readily visible, the application shall include a written explanation as to why it cannot or would not appropriately be screened or camouflaged from public view.
4. 
The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation as to why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this article as the proposed location. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the development standards in this article as the proposed location. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. When an applicant proposes a site in the public right-of-way, the initial alternative sites analysis required for a complete application may evaluate other potential locations and designs in the right-of-way.
5. 
Copies of, or a sworn statement by, an authorized representative that applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate wireless telecommunications facilities that are required in order for the applicant to construct the proposed facility, and that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals.
6. 
A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefited; (c) the estimated number of potentially affected users in the targeted service area; and (d) 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.
7. 
A radio frequency (RF) report acceptable to the city prepared and certified by an RF engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.
8. 
A fully completed and executed application form as required by the city, as may be amended or updated from time to time. The applicant must state the approval it seeks (i.e., design review or minor modification pursuant to Section 6409(a)).
9. 
An application fee established by the city, as may be amended or updated from time to time.
10. 
A cash or other sufficient deposit tendered by the applicant to the city for any third party peer review determined by the city to be necessary to ensure compliance with the requirements of this article.
B. 
Application Submittal Requirements for Minor Modifications.
1. 
Notwithstanding subsection (A) of this section, applications for minor modifications pursuant to Section 6409(a) are exempt from the requirements in subsections (A)(3), (4) and (6) of this section.
2. 
An applicant that submits an application for a minor modification approval pursuant to Section 6409(a) shall provide a written statement that explains in plain factual detail whether and why Section 6409(a) and the related regulations at Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., require approval for the specific project. A complete written narrative analysis shall state the applicable standard and all the facts that allow the city to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include: (a) whether and why the support structure qualifies as an existing tower or existing base station; and (b) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.
An applicant that submits an application for a minor modification approval pursuant to Section 6409(a) shall provide true, correct and complete copies of all permits and other regulatory approvals, including without limitation any conditions of approval, issued in connection with the tower or base station to be collocated on or modified.
C. 
Pre-Application Meeting Appointment. Prior to application submittal, applicants must schedule and attend a pre-application meeting with a member of the planning staff for all proposed new non-stealth freestanding wireless facilities. Such pre-application meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project may qualify for approval pursuant to Section 6409(a); potential concealment issues (if applicable); coordination with other city departments responsible for application review; and the materials required for a complete application. For all other projects, pre-application meetings are strongly encouraged but not required. City staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request.
D. 
Application Submittal and Resubmittal Procedures. All applications must be submitted to the city at a pre-scheduled appointment. Applicants may submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible for the city. City staff will endeavor to provide applicants with an appointment within approximately five working days after a request.
E. 
Deemed-Withdrawn Applications. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 90 days after the city deems the application incomplete in a written notice to the applicant. The city planner may, in the city planner's sole discretion, grant a written extension for up to an additional 30 days upon a written request for an extension received prior to the ninetieth day. The city planner may grant further written extensions only for good cause, which includes circumstances outside the applicant's reasonable control.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Required Findings. Prior to the approval of a design review or minor modification request, the applicable reviewing authority shall review the application in accordance with the following:
1. 
Design Review. The planning commission review shall be conducted in accordance with the requirements of this article and in accordance with the following standards:
a. 
The wireless telecommunications facility conforms with good taste, good design and in general contributes to the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;
b. 
The exterior design and appearance of the wireless telecommunications facility is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;
c. 
The wireless telecommunications facility is in harmony with proposed developments on land in the general area;
d. 
The application conforms with the criteria set forth in any applicable city-adopted design guidelines; and
e. 
The applicant demonstrated that it proposed the least intrusive means to achieve its technical objectives.
2. 
Minor Modification Pursuant to Section 6409(a). The city planner may approve a minor modification pursuant to Section 6409(a) when the city planner finds that the proposed collocation or modification qualifies as an eligible facilities request and does not cause a substantial change.
a. 
In addition to any other alternative recourse permitted under federal law, the city planner may deny a minor modification permit when the city planner finds that the proposed collocation or modification:
i. 
Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or
ii. 
Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification; or
iii. 
Involves the replacement of the entire support structure; or
iv. 
Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.
b. 
Any denial of a minor modification pursuant to Section 6409(a) application shall be without prejudice to the applicant, the real property owner or the project. Subject to the application and submittal requirements in this article, the applicant may immediately submit a new permit application for design review as appropriate.
B. 
Location Criteria. The following location criteria should be considered when locating new wireless telecommunications facilities:
1. 
Wireless telecommunications facilities may be approved on or near historic structures, historic districts, and scenic corridors as defined in the general plan only when the transmission equipment is so concealed as to be invisible from residential areas, public rights-of-way, public parks, and/or other sites as deemed appropriate by the planning commission. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of wireless telecommunications facilities and related equipment.
2. 
Wireless telecommunications facilities shall be collocated whenever technically feasible and where the collocation does not create an adverse aesthetic impact due to such factors as increasing the bulk, height, traffic or ambient noise created by the proposed wireless telecommunications facilities.
3. 
Wireless telecommunications facilities shall be preferred in industrial and commercial districts and shall not be located in residential districts to the greatest extent feasible.
4. 
Wireless telecommunications facilities proposed in the public rights-of-way shall be sited in accordance with the city's preferences to the maximum extent feasible. In order of most preferred to least preferred, the city prefers wireless facilities placed on: (a) existing city-owned right-of-way structures; then (b) other existing rights-of-way structures; then (c) new rights-of-way structures. The planning commission may authorize a less-preferred placement only when it finds that either (i) no more-preferred locations are available or (ii) placement of a proposed wireless telecommunications facility in the public right-of-way on a less-preferred structure would be less intrusive based on the particular facts and circumstances involved. Nothing in this chapter shall be deemed to give an applicant the right to use or access the public right-of-way without an encroachment permit issued pursuant to Chapter 12.01 PMC.
C. 
Height Requirements. New wireless telecommunications facilities shall meet the following height requirements:
1. 
All freestanding wireless telecommunications facilities shall be designed at the minimum functional height required for the coverage area unless the planning commission determines that additional height is needed for architectural reasons.
2. 
No wireless telecommunications facility shall exceed or project above the height limits specified for the base district in which the facility is located. For wireless telecommunications facilities proposed in the public right-of-way, the applicable height limit shall be the height limit specified for the nearest private property lot as measured from the lot line to base of the pole or other antenna support structure.
3. 
Wireless telecommunications facilities proposed on an existing building, structure, tower, or pole that is legal nonconforming in terms of height shall not exceed or project above the existing height of the building, structure, tower or pole.
D. 
Design Requirements. In addition to all other requirements set forth in this article, all wireless telecommunications facilities shall meet the following design requirements to the maximum extent feasible:
1. 
All wireless telecommunications facilities shall be designed and located to minimize and conceal their visibility to the greatest extent feasible by means of placement, screening, and camouflage. Facilities shall be compatible in scale and architecturally integrated with the design of underlying and/or surrounding structures, built environment or the natural setting. The applicant shall use the least visible antennas feasible to accomplish the owner/service provider's coverage or capacity objectives.
2. 
Related equipment shall be located inside a building or in underground vaults whenever possible. If related equipment is to be located inside a new equipment building, that building shall be located where it would be the least visible from surrounding properties and the public right-of-way and shall be screened through use of walls, fencing, year-round landscaping, or combinations thereof, which is appropriate in design, height and material to the character of the location and the structure to be screened.
3. 
Wireless telecommunications facilities may be integrated into existing or newly developed facilities that are functional for other purposes, including, but not limited to, ball field lights, shopping center freeway signs and flagpoles. All such structure-mounted wireless telecommunications facilities shall be designed to conceal all the transmission equipment, including without limitation the incorporation of radomes and internal cable risers.
4. 
Architectural additions and/or appurtenances to existing antenna support structures that are intended to conceal wireless telecommunications facilities shall be designed to be appropriate in mass, scale, material, texture, color and character with the existing antenna support structure.
5. 
All wireless telecommunications facilities shall comply with the setback requirements of the base district in which the facility is located, including without limitation the support structure and ground-mounted equipment.
6. 
Landscaping shall be planted as the planning commission determines to be necessary or appropriate to minimize the visual impact of the wireless telecommunications facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The planning commission shall determine the appropriate minimum size of new trees and shrubs. Where appropriate and directly related to the applicant's placement, construction, or modification of wireless telecommunications facilities, the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening unless the planning commission approves appropriate replacement landscaping.
7. 
Building-mounted facilities shall be architecturally integrated into the existing building. Facade-mounted equipment, not including any required screening, shall not project more than 18 inches from the face of the building or other support structure unless specifically authorized by the planning commission.
8. 
Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be constructed of nonreflective materials and finished to blend with the underlying or surrounding structures or natural environment. Facilities shall be painted or textured using colors to minimize their visual impact.
9. 
Newly constructed towers or monopoles should be capable of collocation.
10. 
Stealth monopoles disguised as a tree shall be of a height, character and placement that is appropriate to the location. The planning commission may require the applicant to plant additional new trees to blend the mono-tree into the surrounding environment. Stealth monopoles designed to look like a flagpole shall be discouraged.
11. 
Exterior lighting shall not be allowed on wireless telecommunications facilities except for timed or motion-sensitive lights required for use of authorized persons on site during hours of darkness or except as required by the Federal Aviation Administration (FAA).
12. 
Proposed facilities shall not result in a reduced number of available parking spaces below the amount required pursuant to Chapter 18.78 PMC.
13. 
All wireless telecommunications facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The planning commission may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, wireless telecommunications facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to design review.
14. 
Wireless telecommunications facilities shall not be used for advertising.
E. 
Wireless Facilities in the Public Right-of-Way. In addition to the generally applicable standards and guidelines provided in subsections (B) through (D) of this section, all proposed new and modifications to wireless telecommunications facilities in the public rights-of-way shall conform to the following requirements:
1. 
Applicants shall install all nonantenna equipment underground in any underground utility district as defined in Chapter 12.36 PMC. In all other districts, applicants must install all nonantenna equipment underground to the extent technically feasible, and the planning commission may require, as a condition of approval, that the applicant underground its nonantenna equipment at the time the project site becomes part of an underground utility district, if ever. This requirement will not be interpreted or applied to require applicants to underground any electric meter or emergency disconnect switch.
2. 
To minimize aesthetic impacts and the overall visual profile, all pole-mounted equipment must be installed as close to the pole as technically feasible, concealed within a shroud or other appropriate enclosure, painted flat and nonreflective colors to match the underlying pole and oriented away from prominent views. To the extent feasible, pole-mounted equipment must be placed behind existing signs or other pole attachments. All required or permitted signage in the rights-of-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be placed within the pole when possible or otherwise concealed from public view to the extent feasible.
3. 
Ground-mounted equipment shall be least preferred as compared to undergrounded or pole-mounted equipment. The planning commission may require the applicant to place any ground-mounted equipment in landscaped areas or behind new or existing walls or fences.
4. 
Antennas should be mounted either flush to the pole or on top of the pole whenever feasible. Antennas must be screened within a radome or other similar concealment technique that covers the entire antenna and all cables, connectors and hardware.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Review by the Planning Commission. The planning commission shall review all wireless telecommunications facilities not otherwise subject to minor modification approval.
1. 
New Towers. All new towers, including but not limited to proposed facilities on new poles or structures in the public right-of-way, shall require a public hearing in accordance with Chapter 18.14 PMC and California Government Code Section 65091.
2. 
Other Facilities. All other wireless telecommunications facilities shall be subject to review by the planning commission in accordance with the requirements of subsection (C) of this section.
B. 
Findings. The city planner, planning commission, or the city council, in the case of an appeal, shall make written findings for its decision as provided in PMC § 18.16.010(A) and § 18.84.930(A), as appropriate. If strict compliance with these required findings as applied to a specific proposed personal wireless services facility would effectively prohibit the provision of personal wireless services, the planning commission may grant a limited, one-time exemption from strict compliance if the applicant demonstrates with clear and convincing evidence all the following findings:
1. 
The proposed wireless facility qualifies as a "personal wireless services facility" as defined in U.S.C. 47 § 332(c)(7)(C)(ii);
2. 
The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area;
3. 
The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why an alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and
4. 
The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviation is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives.
C. 
Notice. For a public hearing under the provisions of this article, notice shall be given in the manner specified in PMC § 18.14.020 and Government Code Section 65091. For all other applications subject to review by the planning commission as under this article, the city planner shall be required to give notice in accordance with PMC § 18.36.340 and § 18.36.350.
D. 
Imposition of Conditions of Approval. The reviewing authority may impose conditions to the granting of approval of design review as the reviewing authority finds necessary or appropriate to promote the purposes in this article and the general plan.
E. 
Duration of Approval. Approval terminates upon the expiration of 10 years from the approval, or upon the expiration of one year from approval if a building or grading permit has not been issued within that time. The planning commission may extend the duration of the approval upon written request filed within the effective period of approval.
F. 
Deemed-Approval Notice. No more than 30 days before the applicable time frame for review expires, the applicant must provide written notice to all persons entitled to notice in accordance with PMC § 18.36.340 and § 18.36.350, as modified in this section.
1. 
The notice must contain the following statement: "Pursuant to California Government Code Section 65964.1, state law may deem the application approved in 30 days unless the city approves or denies the application, or the city and applicant reach a mutual tolling agreement."
2. 
In addition to all persons entitled to notice in accordance with PMC § 18.36.340 and § 18.36.350, the applicant must deliver written notice to the city planner, which contains the same statement required in subsection (F)(1) of this section. The applicant may tender such notice in person or certified United States mail.
3. 
The notice required under this subsection (F) shall be automatically deemed "provided" on the thirtieth day after the city planner receives the notice required in this subsection.
G. 
Notice of Decision. Within five working days after a final decision by the city council, notice of the decision shall be mailed to the applicant at the address shown on the application and to all other persons who have filed a written request for notice of the decision with the planning department. The city shall provide the reasons for any denial either in the written decision or in some other written record available at the same time as the denial.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Design Review. Any person aggrieved by the action of the reviewing authority may appeal the action to the next highest reviewing authority as prescribed in Chapter 18.18 PMC. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. If no appeal is filed, the action taken on the application is final. The appeal shall be reviewed de novo and a notice of decision shall be provided in accordance with PMC § 18.84.935(G).
B. 
Minor Modifications Pursuant to Section 6409(a). Notwithstanding the procedures prescribed in Chapter 18.18 PMC and subject to applicable federal time frames for local review, any person aggrieved by the decision of the city planner may appeal the decision to the planning commission to reverse the city planner's decision to approve or deny without prejudice a minor modification application. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The planning commission shall review the decision of the city planner de novo for compliance with the criteria set out in PMC § 18.84.930(A)(2).
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
Standard Conditions of Approval. Any validly issued design review or minor modification approval, or any permit or approval deemed granted or deemed approved by the operation of law, shall contain the following conditions of approval, as may be modified with additional conditions on a project-by-project basis:
1. 
This permit will automatically expire 10 years and one day from its issuance, except when California Government Code Section 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 in connection with any collocation, modification or other change to this facility, which includes without limitation any permits or other approvals deemed granted or deemed approved under federal or state law, shall not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.
2. 
Before the permittee submits any applications to the building division, the permittee must incorporate 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 facility in strict 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 facility, must be submitted in a written request subject to the city planner's prior review and approval, who may refer the request to the planning commission if the city planner finds that the requested alteration, modification or other change implicates a significant or substantial land use concern.
3. 
The permittee expressly acknowledges and agrees that the city or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the city or its 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. The permittee shall be permitted to supervise the city or its designee while such inspection or emergency access occurs.
4. 
The permittee and, if applicable, the nongovernment private property owner, agrees to indemnify, defend, and hold harmless the city, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person challenging the validity of this project approval, subsequent project approval, or other action arising out of, or in connection with, this project approval or the activities or performance of the applicant or the private property owner, if applicable, or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. The parties shall cooperate in defending such action or proceeding. The parties shall use reasonable efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, city may select its own legal counsel at permittee's sole cost and expense. Permittee may select its own legal counsel to represent permittee's interests at permittee's sole cost and expense. Permittee shall pay for city's costs of defense, whether directly or by timely reimbursement to city on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by city in defense of any such action or other proceeding, plus staff and city attorney time spent responding to and defending the claim, action or proceeding.
5. 
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 facility or any use or activities in connection with the use authorized in this permit. 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.
6. 
This permit will automatically expire in six months from the date of approval, or deemed approval by operation of law, unless a building permit or grading permit has been issued or a written request for extension is filed with the planning division prior to the expiration date and is subsequently approved by the planning commission. The approval shall be valid for no more than six months from the date of building permit issuance, unless work is commenced and diligently pursued prior to the expiration of the building permit.
7. 
Within 30 days after a permittee transfers any interest in the facility or permit(s) in connection with the facility, the permittee shall deliver written notice to the city. The written notice required in this section must include: (a) the transferee's legal name; (b) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and (c) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. Failure to submit the notice required herein shall be a cause for the city to revoke the applicable permits pursuant to and following the procedure set out in PMC § 18.84.960.
8. 
The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions and other documentation associated with the permit or regulatory approval. In the event that the city cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permittee fails to retain full and complete permits or other regulatory approvals in the permittee's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents shall be conclusively resolved against the permittee.
9. 
Each owner or service provider of a wireless telecommunications facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. Contact information shall be kept current. The design, materials, colors, and location of signs larger than four square feet shall be subject to design review.
10. 
The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscaped areas, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from trash, debris, and litter at all times. The permittee, at no cost to the city, shall remove and remediate any graffiti or other forms of vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
11. 
The permittee shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the approved landscape plan shall be submitted to the city planner for approval.
12. 
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 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 on (a) any weekday between 7:00 p.m. and 8:00 a.m. or (b) any Saturday, Sunday or holiday. 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 community development director or the community development director's designee may issue a stop work order for any work that violates this condition. In addition, the planning commission may revoke this permit if the permittee habitually or routinely violates this condition, whether the community development director or the community development director's designee issued any stop work orders or not.
13. 
Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. All air conditioning units, generators and any other equipment that might emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under Chapter 9.44 PMC. Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in Chapter 9.44 PMC.
B. 
Minor Modification Standard Conditions of Approval. In addition to all applicable standard conditions of approval required under subsection (A) of this section, any minor modification approval granted by the city or deemed granted by the operation of law must include the following conditions of approval:
1. 
The city's grant or grant by operation of law of a minor modification approval pursuant to Section 6409(a) constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city's grant or grant by operation of law of a minor modification permit pursuant to Section 6409(a) shall not extend the permit term for any design review approval or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
2. 
In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) modification, the permit or permits issued in connection with such Section 6409(a) modification(s) shall automatically expire one year from the effective date of the judicial order, or they may be extended by the city planner upon a written request from the permittee that shows good cause for an extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) modification when it has submitted an application for design review for those improvements before the one-year period ends.
3. 
The city's grant or grant by operation of law of a minor modification permit pursuant to Section 6409(a) does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
Any application to renew any design review or minor modification approval granted under this article must be tendered to the city between 365 days and 180 days prior to the expiration of the current permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The city shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. The city may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
To promote public health, safety and welfare, the city planner may declare a facility abandoned or discontinued when:
1. 
The permittee notifies the city planner that it abandoned or discontinued the use of the facility for a continuous period of 90 days;
2. 
The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the city planner that states the basis for the city planner's belief that the facility has been abandoned or discontinued for a continuous period of 90 days; or
3. 
The permit expires in the case where the permittee has failed to file a timely application for renewal in accordance with PMC § 18.84.950.
B. 
After the city planner declares the facility abandoned or discontinued, the permittee shall have 90 days from the date of the declaration (or longer time as the city planner may approve in writing as reasonably necessary) to:
1. 
Reactivate the use of the abandoned or discontinued facility subject to the provisions of this article and all conditions of approval;
2. 
Transfer its rights to use the facility, subject to the provisions of this article and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or
3. 
Remove the facility and all improvements installed solely in connection with the facility, and restore the site to its original condition, compliant with all applicable codes, consistent with the then-existing surrounding area.
C. 
If the permittee fails to act as required within the prescribed time period, the planning commission may deem the facility abandoned at a noticed public meeting. The city planner shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner, that provides 30 days (or longer time as the city planner may approve in writing as reasonably necessary) from the notice date to:
1. 
Reactivate the use of the abandoned or discontinued facility subject to the provisions of this article and all conditions of approval;
2. 
Transfer its rights to use the facility, subject to the provisions of this article and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or
3. 
Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.
D. 
If the permittee fails to act as required within the prescribed time period, the city may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, include any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The city clerk shall cause the lien to be recorded with the Contra Costa County recorder's office. Within 60 days after the lien amount is fully satisfied including costs and interest, the city clerk shall cause the lien to be released with the Contra Costa County recorder's office.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
A. 
A permit granted under this article may be revoked for noncompliance with any enforceable permit, permit condition or law applicable to the facility according to the following procedures:
1. 
When the city planner finds reason to believe that grounds for permit revocation exist, the city planner shall send written notice by certified U.S. mail, return receipt requested, to the permittee at the permittee's last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice to cure the noncompliance or show that no noncompliance ever occurred.
2. 
If after notice and opportunity to show that no noncompliance ever occurred or to cure the noncompliance, the permittee fails to cure the noncompliance, the planning commission shall conduct a noticed public hearing to determine whether to revoke the permit for the uncured noncompliance. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the planning commission. After the noticed public hearing, the planning commission may deny the revocation or revoke the permit when it finds that the permittee had notice of the noncompliance and a reasonable opportunity to cure the noncompliance, but failed to comply with any enforceable permit, permit condition or law applicable to the facility. Written notice of the planning commission's determination and the reasons therefor shall be dispatched by certified U.S. mail, return receipt requested, to the permittee's last known address.
3. 
Upon revocation, the planning commission may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare.
B. 
A person who builds or maintains a wireless telecommunications facility in violation of the requirements of approval prescribed in this article is guilty of an infraction and shall be punished as provided in PMC § 18.90.060. Each day or a portion thereof that a violation exists is a separate offense and shall be punished as such.
(Ord. 15-1390 § 3 (Exh. B), 2015; Ord. 16-1418 § 4 (Exh. A), 2016)
An applicant or permittee shall not be relieved of its obligation to comply with every provision of the PMC, this article, any permit issued hereunder or any applicable law or regulation by reason of any failure of the city to notice, enforce or prompt compliance by the applicant or permittee.
(Ord. 16-1418 § 4 (Exh. A), 2016)