ORD 578U ORDINANCE NO. 578U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, ADDING A NEW CHAPTER ENTITLED "WIRELESS
TELECOMMUNICATIONS FACILITIES" TO CHAPTER 18 OF TITLE 12 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO PROVIDE UNIFORM AND
COMPREHENSIVE REGULATIONS AND STANDARDS,ALONG WITH PERMIT
REQUIREMENTS, FOR THE INSTALLATION OF WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
A. Recitals.
(i) The purpose of this Ordinance is to amend the City's Municipal Code to
provide uniform and comprehensive standards and regulations, along with permit
requirements, for the installation of wireless telecommunications facilities in the City's
public right-of-way (ROW).
(ii) The City currently has approximately 140 wireless installations in the ROW.
The City has approximately 52 pending or anticipated applications for wireless
installations in the ROW.
(iii) The Municipal Code contains very minimal standards or regulations
specifically designed to address the unique legal and/or practical issues that arise in
connection with wireless telecommunications facilities deployed in the ROW.
(iv) The City Council finds that the lack of current standards and regulations in
the Municipal Code for wireless facilities in the ROW, the substantial number of pending
and anticipated applications for wireless facilities in the ROW, the inability to adopt a
temporary moratorium, and the potential liabilities and negative consequences for
noncompliance with state and federal regulations (including, without limitation, automatic
approvals) present current and immediate threat to the public health, safety and welfare.
The City Council further finds and declares that the immediate implementation of the
Ordinance is necessary to preserve and protect public health, safety and welfare.
(v) State and federal law requires local governments to act on permit
applications for wireless facilities within a prescribed time period and may automatically
deem an application approved when a failure to act occurs. See 47 U.S.C. §
332(c)(7)(B)(iii); 47 C.F.R. §§ 1.40001 et seq.; Cal. Gov't Code § 65964.1. The Federal
Communications Commission (FCC) may require a decision on certain applications in as
few as 60 days. See 47 C.F.R. § 1.40001(c)(2); see also In the Matter of Acceleration of
Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and
Order, 29 FCC Rcd. 12865 (Oct. 17, 2014) [hereinafter "2014 Report and Orde►"j; In the
Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(8) to
Ensure Timely Siting Review, Declaratory Ruling, 24 FCC Rcd. 13994 (Nov. 18, 2009)
[hereinafter "2009 Declaratory Ruling"]. Pursuant to FCC regulations, the City cannot
adopt a moratorium ordinance to toll the time period for review, even when needed to
allow the City to maintain the status quo while it reviews and revises its policies for
Ordinance No. 578U
Page 1 of 34
01203.0006/276114.7
compliance with changes in state or federal law. See 47 C.F.R. § 1.40001(c)(3); 2014
Report and Order, 29 FCC Rcd. at 219, 265.
(vi) State and federal law have changed substantially since the City last adopted
regulations for wireless installation in the ROW. Such changes include modifications to
"shot clocks" whereby the City must approve or deny installations within a certain period
of time. The City is in immediate need of clear regulations for wireless installations in the
ROW given the number of pending or anticipated applications and legal timelines upon
which the City must act.
(vii) The ROW in the City of Rancho Palos Verdes is a uniquely valuable public
resource, closely linked with the City's residential character and natural beauty. Whereas
the reasonably regulated and orderly deployment of wireless facilities in the ROW is
desirable, unregulated or disorderly deployment represents an ever-increasing and true
threat to the health, welfare and safety of the community.
(viii) The regulations of wireless installations in the ROW are necessary to
protect and preserve the aesthetics in the community, as well as the values of properties
within the City, and to ensure that all wireless facilities are installed using the least
intrusive means possible.
(ix) On January 19, 2016, the City Council of the City of Rancho Palos Verdes
conducted and concluded a duly noticed public hearing concerning the Municipal Code
amendments contained herein as required by law and received testimony from City staff
and all interested parties regarding the proposed amendments.
(x) The City Council finds and determines as follows:
1. The Federal Telecommunications Act of 1996 preempts and
declares invalid all state rules that restrict entry or limit competition in both local and long-
distance telephone service.
2 The California Public Utilities Commission ("CPUC") is primarily
responsible for the implementation of local telephone competition and it issues certificates
of public convenience and necessity to new entrants that are qualified to provide
competitive local telephone exchange services and related telecommunications service,
whether using their own facilities or the facilities or services provided by other authorized
telephone corporations.
3. Section 234(a) of the California Public Utilities Code defines a
"telephone corporation" as "every corporation or person owning, controlling, operating, or
managing any telephone line for compensation within this state."
4. Section 616 of the California Public Utilities Code provides that a
telephone corporation "may condemn any property necessary for the construction and
maintenance of its telephone line."
Ordinance No. 578U
Page 2 of 34
01203.0006/276114.7
5. Section 2902 of the California Public Utilities Code authorizes
municipal corporations to retain their powers of control to supervise and regulate the
relationships between a public utility and the general public in matters affecting the health,
convenience, and safety of the general public, including matters such as the use and
repair of public streets by any public utility and the location of the poles, wires, mains, or
conduits of any public utility on, under, or above any public streets.
6. Section 7901 of the California Public Utilities Code authorizes
telephone and telegraph corporations to construct telephone or telegraph lines along and
upon any public road or highway, along or across any of the waters or lands within this
state, and to erect poles, posts, piers, or abatements for supporting the insulators, wires,
and other necessary fixtures of their lines, in such manner and at such points as not to
incommode the public use of the road or highway or interrupt the navigation of the waters.
7. Section 7901.1 of the California Public Utilities Code confirms the
right of municipalities to exercise reasonable control as to the time, place, and manner in
which roads, highways, and waterways are accessed, which control must be applied to
all entities in an equivalent manner, and may involve the imposition of fees.
8. Section 50030 of the California Government Code provides that any
permit fee imposed by a city for the placement, installation, repair, or upgrading of
telecommunications facilities, such as lines, poles, or antennas, by a telephone
corporation that has obtained all required authorizations from the CPUC and the FCC to
provide telecommunications services, must not exceed the reasonable costs of providing
the service for which the fee is charged, and must not be levied for general revenue
purposes.
(xi) All legal prerequisites to the adoption of the Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals, Part A of this Ordinance, are true
and correct.
SECTION 2. Environmental Review
A. The City Council finds that, pursuant to CEQA Guidelines, section
15061(b)(3), it has determined with certainty that there is no possibility that this project
may have a significant impact on the physical environment. This Ordinance is being
enacted to bring the city's processing procedures into compliance with existing State and
federal law. The mere synchronization of these timelines into the City's zoning Ordinance
is not a "physical condition" that will impact the environment for the purposes of the
California Environmental Quality Act ("CEQA"). Therefore, this project is not subject to
CEQA
Ordinance No. 578U
Page 3 of 34
01203.0006/276114.7
SECTION 3. Section 13.12.320 of Chapter 12, Title 13 is hereby amended and
replaced in its entirety to read as follows:
"13.12.320 Antennas for telecommunications services.
A. Section 17.76.020 of Chapter 17.76 of Title 17 of this Code sets forth the city's
regulatory requirements relating to the siting and construction of the following
categories of antennas that are commonly used in providing or receiving
telecommunications services:
1. Satellite earth station antennas, (also known as "satellite dish antennas"),
which are parabolic or dish-shaped antennas which are in excess of one (1)
meter in diameter or devices that are designed for over-the-air reception of
radio or television broadcast signals, multichannel multipoint distribution
service, or direct broadcast satellite services.
2. Commercial antennas, which are unstaffed facilities for the transmission or
reception of radio, television, and communications signals, commonly
consisting of an antenna array, connection cables, a support structure to
achieve the necessary elevation, and an equipment facility to house
accessory equipment, which may include cabinets, pedestals, shelters, and
similar protective structures.
B. Notwithstanding any other provision of this chapter, Chapter 12.18 of this code
shall apply to siting, modification and construction of wireless
telecommunication facilities, as defined therein, which in whole or in part, itself
or as part of another structure, rests upon, in, over or under the public right-of-
way, including, but not limited to, any such facility owned, controlled, operated
or managed by an entity entitled to construct within the right-of-way pursuant
to a franchise with the city or state law."
SECTION 4. Chapter 18 "Wireless Telecommunications Facilities in the Public
Right-of-Way" is hereby added to Title 12 of the Rancho Palos Verdes Municipal Code
beginning at Section 12.18.010 to read as follows:
"CHAPTER 18. WIRELESS TELECOMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHT-OF-WAY
12.18.010 Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive
set of regulations and standards for the permitting, development, siting, installation,
design, operation and maintenance of wireless telecommunications facilities in the city's
public right-of-way. These regulations are intended to prescribe clear and reasonable
criteria to assess and process applications in a consistent and expeditious manner, while
reducing the impacts associated with wireless telecommunications facilities. This chapter
provides standards necessary (1) for the preservation of the public right-of-way in the city
for the maximum benefit and use of the public, (2) to promote and protect public health
Ordinance No. 578U
Page 4 of 34
01203.0006/276114.7
and safety, community welfare, visual resources and the aesthetic quality of the city
consistent with the goals, objectives and policies of the General Plan, and (3) to provide
for the orderly, managed and efficient development of wireless telecommunications
facilities in accordance with the state and federal laws, rules and regulations.
12.18.020 Definitions.
"Accessory equipment" means any equipment associated with the installation of a
wireless telecommunications facility, including but not limited to cabling, generators, fans,
air conditioning units, electrical panels, equipment shelters, equipment cabinets,
equipment buildings, pedestals, meters, vaults, splice boxes, and surface location
markers.
"Antenna" means that part of a wireless telecommunications facility designed to
radiate or receive radio frequency signals.
"Cellular" means an analog or digital wireless telecommunications technology that
is based on a system of interconnected neighboring cell sites.
"Code" means the Rancho Palos Verdes Municipal Code.
"Collocation" means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency
signal for communication purposes.
"COW" means a "cell on wheels," which is a wireless telecommunications facility
temporarily rolled in or temporarily installed.
"Director" means the director of public works, or his or her designee.
"Facility(ies)" means wireless telecommunications facilities.
"Ground-Mounted" means mounted to a telecommunications tower.
"Modification" means a change to an existing wireless telecommunications facility
that involves any of the following: collocation, expansion, alteration, enlargement,
intensification, reduction, or augmentation, including, but not limited to, changes in size,
shape, color, visual design, or exterior material. "Modification" does not include repair,
replacement or maintenance if those actions do not involve a change to the existing facility
involving any of the following: collocation, expansion, alteration, enlargement,
intensification, reduction, or augmentation.
"Monopole" means a structure composed of a pole or tower used to support
antennas or related equipment. A monopole also includes a monopine, monopalm and
similar monopoles camouflaged to resemble faux trees or other faux objects attached on
a monopole (e.g. water tower).
"Mounted" means attached or supported.
Ordinance No. 578U
Page 5 of 34
01203.0006/276114.7
"Located within the public right-of-way" includes any facility which in whole or in
part, itself or as part of another structure, rests upon, in, over or under the public right-of-
way.
"Pole" means a single shaft of wood, steel, concrete or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and as
required by provisions of this Code.
"Public right-of-way" means any public right-of-way as defined by section
17.96.1490 of this Code.
"Sensitive uses" means any residential use, public or private school, day care,
playground, and retirement facility.
"Telecommunications tower" means a freestanding mast, pole, monopole, guyed
tower, lattice tower, free standing tower or other structure designed and primarily used to
support wireless telecommunications facility antennas.
"Utility Pole" means any pole or tower owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical or other utility
services regulated by the California Public Utilities Commission.
"Wireless telecommunications facility," "facility" or "facilities" mean any facility that
transmits and/or receives electromagnetic waves. It includes, but is not limited to,
antennas and/or other types of equipment for the transmission or receipt of such signals,
telecommunications towers or similar structures supporting such equipment, related
accessory equipment, equipment buildings, parking areas, and other accessory
development.
Exceptions: The term "wireless telecommunications facility" does not apply to
the following:
(a) Government owned and operated telecommunications facilities.
(b) Emergency medical care provider-owned and operated
telecommunications facilities.
(c) Mobile services providing public information coverage of news events of
a temporary nature.
(d) Any wireless telecommunications facilities exempted from this Code by
federal law or state law.
"Wireless telecommunications services" means the provision of services using a
wireless telecommunications facility or a wireless telecommunications collocation facility,
and shall include, but not limited to, the following services: personal wireless services as
defined in the federal Telecommunications Act of 1996 at 47 U.S.C. §332(c)(7)(C) or its
Ordinance No. 578U
Page 6 of 34
01203.0006/276114.7
successor statute, cellular service, personal communication service, and/or data radio
telecommunications.
12.18.030 Applicability.
A. This chapter applies to the siting, construction or modification of any and all
wireless telecommunications facilities proposed to be located in the public right-
of-way as follows:
1. All facilities for which applications were not approved prior to January 19,
2016 shall be subject to and comply with all provisions of this division.
2. All facilities for which applications were approved by the city prior to
January 19, 2016 shall not be required to obtain a new or amended permit
until such time as a provision of this code so requires. Any wireless
telecommunication facility that was lawfully constructed prior to
January 19, 2016 that does not comply with the standards, regulations
and/or requirements of this division, shall be deemed a nonconforming use
and shall also be subject to the provisions of section 12.18.230.
3. All facilities, notwithstanding the date approved, shall be subject
immediately to the provisions of this chapter governing the operation and
maintenance (section 12.18.130), radio frequency emissions monitoring
(section 12.18.140), cessation of use and abandonment (section
12.18.170), removal and restoration (section 12.18.180) of wireless
telecommunications facilities and the prohibition of dangerous conditions or
obstructions by such facilities (section 12.18.150); provided, however, that
in the event a condition of approval conflicts with a provision of this division,
the condition of approval shall control until the permit is amended or
revoked.
B. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over the Air Reception Devices ("OTARD") antennas;
3. Facilities owned and operated by the city for its use;
4. Any entity legally entitled to an exemption pursuant to state or federal law
or governing franchise agreement.
12.18.040 Wireless Telecommunications Facility Permit Requirements.
A. Major Wireless Telecommunications Facilities Permit.
All new wireless facilities or collocations or modifications to existing wireless
facilities shall require a Major Wireless Telecommunications Facilities Permit
Ordinance No. 578U
Page 7 of 34
01203.0006/276114.7
subject to planning commission approval unless otherwise provided for in this
chapter.
B. Administrative Wireless Telecommunications Facilities Permit.
1. An Administrative Wireless Telecommunications Facilities Permit, subject
to the director's approval, may be issued for new facilities or collocations or
modifications to existing facilities that meet all the following criteria:
a. The proposal is not located in any location identified in section
12.18.200.
b. The proposal would not significantly impair any view from any
viewing area as those terms are interpreted and applied in Code
section 17.02.040; and
c. The proposal complies with all applicable provisions in this chapter
without need for an exception pursuant to section 12.18.190.
2. The director may, in the director's discretion, refer any application for an
Administrative Wireless Telecommunications Facilities Permit to the
planning commission for approval.
3. In the event that the director determines that any application submitted for
an Administrative Wireless Telecommunications Facilities Permit does not
meet the criteria this Code, the director shall convert the application to a
Major Wireless Facilities Permit application and refer it to the planning
commission.
C. Master Deployment Plan Permit.
1. Any applicant that seeks approval for five (5) or more wireless
telecommunications facilities (including new facilities and collocations to
existing facilities) may elect to submit an application for a Master
Deployment Plan Permit subject to planning commission approval. The
proposed facilities in a Master Deployment Plan shall be reviewed together
at the same time and subject to the same requirements and procedures
applicable to a Major Wireless Telecommunications Facilities Permit.
2. A Master Deployment Plan Permit shall be deemed an approval for all
wireless telecommunications facilities within the plan; provided, however,
that an individual encroachment permit shall be required for each wireless
telecommunications facility.
3. After the planning commission approves a Master Deployment Plan Permit,
any deviations or alterations from the approved Master Deployment Plan
for an individual wireless telecommunications facility shall require either a
Ordinance No. 578U
Page 8 of 34
01203.0006/276114.7
Major Wireless Telecommunications Facilities Permit or an Administrative
Wireless Telecommunications Facilities Permit, as applicable.
D. Other Permits Required. In addition to any permit that may be required under
this chapter, 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 chapter is subject to the conditions and/or requirements of
other required prior permits or other approvals from other city departments,
state or federal agencies.
E. Eligible Applicants. Only applicants who have been granted the right to enter
the public right-of-way pursuant to state or federal law, or who have entered
into a franchise agreement with the city permitting them to use the public right-
of-way, shall be eligible for a permit to install or modify a wireless
telecommunications facility or a wireless telecommunications collocation facility
in the public right-of-way.
F. Speculative Equipment Prohibited. The city finds that the practice of "pre-
approving" wireless equipment or other improvements that the applicant does
not presently intend to install but may wish to install at some undetermined
future time does not serve the public's best interest. The city shall not approve
any equipment or other improvements in connection with a Wireless
Telecommunications Facility Permit when the applicant does not actually and
presently intend to install such equipment or construct such improvements.
12.18.050 Application for Wireless Telecommunications Facility Permit.
A. Application.
1. In addition to the information required of an applicant for an encroachment
permit or any other permit required by this code, each applicant requesting
approval of the installation or modification of a wireless telecommunications
facility in the public right-of-way shall fully and completely submit to the city
a written application on a form prepared by the director.
2. No applicant seeking to install wireless antennas shall seek an
encroachment permit for fiber or coaxial cable only. Applicants shall
simultaneously request fiber installation or other cable installation when
seeking to install antennas in the right-of-way.
B. Application Contents The director shall develop an application form and make
it available to applicants upon request. The supplemental application form for
a new wireless telecommunications facility installation in the public right-of-way
shall require the following information, in addition to all other information
determined necessary by the director:
1. The name, address and telephone number of the applicant, owner and the
operator of the proposed facility.
Ordinance No. 578U
Page 9 of 34
01203.0006/276114.7
2. If the applicant is an agent, the applicant shall provide a duly executed letter
of authorization from the owner of the facility. If the owner will not directly
provide wireless telecommunications services, the applicant shall provide a
duly executed letter of authorization from the person(s) or entity(ies) that
will provide those services.
3. If the facility will be located on or in the property of someone other than the
owner of the facility (such as a street light pole, street signal pole, utility
pole, utility cabinet, vault, or cable conduit), the applicant shall provide a
duly executed written authorization from the property owner(s) authorizing
the placement of the facility on or in the property owner's property.
4. A full written description of the proposed facility and its purpose.
5. Detailed engineering plans of the proposed facility and related report
prepared by a professional engineer registered in the state documenting the
following:
a. Height, diameter and design of the facility, including technical
engineering specifications, economic and other pertinent factors
governing selection of the proposed design, together with evidence that
demonstrates that the proposed facility has been designed to the
minimum height and diameter required from a technological standpoint
for the proposed site. A layout plan, section and elevation of the tower
structure shall be included.
b. A photograph and model name and number of each piece of equipment
included
c. Power output and operating frequency for the proposed antenna.
d. Total anticipated capacity of the structure, indicating the number and
types of antennas and power and frequency ranges, which can be
accommodated.
e. Sufficient evidence of the structural integrity of the pole or other
supporting structure as required by the city.
6. A justification study which includes the rationale for selecting the proposed
use; if applicable, a detailed explanation of the coverage gap that the
proposed use would serve; and how the proposed use is the least intrusive
means for the applicant to provide wireless service. Said study shall include
all existing structures and/or alternative sites evaluated for potential
installation of the proposed facility and why said alternatives are not a viable
option.
7. Site plan(s) to scale, specifying and depicting the exact proposed location
of the pole, pole diameter, antennas, accessory equipment, access or utility
Ordinance No. 578U
Page 10 of 34
01203.0006/276114.7
easements, landscaped areas, existing utilities, adjacent land uses, and
showing compliance with section 12.18.080.
8. Scaled elevation plans of proposed poles, antennas, accessory equipment,
and related landscaping and screening.
9. A completed environmental assessment application.
10.If the applicant requests an exception to the requirements of this chapter(in
accordance with section 12.18.190), the applicant shall provide all
information and studies necessary for the city to evaluate that request.
11.An accurate visual impact analysis showing the maximum silhouette,
viewshed analysis, color and finish palette and proposed screening for the
facility, including scaled photo simulations from at least 3 different angles.
12.Completion of the radio frequency (RF) emissions exposure guidelines
checklist contained in Appendix A to the Federal Communications
Commission's (FCC) "Local Government Official's Guide to Transmitting
Antenna RF Emission Safety" to determine whether the facility will be
"categorically excluded" as that term is used by the FCC.
13.For a facility that is not categorically excluded under the FCC regulations
for RF emissions, the applicant shall submit an RF exposure compliance
report prepared and certified by an RF engineer acceptable to the city that
certifies that the proposed facility, as well as any facilities that contribute to
the cumulative exposure in the subject area, will comply with applicable
federal RF exposure standards and exposure limits. The RF report must
include the actual frequency and power levels (in watts Effective Radio
Power"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.
14.[Reserved]
15.Copies of any documents that the applicant is required to file pursuant to
Federal Aviation Administration regulations for the facility.
16.A noise study prepared by a qualified acoustic engineer documenting that
the level of noise to be emitted by the proposed wireless
telecommunications facility will comply with this Code including section
12.18.080(A)(16)(B).
Ordinance No. 578U
Page 11 of 34
01203.0006/276114.7
17.A traffic control plan when the proposed installation is on any street in a
non-residential zone. The city shall have the discretion to require a traffic
control plan when the applicant seeks to use large equipment (e.g. crane).
18.A scaled conceptual landscape plan showing existing trees and vegetation
and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity will screen
the site.
19.A written description identifying the geographic service area for the subject
installation including geographic and propagation maps, that identifies the
location of the proposed facility in relation to all existing and planned
facilities maintained within the city by each of the applicant, operator, and
owner, if different entities, as well as the estimated number of potentially
affected uses in the geographic service area. Regardless of whether a
Master Deployment Plan Permit is sought, the applicant shall depict all
locations anticipated for new construction and/or modifications to existing
facilities, including collocation, within two years of submittal of the
application. Longer range conceptual plans for a period of five years shall
also be provided, if available.
a. In the event the applicant seeks to install a wireless telecommunications
facility to address service coverage concerns, 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;
b. In the event the applicant seeks to address service capacity concerns,
a written explanation identifying the existing facilities with service
capacity issues together with competent evidence to demonstrate the
inability of those facilities to meet capacity demands.
20.Certification that applicant is a telephone corporation or a statement
providing the basis for its claimed right to enter the right-of-way. If the
applicant has a certificate of public convenience and necessity (CPCN)
issued by the California Public Utilities Commission, it shall provide a copy
of its CPCN.
21.An application fee, and a deposit for a consultant's review as set forth in
paragraph E of this section in an amount set by resolution by the city council
and in accordance with California Government Code section 50030.
22.Proof that a temporary mock-up of the facility and sign has been installed
at the proposed location for a period of at least thirty (30) calendar days.
Ordinance No. 578U
Page 12 of 34
01203.0006/276114.7
a. Applicant shall obtain an encroachment permit before installing the
temporary mock-up, and must remove the temporary mock-up within five
(5) calendar days of receiving a written notice to remove from the
director.
b. When seeking the encroachment permit, the applicant shall provide
address labels for use by the city in noticing all property owners within
500 feet of the proposed installation. The city shall mail a notice
regarding installation of the mock-up at least five (5) business days prior
to the installation.
c. The mock-up shall demonstrate the height and mass of the facility,
including all interconnecting cables. The applicant shall not be entitled
to install the facility it intends to install permanently. The mock-up may
consist of story poles or the like.
d. The mock-up shall include a sign that displays photo simulations
depicting before and after images, including any accessory equipment
cabinet, and the telephone number of the Public Works Department.
e. The applicant shall be required to follow any other city practices or
processes relevant to the installation of a mock-up as may be provided
in a publicly accessible form or document.
f. After installation of the mock-up, the applicant shall certify that the mock-
up accurately represents the height and width of the proposed
installation and has been installed consistent with this Code.
23.Any other information and/or studies determined necessary by the director
may be required.
C. Application Contents — Modification of Existing Facility. The content of the
application form for a modification to an existing facility shall be determined by
the director, and shall include but not be limited to the requirements listed in
section 12.18.050(B) unless prohibited by state or federal law.
D. Effect of State or Federal Law Change. In the event a subsequent state or
federal law prohibits the collection of any information required by section
12.18.050(B), the director is authorized to omit, modify or add to that request
from the city's application form with the written approval of the city attorney,
which approval shall be a public record.
E. Independent Expert. The director is authorized to retain on behalf of the city
an independent, qualified consultant to review any application for a permit for
a wireless telecommunications facility. The review is intended to be a review
of technical aspects of the proposed wireless telecommunications facility and
shall address any or all of the following:
Ordinance No. 578U
Page 13 of 34
01203.0006/276114.7
1. Compliance with applicable radio frequency emission standards;
2. Whether any requested exception is necessary to close a significant gap in
coverage and is the least intrusive means of doing so;
3. The accuracy and completeness of submissions;
4. Technical demonstration of the unavailability of alternative sites or
configurations and/or coverage analysis;
5. The applicability of analysis techniques and methodologies;
6. The validity of conclusions reached or claims made by applicant;
7. The viability of alternative sites and alternative designs; and
8. Any other specific technical issues identified by the consultant or designated
by the city.
The cost of this review shall be paid by the applicant through a deposit pursuant
to an adopted fee schedule resolution. No permit shall be issued to any applicant which
has not fully reimbursed the city for the consultants cost.
12.18.060 Review Procedure
A. Pre-submittal Conference. Prior to application submittal, the city strongly
encourages all applicants to schedule and attend a pre-submittal conference
with Public Works Department staff to receive informal feedback on the
proposed location, design and application materials. The pre-submittal
conference is intended to identify potential concerns and streamline the formal
application review process after submittal. Public Works Department staff will
endeavor to provide applicants with an appointment within approximately five
(5) business days after receipt of a written request.
B. Application Submittal Appointment. All applications must be submitted to the
city at a pre-scheduled appointment. Applicants may submit one (1) application
per appointment but may schedule successive appointments for multiple
applications whenever feasible as determined by the city. City staff will
endeavor to provide applicants with an appointment within five (5) business
days after receipt of a written request.
C. Notice; Decisions. The provisions in this section describe the procedures for
approval and any required notice and public hearings for an application.
1. Planning Commission Hearings. Any permit application under this chapter
subject to planning commission approval shall require notice and a public
hearing. Notice of such hearing shall be provided in accordance with Code
section 17.80.090. The planning commission may approve, or conditionally
Ordinance No. 578U
Page 14 of 34
01203.0006/276114.7
approve, an application only after it makes the findings required in section
12.18.090.
2. Director's Decision Notice. The director may approve, or conditionally
approve, an application only after it makes the findings required in section
12.18.090. Within five days after the director approves or conditionally
approves an application under this chapter, the director shall provide notice
in accordance with Code section 17.80.040.
3. Notice of Shot Clock Expiration. The city acknowledges there are federal
and state shot clocks which may be applicable to a proposed wireless
telecommunications facility. That is, federal and state law provide time
periods in which the city must approve or deny a proposed wireless
telecommunications facility. As such, the applicant is required to provide
the city written notice of the expiration of any shot clock, which the applicant
shall ensure is received by the city (e.g. overnight mail) no later than twenty
(20) days prior to the expiration.
4. Written Decision Required. All final decisions made pursuant to this chapter
shall be in writing and based on substantial evidence in the written
administrative record. The written decision shall include the reasons for the
decision.
D. Appeals. Any aggrieved person or entity may appeal a decision by the director
or the planning commission as provided in accordance with the provisions in
Code chapter 17.80. The appellate authority may hear the appeal de novo.
12.18.080 Requirements for Facilities within the Public Right-of-Way
A. Design and Development Standards. All wireless telecommunications facilities
that are located within the public right-of-way shall be designed and maintained
as to minimize visual, noise and other impacts on the surrounding community
and shall be planned, designed, located, and erected in accordance with the
following:
1. General Guidelines.
a. The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless
telecommunications facilities in order to ensure that the facility is as
visually screened as possible, to prevent the facility from dominating the
surrounding area and to minimize significant view impacts from
surrounding properties all in a manner that achieves compatibility with
the community and in compliance with section 17.02.040 of this Code.
b. Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage,
disguise, and/or blend into the environment, including landscaping,
Ordinance No. 578U
Page 15 of 34
01203.0006/276114.7
color, and other techniques to minimize the facility's visual impact as
well as be compatible with the architectural character of the surrounding
buildings or structures in terms of color, size, proportion, style, and
quality.
c. Facilities shall be located such that views from a residential structure are
not significantly impaired. Facilities shall also be located in a manner
that protects public views over city view corridors, as defined in the city's
general plan, so that no significant view impairment results in
accordance with this Code including section 17.02.040. This provision
shall be applied consistent with local, state and federal law.
2. [Reserved]
3. Traffic Safety. All facilities shall be designed and located in such a manner
as to avoid adverse impacts on traffic safety.
4. Blending Methods.All facilities shall have subdued colors and non-reflective
materials that blend with the materials and colors of the surrounding area
and structures.
5. Equipment. The applicant shall use the least visible equipment possible.
Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future
collocation by the same or other operators or carriers. Unless otherwise
provided in this section, antennas shall be situated as close to the ground
as possible.
6. Poles.
a. Facilities shall be located consistent with section 12.18.200 unless an
exception pursuant to section 12.18.190 is granted.
b. Only pole-mounted antennas shall be permitted in the right-of-way. All
other telecommunications towers are prohibited, and no new poles are
permitted that are not replacing an existing pole. (For exceptions see
subparagraph (h) below and sections 12.18.190 and 12.18.220.)
c. Utility Poles. The maximum height of any antenna shall not exceed forty-
eight (48) inches above the height of an existing utility pole, nor shall
any portion of the antenna or equipment mounted on a pole be less than
twenty-four (24) feet above any drivable road surface. All installations
on utility poles shall fully comply with the California Public Utilities
Commission general orders, including, but not limited to, General Order
95, as may be revised or superseded.
d. Light Poles. The maximum height of any antenna shall not exceed four
(4) feet above the existing height of a light pole. Any portion of the
Ordinance No. 578U
Page 16 of 34
01203.0006/276114.7
antenna or equipment mounted on a pole shall be no less than sixteen
and a half (16 1/2) feet above any drivable road surface.
e. Replacement Poles. If an applicant proposes to replace a pole in order
to accommodate a proposed facility, the pole shall be designed to
resemble the appearance and dimensions of existing poles near the
proposed location, including size, height, color, materials and style to
the maximum extent feasible.
f. Pole mounted equipment, exclusive of antennas, shall not exceed six
(6) cubic feet in dimension.
g. [Reserved]
h. An exception shall be required to place a new pole in the public right-of-
way. If an exception is granted for placement of new poles in the right-
of-way:
i. Such new poles shall be designed to resemble existing poles in the
right-of-way near that location, including size, height, color, materials
and style, with the exception of any existing pole designs that are
scheduled to be removed and not replaced.
ii. Such new poles that are not replacement poles shall be located at
least ninety (90) feet from any existing pole to the extent feasible.
iii. Such new poles shall not adversely impact public view corridors, as
defined in the general plan, and shall be located to the extent feasible
in an area where there is existing natural or other feature that
obscures the view of the pole. The applicant shall further employ
concealment techniques to blend the pole with said features.
iv. A new pole justification analysis shall be submitted to demonstrate
why existing infrastructure cannot be utilized and demonstrating the
new pole is the least intrusive means possible including a
demonstration that the new pole is designed to be the minimum
functional height and width required to support the proposed facility.
i. All cables, including, but not limited to, electrical and utility cables, shall
be run within the interior of the pole and shall be camouflaged or hidden
to the fullest extent feasible. For all wooden poles wherein interior
installation is infeasible, conduit and cables attached to the exterior of
poles shall be mounted flush thereto and painted to match the pole.
7. Space. Each facility shall be designed to occupy the least amount of space
in the right-of-way that is technically feasible.
Ordinance No. 578U
Page 17 of 34
01203.0006/276114.7
8. Wind Loads. Each facility shall be properly engineered to withstand wind
loads as required by this Code or any duly adopted or incorporated code.
An evaluation of high wind load capacity shall include the impact of
modification of an existing facility.
9. Obstructions. Each component part of a facility shall be located so as not
to cause any physical or visual obstruction to pedestrian or vehicular traffic,
incommode the public's use of the right-of-way, or safety hazards to
pedestrians and motorists and in compliance with section 17.48.070 so as
not to obstruct the intersection visibility triangle.
10.Public Facilities. A facility shall not be located within any portion of the
public right-of-way interfering with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure, or any
other public health or safety facility.
11.Screening. All ground-mounted facility, pole-mounted equipment, or walls,
fences, landscaping or other screening methods shall be installed at least
eighteen (18) inches from the curb and gutter flow line.
12.Accessory Equipment. Not including the electric meter, all accessory
equipment shall be located underground, except as provided below:
a. Unless city staff determines that there is no room in the public right-of-
way for undergrounding, or that undergrounding is not feasible, an
exception shall be required in order to place accessory equipment
above-ground and concealed with natural or manmade features to the
maximum extent possible.
b. When above-ground is the only feasible location for a particular type of
accessory equipment and will be ground-mounted, such accessory
equipment shall be enclosed within a structure, and shall not exceed a
height of five (5) feet and a total footprint of fifteen (15) square feet, and
shall be fully screened and/or camouflaged, including the use of
landscaping, architectural treatment, or acceptable alternate screening.
Required electrical meter cabinets shall be screened and/or
camouflaged.
c. In locations where homes are only along one side of a street, above-
ground accessory equipment shall not be installed directly in front of a
residence. Such above-ground accessory equipment shall be installed
along the side of the street with no homes. Unless said location is
located within the coastal setback or the landslide moratorium area, then
such locations shall be referred to the city's geotechnical staff for review
and recommendations.
13.Landscaping. Where appropriate, each facility shall be installed so as to
maintain and enhance existing landscaping on the site, including trees,
Ordinance No. 578U
Page 18 of 34
01203.0006/276114.7
foliage and shrubs. Additional landscaping shall be planted, irrigated and
maintained by applicant where such landscaping is deemed necessary by
the city to provide screening or to conceal the facility.
14.Signage. No facility shall bear any signs or advertising devices other than
certification, warning or other signage required by law or permitted by the
city.
15.Lighting.
a. No facility may be illuminated unless specifically required by the Federal
Aviation Administration or other government agency. Beacon lights are
not permitted unless required by the Federal Aviation Administration or
other government agency.
b. Legally required lightning arresters and beacons shall be included when
calculating the height of facilities such as towers, lattice towers and
monopoles.
c. Any required lighting shall be shielded to eliminate, to the maximum
extent possible, impacts on the surrounding neighborhoods.
d. Unless otherwise required under FAA or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights, and
must install such lights so as to avoid illumination impacts to adjacent
properties to the maximum extent feasible. The city may, in its discretion,
exempt an applicant from the foregoing requirement when the applicant
demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a
qualified lighting professional to evaluate potential impacts to adjacent
properties.
16.Noise.
a. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 7:00 PM and 7:00 AM.
b. At no time shall equipment noise from any facility exceed an exterior
noise level of fifty-five (55) dBA three (3) feet from the source of the
noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within five hundred (500) feet
of any property zoned residential or improved with a residential use,
such equipment noise shall not exceed forty-five (45) dBA.
Ordinance No. 578U
Page 19 of 34
01203.0006/276114.7
17.Security. Each facility shall be designed to be resistant to, and minimize
opportunities for, unauthorized access, climbing, vandalism, graffiti and
other conditions that would result in hazardous situations, visual blight or
attractive nuisances. The director 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, a facility has the potential to become an attractive nuisance.
Additionally, no lethal devices or elements shall be installed as a security
device.
18.Modification. Consistent with current state and federal laws and if
permissible under the same, at the time of modification of a wireless
telecommunications facility, existing equipment shall, to the extent feasible,
be replaced with equipment that reduces visual, noise and other impacts,
including, but not limited to, undergrounding the equipment and replacing
larger, more visually intrusive facilities with smaller, less visually intrusive
facilities.
19.The installation and construction approved by a wireless
telecommunications facility permit shall begin within one (1) year after its
approval or it will expire without further action by the city.
B. Conditions of Approval. In addition to compliance with the design and
development standards outlined in this section, all facilities shall be subject to
the following conditions of approval (approval may be by operation of law), as
well as any modification of these conditions or additional conditions of approval
deemed necessary by the director:
1. The permittee shall submit an as built drawing within ninety (90) days after
installation of the facility. [As-builts shall be in an electronic format
acceptable to the city which can be linked to the city's GIS.]
2. The permittee shall submit and maintain current at all times basic contact
and site information on a form to be supplied by the city. The permittee shall
notify the city of any changes to the information submitted within thirty (30)
days of any change, including change of the name or legal status of the
owner or operator. This information shall include, but is not limited to, the
following:
a. Identity, including the name, address and 24-hour local or toll free
contact phone number of the permittee, the owner, the operator, and the
agent or person responsible for the maintenance of the facility.
b. The legal status of the owner of the wireless telecommunications facility.
3. The permittee shall notify the city in writing at least ninety (90) days prior to
any transfer or assignment of the permit. The written notice required in this
section must include: (1) the transferee's legal name; (2) the transferee's
Ordinance No. 578U
Page 20 of 34
01203.0006/276114.7
full contact information, including a primary contact person, mailing
address, telephone number and email address; and (3) a statement signed
by the transferee that the transferee shall accept all permit terms and
conditions. The director may require the transferor and/or the transferee to
submit any materials or documentation necessary to determine that the
proposed transfer complies with the existing permit and all its conditions of
approval, if any. Such materials or documentation may include, but shall not
be limited to: federal, state and/or local approvals, licenses, certificates or
franchise agreements; statements; photographs; site plans and/or as-built
drawings; and/or an analysis by a qualified radio frequency engineer
demonstrating compliance with all applicable regulations and standards of
the Federal Communications Commission. Noncompliance with the permit
and all its conditions of approval, if any, or failure to submit the materials
required by the director shall be a cause for the city to revoke the applicable
permits pursuant to and following the procedure set on in section 12.18.180.
4. At all times, all required notices and/or signs shall be posted on the site as
required by the Federal Communications Commission, California Public
Utilities Commission, any applicable licenses or laws, and as approved by
the city. The location and dimensions of a sign bearing the emergency
contact name and telephone number shall be posted pursuant to the
approved plans.
5. Permittee shall pay for and provide a performance bond or other form of
security approved by the city attorney's office, which shall be in effect until
the facilities are fully and completely removed and the site reasonably
returned to its original condition, to cover permittee's obligations under
these conditions of approval and this code. The security instrument
coverage shall include, but not be limited to, removal of the facility. (The
amount of the security instrument shall be calculated by the applicant in its
submittal documents in an amount rationally related to the obligations
covered by the bond and shall be specified in the conditions of approval.)
Before issuance of any building permit, permittee must submit said security
instrument.
6. If a nearby property owner registers a noise complaint, the city shall forward
the same to the permittee. Said compliant shall be reviewed and evaluated
by the applicant. The permittee shall have ten (10) business days to file a
written response regarding the complaint which shall include any applicable
remedial measures. If the city determines the complaint is valid and the
applicant has not taken any steps to minimize the noise, the city may hire a
consultant to study, examine and evaluate the noise complaint and the
permittee shall pay the fee for the consultant if the site is found in violation
of this chapter. The matter shall be reviewed by the director. If the director
determines sound proofing or other sound attenuation measures should be
required to bring the project into compliance with the Code, the director may
impose conditions on the project to achieve said objective.
Ordinance No. 578U
Page 21 of 34
01203.0006/276114.7
7. A condition setting forth the permit expiration date in accordance with
section 12.18.160 shall be included in the conditions of approval.
8. The wireless telecommunications facility shall be subject to such conditions,
changes or limitations as are from time to time deemed necessary by the
director for the purpose of: (a) protecting the public health, safety, and
welfare; (b) preventing interference with pedestrian and vehicular traffic;
and/or (c) preventing damage to the public right-of-way or any adjacent
property. The city may modify the permit to reflect such conditions, changes
or limitations by following the same notice and public hearing procedures
as are applicable to the underlying permit for similarly located facilities,
except the permittee shall be given notice by personal service or by
registered or certified mail at the last address provided to the city by the
permittee.
9. The permittee shall not transfer the permit to any person prior to the
completion of the construction of the facility covered by the permit, unless
and until the transferee of the permit has submitted the security instrument
required by section 12.18.080(6)(5).
10.The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement or property without the
prior consent of the owner of that structure, improvement or property. No
structure, improvement or property owned by the city shall be moved to
accommodate a wireless telecommunications facility unless the city
determines that such movement will not adversely affect the city or any
surrounding businesses or residents, and the permittee pays all costs and
expenses related to the relocation of the city's structure, improvement or
property. Prior to commencement of any work pursuant to an
encroachment permit issued for any facility within the public right-of-way,
the permittee shall provide the city with documentation establishing to the
city's satisfaction that the permittee has the legal right to use or interfere
with any other structure, improvement or property within the public right-of-
way to be affected by applicant's facilities.
11.The permittee shall assume full liability for damage or injury caused to any
property or person by the facility.
12.The permittee shall repair, at its sole cost and expense, any damage
including, but not limited to subsidence, cracking, erosion, collapse,
weakening, or loss of lateral support to city streets, sidewalks, walks, curbs,
gutters, trees, parkways, street lights, traffic signals, improvements of any
kind or nature, or utility lines and systems, underground utility line and
systems, or sewer systems and sewer lines that result from any activities
performed in connection with the installation and/or maintenance of a
wireless telecommunications facility in the public right-of-way. The
permittee shall restore such areas, structures and systems to the condition
Ordinance No. 578U
Page 22 of 34
01203.0006/276114.7
in which they existed prior to the installation or maintenance that
necessitated the repairs. In the event the permittee fails to complete such
repair within the number of days stated on a written notice by the city
engineer. Such time period for correction shall be based on the facts and
circumstances, danger to the community and severity of the disrepair.
Should the permittee not make said correction within the time period allotted
the city engineer shall cause such repair to be completed at permittee's sole
cost and expense.
13.No facility shall be permitted to be installed in the drip line of any tree in the
right-of-way.
14.Insurance. The permittee shall obtain, pay for and maintain, in full force
and effect until the facility approved by the permit is removed in its entirety
from the public right-of-way, an insurance policy or policies of public liability
insurance, with minimum limits of Two Million Dollars ($2,000,000) for each
occurrence and Four Million Dollars ($4,000,000) in the aggregate, that fully
protects the city from claims and suits for bodily injury and property damage.
The insurance must name the city and its elected and appointed council
members, boards, commissions, officers, officials, agents, consultants,
employees and volunteers as additional named insureds, be issued by an
insurer admitted in the State of California with a rating of at least a A:VII in
the latest edition of A.M. Best's Insurance Guide, and include an
endorsement providing that the policies cannot be canceled or reduced
except with thirty (30) days prior written notice to the city, except for
cancellation due to nonpayment of premium. The insurance provided by
permittee shall be primary to any coverage available to the city, and any
insurance or self-insurance maintained by the city and its elected and
appointed council members, boards, commissions, officers, officials,
agents, consultants, employees and volunteers shall be excess of
permittee's insurance and shall not contribute with it. The policies of
insurance required by this permit shall include provisions for waiver of
subrogation. In accepting the benefits of this permit, permittee hereby
waives all rights of subrogation against the city and its elected and
appointed council members, boards, commissions, officers, officials,
agents, consultants, employees and volunteers. The insurance must afford
coverage for the permittee's and the wireless provider's use, operation and
activity, vehicles, equipment, facility, representatives, agents and
employees, as determined by the city's risk manager. Before issuance of
any building permit for the facility, the permittee shall furnish the city risk
manager certificates of insurance and endorsements, in the form
satisfactory to the city attorney or the risk manager, evidencing the
coverage required by the city.
15.Permittee shall defend, indemnify, protect and hold harmless city, its elected
and appointed council members, boards, commissions, officers, officials,
agents, consultants, employees, and volunteers from and against any and
Ordinance No. 578U
Page 23 of 34
01203.0006/276114.7
all claims, actions, or proceeding against the city, and its elected and
appointed council members, boards, commissions, officers, officials,
agents, consultants, employees, and volunteers to attack, set aside, void or
annul, an approval of the city, planning commission or city council
concerning this permit and the project. Such indemnification shall include
damages of any type, judgments, settlements, penalties, fines, defensive
costs or expenses, including, but not limited to, interest, attorneys' fees and
expert witness fees, or liability of any kind related to or arising from such
claim, action, or proceeding. The city shall promptly notify the permittee of
any claim, action, or proceeding. Nothing contained herein shall prohibit
city from participating in a defense of any claim, action or proceeding. The
city shall have the option of coordinating the defense, including, but not
limited to, choosing counsel after consulting with permittee and at
permittee's expense.
16.Additionally, to the fullest extent permitted by law, the permittee, and every
permittee and person in a shared permit, jointly and severally, shall defend,
indemnify, protect and hold the city and its elected and appointed council
members, boards, commissions, officers, officials, agents, consultants,
employees and volunteers harmless from and against all claims, suits,
demands, actions, losses, liabilities, judgments, settlements, costs
(including, but not limited to, attorney's fees, interest and expert witness
fees), or damages claimed by third parties against the city for any injury
claim, and for property damage sustained by any person, arising out of,
resulting from, or are in any way related to the wireless telecommunications
facility, or to any work done by or use of the public right-of-way by the
permittee, owner or operator of the wireless telecommunications facility, or
their agents, excepting only liability arising out of the sole negligence or
willful misconduct of the city and its elected and appointed council
members, boards, commissions, officers, officials, agents, consultants,
employees and volunteers.
17.Should the utility company servicing the facility with electrical service that
does not require the use of an above ground meter cabinet, the permittee
shall at its sole cost and expense remove the meter cabinet and any related
foundation within ninety (90) days of such service being offered and
reasonably restore the area to its prior condition. An extension may be
granted if circumstances arise outside of the control of the permittee.
18.Relocation. The permittee shall modify, remove, or relocate its facility, or
portion thereof, without cost or expense to city, if and when made necessary
by (i) any public improvement project, including, but not limited to, the
construction, maintenance, or operation of any underground or above
ground facilities including but not limited to sewers, storm drains, conduits,
gas, water, electric or other utility systems, or pipes owned by city or any
other public agency, (ii) any abandonment of any street, sidewalk or other
public facility, (iii) any change of grade, alignment or width of any street,
Ordinance No. 578U
Page 24 of 34
01203.0006/276114.7
sidewalk or other public facility, or (iv) a determination by the director that
the wireless telecommunications facility has become incompatible with
public health, safety or welfare or the public's use of the public right-of-way.
Such modification, removal, or relocation of the facility shall be completed
within ninety (90) days of notification by city unless exigencies dictate a
shorter period for removal or relocation. Modification or relocation of the
facility shall require submittal, review and approval of a modified permit
pursuant to the Code including applicable notice and hearing procedures.
The permittee shall be entitled, on permittee's election, to either a pro-rata
refund of fees paid for the original permit or to a new permit, without
additional fee, at a location as close to the original location as the standards
set forth in the Code allow. In the event the facility is not modified, removed,
or relocated within said period of time, city may cause the same to be done
at the sole cost and expense of permittee. Further, due to exigent
circumstances including those of immediate or imminent threat to the
public's health and safety, the city may modify, remove, or relocate wireless
telecommunications facilities without prior notice to permittee provided
permittee is notified within a reasonable period thereafter.
19.Permittee shall agree in writing that the permittee is aware of, and agrees
to abide by, all conditions of approval imposed by the wireless
telecommunications facility permit within thirty (30) days of permit issuance.
The permit shall be void and of no force or effect unless such written
consent is received by the city within said thirty (30) day period.
20.Prior to the issuance of any encroachment , permittee may be required to
enter into a right-of-way agreement with the city in accordance with Section
12.18.100.
21."Permittee" shall include the applicant and all successors in interest to this
permit.
12.18.090 Findings.
No permit shall be granted for a wireless telecommunications facility unless all of
the following findings are made by the director:
A. All notices required for the proposed installation have been given.
B. The proposed facility has been designed and located in compliance with all
applicable provisions of this chapter.
C. If applicable, the applicant has demonstrated its inability to locate on existing
infrastructure.
D. The applicant has provided sufficient evidence supporting the applicant's claim
that it has the right to enter the public right-of-way pursuant to state or federal
Ordinance No. 578U
Page 25 of 34
01203.0006/276114.7
law, or the applicant has entered into a franchise agreement with the city
permitting them to use the public right-of-way.
E. The applicant has demonstrated the proposed installation is designed such that
the proposed installation represents the least intrusive means possible and
supported by factual evidence and a meaningful comparative analysis to show
that all alternative locations and designs identified in the application review
process were technically infeasible or not available.
12.18.100 [Section Reserved]
12.18.110 Nonexclusive grant.
No permit or approval granted under this chapter shall confer any exclusive right,
privilege, license or franchise to occupy or use the public right-of-way of the city for any
purpose whatsoever. Further, no approval shall be construed as any warranty of title.
12.18.120 Emergency Deployment.
A COW shall be permitted for the duration of an emergency declared by the city or
at the discretion of the director.
12.18.130 Operation and Maintenance Standards.
All wireless telecommunications facilities must comply at all times with the
following operation and maintenance standards.
A. Unless otherwise provided herein, all necessary repairs and restoration shall
be completed by the permittee, owner, operator or any designated
maintenance agent within forty-eight (48) hours:
1. After discovery of the need by the permittee, owner, operator or any
designated maintenance agent; or
2. After permittee, owner, operator or any designated maintenance agent
receives notification from the city.
B. Each permittee of a wireless telecommunications facility shall provide the
director with the name, address and 24-hour local or toll free contact phone
number of the permittee, the owner, the operator and the agent responsible for
the maintenance of the facility("contact information"). Contact information shall
be updated within seven (7) days of any change.
C. All facilities, including, but not limited to, telecommunication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage
or camouflage, and the facility site shall be maintained in good condition,
including ensuring the facilities are reasonably free of:
Ordinance No. 578U
Page 26 of 34
01203.0006/276114.7
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint;
3. Rust and corrosion;
4. Cracks, dents, and discoloration;
5. Missing, discolored or damaged artificial foliage or other camouflage;
6. Graffiti, bills, stickers, advertisements, litter and debris;
7. Broken and misshapen structural parts; and
8. Any damage from any cause.
D. All trees, foliage or other landscaping elements approved as part of the facility
shall be maintained in good condition at all times, and the permittee, owner and
operator of the facility shall be responsible for replacing any damaged, dead or
decayed landscaping. No amendment to any approved landscaping plan may
be made until it is submitted to and approved by the director.
E. The permittee shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it
was in at the time of installation.
F. Each facility shall be operated and maintained to comply at all conditions of
approval. Each owner or operator of a facility shall routinely inspect each site
to ensure compliance with the same and the standards set forth in this chapter.
12.18.140 RF Emissions and Other Monitoring Requirements.
The owner and operator of a facility shall submit within ninety (90) days of
beginning operations under a new or amended permit, and every five years from the date
the facility began operations, a technically sufficient report ("monitoring report") that
demonstrates the following:
A. The facility is in compliance with applicable federal regulations, including
Federal Communications Commission RF emissions standards, as certified by
a qualified radio frequency emissions engineer;
B. The facility is in compliance with all provisions of this section and its conditions
of approval.
12.18.150 No Dangerous Condition or Obstructions Allowed
No person shall install, use or maintain any facility which in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or maintenance
endangers or is reasonably likely to endanger the safety of persons or property, or when
Ordinance No. 578U
Page 27 of 34
01203.0006/276114.7
such site or location is used for public utility purposes, public transportation purposes or
other governmental use, or when such facility unreasonably interferes with or
unreasonably impedes the flow of pedestrian or vehicular traffic including any legally
parked or stopped vehicle, the ingress into or egress from any residence or place of
business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted
sidewalk dining, permitted street furniture or other objects permitted at or near said
location.
12.18.160 Permit Expiration.
A. Unless Government Code section 65964, as may be amended, authorizes the
city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten (10) years, unless
pursuant to another provision of this Code it lapses sooner or is revoked. At
the end of ten (10) years from the date of issuance, such permit shall
automatically expire.
B. A permittee may apply for a new permit within one hundred and eighty (180)
days prior to expiration. Said application and proposal shall comply with the
city's current code requirements for wireless telecommunications facilities.
12.18.170 Cessation of Use or Abandonment
A. A wireless telecommunications facility is considered abandoned and shall be
promptly removed as provided herein if it ceases to provide wireless
telecommunications services for ninety (90) or more consecutive days unless
the permittee has obtained prior written approval from the director which shall
not be unreasonably denied. If there are two (2) or more users of a single
facility, then this provision shall not become effective until all users cease using
the facility.
B. The operator of a facility shall notify the city in writing of its intent to abandon
or cease use of a permitted site or a nonconforming site (including unpermitted
sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any
other provision herein, the operator of the facility shall provide written notice to
the director of any discontinuation of operations of thirty (30) days or more.
C. Failure to inform the director of cessation or discontinuation of operations of
any existing facility as required by this section shall constitute a violation of any
approvals and be grounds for:
1. Litigation;
2. Revocation or modification of the permit;
3. Acting on any bond or other assurance required by this article or conditions
of approval of the permit;
Ordinance No. 578U
Page 28 of 34
01203.0006/276114.7
4. Removal of the facilities by the city in accordance with the procedures
established under this Code for abatement of a public nuisance at the
owner's expense; and/or
5. Any other remedies permitted under this Code.
12.18.180 Removal and Restoration — Permit Expiration, Revocation or
Abandonment
A. Upon the expiration date of the permit, including any extensions, earlier
termination or revocation of the permit or abandonment of the facility, the
permittee, owner or operator shall remove its wireless telecommunications
facility and restore the site to its natural condition except for retaining the
landscaping improvements and any other improvements at the discretion of the
city. Removal shall be in accordance with proper health and safety
requirements and all ordinances, rules, and regulations of the city. The facility
shall be removed from the property, at no cost or expense to the city.
B. Failure of the permittee, owner or operator to promptly remove its facility and
restore the property within ninety (90) days after expiration, earlier termination
or revocation of the permit, or abandonment of the facility, shall be a violation
of this Code. Upon a showing of good cause, an extension may be granted by
the director where circumstances are beyond the control of the permittee after
expiration. Further failure to abide by the timeline provided in this section shall
be grounds for:
1. Prosecution;
2. Acting on any security instrument required by this chapter or conditions of
approval of permit;
3. Removal of the facilities by the city in accordance with the procedures
established under this Code for abatement of a public nuisance at the
owner's expense; and/or
4. Any other remedies permitted under this Code.
C. Summary Removal. In the event the director or city engineer determines that
the condition or placement of a wireless telecommunications facility located in
the public right-of-way constitutes a dangerous condition, obstruction of the
public right-of-way, or an imminent threat to public safety, or determines other
exigent circumstances require immediate corrective action (collectively,
"exigent circumstances"), the director or city engineer may cause the facility to
be removed summarily and immediately without advance notice or a hearing.
Written notice of the removal shall include the basis for the removal and shall
be served upon the permittee and person who owns the facility within five (5)
business days of removal and all property removed shall be preserved for the
owner's pick-up as feasible. If the owner cannot be identified following
Ordinance No. 578U
Page 29 of 34
01203.0006/276114.7
reasonable effort or if the owner fails to pick-up the property within sixty (60)
days, the facility shall be treated as abandoned property.
D. Removal of Facilities by city. In the event the city removes a facility in
accordance with nuisance abatement procedures or summary removal, any
such removal shall be without any liability to the city for any damage to such
facility that may result from reasonable efforts of removal. In addition to the
procedures for recovering costs of nuisance abatement, the city may collect
such costs from the performance bond posted and to the extent such costs
exceed the amount of the performance bond, collect those excess costs in
accordance with this Code. Unless otherwise provided herein, the city has no
obligation to store such facility. Neither the permittee, owner nor operator shall
have any claim if the city destroys any such facility not timely removed by the
permittee, owner or operator after notice, or removed by the city due to exigent
circumstances.
12.18.190 Exceptions.
A. The city council recognizes that federal law prohibits a permit denial when it
would effectively prohibit the provision of personal wireless services and the
applicant proposes the least intrusive means to provide such services. The city
council finds that, due to wide variation among wireless facilities, technical
service objectives and changed circumstances over time, a limited exemption
for proposals in which strict compliance with this chapter would effectively
prohibit personal wireless services serves the public interest. The city council
further finds that circumstances in which an effective prohibition may occur are
extremely difficult to discern, and that specified findings to guide the analysis
promotes clarity and the city's legitimate interest in well-planned wireless
facilities deployment. Therefore, in the event that any applicant asserts that
strict compliance with any provision in this chapter, 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 subject to the provisions in
this section
B. Required Findings. The planning commission shall not grant any exemption
unless the applicant demonstrates with clear and convincing evidence all the
following:
1. The proposed wireless facility qualifies as a "personal wireless services
facility" as defined in United States Code, Title 47, section 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 any alternative location(s) or design(s)
Ordinance No. 578U
Page 30 of 34
01203.0006/276114.7
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
deviates is the least noncompliant location and design necessary to
reasonably achieve the applicant's reasonable technical service objectives.
C. Scope. The planning commission shall limit its exemption to the extent to which
the applicant demonstrates such exemption is necessary to reasonably
achieve its reasonable technical service objectives. The planning commission
may adopt conditions of approval as reasonably necessary to promote the
purposes in this chapter and protect the public health, safety and welfare.
D. Independent Consultant. The city shall have the right to hire, at the applicant's
expense, an independent consultant to evaluate issues raised by the exception
and to submit recommendations and evidence in response to the application.
12.18.200 Location Restrictions.
Locations Requiring an Exception. Wireless telecommunications facilities are
strongly disfavored in certain areas. Therefore the following locations are permitted when
an exception has been granted pursuant to section 12.18.190:
A. Public right-of-way of local streets as identified in the general plan if within the
residential zones;
B. Public right-of-way if mounted to a new pole that is not replacing an existing
pole in an otherwise permitted location.
12.18.210 Effect on Other Ordinances.
Compliance with the provisions of this chapter shall not relieve a person from
complying with any other applicable provision of this Code. In the event of a conflict
between any provision of this division and other sections of this Code, this chapter shall
control.
12.18.220 State or Federal Law.
A. In the event it is determined by the city attorney that state or federal law
prohibits discretionary permitting requirements for certain wireless
telecommunications facilities, such requirement shall be deemed severable
and all remaining regulations shall remain in full force and effect. Such a
determination by the city attorney shall be in writing with citations to legal
authority and shall be a public record. For those facilities, in lieu of a minor
conditional use permit or a conditional use permit, a ministerial permit shall be
required prior to installation or modification of a wireless telecommunications
Ordinance No. 578U
Page 31 of 34
01203.0006/276114.7
facility, and all provisions of this division shall be applicable to any such facility
with the exception that the required permit shall be reviewed and administered
as a ministerial permit by the director rather than as a discretionary permit. Any
conditions of approval set forth in this provision or deemed necessary by the
director shall be imposed and administered as reasonable time, place and
manner rules.
B. If subsequent to the issuance of the city attorney's written determination
pursuant to (A) above, the city attorney determines that the law has changed
and that discretionary permitting is permissible, the city attorney shall issue
such determination in writing with citations to legal authority and all
discretionary permitting requirements shall be reinstated. The city attorney's
written determination shall be a public record.
C. All installations permitted pursuant to this chapter shall comply with all federal
and state laws including but not limited to the American with Disabilities Act.
12.18.230Nonconforming Wireless Telecommunications Facilities in the Right-of-
Way
A. Nonconforming wireless telecommunications facilities are those facilities that
do not conform to this chapter.
B. Nonconforming wireless telecommunications facilities shall, within ten (10)
years from the date such facility becomes nonconforming, be brought into
conformity with all requirements of this article; provided, however, that should
the owner desire to expand or modify the facility, intensify the use, or make
some other change in a conditional use, the owner shall comply with all
applicable provisions of this Code at such time, to the extent the city can require
such compliance under federal and state law.
C. An aggrieved person may file an appeal to the city council of any decision of
the director made pursuant to this section. In the event of an appeal alleging
that the ten (10) year amortization period is not reasonable as applied to a
particular property, the city council may consider the amount of investment or
original cost, present actual or depreciated value, dates of construction,
amortization for tax purposes, salvage value, remaining useful life, the length
and remaining term of the lease under which it is maintained (if any), and the
harm to the public if the structure remains standing beyond the prescribed
amortization period, and set an amortization period accordingly for the specific
property."
SECTION 5. Section 17.96.090 of Chapter 96, Title 17 is amended and replaced
in its entirety to read as follows:
"Commercial antenna" means all antennas, parabolic dishes, relay towers and
antenna support structures used for the transmission or reception of radio, television and
communication signals for commercial purposes. For the purpose of this definition,
Ordinance No. 578U
Page 32 of 34
01203.0006/276114.7
"commercial purposes" shall mean communications for hire or material compensation, or
the use of commercial frequencies, as these terms are defined by the Federal
Communications Commission (FCC). "Commercial antennas" shall not include antennas
owned or operated by governmental agencies.
SECTION 6. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall go into effect immediately.
SECTION 8. Certification. The City Clerk of the City of Rancho Palos Verdes shall
certify to the passage and adoption of this Ordinance and shall cause the same or a
summary thereof to be published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2016.
Ma ,%r
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
Ordinance No. 578U
Page 33 of 34
01203.0006/276114.7
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 578U
was duly and regularly adopted by the City Council of said City at a regular meeting thereof held
on January 19, 2016, and that the same was passed and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No. 578U
Page 34 of 34
01203.0006/276114.7
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk of
the City of Rancho Palos Verdes;
That on January 20, 2016, she caused to be posted the following document entitled:
ORDINANCE NO. 578U,AN URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, ADDING A NEW CHAPTER ENTITLED
"WIRELESS TELECOMMUNICATIONS FACILITIES" TO CHAPTER 18 OF TITLE
12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROVIDE
UNIFORM AND COMPREHENSIVE REGULATIONS AND STANDARDS, ALONG
WITH PERMIT REQUIREMENTS, FOR THE INSTALLATION OF WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY,a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
64/140-6- 4(fgati----
Deft4y City Clerk