ORD 620UORDINANCE NO. 620U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES REPEALING AND REPLACING
CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHT-OF-WAY) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO
UPDATE THE REGULATORY FRAMEWORK AND
STANDARDS FOR PERMITTING WIRELESS FACILITIES,
WITHIN THE CITY’S PUBLIC RIGHT-OF-WAY IN
ACCORDANCE WITH THE RECENT FEDERAL
COMMUNICATIONS COMMISSION (FCC) RULING.
WHEREAS, the City Council may make and enforce within its limits all local,
police, sanitary and other ordinances and regulations not in conflict with general laws;
and,
WHEREAS, significant changes in federal and state law that affect local authority
over wireless communications facilities ("WCFs") have occurred, including but not
limited to the following:
i. On November 18, 2009, the Federal Communications Commission
("FCC') adopted a declaratory ruling (the "2009 Shot Clock"), which
established presumptively reasonable timeframes for state and local
governments to act on applications for WCFs.
ii. On February 22, 2012, Congress adopted Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act ("Section 6409(a)"), which
mandated that state and local governments approve certain modifications
and collocations to existing WCFs, known as eligible facilities requests.
iii. On October 17, 2014, the FCC adopted a report and order that, among
other things, implemented new limitations on how State and local
governments review applications covered by Section 6409(a), established
an automatic approval for such applications when the local reviewing
authority fails to act within 60 days, and also further restricted generally
applicable procedural rules under the 2009 Shot Clock.
iv. On October 9, 2015, California adopted Assembly Bill No. 57 (Quirk),
which deemed approved any WCF applications when the local reviewing
authority fails to act within the 2009 Shot Clock timeframes.
v. On August 2, 2018, the FCC adopted a declaratory ruling that formally
prohibited express and de facto moratoria for all telecommunications
services and facilities under 47 U.S.C. § 253(a).
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vi. On September 26, 2018, the FCC adopted a declaratory ruling and report
and order that, among other things, creates a new regulat ory classification
for small wireless facilities (“SWFs”), requires state and local governments
to process applications for SWFs within 60 days or 90 days, establishes a
national standard for an effective prohibition and provides that a failure to
act within the applicable timeframe presumptively constitutes an effective
prohibition; and,
WHEREAS, in addition to the changes described above, new federal laws and
regulations that drastically alter local authority over WCFs are currently pending,
including without limitation, the following:
i. On March 30, 2017, the FCC issued a Notice of Proposed Rulemaking
(WT Docket No. 17-79, WC Docket No. 17-84) and has acted on some of
the noticed issues referenced above, but may adopt forthcoming rulings
and/or orders that further limit local authority over wireless facilities
deployment.
ii. On June 28, 2018, United States Senator John Thune introduced and
referred to the Senate Committee on Commerce, Science and
Transportation the "Streamline Small Cell Deployment Act" (S. 3157) that,
among other things, would apply specifically to small cell WCFs and
require local governments to review applications based on objective
standards, shorten the 2009 Shot Clock timeframes, require all
proceedings to occur within the 2009 Shot Clock timeframes, and provide
a "deemed granted" remedy for failure to act within the applicable 2009
Shot Clock; and,
WHEREAS, given the rapid and significant changes in federal and state law, the
actual and effective prohibition on moratoria to amend loca l policies in response to such
changes, and the significant adverse consequences for noncompliance with federal and
state law, the City Council desires to repeal and replace Chapter 12.18 of the Rancho
Palos Verdes Municipal Code, entitled “Chapter 12.18 - Wireless Telecommunications
Facilities in the Public Right-Of-Way” (the “Ordinance”) to allow greater flexibility and
responsiveness to the new federal and state laws while still preserving the City's
traditional authority to the maximum extent practicable; and,
WHEREAS, Government Code Sections 36934 and 36937 authorize the City
Council to adopt an urgency ordinance that becomes effective immediately upon its
adoption by a four-fifths vote of the City Council for the immediate preservation of the
public peace, health or safety of the City; and,
WHEREAS, this Urgency Ordinance is necessary for the immediate preservation
of the public peace, health and safety of the City within the meaning of Government
Code Section 36937 because if a city does not have “published” design standards prior
to April 14, 2019, then it does not appear that any standards can be enforced; and,
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WHEREAS, the City Council finds that if the new ordinance is not adopted and
the code language not changed by April 14, 2019, the inability to enforce the updated
design standards constitutes an immediate threat to the public health, safety, and
welfare; and,
WHEREAS, all legal prerequisites to the adoption of this ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated herein by this
reference.
B. It is the intent and purpose of this Urgency Ordinance that Chapter 12.18
(Wireless Telecommunications Facilities in the Public Right-Of-Way) of the
Rancho Palos Verdes Municipal Code is repealed and replaced to update
the regulatory framework and standards for permitting wireless facilities,
including small wireless facilities (SWF), within the City’s public right-of-
way in accordance with the recent Federal Communications Commission
(FCC) ruling.
C. This Urgency Ordinance is necessary for the immediate preservation of
the public peace, health and safety of the City within the meaning of
Government Code Section 36937 in order for the City to be able to
enforce updated design standards.
Section 2: Section 12.18 of the Rancho Palos Verdes Municipal Code is being
repealed and replaced as shown in Attachment A.
Section 3: CEQA Exemption. The proposed ordinance is not defined as a
“project” based on the definition provided in Section 15378 of the State of California
Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting
in physical change in the environment, directly or indirectly. The ordinance creates an
administrative process to process requests for wireless facilities in the PROW and the
City’s discretion with these applications is limited. The ordinance does not authorize any
specific development or installation on any specific piece of property within the City’s
boundaries.
Alternatively, the ordinance is exempt from CEQA because the City Council’s adoption of
the ordinance is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment (State CEQA
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Guidelines, § 15061(b)(3)). Installations, if any, would further be exempt from CEQA
review in accordance with either State CEQA Guidelines Section 15302 (replacement or
reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion
of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to
land), as these facilities are allowed under Federal and State law, are by their nature
smaller when placed in the PROW and subject to various siting and design preferences
to prevent aesthetic impact to the extent feasible.
Section 4: Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each and every section, subsection, sentence, clause
and phrase thereof not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5: Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its
passage, in accordance with the provisions of Section 36933 of the Government Code.
The City Clerk shall further certify to the adoption and posting of this Ordinance, and
shall cause this Ordinance and its certification, together with proof of posting, to be
entered in the Book of Ordinances of the Council of this City.
Section 6: Effective Date. This Urgency Ordinance shall go into effect
immediately upon its adoption by at least a four-fifths vote of the City Council pursuant
to Government Code sections 36934 and 36937.
Section 7: Any challenge to this Ordinance, and the findings set forth therein,
must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure
§1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code.
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PASSED, APPROVED AND ADOPTED this 2nd day of April, 2019.
/s/ Jerry V. Duhovic
Mayor
Attest:
/s/ Emily Colborn
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, 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. 620U was duly adopted by the City Council of said City at a regular
meeting thereof held on April 2, 2019, and that the same was passed and adopted by
the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: None
____________________________
City Clerk
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ORDINANCE 620U
Attachment A
Rancho Palos Verdes Municipal Code Section 12.18
Proposed Code Language
CHAPTER 12.18 - 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 (“PROW ”) in the
City for the maximum benefit and use of the public, (2) to promote and protect public
health 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, including those regulations of the Federal Communications Commission
(“FCC”) and California Public Utilities Commission (“CPUC”), and (4) to ensure that the
use and enjoyment of the PROW is not inconvenienced by the use of th e PROW for the
placement of wireless facilities. The City recognizes the importance of wireless facilities
to provide high-quality communications service to the residents and businesses within the
City, and the City also recognizes its obligation to comply with applicable federal and state
laws. This chapter shall be constructed and applied in consistency with the provisions of
state and federal laws, and the rules and regulations of FCC and CPUC. In the event of
any inconsistency between any such laws, rules and regulations and this chapter, the
laws, rules and regulations shall control.
12.18.020 - DEFINITIONS.
“Accessory equipment” means any and all on-site equipment, including, without limitation,
back-up generators and power supply units, cabinets, coaxial and fiber optic cables,
connections, equipment buildings, shelters, vaults, radio transceivers, transmitters,
pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular
power supply units, fans, air conditioning units, cables and wiring, to which an antenna is
attached in order to facilitate the provision of wireless telecommunication services.
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“Antenna” means that specific device for transmitting and/or receiving radio frequency or
other signals for purposes of wireless telecommunications services. “Antenna” is specific
to the antenna portion of a wireless telecommunications facility.
“Antenna array” shall mean two or more antennas having active elements extending in
one or more directions, and directional antennas mounted upon and rotated through a
vertical mast or tower interconnecting the beam and antenna support, all of which
elements are deemed to be part of the antenna.
“Approval authority” means the City official responsible for reviewing applications for small
cell permits and vested with the authority to approve, conditionally approve or deny such
applications.
“Arterial road” means a road designed primarily for long-distance travel with high traffic
capacity and low accessibility from neighboring roads and is not intended to be a
residential street; however, some older arterial streets do provide direct access to
residential units. Arterials are typically characterized by both two-lane and four-lane
roadways, and collects traffic from collector roads. The term “arterial road” is defined in
the City of Rancho Palos Verdes General Plan, Circulation Element.
“Base station” shall have the meaning as set forth in Title 47 Code of Federal Regulations
(C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or
equipment at a fixed location that enables FCC-licensed or authorized wireless
communications between user equipm ent and a communications network (regardless of
the technological configuration, and encompassing DAS and small cells). “Base station”
does not encompass a tower or any equipment associated with a tower. Base station
includes, without limitation:
1. 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. 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 cells).
3. Any structure other than a tower that, at the time the relevant application is filed
with the City under this chapter, supports or houses equipment described in
paragraphs 1 and 2 of this definition that has been reviewed and approved under
the applicable zoning or siting process, or under another state or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
4. “Base station” does not include any structure that, at the time the relevant
application is filed under this chapter, does not support or house equipment
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described in paragraphs 1 and 2 of this definition. Other structures that do not host
wireless telecommunications facilities are not “base stations.”
As an illustration and not a limitation, the FCC’s definition of “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, 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.
“Cellular” means an analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring cell sites.
“City” means the City of Rancho Palos Verdes.
“Code” means the Rancho Palos Verdes Municipal Code.
“Collector road” means a road designed primarily as a connection between local roads
and arterials that serve moderate to low traffic capacity and high accessibility from local
roads. The term “collector road” is defined in the City of Rancho Palos Verdes General
Plan, Circulation Element.
“Collocation” bears the following meanings:
1. For the purposes of any eligible facilities request, the same as defined by the FCC
in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as “[t]he
mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.” As an illustration and not a limitation, the FCC’s
definition means to add transmission equipment to an existing facility and does not
necessarily refer to two or more different facility operators in the same location;
and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as
may be amended, which defines that term as (1) Mounting or installing an antenna
facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose
of mounting or installing an antenna facility on that structure.
“Collocation facility” means the eligible support structure on, or immediately adjacent to,
which a collocation is proposed, or a wireless telecommunications facility that includes
collocation facilities. (See, Gov. Code, § 65850.6(d).)
“COW ” means a “Cell on Wheels,” which is a portable, self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facility is temporarily rolled in, or temporarily installed,
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at a location. Under this chapter, the maximum time a facility can be installed to be
considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a
telescoping boom as the antenna support structure.
“Concealed” or “concealment” means camouflaging techniques that integrate the
transmission equipment into the surrounding natural and/or built environment such that
the average, untrained observer cannot directly view the equipment but would likely
recognize the existence of the wireless facility or concealment te chnique. Camouflaging
concealment techniques include, but are not limited to: (1) façade or rooftop mounted
pop-out screen boxes; (2) antennas mounted within a radome above a streetlight; (3)
equipment cabinets in the public rights-of-way painted or wrapped to match the
background; and (4) an isolated or standalone faux-tree.
“Decorative pole” means any pole that includes decorative or ornamental features, design
elements and/or materials intended to enhance the appearance of the pole or the public
rights-of-way in which the pole is located.
“Distributed Antenna System” or “DAS” means a network of spatially separated antennas
(nodes) connected to a common source (a hub) via a transport medium (often fiber optics)
that provide wireless telecommunications service within a specific geographic area or
building. DAS includes the transport medium, the hub, and any other equipment to which
the DAS network or its antennas or nodes are connected to provide wireless
telecommunication services.
“FCC Shot Clock” means the presumptively reasonable time frame within which the City
generally must act on a given wireless application, as defined by the FCC and as may be
amended from time to time. The shot clock shall commence on “day zero,” which is the
day the WTFP application is submitted.
“Eligible facilities request” means any request for modification to an existing eligible
support structure that does not substantially change the physical dimensions of such
structure, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment;
3. Replacement of transmission equipment (replacement does not include
completely replacing the underlying support structure); or
4. Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request, but does not include replacement of the
underlying support structure.
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“Eligible facilities request” does not include modifications or replacements when an
eligible support structure was constructed or deployed without proper local review, was
not required to undergo local review, or involves equipment that was not properly
approved. “Eligible facilities request” does include collocation facilities satisfying all the
requirements for a non-discretionary collocation facility pursuant to Government Code
Section 65850.6.
“Eligible support structure” means any support structure located in the PROW that is
existing at the time the relevant application is filed with the City under this chapter.
“Existing” means a support structure, wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the City’s applicable zoning or
permitting process, or under another applicable state or local regulatory review process,
and lawfully constructed prior to the time the relevant application is filed under this
chapter. However, a support structure, wireless telecommunications facility, or accessory
equipment that has not been reviewed and approved because it was not in a zoned a rea
when it was built, but was lawfully constructed, is “existing” for purposes of this chapter.
“Existing” does not apply to any structure that (1) was illegally constructed without all
proper local agency approvals, or (2) was constructed in noncompliance with such
approvals. “Existing” does not apply where an existing support structure is proposed to
be replaced in furtherance of the proposed wireless telecommunications facility.
“Facility(ies)” means wireless telecommunications facility(ies).
“FCC” means the Federal Communications Commission.
“Ground-mounted” means mounted to a pole, tower or other freestanding structure which
is specifically constructed for the purpose of supporting an antenna or wireless
telecommunications facility and placed directly on the ground at grade level.
“Lattice tower” means an open framework structure used to support one or more
antennas, typically with three or four support legs.
“Located within (or in) 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 PROW .
“Ministerial permit” means any City-issued non-discretionary permit required to
commence or complete any construction or other activity subject to the City's jurisdiction.
Ministerial permits may include, without limitation, a building permit, construction permit,
electrical permit, encroachment permit, excavation permit and/or traffic control permit.
“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,
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replacement or maintenance if those actions do not involve whatsoever any expansion,
alteration, enlargement, intensification, reduction, or augmentation of an existing wireless
telecommunications facility.
“Monopole” means a structure composed of a pole or tower used to support antennas or
related equipment. A monopole 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.
“OTARD antennas” means antennas covered by the “over-the-air reception devices” rule
in 47 C.F.R. sections 1.4000 et seq. as may be amended or replaced from time to time.
“Permittee” means any person or entity granted a W ireless Telecommunication Facilities
Permit (WTFP) pursuant to this chapter.
“Personal wireless services” shall have the same meaning as set forth in 47 United States
Code Section 332(c)(7)(C)(i), as may be amended or superseded, which defines the term
as commercial mobile services, unlicensed wireless services and common carrier
wireless exchange access services.
“Planning Director” means the Director Community Development, or his or her designee.
“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 works director” means the Director of Public Works, or his or her designee.
“Public right-of-way” or “PROW ” means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage of people and
goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters,
sidewalks, roadway medians, parkways, and parking strips. The PROW does not include
land owned, controlled or operated by the City for uses unrelated to streets or the passage
of people and goods, such as, without limitation, parks, City hall and community center
lands, City yards, and lands supporting reservoirs, water towers, police or fire facilities
and non-publicly accessible utilities.
“Replacement” refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement
structure will be of like-for-like kind to resemble the appearance and dimensions of the
structure or equipment replaced, including size, height, color, landscaping, materials and
style.
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1. In the context of determining whether an application qualifies as an eligible facilities
request, the term “replacement” relates only to the replacement of transmission
equipment and does not include replacing the support structure on which the
equipment is located.
2. In the context of determining whether a SWF application qualifies as being placed
upon a new eligible support structure or qualifies as a collocation, an application
proposing the “replacement” of the underlying support structure qualifies as a new
pole proposal.
“RF” means radio frequency or electromagnetic waves generally between 30 kHz and
300 GHz in the electromagnetic spectrum range.
“Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may
be amended. The Middle Class Tax Relief and Job Creation Act of 2012 is also reference
herein occasionally as the “Spectrum Act”.
“Small cell” means a low-powered antenna (node) that has a range of 10 meters to two
kilometers. The nodes of a “small cell” may or may not be connected by fiber. “Small,” for
purposes of “small cell,” refers to the area covered, not the size of the facility. “Small cell”
includes, but is not limited to, devices generally known as microcells, picocells and
femtocells.
“Small cell network” means a network of small cells.
“Substantial change” has the same meaning as “substantial change” as defined by the
FCC at 47 C.F.R. 1.40001(b)(7). Notwithstanding the definition above, if an existing pole-
mounted cabinet is proposed to be replaced with an underground cabinet at a facility
where there are no pre-existing ground cabinets associated with the structure, such
modification may be deemed a non-substantial change, in the discretion of the public
works director and based upon his/her reasonable consideration of the cabinet’s proximity
to residential view sheds, interference to public views and/or degradation of concealment
elements. If undergrounding the cabinet is technologically infeasible such that it is
materially inhibitive to the project, the public works director may allow for a ground
mounted cabinet. A modification or collocation results in a “substantial change” to the
physical dimensions of an eligible support structure if it does any of the following:
1. It increases the height of the structure by more than 10% or more than 10 feet,
whichever is greater;
2. It involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than 6 feet;
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3. It involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed 4 cabinets. However, for
towers and base stations located in the public rights-of-way, it involves installation
of any new equipment cabinets on the ground if there are no pre -existing ground
cabinets associated with the structure, or else involves installation of ground
cabinets that are more than 10% larger in height or overall volume than any other
ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site . For purposes of
this Subsection, excavation outside the current site occurs where excavation m ore
than 12 feet from the eligible support structure is proposed;
5. It defeats the concealment or stealthing elements of the eligible support structure;
or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure, provided however that
this limitation does not apply to any modification that is non -compliant only in a
manner that would not exceed the thresholds identified in paragraphs 1 through 4
of this definition.
7. For all proposed collocations and modifications, a substantial change occurs when:
a. The proposed collocation or modification involves more than the standard
number of new equipment cabinets for the technology involved, but not to
exceed 4 equipment cabinets;
b. The proposed collocation or modification would defeat the concealment
elements of the support structure; or
c. 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 that is inconsistent with the thresholds for a substa ntial change
described in this Section.
The thresholds and conditions for a “substantial change” described in this section
are disjunctive such that the violation of any individual threshold or condition
results in a substantial change. The height and width thresholds for a substantial
change described in this section are cumulative for each individual support
structure. The cumulative limit is measured from the physical dimensions o f the
original structure for base stations, and for all other facilities sites in the PROW
from the smallest physical dimensions that existed on or after February 22, 2012,
inclusive of originally approved-appurtenances and any modifications that were
approved prior to that date.
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“Support structure” means a tower, pole, base station or other structure used to support
a wireless telecommunications facility.
“SWF” means a “small wireless facility” as defined by the FCC in 47 C.F.R. 1.6002(l) as
may be amended, which are personal wireless services facilities that meet all the
following conditions that, solely for convenience, have been set forth below:
1. The facilities:
a. Is mounted on an existing or proposed structure 50 feet or less in height,
including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or
b. Is mounted on an existing or proposed structure no more than 10 percent taller
than other adjacent structures, or
c. Does not extend an existing structure on which it is located to a height of more
than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)),
is no more than 3 cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated
equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 C.F.R. Part
17;
5. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section
800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in Title 47 C.F.R. Section
1.1307(b).
“Telecommunications tower” or “tower” bears the meaning ascribed to wireless towers by
the FCC in 47 C.F.R. § 1.40001(b)(9), including without limitation a freestanding mast,
pole, monopole, guyed tower, lattice tower, free standing tower or other structure
designed and 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. This definition
does not include utility poles.
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“Transmission equipment” means 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.
“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 ot her utility services
regulated by the California Public Utilities Commission. A telecommunications tower is
not a utility pole.
“Wireless telecommunications facility” means equipment and network components such
as antennas, accessory equipment, support structures, and emergency power systems
that are integral to providing wireless telecommunications services. Exceptions: The term
“wireless telecommunications facility” does not apply to the following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provider-owned and operated telecommunications
facilities.
3. Mobile services providing public information coverage of news events of a
temporary nature.
4. 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 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 successor statute,
cellular service, personal communication service, and/or data radio telecommunications.
“WTFP” means a “W ireless Telecommunications Facility Permit” required by this chapter,
which may be categorized as either a Major WTFP or a Minor WTFP.
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.
B. Pre-existing Facilities in the PROW. Nothing in this chapter shall validate any
existing illegal or unpermitted wireless facilities. All existing wireless facilities shall
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comply with and receive an encroachment permit, when applicable, in order to be
considered legal and conforming.
C. This chapter does not apply to the following:
1. Amateur radio facilities;
2. OTARD antennas;
3. Facilities owned and operated by the City for its use or for public safety
purposes;
4. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of
state or federal law, or franchise agreement, are preemptive of the terms of this
chapter, then the terms of this chapter shall be severable to the extent of such
preemption and all remaining regulations shall remain in full force and effect.
Nothing in the exemption shall apply so as to preempt the City’s valid exercise
of police powers that do not substantially impair franchise contract rights.
5. Installation of a COW or a similar structure for a temporary period in connection
with an emergency or event at the discretion of the public works director, but
no longer than required for the emergency or event, provided that installation
does not involve excavation, movement, or removal of existing facilities.
D. Public use. Except as otherwise provided by state or federal law, any use of the
PROW authorized pursuant to this chapter will be subordinate to the City’s use
and use by the public.
12.18.040 - WIRELESS TELECOMMUNICATIONS FACILITY PERMIT
REQUIREMENTS.
A. Administration. Unless a matter is referred to the planning director as provided
below, the public works director is responsible for administering this chapter. As
part of the administration of this chapter, the public works director may:
1. Interpret the provisions of this chapter;
2. Develop and implement standards governing the placement and modification
of wireless telecommunications facilities consistent with the requirements of
this chapter, including regulations governing collocation and resolution of
conflicting applications for placement of wireless facilities;
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3. Develop and implement acceptable design, location and development
standards for wireless telecommunications facilities in the PROW, taking into
account the zoning districts bounding the PROW;
4. Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support
structure consistent with this chapter;
5. Collect, as a condition of the completeness of any application, any fee
established by this chapter;
6. Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal laws
and regulations;
7. Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whethe r a permit
should be issued;
8. Require, as part of, and as a condition of completeness of any application, that
an applicant for a wireless telecommunication facilities permit send notice to
members of the public that may be affected by the placement or modification
of the wireless facility and proposed changes to any support structure;
9. Subject to appeal as provided herein, determine whether to approve, approve
subject to conditions, or deny an application; and
10. Take such other steps as may be required to timely act up on applications for
placement of wireless telecommunications facilities, including issuing written
decisions and entering into agreements to mutually extend the time for action
on an application.
B. Minor Wireless Telecommunications Facilities Permits (“Minor WTFP”).
1. A Minor WTFP, subject to the public works director’s approval, may be issued
for certain wireless telecommunications facilities, collocations, modifications or
replacements to an eligible support structure that meet the following criteria:
a. The proposal is determined to be for a SWF; or
b. The proposal is determined to be an eligible facilities request.
2. In the event that the public works director determines that any application
submitted for a Minor WTFP does not meet the permit criteria of this chapter,
the public works director shall convert the application to a Major WTFP and
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refer it to the planning director for planning commission consideration at a
public hearing.
3. Except in the case of an eligible facilities request, the public works director may
refer any application for a Minor WTFP to the planning director, who shall have
discretion to further refer the application to planning commission for
consideration at a public hearing. If the planning director determines not to
present the Minor WTFP application to the planning commission for hearing,
the application shall be relegated back to the public works director for
processing. None of the exercises of discretion set forth in this subparagraph
shall not apply to an eligible facilities request.
C. Major Wireless Telecommunications Facilities Permit (“Major WTFP”). All other
new wireless telecommunications facilities or replacements, collocations,
or modifications to a wireless telecommunications facility that are not qualified for
a Minor WTFP shall require a Major WTFP subject to planning commission hearing
and approval unless otherwise provided for in this chapter.
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. Building and encroachment permits, and all City standards and
requirements therefor, are applicable.
E. Eligible Applicants. Only applicants who have been granted the right to enter the
PROW pursuant to state or federal law, or who have entered into a franchise
agreement with the City permitting them to use the PROW , shall be eligible for a
WTFP pursuant to this chapter.
12.18.050 - APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY
PERMITS.
A. General. The applicant shall submit a paper copy and an electronic copy of any
application, amendments, modifications, or supplements to a WTFP application,
or responses to requests for information regarding a WTFP, including all
applications and requests for authorization to construct, install, attach, operate,
collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within
the City's jurisdictional and territorial boundaries within the PROW s, in accordance
with the provisions of this section.
1. The City requires a pre-application submittal meeting for a Major WTFP. The
City does not require a pre-application submittal meeting for a Minor WTFP;
however, the City strongly encourages applicants to schedule and attend a pre-
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application submittal conference with the approval authority for all proposed
Minor WTFP projects, and particularly those that involve more than 5 Minor
WTFPs.
a. Pre-submittal conferences do not cause the FCC Shot Clock to begin and
are intended to streamline the review process through informal discussion
that includes, without limitation, the appropriate project classification and
review process; any latent issues in connection with the proposed project,
including compliance with generally applicable rules for public health and
safety; potential concealment issues or concerns (if applicable);
coordination with other City departments responsible for application review;
and application completeness issues.
b. To mitigate unnecessary delays due to application incompleteness,
applicants are encouraged (but not required) to bring any draft applications
or other materials so that City staff may provide informal feedback and
guidance about whether such applications or other materials may be
incomplete or unacceptable. The approval authority shall use reasonable
efforts to provide the applicant with an appointment within 5 working days
after receiving a written request and any applicable fee or deposit to
reimburse the City for its reasonable costs to provide the services rendered
in the pre-submittal conference.
c. Any request for a pre-submittal conference shall be in writing and shall
confirm that any drafts to be provided the City at the pre -submittal
conference will not be deemed as “submissions” triggering the start of any
FCC Shot Clock.
2. All applications for WTFPs shall be initially submitted to the public works
director. In addition to the information required of an applicant for an
encroachment permit or any other permit required by this code, each applicant
shall fully and completely submit to the City a written application on a form
prepared by the public works director.
3. Major WTFP applications must be submitted to the public works director at a
scheduled application submission appointment. City staff will endeavor to
provide applicants with an appointment within 5 business days after receipt of
a written request therefor. A WTFP application will only be reviewed upon
submission of a complete application therefor. A pre-submission appointment
is not required for Minor WTFPs.
4. For SWF, applicants may submit up to 5 individual applications for a WTFP in
a batch; provided, however, that SWF in a batch must be proposed with
substantially the same equipment in the same configuration on the same
support structure type. Each application in a batch must meet all the
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requirements for a complete application, which includes without limitation the
application fee for each site in the batch. If any application in a batch is
incomplete, the entire batch shall be deemed incomplete. If any application is
withdrawn or deemed withdrawn from a batch as described in this chapter, the
entire batch shall be deemed withdrawn. If any application in a batch fails to
meet the required findings for approval, the entire batch shall be denied.
5. If the wireless telecommunications facility will also require the installation of
fiber, cable, or coaxial cable, such cable installations shall be included within
the application form and processed in conjunction with the proposal for vertical
support structure(s). Applicants shall simultaneously request fiber installation
or other cable installation when seeking to install antennas in the PROW .
Standalone applications for the installation of fiber, cable, or coaxial cable, or
accessory equipment designed to serve an antenna must include all features
of the wireless telecommunications facility proposed.
B. Application Contents – Minor WTFPs. The content of the application form for
facilities subject to a Minor WTFP shall be determined by the public works director
in addition to all other information reasonably deemed necessary, but at a
minimum shall include the following:
1. The name of the applicant, its telephone number and contact information, and
if the applicant is a wireless infrastructure provider, the name and contact
information for the wireless service provider that will be using the wireless
facility.
2. The name of the owner of the structure, if different from the applicant, and a
signed and notarized owner’s authorization for use of the structure.
3. A complete description of the proposed wireless telecommunications facility
and any and all work that will be required to install or modify it, including, but
not limited to, details regarding proposed excavation, if any; detailed site plans
showing the location of the wireless telecommunications facility, and
dimensioned drawings with specifications for each element of the wireless
facility, clearly describing the site and all structures and facilities at the site
before and after installation or modification; and a dimensioned map identifying
and describing the distance to th e nearest residential dwelling unit and any
historical structure within 250 feet of the facility. Before and after 360 degree
photo simulations shall be provided.
4. Documentation sufficient to show that the proposed facility will comply with
generally-applicable health and safety provisions of the Municipal Code and
the FCC’s radio frequency emissions standards.
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5. A copy of the lease or other agreement, if any, between the applicant and the
owner of the property to which the proposed facility will be attached.
6. If the application is for a SWF, the application shall state as such and shall
explain why the proposed facility meets the definition of a SWF.
7. If the application is for an eligible facilities request, the application shall state
as such and must contain information sufficient to show that the application
qualifies as an eligible facilities request, which information must demonstrate
that the eligible support structure was not constructed or deployed without
proper local review, was not required to undergo local review, or involves
equipment that was not properly approved. This shall include copies of all
applicable local permits in-effect and as-built drawings of the current site.
Before and after 360 degree photo simulations shall be provided, as well as
documentation sufficient to show that the proposed facility will comply with
generally-applicable health and safety provisions of the Municipal Code and
the FCC’s radio frequency emissions standards.
8. For SWFs, the application shall also contain:
a. Application Fee. The applicant shall submit the applicable SWF WTFP
application fee established by City Council resolution. Batched applications
must include the applicable application fee for each SWF in the batch.
b. Construction Drawings. The applicant shall submit true and correct
construction drawings, prepared, signed and stamped by a California
licensed or registered engineer, that depict all the existing and proposed
improvements, equipment and conditions related to the proposed project,
which includes without limitation any and all poles, posts, pedestals, traffic
signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs,
gutters, drains, handholes, manholes, fire hydrants, equipment cabinets,
antennas, cables, trees and other landscape features. The construction
drawings shall: (i) contain cut sheets that contain the technical
specifications for all existing and proposed antennas and accessory
equipment, which includes without limitation the manufacturer, model
number, and physical dimensions; (ii) identify all structures within 250 feet
from the proposed project site and call out such structures' overall height
above ground level; (iii) depict the applicant's plan for electric and data
backhaul utilities, which shall include the locations for all conduits, cables,
wires, handholes, junctions, transformers, meters, disconnect switches, and
points of connection; and (iv) demonstrate that proposed project will be in
full compliance with all applicable health and safety laws, regulations or
other rules, which includes without limitation all building codes, electric
codes, local street standards and specifications, and public utility
regulations and orders.
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c. Site Survey. For any SWF proposed to be located within the PROW, the
applicant shall submit a survey prepared, signed, and stamped by a
California licensed or registered engineer. The survey must identify and
depict all existing boundaries, encroachments and other structures within
250 feet from the proposed project site, which includes without limitation all:
(i) traffic lanes; (ii) all private properties and property lines; (iii) above and
below-grade utilities and related structures and encroachments; (iv) fire
hydrants, roadside call boxes and other public safety infrastructure; (v)
streetlights, decorative poles, traffic signals and permanent signage; (vi)
sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii)
benches, trash cans, mailboxes, kiosks and other street furniture; and (viii)
existing trees, planters and other landscaping features.
d. Photo Simulations. The applicant shall submit site photographs and 360
degree photo simulations that show the existing location and proposed SWF
in context from at least three vantage points within the public streets or other
publicly accessible spaces, together with a vicinity map that shows the
proposed site location and the photo location for each vantage point.
e. Project Narrative and Justification. The applicant shall submit a written
statement that explains in plain factual detail whether and why the proposed
wireless facility qualifies as a SWF as defined by the FCC in 47 C.F.R.
1.6002(l). A complete written narrative analysis will 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 (i) whether and why the proposed support is a structure
as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why
the proposed wireless facility meets each required finding for a SWF permit
as provided in Section 12.18.060.
f. RF Compliance Report. The applicant shall submit an RF exposure
compliance report that certifies that the proposed SWF, as well as any
collocated wireless facilities, will comply with applicable federal RF
exposure standards and exposure limits. The RF report must be prepared
and certified by an RF engineer acceptable to the City. 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.
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g. Public Notice. Prior to deeming the application complete, the applicant shall
submit a mailing list and two sets of labels for all properties and record
owners of properties within 500 feet of the project location.
h. Regulatory Authorization. The applicant shall submit evidence of the
applicant's regulatory status under federal and California law to provide the
services and construct the SWF proposed in the application.
i. Site Agreement. For any SWF proposed to be installed on any structure
owned or controlled by the City and located within the public rights -of-way,
the applicant must enter into a site agreement prepared on a form prepared
by the City and approved by the City Attorney that states the terms and
conditions for such non-exclusive use by the applicant. No changes shall
be permitted to the City's form site agreement except as may be indicated
on the form itself. Any unpermitted changes to the City's form site
agreement shall be deemed a basis to deem the application incomplete.
j. Acoustic Analysis. The applicant shall submit an acoustic analysis prepared
and certified by an acoustic engineer for the proposed SWF and all
associated equipment including all environmental control units, sump
pumps, temporary backup power generators and permanent backup power
generators demonstrating compliance with the following noise regulations:
i. 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 p.m. and 7:00 a.m.;
ii. At no time shall equipment noise from any facility exceed an exterior
noise level of 55 dBA three 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 z one; provided, however,
that for any such facility located within 500 feet of any property zoned
residential or improved with a residential use, such equipment noise
shall not exceed 45 dBA three feet from the sources of the noise.
The acoustic analysis shall also include an analysis of the manufacturers'
specifications for all noise-emitting equipment and a depiction of the
proposed equipment relative to all adjacent property lines. In lieu of an
acoustic analysis, the applicant may submit evidence from t he equipment
manufacturer that the ambient noise emitted from all the proposed
equipment will not, both individually and cumulatively, exceed the
applicable limits.
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k. Wind Load Analysis. The applicant shall submit a wind load analysis with
an evaluation of high wind load capacity and shall include the impact of
modification of an existing facility.
l. Environmental Data. A completed environmental assessment application,
or in the alternative any and all documentation identifying the proposed
WTFP as exempt from environmental review (under the California
Environmental Quality Act, Public Resources Code 21000–21189, the
National Environmental Policy Act, 42 U.S.C. §4321 et seq., or related
environmental laws). Notwithstanding any determination of environmental
exemption issued by another governmental entity, the City reserves its right
to exercise its rights as a responsible agency to review de novo the
environmental impacts of any WTFP application.
m. FAA Documentation. Copies of any documents that the applicant is required
to file pursuant to Federal Aviation Administration regulations for the
proposed wireless telecommunications facility.
n. Traffic Control Plan. 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).
o. Landscape Plan. 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 SWF and its accessory equipment.
p. CPCN. Certification that applicant is a telephone corporation or a statement
providing the basis for its claimed right to enter the PROW. 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.
9. If the applicant contends that denial of the application would prohibit or
effectively prohibit the provision of service in violation of federal law, or
otherwise violate applicable law, the application must provide all information on
which the applicant relies on in support of that claim. Applicants are not
permitted to supplement this showing if doing so would prevent the City from
complying with any deadline for action on an application or FCC Shot Clock.
C. Application Contents - Major WTFPs. The public works director shall develop an
application form and make it available to applicants upon request and post the
application form on the City’s website. The application form for a Major WTFP shall
require the following information, in addition to all other information determined
necessary by the public works director:
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1. The name, address, and telephone number of the applicant, owner, and the
operator of the proposed wireless telecommunication facility.
2. If the applicant does not, or will not, own th e support structure, the applicant
shall provide a duly-executed letter of authorization from the owner of the
structure. If the owner of the support structure is the applicant, but such
owner/applicant will not directly provide wireless telecommunications services,
the owner/applicant shall provide a duly-executed letter of authorization from
the person(s) or entity(ies) that will provide those services.
3. A full written description of the proposed wireless telecommunications facility
and its purpose.
4. Detailed engineering plans of the proposed wireless telecommunications
facility and related report prepared by a professional engineer registered in the
state documenting the following:
a. Height/elevation, diameter, layout 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 be the least
intrusive equipment within the particular technology available to the carrier
for deployment.
b. A photograph and model name and number of each piece of the facility or
proposed antenna array and accessory equipment included.
c. Power output and operating frequency for the proposed antenna arra y
(including any antennas existing as of the date of the application serving the
carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for the
subject carrier, 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 support structure as
required by the City.
5. A written description identifying the geographic service area to be served by
the proposed WTFP, plus geographic or propagation maps showing applicant’s
service area objectives.
6. A justification study which includes the rationale for selecting the proposed
wireless telecommunication facility design, support structure and location. A
detailed explanation of the applicant’s coverage objectives that the proposal
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would serve, and how the proposed use is the least intrusive means for the
applicant to cover such objectives. This shall include:
a. A meaningful comparative analysis that includes all factual reasons why the
proposed location and design deviates from, or is the least compliant means
of, or not the least intrusive location and design necessary to reasonably
achieve the applicant’s reasonable objectives of covering an established
significant gap (as established under state and federal law).
b. The study shall include all eligible support structures and/or alternative sites
evaluated for the proposed Major WTFP, and why the alternatives are not
reasonably available, technically feasible options that most closely conform
to the local values. The alternative site analysis must include the
consideration of at least two eligible support structures; or, if no eligible
support facilities are analyzed as alternatives, why no eligible support
facilities are reasonably available or technically feasible.
c. If a portion of the proposed facility lies within a jurisdiction other than the
City’s jurisdiction, the applicant must demonstrate that alternative options
for locating the project fully within one jurisdiction or the other is not a viable
option. Applicant must demonstrate that it has obtained all approvals from
the adjacent jurisdiction for the installation of the extra-jurisdictional portion
of the project.
7. Site plan(s) to scale, specifying and depicting the exact location of the proposed
wireless telecommunications facility, location, of accessory equipment in
relation to the support structure, access or utility easements, existing utilities,
adjacent land uses, and showing compliance with all design a nd safety
requirements set forth in this chapter.
8. A completed environmental assessment application, or in the alternative any
and all documentation identifying the proposed WTFP as exempt from
environmental review (under the California Environmental Quality Act, Public
Resources Code 21000–21189, the National Environmental Policy Act, 42
U.S.C. §4321 et seq., or related environmental laws). Notwithstanding any
determination of environmental exemption issued by another governmental
entity, the City reserves its right to exercise its rights as a responsible agency
to review de novo the environmental impacts of any WTFP application.
9. An accurate visual impact analysis showing the maximum silhouette, view -
shed analysis, color and finish palette and proposed screening for the wireless
telecommunications facility, including scaled photo simulations from at least
three different angles.
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10. Completion of the RF emissions exposure guidelines checklist contained in
Appendix A to the FCC’s “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.
11. 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.
12. Copies of any documents that the applicant is required to file pursuant to
Federal Aviation Administration regulations for the proposed wireless
telecommunications facility.
13. 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 Chapter 8.28 (Noise) of this code.
14. 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).
15. 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 wireless
telecommunication facility.
16. 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.
17. Evidence that the proposed wireless facility qualifies as a personal wireless
services facility.
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18. Address labels for use by the City in noticing all property owners within 500 feet
of the proposed wireless telecommunication facility and, if applicable, all public
hearing information required by the municipal code for public noticing
requirements.\
19. Any other information and/or studies reasonably determined to be necessary
by the public works or planning director(s) may be required.
D. Application Fees and Trust Deposits. For all WTFPs, application fee(s) and the
establishment of trust deposits to cover outside consultant costs shall be required
to be submitted with any application, as established by City Council resolution and
in accordance with California Government Code Section 50030. Notwithstanding
the foregoing, no application fee shall be refundable, in whole or in part, to an
applicant for a WTFP unless paid as a refundable trust deposit.
Reasonable costs of City staff, consultant and attorney time (including that of the
City attorney) pertaining to the review, processing, noticing and hearing
procedures directly attributable to a WTFP sha ll be reimbursable to the City. To
this end, the public works and/or planning director, as applicable, may require
applicants to enter a trust/deposit reimbursement agreement, in a form approved
by the city attorney, or other established trust/deposit acco unting mechanism for
purposes of obtaining an applicant deposit from which the direct costs of City
processing of an application may be drawn-down.
E. Independent Expert. The public works and/or planning director, as applicable, is
authorized to retain on behalf of the City one or more independent, qualified
consultant(s) to review any WTFP application at the applicant’s expense. The
review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not be limited to, application
completeness or accuracy, structural engineering analysis, or compliance with
FCC radio frequency emissions standards.
F. Effect of State or Federal Law on Application Process. In the event a state or
federal law prohibits the collection of any information or application conditions
required by this section, the public works director is authorized to omit, modify, or
add to that request from the City’s application form in consultation with the city
attorney. Requests for waivers from any application requirement of this section
shall be made in writing to the public works director. The public works director may
grant a request for waiver if it is demonstrated that, notwithstanding the issuance
of a waiver, the City will be provided all information necessary to understand the
nature of the construction or other activity to be conducted pursuant to the WTFP
sought. All waivers approved pursuant to this subsection shall be (1) granted only
on a case-by-case basis, and (2) narrowly-tailored to minimize deviation from the
requirements of the municipal code.
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G. Applications Deemed Withdrawn. To promote efficient review and timely decisions,
any application governed by this chapter will be automatically deemed withdrawn
by the applicant when the applicant fails to tender a substantive response to the
City on any application within thirty (30) calendar days after the application is
deemed incomplete in a written notice to the applicant. The public works or
planning director (as applicable) may grant a written extension for up to an
additional thirty (30) calendar days when the applicant submits a written request
prior to the application deemed automatically withdrawn that shows good cause to
grant the extension.
H. Waiver of Applications Superseded by Submission of New Project. If an applicant
submits a WTFP application, but substantially revises the proposed facility during
the application process prior to any City hearing or decision on such application,
the substantially revised application shall be deemed a new application for all
processing purposes, including FCC Shot Clocks, and the prior submittals deemed
waived and superseded by the substantially revised application. For purposes of
this subparagraph, “substantially revised” means that the project as initially-
proposed has been alternately proposed for a location 300 feet or more from the
original proposal or constitutes a substantial change in the dimensions or
equipment that was proposed in the original WTFP application.
I. Rejection for Incompleteness. WTFPs will be processed, and notices of
incompleteness provided, in conformity with state, local, and federal law. If such
an application is incomplete, it may be rejected by the public works director by
notifying the applicant in writing and specifying the material omitted from the
application.
12.18.060 - REVIEW PROCEDURE.
A. General. Wireless telecommunications facilities shall be installed and modified in
a manner that minimizes risk to public safety and utilizes installation of new support
structures or equipment cabinets in the PROW only after all existing and
replacement structure options have been exhausted, and where feasible, pla ces
equipment underground, and otherwise maintains the integrity and character of the
neighborhoods and corridors in which the facilities are located; ensures that
installations are subject to periodic review to minimize the intrusion on the PROW;
and ensures that the City bears no risk or liability as a result of the installations,
and that such use does not inconvenience the public, interfere with the primary
uses of the PROW, or hinder the ability of the City or other government agencies
to improve, modify, relocate, abandon, or vacate the PROW or any portion thereof,
or to cause the improvement, modification, relocation, vacation, or abandonment
of facilities in the PROW.
B. Collocation Encouraged. Where the facility site is capable of accommodating a
collocated facility upon the same site in a manner consistent with the permit
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conditions for the existing facility, the owner and operator of the existing facility
shall allow collocation of third-party facilities, provided the parties can mutually
agree upon reasonable terms and conditions therefor.
C. Findings Required for Approval of a WTFP.
1. Minor WTFP for SWF. For Minor WTFP applications proposing a SWF, the
public works director or planning director, as the case may be, shall approve
such application if, on the basis of the application and other materials or
evidence provided in review thereof, all of the following findings can be made:
a. The facility qualifies as a SWF;
b. The facility is not detrimental to the public health, safety, and welfare;
c. The SWF meets applicable requirements and standards of state and federal
law;
d. The SWF would not be located on a prohibited support structure identified
in this chapter;
e. The facility would utilize the most preferred support structure and location
within 250 feet from the originally proposed site in any direction, or the
applicant has demonstrated with clear and convincing evidence in the
written record that any more-preferred support structure(s) or locations
within 250 feet would be technically infeasible;
f. The meets applicable requirements and design standards for SWF un der
this chapter, unless the applicant has demonstrated with clear and
convincing evidence in the written record that any such standard would be
technically infeasible; and
g. All public notices required for the application have been given.
2. Minor WTFP for EFR. For Minor WTFP applications proposing an eligible
facilities request, the public works director shall approve such application if, on
the basis of the application and other materials or evidence provided in review
thereof, all of the following findings can be made:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally-applicable laws.
3. Major WTFP. No Major WTFP shall be granted unless all of the following
findings are made by the applicable decision-maker:
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a. If applicable, all notices required for the proposed Major WTFP have been
given, including the inclusion, or placement on-site, of photo simulations for
the proposed facility;
b. The proposed wireless telecommunications 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 an
eligible support structure;
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 law, or the applicant has entered into a franchise agreement with
the City permitting them to use the public right-of-way; and,
e. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible,
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 reasonably available.
D. Noticing. The provisions in this Section describe the procedures for the approval
process, any required notice and public hearings for a WTFP application.
1. Minor WTFP Applications. Within or reasonably about 5 business days of a
SWF application being deemed complete, n otice of the proposed SWF
application shall be mailed by the City to owners and occupants of real property
within a 500 foot radius of the proposed SWF site at least 10 days before
rendering a decision. Applications qualifying for eligible facilities requests shall
not require notice. The notice shall contain:
a. A general project description and dimensioned, full color photo simulations;
b. The applicant's identification and contact information as provided on the
application submitted to the City;
c. Contact information for the City’s approval authority;
d. A statement that the approval authority will act on the application without a
public hearing but will accept written public comments that evaluate the
application for compliance with the standards in this chapter;
e. A statement that the FCC requires the City to act on small cell permit
applications, which includes any administrative appeals, in 60 days for
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attachments to existing structures, and 90 days for new structures, unless
the applicant voluntarily agrees to toll the timeframe for review; and
f. Written public comments shall be received by the approval authority within
10 days of the public notice date.
2. Major WTFP Applications. Any Major WTFP application shall require notice and
a public hearing. Notice shall be provided at least 15 days before the public
hearing. Public notices shall include color photo simulations from different
angles depicting the wireless telecommunication facility as proposed to be
considered by the planning commission. If the application proposes the use of
an existing or replacement eligible support structure, such simulations shall be
posted upon the proposed support structure for a period of at least 30 days
prior to the public hearing; such posted simulations shall remain in-place until
a final decision, including exhausting all appeal processes, on the application
is reached.
E. Notice of Decision. W ithin 5 days after any decision to grant, approve, deny, or
conditionally grant any WTFP application, the public works director or planning
director, as applicable, shall provide written notice based on substantial evidence
in the written administrative record including the following:
1. A general explanation of the decision, including the findings required for the
decision, if any, and how those findings were supported or not supported by
substantial evidence;
2. A general description of the property involved;
3. Information about applicable rights to appeal the decision, costs to appeal, and
explanation of how that right may be exercised; and
4. To be given by first class mail to:
a. The project applicant and property owner;
b. Any person who submitted written comments concerning the WTFP;
c. Any person who has filed a written request with the City to receive such
notice; and
d. Any homeowner association on file with the City that has jurisdiction over
the WTFP site.
5. Once a WTFP is approved, no changes shall be made to the approved plans
without review and approval in accordance with this chapter.
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6. Because Section 332(c)(7) of the Telecommunications Act preempts local
decisions premised directly or indirectly on the environmental effects of radio
frequency (RF) emissions, no decision upon a WTFP shall be premised upon
the environmental or health effects of RF emissions, nor shall public comments
be considered to the extent they are premised upon the environmental or health
effects of RF emissions.
F. Appeals.
1. Minor WTFP Appeals. Any person who receives the Notice of Decision
pursuant to subsection 12.18.060(E)(4) may appeal such decision within 5 days
of the Notice of Decision date. The appeal will be considered by the City Council
within 10 days of filing. The City Council may decide the issues de novo and
the written decision will be the final decision of the City. An appeal by a wireless
infrastructure provider must be taken jointly with the wireless service provider
that intends to use the wireless facility. Because Section 332(c)(7) of the
Telecommunications Act preempts local decisions premised directly or
indirectly on the environmental effects of radio frequency (RF) emissions,
appeals of a Minor WTFP decision premised on the environmental effects of
radio frequency emissions will not be considered.
2. Major WTFP Appeals. Any person claiming to be adversely affected by a
decision of a Major WTFP pursuant to this chapter may appeal such decision
as provided in accordance with the appeal provisions in Chapter 17.80 of the
RPVMC.
G. 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
relevant FCC Shot Clock, which the applicant shall ensure is received by the City
(e.g., overnight mail) no later than 20 days prior to expiration.
12.18.070 – DESIGN AND DEVELOPMENT STANDARDS.
A. SWF Design and Development Standards. SWFs are subject to the design and
development standards and conditions of approval set forth herein. The City’s
grant of a WTFP for a SWF does not waive, and shall not be construed to waive,
any standing by the City to challenge any FCC orders or rules related to small cell
facilities, or any modification to those FCC orders or rules.
1. Visual & Other General Standards. SWFs shall be designed in the least visible
means feasible and to be compatible with support structure/surroundings.
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2. Noise. SWFs and all accessory equipment and transmission equipment must
comply with all applicable noise control standards and regulations stated in this
chapter.
3. Lights. SWFs shall not include any lights that would be visible from publicly
accessible areas, except as may be required under Federal Aviation
Administration, FCC, other applicable regulations for health and safety. All
equipment with lights (such as indicator or status lights) must be installed in
locations and within enclosures that mitigate illumination impacts visible from
publicly accessible areas. The provisions in this subsection (a)(3) shall not be
interpreted or applied to prohibit installations on streetlights or luminaires
installed on new or replacement poles as may be required under this Policy.
4. Landscape Features. SWFs shall not displace any existi ng landscape
features unless: (a ) such displaced landscaping is replaced with native
and/or drought -resistant plants, trees or other landscape features approved
by the approval authority and (b ) the applicant submits and adheres to a
landscape maintenance plan. The landscape plan must in clude existing
vegetation, and vegetation proposed to be removed or trimmed, and the
landscape plan must identify proposed landscaping by species type, size
and location. Landscape maintenance shall be performed in accordance to
the public works director .
If any trees are damaged or displaced, the permittee shall hire and pay for a
licensed arborist to select, plant, and maintain replacement landscaping in an
appropriate location for the species. Only International Society of Arboriculture
certified workers under the supervision of a licensed arborist shall be used to
install the replacement tree(s). Any replacement tree must be substantially the
same size as the damaged tree. The permittee shall, at all times, be
responsible to maintain any replacement landscape features.
To preserve existing landscaping in the public rights -of-way, all work
performed in connection with SWFs shall not cause any street trees to be
trimmed, damaged or displaced. If any street trees are damaged or
displaced, the applicant shall be responsible, at its sole cost and expense, to
plant and maintain replacement trees at the site for the duration of the permit
term.
5. Site Security Measures. SWFs may incorporate reasonable and appropriate
site security measures, such as locks and anti-climbing devices, to prevent
unauthorized access, theft , or vandalism. The approval authority shall not
approve any barbed wire, razor ribbon, electrified fences or any similarly
dangerous security measures. All exterior surfaces on SWFs shall be
constructed from or coated with graffiti -resistant materials.
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6. Signage and Advertisements. All SWFs shall contain a site identification sticker
that accurately identifies the site owner/operator, the owner/operator's site
name or identification number and a toll-free number to the owner/operator's
network operations center. SWFs may not bear any other signage or
advertisements unless expressly approved by the City, required by law or
recommended under FCC, OSHA, Federal Aviation Administration or other
United States governmental agencies for compliance with RF emissions
regulations. Permittees shall:
a. Remove or paint over unnecessary equipment manufacturer decals and fill -
in any visibly depressed manufacturer logos on equipment.
b. Utilize the smallest and lowest visibility stickers required by government or
electric utility regulations.
c. Use sticker colors that are muted.
d. Signage shall be maintained in legible condition and the carrier will be
required to replace any faded signage within 30 days of receiving written
notification from the City that it is in need of replacing.
7. Compliance with Health and Safety Regulations. All SWFs shall be designed,
constructed, operated and maintained in compliance with all generally
applicable health and safety regulations, which in cludes without limitation all
applicable regulations for human exposure to RF emissions.
8. Dimensions and Design. Wireless facilities shall be as small, short, and
unobtrusive as possible.
9. Overall Height. SWFs may not exceed either (a) the minimum separation from
electrical lines required by applicable safety regulations, plus 4 feet or (b) 4 feet
above the existing support structure. In addition, SWFs shall be located no
higher than 10% or 10 feet, whichever is greater, than the height otherwise
permitted in the immediately adjacent zoning district.
10. Concealment. All antennas and associated mounting equipment, hardware,
cables or other connecters must be completely concealed within an opaque
antenna shroud or radome. The antenna shroud or radome must be painted a
flat, non-reflective color to match the underlying support structure. The wireless
facility and accessory equipment shall be camouflaged with use of one or more
concealment elements to blend the facility with surrounding materials and
colors of the adjacent street light or utility pole to which it is mounted.
Concealment elements include:
a. Radio frequency transparent screening;
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b. Approved, specific colors;
c. Use of non-reflective material(s);
d. Minimizing the size of the site;
e. Integrating the installation into existing or replacement utility infrastructure;
f. Installing new infrastructure that matches existing infrastructure in the area
surrounding the proposed site.
g. Antennas, brackets (mounting), PVC or steel risers and cabling shall match
the color of the adjacent structure.
h. Paint shall be of durable quality.
i. Materials shall be non-flammable and non-reflective.
j. Each individual antenna may not exceed 3 cubic feet in volume and all
antennas may not exceed 6 cubic feet in volume.
k. Accessory Equipment.
11. Installation Preferences. SWF accessory equipment shall be enclosed in
replacement poles or placed underground where technically feasible, and if not
feasible, shall be as small, short, and unobtrusive as possible. Applications that
involve lesser-preferred installation locations may be approved so long as the
applicant demonstrates that no more preferred installation location would be
technically infeasible as supported by clear and convincing evidence in the
written record.
12. Undergrounded Accessory Equipment. All undergrounded accessory
equipment must be installed in an environmentally controlled vault that is load-
rated to meet the City's standards and specifications. Underground vaults
located beneath a sidewalk must be constructed with a slip -resistant cover.
Vents for airflow shall be flush -to-grade when placed within the sidewalk and
shall not exceed 2 feet above grade when placed off the sidewalk. Applicants
shall not be permitted to install an underground vault in a location that would
cause any existing tree to be materially damaged or displaced.
13. Streetlights. Applicants that propose to install SWFs on an existing streetlight
must remove and replace the existing streetlight with one substantially similar
to the City's standards and specifications but designed to accommodate
wireless antennas and accessory equipment. To mitigate any material changes
in the streetlighting patterns, the replacement pole must:
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a. be located as close to the removed pole as possible;
b. be aligned with the other existing streetlights; and
c. include a luminaire at substantially the same height and distance from the
pole as the luminaire on the removed pole. All antennas shall be installed
above the pole within a single, canister style shroud or radome that tapers
to the pole.
14. Wood Utility Poles. Applicants that propose to install SWFs on an existing wood
utility pole must install all antennas above the pole unless the applicant
demonstrates that mounting the antennas above the pole would be technically
infeasible as supported by clear and convincing evidence in the written record.
Side-mounted antennas on a stand-off bracket or extension arm must be
concealed within a shroud. All cables, wires and other connectors must be
concealed within the side-arm mount or extension arm. The maximum
horizontal separation between the antenna and the pole shall be the minimum
separation required by applicable health and safety regulations.
15. For Replacement Poles and Street Lights. If an applicant proposes a
replacement pole or street light t o accommodate the SWF, the replacement
shall be in the same location as the street light or pole being replaced; unless
the replacement will not meet all applicable standards, then replacement may
be located in an alternative location that complies with the requirements herein.
16. New, Non-Replacement Poles. Applicants that propose to install SWFs on a
new, non-replacement pole must install a new streetlight substantially similar
to the City's standards and specifications but designed to accommodate
wireless antennas and accessory equipment located immediately adjacent to
the proposed location. If there are no existing streetlights in the immediate
vicinity, the applicant may install a metal or composite pole capable of
concealing all the accessory equipment either within the pole or within an
integrated enclosure located at the base of the pole. The pole diameter shall
not exceed 12 inches and any base enclosure diameter shall not exceed 16
inches. All antennas, whether on a new streetlight or other new pole, must
be installed above the pole within a single, canister style shroud or radome ,
and shall comply with the following:
a. The new pole must actually function for a purpose other than placement of
a wireless facility (e.g., street light, utility pole, etc.).
b. The design must match the dimensions and design of existing and similar
types of poles and antennas in the surrounding areas.
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17. Encroachments Over Private Property. SWFs may not encroach onto or over
any private or other property outside the PROW without the property owner's
express written consent.
18. Backup Power Sources. Fossil-fuel based backup power sources shall not be
permitted within the PROW; provided, however, that connectors or receptacles
may be installed for temporary backup power generators used in an emergency
declared by federal, state or local officials.
19. Obstructions; Public Safety. SWF and any associated equipment or
improvements shall not physically interfere with or impede access to any:
a. Above-ground or underground infrastructure for traffic control, streetlight or
public transportation, including without limitation any curb control sign,
parking meter, vehicular traffic sign or signal, pedestrian traffic sign or
signal, barricade reflectors;
b. Public transportation vehicles, shelters, street furniture or other
improvements at any public transportation stop;
c. Above-ground or underground infrastructure owned or operated by any
public or private utility agency;
d. Fire hydrant or water valve;
e. Doors, gates, sidewalk doors, passage doors, stoops or other ingress and
egress points to any building appurtenant to the rights -of-way;
f. Fire escape.
20. Utility Connections. All cables and connectors for telephone, data backhaul,
primary electric and other simi lar utilities must be routed underground in
conduits large enough to accommodate future collocated wireless facilities.
Undergrounded cables and wires must transition directly into the pole base
without any external doghouse. All cables, wires, and connectors between
the underground conduits and the antennas and other accessory equipment
shall be routed through and concealed from view within: (a) internal risers or
conduits if on a concrete, composite or similar pole; or (b ) a cable shroud or
conduit mounte d as flush to the pole as possible if on a wood pole or other
pole without internal cable space. The approval authority shall not approve
new overhead utility lines or service drops merely because compliance with
the undergrounding requirements would incre ase the project cost.
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21. Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or
coaxial cables shall not be spooled, coiled or otherwise stored on the pole
outside equipment cabinets or shrouds.
22. Electric Meters.
a. SWFs shall use unmetered (flat rate) electric service, if allowed by the utility
company, or use the narrowest, shrouded electric meter and disconnect
available. Permittees shall ensure the meter and other enclosures are well
maintained, including regular painting, and the use of a graffiti-resistant
paint, and stack the disconnect switch above/below the meter, instead of
attached to the side of the meter.
b. Electrical meters, vaults, and fans shall be located underground where
feasible.
23. Building-Mounted Sm all Wireless Facilities.
a. Preferred Concealment Techniques. All applicants must propose new non-
tower SWFs that are completely concealed and architecturally integrated
into the existing façade or rooftop features with no visible impacts from any
publicly accessible areas at ground level (examples include, but are not
limited to, antennas behind existing parapet walls or façades replaced with
RF-transparent material and finished to mimic the replaced materials).
Alternatively, if the applicant demonstrates with clear and convincing
evidence that integration with existing features is technically infeasible, the
applicant may propose completely concealed new structures or
appurtenances designed to mimic the support structure's original
architecture and proportions (examples include, but are not limited to,
steeples and chimneys).
b. Facade-Mounted Equipment. When SWFs cannot be placed behind
existing parapet walls or other existing screening elements, the approval
authority may approve fa çade-mounted equipment in ac cordance with
this Subsection. All façade-mounted equipment must be concealed
behind screen walls and mounted flush to the façade. The approval
authority may not approve “pop -out” screen boxes. Except in industrial
zones, the approval authority may not approve any exposed façade-
mounted antennas, including but not limited to exposed antennas painted
to match the façade.
24. Future Modifications. Any modifications to existing facilities or collocation s
shall not defeat the concealment elements of the existing structure/facility.
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25. Standard Conditions of Approval. In addition to the design and development
standards stated in this section, all WTFPs issued for a SWF shall be subject
to the following condit ions:
a. Post-Installation Certification. Within 60 calendar days after the applicant
commences full, unattended operations of a SWF approved or deemed -
approved, the applicant shall provide the approval authority with
documentation reasonably acceptable to the approval authority that the
SWF has been installed and/or constructed in strict compliance with the
approved construction drawings and photo simulations. Such
documentation shall include without limitation as -built drawings, GIS data
and site photographs.
b. Adverse Impacts on Other Properties. In addition to those requirements
stated in this section, the applicant shall not perform or cause others to
perform any construction, installation, operation, modification,
maintenance, repair, removal or other work that involves heavy equipment
or machines except during normal construction work hours authorized by
Chapter 17.56 of this code. 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
or other state or federal government agency or official with authority to
declare a state of emergency within the City. The approval authority may
issue a stop work order for any activities that violate this condition in whole
or in part.
c. Inspections; Emergencies. The applicant expressly acknowledges and
agrees that the City's officers, officials, staff, agents, contractors, or other
designees may enter onto the site and inspect the improvements and
equipment upon reasonable prior notice to the permittee. Notwithstanding
the prior sentence, the City's officers, officials, staff, agents, contractors, or
other designees 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 applicant, if
present, may observe the City's officers, officials, staff, or other designees
while any such inspection or emergency access occurs.
d. Future Undergrounding Programs. If other public utilities or communications
providers in the PROW underground their facilities in the segment of the
PROW where the SWF is located, the applicant shall underground its
equipment except the antennas and any other equipment that must be
placed above ground to function. Accessory equipment such as radios and
computers that require an environmentally controlled underground vault to
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function shall not be exempt from this condition. SWFs installed on wood
utility poles that will be removed pursuant to the undergrounding program
may be reinstalled on a streetlight that complies with the City's standards
and specifications. Such undergrounding shall occur at the applicant’s sole
cost and expense except as may be reimbursed through tariffs approved by
the state public utilities commission for undergrounding costs.
e. Electric Meter Upgrades. If the commercial electric utility provider adopts or
changes its rules obviating the need for a separate or ground -mounted
electric meter and enclosure, the applicant on its own initiative and at its
sole cost and expense shall remove the separate or ground-mounted
electric meter and enclosure. Prior to removing the electric meter, the
applicant shall apply for any encroachment and/or other ministerial
permit(s) required to perform the removal from the City. Upon removal, the
applicant shall restore the affected area to its original condition that existed
prior to installation of the equipment.
f. Rearrangement and Relocation. The applicant acknowledges that the City,
in its sole discretion and at any time, may: (i) change any street grade, width
or location; (ii) add, remove or otherwise change any improvements in, on,
under or along any street owned by the City or any other public agency,
which includes without limitation any sewers, storm drains, conduits, pipes,
vaults, boxes, cabinets, poles and utility systems for gas, water, electric or
telecommunications; and/or (iii) perform any other work deemed necessary,
useful or desirable by the City (collectively, “City work”). The City reserves
the rights to do any and all City work without any admission on its part that
the City would not have such rights without the express reservation in the
SWF permit. If the Public Works Director determines that any City work will
require the applicant's SWF located in the PROW to be rearranged and/or
relocated, the applicant shall, at its sole cost and expense, do or cause to
be done all things necessary to accomplish such rearrangement and/or
relocation. If the applicant fails or refuses to either permanently or
temporarily rearrange and/or relocate the permitte e's SWF within a
reasonable time after the Public Works Director's notice, the City may (but
will not be obligated to) cause the rearrangement or relocation to be
performed at the applicant's sole cost and expense. The City may exercise
its rights to rearrange or relocate the permittee's SWF without prior notice
to applicant when the Public Works Director determines that the City work
is immediately necessary to protect public health or safety. The applicant
shall reimburse the City for all costs and expenses in connection with such
work within 10 days after a written demand for reimbursement and
reasonable documentation to support such costs.
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B. Eligible Facilities Request Design and Development Standards. Approved eligible
facilities requests for which the findings set forth in Section 12.18.060(C)(2) have
been made are subject to the following, unless modified by the approving authority:
1. WTFP Subject to Conditions of Underlying Permit. Any WTFP granted in
response to an application qualifying as an eligible facilities request shall be
subject to the terms and conditions of the underlying permit and all such
conditions that were applicable to the facility prior to approval of the subject
eligible facility request.
2. No Permit Term Extension. The City granting, or granting by operation of law,
of an eligible facilities request permit constitutes a federally -mandated
modification to the underlying permit or approval for the subject tower or base
station. Notwithstanding any permit duration established in another permit
condition, the City’s granting, or granting by operation of law, of a eligible
facilities request permit will not extend the permit term for the underlying permit
or any other underlying regulatory approva l, and its term shall have the same
term as the underlying permit or other regulatory approval for the subject tower
or base station.
3. No waiver of standing. The City’s granting, or granting by operation of law, of
an eligible facilities request does not waive, and shall not be construed to
waive, any standing by the City to challenge Section 6409(a) of the Spectrum
Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any
modification to Section 6409(a) of the Spectrum Act.
C. Major WTFP Design and Development Standards. All wireless
telecommunications facilities subject to a Major WTFP that are located within the
PROW 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 standards:
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 and public views, all in a manner that achieves compatibility with
the community and in compliance with 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, includi ng landscaping, color,
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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. Wireless telecommunications facilities shall be located consistent with
Section 12.18.080 (Location Restrictions) unless an exception is granted.
2. Traffic Safety. All facilities shall be designed and located in such a manner as
to avoid adverse impacts on traffic safety.
3. Blending Methods. All facilities shall have subdued colors and non -reflective
materials that blend with the materials and colors of the surrounding area ,
infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision
of wireless telecommunications services that is technically feasible. Antenna
elements shall be flush mounted, to the extent feasible, with all cables and
wires clipped-up or otherwise out of public view. 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 technically feasible.
5. Support Structures.
a. Pole-Mounted Only. Only pole-mounted antennas (excepting wooden poles
per subparagraph 5.b below) shall be permitted in the public right-of-way.
Mountings to all other forms of support structure in the public right-of-way
are prohibited unless an exception pursuant to Section 12.18.080 is
granted.
b. Utility Poles. Wireless telecommunications facilities shall not be located on
wooden poles unless an exception pursuant to Section 12.18.080 is
granted. The maximum height of any antenna shall not exceed 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 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.
c. Light Poles. The maximum height of any antenna shall not exceed 4 feet
above the existing height of a light pole. Any portion of the antenna or
equipment mounted on a pole shall be no less than 16½ feet above any
drivable road surface.
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d. Replacement Poles. If an applicant proposes to replace a pole that is an
eligible support structure to accommodate the proposed facility, the
replacement 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.
e. Equipment mounted on a support structure shall not exceed 4 cubic feet in
dimension.
f. No new guy wires shall be allowed unless required by other laws or
regulations.
g. An exception pursuant to Section 12.18.080 shall be required to erect any
new support structure (non-eligible support structure) that is not the
replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures),
regardless of location, the following requirements shall apply:
i. The new support structure shall be designed to resemble existing
support structures of the same type in the right-of-way near that location,
including size, height, color, materials and style, with the exception of
any existing structural designs that are scheduled to be removed and
not replaced.
ii. New support structures that are not replacement structures shall be
located at least 90 feet from any eligible support structure to the extent
feasible.
iii. New support structures shall not adversely impact public view corridors,
as defined in Section 17.02.040 of the RPVMC, 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 new support structure. The
applicant shall further employ concealment techniques to blend the new
support structure with said features including but not limited to the
addition of vegetation if feasible.
iv. A justification analysis shall be submitted for all new support structures
that are not replacements to demonstrate why an eligible support facility
cannot be utilized and demonstrating the new structure is the least
intrusive means possible, including a demonstration that the new
structure is designed to be the minimum functional height and width
required to support the proposed wireless telecommunications facility.
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v. All cables, including, but not limited to, electrical and utility cables, shall
be run within the interior of the support structure and shall be
camouflaged or hidden to the fullest exten t feasible. For all support
structures wherein interior installation is infeasible, conduit and cables
attached to the exterior shall be mounted flush thereto and painted to
match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in
the right-of-way that is technically feasible.
7. 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.
8. 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 PROW , or cause safety hazards to
pedestrians and motorists.
9. Public Facilities. A facility shall not be located within any portion of the PROW
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.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls,
fences, landscaping or other screening methods shall be installed at least 18
inches from the curb and gutter flow line.
11. 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
pursuant to Section 12.18.080 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 3½ feet and a total footprint of 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. Also, while
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pole-mounted equipment is generally the least favored installation, should
pole-mounted equipment be sought, it shall be inst alled as required in this
chapter.
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 s ide
of the street with no homes.
12. Landscaping. Where appropriate, each facility shall be installed so as to
maintain and enhance existing landscaping on the site, including trees, 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.
13. 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.
14. 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 Federal Aviation Administration 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. Should no lighting be proposed, no lighting study shall be
required.
15. Noise.
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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 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any facility exceed an exterior noise
level of 55 dBA three 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 500 feet of any property zoned reside ntial or
improved with a residential use, such equipment noise shall not exceed
45 dBA three feet from the sources of the noise .
16. 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 public works director or the approving City body, as applicable,
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.
17. 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.
18. The installation and construction approved by a wireless telecommunications
facility permit shall occur within one year after its approval or it will expire
without further action by the City.
19. Conditions of Approval. All Major WTFPs shall be subject to such conditions of
approval as reasonably imposed by the public works director or the approving
City body, as applicable, as well as any modification of the conditions of
approval deemed necessary by the public works director or the approving City
body.
12.18.080 - LOCATION RESTRICTIONS, LOCATION AND STRUCTURAL
PREFERENCES, AND EXCEPTIONS.
A. Locations Requirements for SWF.
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1. Preface to Location Requirements. Applications that involve lesser-preferred
locations or structures as described in subsections 12.18.080(A)(2) and
12.18.080(A)(3) may be approved so long as the applicant demonstrates that
either (1) no more preferred locations or structures exist within 250 feet from
the proposed site; or (2) any more preferred locations or structures within 250
feet from the proposed site would be technically infeasi ble to achieve the
operator’s service objectives, as supported by clear and convincing evidence
in the written record, unless prohibited under this section. Preferred location
requirements shall consist of the following:
a. Allowable locations for SWFs are on existing or replacement infrastructure
such as street lights and utility poles.
b. When locating in an alley, the SWF shall be placed at a height above the
roof line of adjacent buildings to avoid being placed adjacent to a window.
c. When choosing locations, choose locations in between occupied buildings
rather than immediately adjacent to occupied buildings, and not adjacent to
a window.
d. If the SWF is not able to be placed on existing infrastructure, the applicant
shall provide a map of existing infrastructure in the service area and
describe why each such site was not feasible.
2. Locations in the Public Rights-of-Way. The City prefers SWF in the public
rights-of-way to be installed in locations, ordered from most preferred to least
preferred, as follows:
a. Locations within the City’s commercial zoning districts on or along arterial,
b. Locations within the City’s commercial zoning districts on or along collector
roads;
c. Locations within the City’s commercial zoning districts on or along local
roads,
d. Locations within the City’s institutional zoning districts on or along arterial
roads;
e. Locations within the City’s institutional zoning districts on or along collector
roads,
f. Locations within the City’s institutional zoning districts on or along local
roads,
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g. Locations within residential districts on or along arterial roads;
h. Locations within residential districts on or along collector roads;
i. Any location in any district within 250 feet from any structure approved for
a residential use.
3. Support Structures in the Public Rights-of-Way. The City prefers SWFs to be
installed on support structures in the PROW, ordered from most preferred to
least preferred, as follows:
a. Existing or replacement streetlight poles;
b. Existing or replacement wood utility poles;
c. Existing or replacement street sign poles;
d. New, non -replacement streetlight poles;
e. New, non -replacement poles for small wireless facilities.
4. Prohibited Support Structures. The City prohibits SWFs to be installed on the
following support structures:
a. Strand-mounted wireless facilities are prohibited.
b. Decorative poles;
c. Traffic signals, cabinets and related devices;
d. Any utility pole scheduled for removal or relocation within 12 months from
the time the approval authority acts on the small cell permit application;
e. New, non-replacement wood poles.
B. Locations Requiring an Exception for Major WTFPs. Major WTFPs are strongly
disfavored in certain areas and on certain support structures. Therefore the
following locations are permitted only when an exception ha s been granted
pursuant to Subsection C hereof:
1. Public right-of-way within those zones as identified in the General Plan as
residential zones;
2. Public right-of-way within public view corridors identified in the General Plan
and the Coastal Specific Plan;
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C. Required Findings for an Exception on Major WTFPs. For any Major WTFP
requiring an “exception” under this chapter, no such exception shall be granted
unless the applicant demonstrates with clear and convincing evidence all the
following:
1. The proposed wireless facility qualifies as a personal wireless services facility;
2. The applicant has provided the City with a clearly defined significant gap (as
established under state and federal law) and a clearly defined potential site
search area.
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 wireless
telecommunications facilities without the proposed facility, predicted service
coverage levels from all adjacent facilities serving applicant with the
proposed facility, and predicted service coverage levels from the proposed
facility without all adjacent facilities.
b. In the event the applicant seeks to address service capacity concerns, a
written explanation and propagation maps identifying the existing facilities
with service capacity issues together with competent evidence to
demonstrate the inability of those facilities to meet capacity demands.
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)
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 reasonably available .
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 objectives of covering an established significant gap
(as established under state and federal law).
5. The applicant has demonstrated that strict compliance with any provision in
this chapter for a Major WTFP would effectively prohibit the provision of
personal wireless services.
D. Scope. The planning commission or public works director, as applicable, shall limit
an exemption for a Major WTFP to the extent to which the applicant demonstrates
such exemption is necessary to reasonably achieve its objectives of covering an
established significant gap (as established under state and federal law). The
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planning commission or public works director, as applicable, may adopt conditions
of approval as reasonably necessary to promote the purposes in this chapter and
protect the public health, safety and welfare.
12.18.090 - OPERATION AND MAINTENANCE STANDARDS.
All wireless telecommunications facilities must comply at all times with the following
operation and maintenance standards:
A. The permittee shall at all times maintain compliance with all applica ble federal,
state, and local laws, regulations and other rules, including, without limitation,
those applying to use of the PROW. The permittee shall ensure that all equipment
and other improvements to be constructed and/or installed in connection with th e
approved WTFP are maintained in a manner that is not detrimental or injurious to
the public health, safety, and general welfare and that the aesthetic appearance is
continuously preserved, and substantially the same as shown in the approved
plans at all times relevant to the WTFP.
B. Unless otherwise provided herein, all necessary repairs and restoration shall be
completed by the permittee, owner, operator or any designated maintenance agent
at its sole cost within 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.
C. Insurance. The permittee shall obtain and maintain throughout the term of the
permit a type and amount of insurance as specified by City’s risk management.
The relevant policy(ies) shall name the City, its elected/appointed officials,
commission members, officers, representatives, agents, and employees as
additional insured. The permittee shall use its best efforts to provide 30 days prior
notice to the public works director of to the cancellation or material modification of
any applicable insurance policy.
D. Indemnities. The permittee and, if applicable, the owner of the property upon which
the wireless facility is installed shall defend, indemnify and hold harmless the City,
its agents, officers, officials, and employees (i) from any and all damages,
liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs of mandamus, and other actions or proceedings brought
against the City or its agents, officers, officials, or employees to challenge, attack,
seek to modify, set aside, void or annul the City’s approval of the permit, and
(ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and
any and all claims, demands, law suits, or causes of action and other actions or
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proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee or, if applicable, the private property owner or any of each one’s agents,
employees, licensees, contractors, subcontractors, or independent contractors. In
the event the City becomes aware of any such actions or claims the City shall
promptly notify the permittee and, if applicable, the private property owner and
shall reasonably cooperate in the defense. The City shall have the right to approve,
which approval shall not be unreasonably withheld, the legal counsel providing the
City’s defense, and the property owner and/or Permittee (as applicable) shall
reimburse the City for any costs and expenses directly and necessarily incurred by
the City in the course
E. Performance Bond. Prior to issuance of a wireless encroachment permit, the
permittee shall file with the City, and shall maintain in good standing throughout
the term of the approval, a performance bond or other surety or another form of
security for the removal of the facility in the event that the use is abandoned or the
permit expires, or is revoked, or is otherwise terminated. The security shall be in
the amount equal to 100% of the cost of removal of the facility as specified in the
application for the WTFP or as that amount may be modified by the public works
director in in the permit based on the characteristics of the installation. The
permittee shall reimburse the City for staff time associated with the processing and
tracking of the bond, based on the hourly rate adopted by the City council.
Reimbursement shall be paid when the security is posted and during each
administrative review.
F. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification, and removal of
the facility. All facilities, including each piece of equipment, shall be located and
placed in a manner so as to not interfere with the use of the PROW, impede the
flow of vehicular or pedestrian traffic, impair the primary use and purpose of
poles/signs/traffic signals or other infrastructure, interfere with outdoor dining
areas or emergency facilities, or otherwise obstruct the accessibility of the PROW.
G. Contact Information. Each permittee of a wireless telecommunications facility shall
provide the public works 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 7 days of any change.
H. 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:
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1. 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 (water, sewer, storm drains, gas, oil,
electrical, etc.) that result from any activities performed in connection with the
installation and/or maintenance of a wireless facility in the PROW.
2. General dirt and grease;
3. Chipped, faded, peeling, and cracked paint;
4. Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities
must be removed at the sole expense of the permittee within forty eight (48)
hours after notification from the City.
8. Broken and misshapen structural parts; and
9. Any damage from any cause.
I. All trees, foliage or other landscaping elements approved as part of the facility shall
be maintained in neat, safe and 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 public works director.
J. 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.
K. Each facility shall be operated and maintained to comply with all conditions of
approval. The permittee, when directed by the City, must perform an inspection of
the facility and submit a report to the public works director on the condition of the
facility to include any identified concerns and corrective action taken. Additionally,
as the City performs maintenance on City-owned infrastructure, additional
maintenance concerns may be identified. These will be reported to the permittee.
The City shall give the permittee 30 days to correct the identified maint enance
concerns after which the City reserves the right to take any action it deems
necessary, which could include revocation of the permit. The burden is on the
Permittee to demonstrate that it complies with the requirements herein. Prior to
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issuance of a permit under this Chapter, the owner of the facility shall sign an
affidavit attesting to understanding the City’s requirement for performance of
annual inspections and reporting.
L. All facilities permitted pursuant to this chapter shall comply with the Americans with
Disabilities Act.
M. The permittee shall be responsible for obtaining power to the facility and for the
cost of electrical usage.
N. Interference.
1. 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 permitted activity or encroachment, 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 a wireless encroachment permit, 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 PROW or City utility
easement to be affected by permittee's facilities.
2. The facility shall not damage or interfere in any way with City property, the
City’s operations or the operations of prior-existing, third party installations. The
City will reasonably cooperate with the permittee and/or carrier to carry out
such activities as are necessary to correct the interference.
a. Signal Interference. The permittee shall correct any such interference within
24 hours of written notification of the interference. Upon the expiration of
the 24-hour cure period and until the cause of the interference is eliminated,
the permittee shall cease operation of any facility causing such interference
until such interference is cured.
b. Physical Interference. The City shall give the permittee 30 days to correct
the interference after which the City reserves the right to take any action it
deems necessary, which could include revocation of the permit.
3. The City at all times reserves the right to take any action it deems necessary,
in its sole discretion, to repair, maintain, alter, or improve the sites. Such actions
may temporarily interfere with the operation of the facility. The City will in all
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cases, other than emergencies, give the applicant 30 days written notification
of such planned, non-emergency actions.
O. RF Exposure Compliance. All facilities shall comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the facility, the permittee or its
representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC Office of Engineering and
Technology Bulletin 65 RF emissions safety rules for general
population/uncontrolled RF exposure in all sectors. For this testing, the transmitter
shall be operating at maximum operating power, and the testing shall occur
outwards to a distance where the RF emissions no longer exceed the
uncontrolled/general population limit.
1. Testing of any equipment shall take place on weekdays only, and only between
the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on holidays and
weekends.
P. Records. The permittee shall maintain complete and accurate copies of all permits
and other regulatory approvals issued in connection with the facility, which includes
without limitation this approval, the approved plans and photo simulations
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this
condition or fails to produce true and complete copies of such records within a
reasonable time after a written request from the City, any ambiguities or
uncertainties that would be resolved through an inspection of the missing records
will be construed against the permittee.
Q. Attorney’s Fees. In the event the City determines that it is necessary to take legal
action to enforce any of these conditions, or to revoke a permit, and s uch legal
action is taken, the permittee shall be required to pay any and all costs of such
legal action, including reasonable attorney’s fees, incurred by the City, even if the
matter is not prosecuted to a final judgment or is amicably resolved, unless the
City should otherwise agree with permittee to waive said fees or any part thereof.
The foregoing shall not apply if the permittee prevails in the enforcement
proceeding.
12.18.100 - NO DANGEROUS CONDITION OR OBSTRUCTIONS ALLOWED.
No person shall install, use or maintain any wireless telecommunications facility that 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 such site or location is used for public utility purposes, public
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transportation purposes or other governmental use, or whe n 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, t raffic signs or signals, hydrants,
mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted
at or near said location.
12.18.110 - NONEXCLUSIVE GRANT; NO POSSESSORY INTERESTS.
A. 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 constru ed as a warranty
of title.
B. No possessory interest is created by a WTFP. However, to the extent that a
possessory interest is deemed created by a governmental entity with taxation
authority, the permittee acknowledge that the City has given to the applicant notice
pursuant to California Revenue and Taxation Code Section 107.6 that the use or
occupancy of any public property pursuant to a WTFP may create a possessory
interest which may be subject to the payment of property taxes levied upon such
interest. Wireless telecommunications facility operators shall be solely liable for,
and shall pay and discharge prior to delinquency, any and all possessory interest
taxes or other taxes, fees, and assessments levied against their right to
possession, occupancy, or use of any public proper ty pursuant to any right of
possession, occupancy, or use created by the WTFP.
C. The permission granted by a WTFP shall not in any event constitute an easement
on or an encumbrance against the PROW. No right, title, or interest (including
franchise interest) in the PROW, or any part thereof, shall vest or accrue in
permittee by reason of a wireless encroachment permit or the issuance of any
other permit or exercise of any privilege given thereby.
12.18.120 - PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS.
A. Permit Term. 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 10 years, unless pursuant
to another provision of this code it lapses sooner or is revoked. At the end of 10
years from the date of issuance, such permit shall automatically expire.
B. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the City’s current code requirements for
wireless telecommunications facilities.
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C. Timing of Installation. The installation and construction authorized by a WTFP shall
begin within 1 year after its approval, or it will expire without further action by the
City. The installation and construction authorized by a WTFP shall conclude,
including any necessary post-installation repairs and/or restoration to the PROW,
within 30 days following the day construction commenced.
D. Commencement of Operations. The operation of the approved facility shall
commence no later than 90 days after the completion of installation, or the WTFP
will expire without further action by the City. The permittee shall provide the public
works director notice that operations have commenced by the same date.
12.18.130 - 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 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 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 public works director in writing of its intent
to abandon or cease use of a permitted site or a nonconforming site (including
unpermitted sites) within 10 days of ceasing or abandoning use. Notwithstanding
any other provision herein, the operator of the facility shall provide written notice
to the public works director of any discontinuation of operations of 30 days or more.
C. Failure to inform the public works 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;
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 or by law.
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12.18.140 - REMOVAL AND RESTORATION—PERMIT EXPIRATION, REVOCATION
OR ABANDONMENT.
A. Upon the expiration date of the permit, including any extensions, earlier termina tion
or revocation of the WTFP or abandonment of the facility, the permittee, owner or
operator shall within 60 days remove its wireless telecommunications facility and
restore the site to the condition it was in prior to the granting of the WTFP, 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. Expired,
terminated or revoked wireless telecommunications facility equipment shall be
removed from the site at no cost or expense to the City.
B. Revocation. Any WTFP may be amended, suspended, or revoked for violations of
the provisions of this Ordinance or any condition of approval. Amendment,
suspension, or revocation shall be pursuant to the procedures of Section
17.86.060 of this code, following notice of the violations to the permittee, and a
reasonable opportunity to correct.
C. Summary Removal. In the event any City director or City engineer determines that
the condition or placement of a wireless telecommunications facility located in the
public right-of-way constitutes an immediate 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 (collectivel y, “exigent
circumstances”), such director or City engineer may cause the facility to be
removed summarily and immediately without advance notice or a hearing. Writte n
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 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 reasonable effort or if the owner
fails to pick-up the property within 60 days, the facility shall be treated as
abandoned property.
D. Removal of Facilities by City. In the event the City removes a wireless
telecommunications facility in accordance with nuisance abatement procedures
stated in Chapter 8.24 of this code or pursuant to the summary removal procedures
of Subsection B, above, 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
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permittee, owner or operator after notice, or removal by the City due to exigent
circumstances.
12.18.150 - 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 chapter and other sections of this code, this chapter shall control.
12.18.160 - STATE OR FEDERAL LAW.
The implementation of this chapter and decisions on applications for placement of
wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the
requirements of this chapter are satisfied, unless it is determined that the applicant has
established that denial of an application would, within the meaning of federal law, prohibit
or effectively prohibit the provision of personal wireless services, or otherwise violate
applicable laws or regulations. If that determination is made, the requirements of this
Chapter may be waived, but only to the minimum extent required to avoid the prohibition
or violation.
12.18.170 – LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE RIGHT-OF-WAY.
A. Legal nonconforming wireless telecommunications facilities are those facilities that
existed but did not conform to this chapter on the date this chapter became
effective.
B. Legal nonconforming wireless telecommunications facilities shall, within 10 years
from the date this chapter became effective, 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
public works director or other deciding body made pursuant to this Section. In the
event of an appeal alleging that the 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.