PC RES 2024-012P.C. RESOLUTION 2024-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING TO
THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED TO
REPEAL SECTION 17.76.020 (ANTENNAS) OF CHAPTER
17.76 (MISCELLANEOUS PERMITS AND STANDARDS) AND
REPLACE WITH CHAPTER 17.73 (WIRELESS
TELECOMMUNICATION FACILITIES ON PRIVATE
PROPERTY) IN TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE (CASE NO. PLCA2022-0008).
WHEREAS, §17.76.020 (Antennas) of the Rancho Palos Verdes Municipal Code
(RPVMC) regulates the placement of commercial and noncommercial antennas within
the City; and
WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the
City's first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the
development, design, and location of commercial antennas; and
WHEREAS, on April 5, 1988, Ordinance No. 226 was adopted to amend the
relevant code section to incorporate additional regulations consistent with the Federal
Communications Commission (FCC) and to govern satellite dish antennas; and
WHEREAS, on April 15, 1997, Ordinance No. 320 was adopted to amend and
reorganize numerous sections of Title 16 (Subdivision) and Title 17 (Zoning), which
included provisions for commercial, satellite, ham radio, and television antennas; and
WHEREAS, on March 22, 1999, Ordinance No. 345 amended RPVMC §17.76.020
to include provisions for regulating noncommercial amateur radio antennas; and
WHEREAS, on March 11, 2002, Ordinance No. 374U was adopted to amend
RPVMC §17.76.020(C)(3)(c)(ii) to limit the number of building -mounted noncommercial
amateur radio antennas and support structures which can be erected without a permit
from the City; and
WHEREAS, on November 15, 2011, Ordinance No. 529 was adopted to amend
RPVMC §17.76.020(A)(11) to add two new requirements for commercial antenna
applications, including the submittal of photographic simulations and the installation of
mock-ups; and
WHEREAS, on October 20, 2020, Ordinance No. 638 was adopted to amend
RPVMC §17.76.020(C) and (D) to update the development standards for noncommercial
amateur radio antennas; and
P.C. Resolution No. 2024-12
Page 1 of 8
WHEREAS, on October 4, 2022, the City Council authorized the initiation of code
amendment proceedings to consider amending Title 17 (Zoning) and adopted Ordinance
No. 655U, to establish a temporary 45-day moratorium on the entitlement, establishment,
expansion or modification of antennas governed pursuant to RPVMC §17.76.020; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance No.
670U, to extend the moratorium period enacted by Interim Ordinance No. 655U by an
additional 10 months and 15 days, to allow Staff adequate time to research and prepare
code amendment proceedings to amend RPVMC §17.76.020; and
WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 673U,
to extend the moratorium period enacted by Interim Urgency Ordinance No. 655U and
Urgency Ordinance No. 670U by an additional year, to allow Staff adequate time to
research and prepare code amendment proceedings to amend RPVMC §17.76.020; and
WHEREAS, on September 27, 2018, the Federal Communications Commission
("FCC") commenced issuance of a series of new rulemaking decisions/regulations that
significantly limit state and local management of wireless telecommunications
installations. The Telecommunications Act, 47 U.S.0 § 332(c)(7)(B), preserves local
government zoning authority as it relates to location, siting and aesthetics, but limits local
regulations in three key ways: (1) a local ordinance may not unreasonably discriminate
among providers of functionally equivalent services; (2) a local ordinance may not prohibit
or effectively prohibit service; and (3) a local ordinance may not regulate based on
environmental impacts from radio frequency emissions; and
WHEREAS, this code amendment proposes to largely repeal the outdated
regulations in Section 17.76.020 and create a new Chapter 17.77 pertaining to the
regulation of wireless telecommunications facilities on private property. The new Section
6.04.44 is designed to (i) be consistent with the FCC and state rules and regulations, (ii)
harmonize the City's land use development standards for private property installations
with Chapter 11.13 of Title 11 pertaining to right-of-way wireless installations, and (iii)
lawfully maintain the City's exercise of aesthetic control over wireless telecommunications
facilities; and
WHEREAS, the City seeks to reasonably regulate, to the extent permitted under
California and federal law, the installations, operations, collocations, modifications,
replacements and removals of various wireless telecommunications facilities ("WTFs") in
the city recognizing the benefits of wireless communications while reasonably respecting
other important city needs, including the protection of public health, safety, and welfare,
aesthetics and local values; and
WHEREAS, the overarching intent of the code amendment ("Project") is to make
wireless communications reasonably available while protecting scenic views and
preserving the historic rural character and aesthetics of the city. This will be realized by:
P.C. Resolution No. 2024-12
Page 2 of 8
1. Minimizing the visual and physical effects of WTFs through appropriate
design, siting, screening techniques and location standards;
2. Encouraging the installation of visually unobtrusive WTFs at locations
where other such facilities already exist; and,
3. Encouraging the installation of such facilities where and in a manner such
that potential adverse aesthetic impacts to the community are minimized;
and,
WHEREAS, to allow the City to better preserve the established rural character, it
is the intent to limit the duration of WTF permits, in most cases, to terms of ten years, and
to reevaluate existing WTFs at the end of each term for purposes of addressing aesthetic
impacts on the community; and
WHEREAS, to provide better aesthetic and physical protections for the residents
of the City, updated permit types and processing procedures for WTFs are proposed, as
well as new code language for Over -the -Air Reception Devices (OTARDs); and
WHEREAS, the City seeks to adopt reasonable regulations and procedures,
consistent with and subject to federal and California state law, for compliance with Section
6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"),
Pub. L. 112-96, codified in Title 47 of the United States Code section 1455(a), and related
Federal Communications Commission regulations codified in Title 47 of the Code of
Federal Regulations section 1.40001 et seq; and
WHEREAS, the Project was reviewed by the City's Community Development
Department for consistency with the City's General Plan and conformity with the RPVMC,
among other things; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, §15000 et. seq., the City"s Local CEQA
Guidelines, and Government Code §65962.5(f) (Hazardous Waste and Substances
Statement), it has been determined that the proposed code amendment is exempt from
CEQA because (a) this proposed code amendment is not a project within the meaning of
CEQA §15378 because it has no potential for resulting in physical change to the
environment, either directly or indirectly; (b) this proposed code amendment is also
exempt pursuant to CEQA §15061 (b)(3) since the proposed ordinance involves an code
amendment and does not have the potential to significantly impact the environment; and
(c) as the code amendment is an administrative procedure related to uses, facilities, and
regulations identified in the RPVMC and General Plan, and given that the proposed
Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of
affected improvements, will not impact a sensitive environmental resource of hazardous
or critical concern; (ii) will not have a cumulative impact on the environment through
successive projects of the same type, in the same place, over time; (iii) does not have
any unusual circumstances that will have a significant effect on the environment; (iv) does
P.C. Resolution No. 2024-12
Page 3of8
not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not
adversely impact a historical resource.
WHEREAS, on April 4, 2024, a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the Planning Commission on
April 23, 2024 pursuant to the requirements of the RPVMC; and
WHEREAS, on April 23, 2024, the Planning Commission held a duly noticed public
hearing, considered the information provided by City staff, public testimony and other
evidence regarding the Project. This Resolution, and its findings, are based upon the
evidence presented to the Planning Commission at its, hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES AND RESOLVES AS
FOLLOWS:
Section 1: The facts set forth in the recitals of this Resolution are true and
correct and incorporated herein by reference as though set forth in full.
Section 2: The Planning Commission has reviewed and considered
recommending to the City Council that an ordinance be adopted to repeal Section
17.76.020 (Antennas) of Chapter 17.76 (Miscellaneous Permits and Standards) and
replace with Chapter 17.73 (Wireless Telecommunication Facilities on Private Property),
in Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code.
Section 3: The proposed code amendment would provide more precise
requirements related to wireless communications facilities in conformance with current
State and Federal law.
Section 4: The Project is consistent with the goals, policies, and objectives of
the General Plan because the Project is in the public interest and there are, community
benefits resulting from the regulation of wireless communications facilities, including
preserving the community's aesthetic and rural character and providing wireless service
to residents. Specifically, the Project is consistent with the following Goals and Policies
of the City's General Plan:
1. Circulation Element Goal No. 1.1: "Ensure adequate public utilities and
communication services to all residents, while considering environmental,
aesthetic, and view impacts." Circulation Element, pg. C-5
2. "One of the founding principles of the City of Rancho Palos Verdes is to
maintain its rural character, a large component of which is its expanse of
open land." Conservation and Open Space Element, pg. COS-36.
3. Land Use Element Goal No. 1.10: "Preserve the rural and open character
of the City through zoning, cooperation with other jurisdictions, and
acquisition of open space land." Land Use Element, pg. L-7.
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Page 4 of 8
4. "With urban design, the City is concerned with ensuring that the
development of each parcel or additions to existing structures occurs in a
manner that is harmonious with the land and also maintains an architectural
aesthetic and character representative of the neighborhood and the City."
Visual Resources Element, pg. V-4.
5. "Neighborhood compatibility is an urban design concept that attempts to
balance new residential development with the preservation of the rural and
semi -rural character of the City." Visual Resources Element, pg. V-13.
6. Circulation Element Policy No. 52: "Balance the need to accommodate
wireless communications coverage in the community with the need to
protect and maintain the quality of the environment for residents. All new
proposals to construct wireless communication facilities shall be reviewed
using guidelines adopted and kept current by the Planning Commission
and, where applicable, considering covenants, conditions, and restrictions.
These guidelines shall balance public and private costs and benefits to the
greatest reasonable extent, and encourage colocation of facilities and the
use of evolving wireless communication technologies to minimize impacts."
Circulation Element, pg. C-8.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends to the City Council
that an Ordinance be adopted, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING SECTION
17.76.020 (ANTENNAS) OF CHAPTER 17 76 (MISCELLANEOUS PERMITS AND
STANDARDS) AND REPLACE WITH CHAPTER 17.73 (WIRELESS
TELECOMMUNICATION FACILITIES ON PRIVATE PROPERTY) IN TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE (PLCA2022-0008). 11
P.C. Resolution No. 2024-12
Page 5 of 8
PASSED, APPROVED AND ADOPTED on this 23rd day of April 2024, by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM,
SAADATNEJADI, VICE CHAIR SANTAROSA & CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
41
Br6Tbes", A P
4*"--
Director of Community Development
op
David Chura
Chair
P.C. Resolution No. 2024-12
Page 6 of 8
EXHIBIT "A"
Please see attached.
P.C. Resolution No. 2024-12
Page 7 of 8
EXHIBIT "B"
Please see attached.
P.C. Resolution No. 2024-12
Page 8of8
� � A Tw.tLI
(Currently Section 17.76.020 "Commercial Antennas")
Proposed New Chapter 17.85
(NOTE: Prior to City Council review, this Chapter number will be updated to 17.73,
and all sub -sections will be modified accordingly.)
WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY
17.85.010 Purpose.
17.85.020 Definitions.
17.85.030 Standards generally applicable to all wireless telecommunications facilities.
17.85.040 Application content.
17.85.050 Independent consultant review.
17.85.060 Collocation and modification standards.
17.85.070 Exemptions to prevent an effective prohibition.
17.85.080 Compliance report.
17.85.090 Maintenance.
17.85.100 Amortization of nonconforming facilities.
17.85.110 Permit extensions.
17.85.120 Temporary wireless facilities.
17.85.130 Revocation.
17.85.140 Decommissioned or abandoned wireless telecommunications facilities.
17.85.150 Wireless telecommunications facilities removal or relocation.
17.85.160 Fee or tax.
17.85.170 Compliance obligations.
17.85.180 Conflicts with prior ordinances.
01203.0015/893904.7
17.85.190 Duty to retain records.
17.85.200 Severability.
17.85.210 Wireless telecommunications facilities on private property.
17.85.220 Section 6409, eligible wireless telecommunications facilities.
17.85.010 - Purpose.
A) The purpose of this chapter is to reasonably regulate, to the extent permitted
under California and federal law, the installations, operations, collocations,
modifications, replacements and removals of various wireless
telecommunications facilities ("WTFs") on private property in the city recognizing
the benefits of wireless telecommunications while reasonably respecting other
important city needs, including the protection of public health, safety, and
welfare, aesthetics and local values.
B) The overarching intent of this chapter is to make wireless telecommunications
reasonably available while protecting scenic views and preserving the semi -rural
character and aesthetics of the city. This will be realized by:
1) Minimizing the visual and physical effects of WTFs through appropriate
design, siting, screening techniques and location standards;
2) Encouraging the installation of visually unobtrusive WTFs at locations
where other such facilities already exist; and
3) Encouraging the installation of such facilities where and in a manner such
that potential adverse aesthetic impacts to the community are minimized.
C) To allow the city to better preserve its semi -rural and unique character, it is the
intent to limit the duration of WTF permits, in most cases, to terms of ten years,
and to reevaluate existing WTFs at the end of each term for purposes of further
minimizing aesthetic impacts on the community.
D) It is not the purpose or intent of this chapter to:
1) Prohibit or to have the effect of prohibiting wireless telecommunications
services; or
2) Unreasonably discriminate among providers of functionally equivalent
wireless telecommunications services; or
3) Regulate the placement, construction or modification of WTFs on the
basis of the environmental effects of radio frequency ("RF") emissions
01203.0015/893904.7
where it is demonstrated that the WTF does or will comply with the
applicable FCC regulations; or
4) Prohibit or effectively prohibit collocations or modifications that the city
must approve under state or federal law.
E) The provisions in this chapter shall apply to all permit applications to install,
operate or change, including, without limitation, to collocate, modify, replace or
remove, any new or existing wireless tower or base station within the city.
F) Nothing in this chapter is intended to allow the city to preempt any state or
federal law or regulation applicable to a WTF.
G) The provisions of this chapter are in addition to, and do not replace, any
obligations a WTF permit holder may have under any franchises, licenses, or
other permits issued by the city.
17.85.020 - Definitions.
For the purpose of this chapter, the words and phrases in this chapter shall be defined
as defined at section 12.18.020 (Wireless Telecommunication Facilities in the Public
Right -of -Way). In addition, the following definitions shall apply to this Chapter:
"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.
"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 height" means the distance from the grade of the property at the base of the
antenna or, in the case of a roof -mounted antenna, from the grade at the exterior base
of the building to the highest point of the antenna and it associated support structure
when fully extended.
"City -owned structure" without limitation means any pole, building, facility, transportation
or traffic sign or other structure owned by the city.
"CPUC" means the California Public Utilities Commission or its successor agency.
"Director" means the Community Development Director or their designee.
01203.0015/893904.7
"Eligible facility permit" or "EFP" means a permit for an eligible facilities request that
meets the criteria found in section 17.85.220.
"Mock-up" means a temporary, full-sized, structural model built to scale chiefly for study,
testing, or displaying a wireless telecommunications facility. It is nonfunctional and has
no power source.
"Nonresidential zone" means any zoning district other than the IRS, single-family
residential zone, or RM, multifamily residential zone.
"OTARD antenna" means antennas covered by the "over -the -air reception devices" rule
in 47 C.F.R. Section 1.4000 et seq., as may be amended.
"Private property" means any property owned by a private individual or entity, including
government owned property such as any property owned in fee by the city or dedicated
for public use.
"Screening" means the effect of locating an antenna behind a building, wall, facade,
fence, landscaping, berm, and/or other specially designed device so that view of the
antenna from adjoining and nearby public street rights -of -way and private properties is
eliminated or minimized.
"Site" means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as
may be amended, which provides that "[f]or towers other than towers in the public
rights -of -way, the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site, and, for other
eligible support structures, further restricted to that area in proximity to the structure and
to other transmission equipment already deployed on the ground."
"Unconcealed" means a wireless telecommunications facility that is not a concealed
facility and has no or effectively no camouflage techniques applied such that the
wireless accessory equipment is plainly obvious to the observer.
"Wireless facilities provider" means an entity utilized by a wireless service provider to
construct and/or operate the wireless service provider's wireless facility.
"Wireless facility permit, administrative" or "AWFP" means any new facility or collocation
or modification to an existing facility that is concealed in a nonresidential zone and
integrated into the facade and design of an existing structure or building. If on an
existing utility pole in a nonresidential zone, the facility must be integrated into the pole,
well designed, and does not substantially change the appearance of the pole as
determined by the director.
"Wireless facility permit, conditional" or "CWFP" means any new facility, collocation, or
modification to an existing facility on private property that is unconcealed, located in a
01203.0015/893904.7
less preferred location, unconcealed in a preferred location, or does not meet the
criteria for either an administrative wireless facility permit or an eligible facility permit.
"Wireless service provider" means the FCC licensed or authorized entity actually
offering wireless services to the public.
17.85.030 - Standards generally applicable to all wireless telecommunications
facilities.
A) Height Restrictions.
1) No tower or antenna of any wireless telecommunications facility shall
exceed the zone height limit of the zone upon which the wireless
telecommunications facility is located, unless otherwise approved
pursuant to section 17.85.070.
2) The height limitations in subsection (A)(1) of this section are subject to
preemption pursuant to 47 U.S.C. Section 14000.
B) Installation of WTFs. Prior to the installation of a new wireless
telecommunications facility or a modification or collocation to an existing wireless
telecommunications facility that does not constitute an "eligible facilities request"
nor qualify for an eligible facility permit, the owner, or occupant with written
permission from the owner of the lot, premises, parcel of land or building on
which a wireless telecommunications facility is to be located shall first obtain a
conditional wireless facility permit or administrative wireless facility permit from
the city pursuant to this chapter.
C) Installation of Eligible Facilities. Unless specifically exempt by federal or state
law, all applications for the installation of wireless telecommunications facilities
that constitute "eligible facilities requests" require the approval of an eligible
facility permit as described in section 17.85.220 prior to construction of such
eligible facility.
D) Exempted Facilities. This chapter does not apply to the following:
1) Amateur radio facilities;
2) Over -the -air reception devices (OTARD) antennas;
3) Facilities owned and operated by the city for its use; or
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
01203.0015/893904.7
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;
E) Required Permits. All proposed facilities and collocations or modifications to
facilities governed under this chapter shall be subject to either a conditional
wireless facility permit or an administrative wireless facility permit from the city,
unless exempted from this chapter as an eligible facility permit under section
17.85.220.
1) Conditional Wireless Facility Permit.
a) A conditional wireless facility permit is required for any new
facility or collocation or modification to an existing facility
located on private property as follows:
(i) All facilities in less preferred locations, as defined in
section 17.85.210(C)(1)(b);
(ii) All unconcealed facilities in preferred locations, as
defined in section 17.85.210(C)(1)(a); and
(iii) All other facilities that do not meet the criteria for
either an administrative wireless facility permit
described herein or an eligible facility permit
described in section 17.85.220.
b) Approval of a conditional wireless facility permit for a
wireless telecommunications facility shall be subject to the
following:
(i) All standards and regulations contained in section
17.85.210, and any amendments or modifications to
the facility as approved by resolution of the planning
commission at a noticed public hearing;
(ii) No wireless communications facility proposed within
two hundred feet from any dwelling lawfully used or
approved for a residential use may not be approved
unless the proposed facility meets all of the following
criteria:
01203.0015/893904.7
(A) All nonantenna accessory equipment
associated with the proposed wireless
communications facility is placed underground,
unless otherwise approved by the planning
commission;
(B) The proposed wireless communications facility
is located a minimum of two hundred feet from
any other wireless communications facility,
unless otherwise approved pursuant to section
17.85.220.
c) A wireless telecommunications facility application must
include all of the contents described in section 17.85.040.
d) All decisions for a wireless telecommunications facility must
be in writing and contain the reasons for approval or denial.
e) All approved or deemed -approved wireless
telecommunications facilities shall be subject to all the
conditions imposed by the planning commission.
f) Noticing requirements and appeal provisions shall follow the
procedures described in chapter 17.80 (Hearing Notice and
Appeal Procedures).
2) Administrative Wireless Facility Permit.
a) An administrative wireless facility permit is required for any
new facility or collocation or modification to an existing
facility as follows:
(i) All concealed facilities in a nonresidential zone that
are integrated into the facade and design of an
existing building;
(ii) All concealed facilities on an existing structure, other
than a utility pole, in a nonresidential zone;
(iii) Wireless telecommunication accessory equipment
that is incidental to and part of the provision of a
public utility, including electrical power, gas, and
sewerage, in accordance with a franchise agreement
with the city.
b) Approval of an administrative wireless facility permit shall be
subject to the following:
01203.0015/893904.7
(i) All standards and regulations described in sections
17.85.040 and 17.85.210, and any amendments or
modifications to the facility as approved by the
director.
(ii) No concealed wireless telecommunications facility
proposed within two hundred feet from any dwelling
used or approved for a residential use may be
permitted unless the proposed facility meets all of the
following criteria:
(A) All nonantenna accessory equipment
associated with the proposed wireless
telecommunications facility is placed
underground or concealed into the facade or
design of a building;
(B) No individual antenna on the proposed
wireless telecommunications facility exceeds
three cubic feet in volume;
(C) The cumulative antenna volume on any single
pole does not exceed nine cubic feet; and
(D) For facilities not concealed within a building,
the proposed wireless telecommunications
facility must be located a minimum of two
hundred feet from any other wireless
telecommunications facility located along the
same side of a street, unless the existing
facility is concealed into the facade or design of
a building, and a minimum of two hundred feet
from any street intersection.
c) All approved or deemed -approved wireless
telecommunications facilities shall be subject to all the
conditions imposed by the director.
d) All decisions for an administrative wireless facility permit
must be in writing and contain the reasons for approval or
denial.. Notice of such decision shall be given to the
applicant and to all owners of property adjacent to the
subject property. Notice of denial shall be given to only the
applicant.
e) Any interested person may appeal the director's decision to
the planning commission and the planning commission
01203.0015/893904.7
decision to the city council pursuant to chapter
17.80 (Hearing Notice and Appeal Procedures) of this title.
17.85.040 - Application content.
A) The director shall develop and publish and from time to time modify and
republish an application or applications to be used to apply for permits or
extensions thereof.
B) At a minimum, the director shall include in every application the following
information:
1) Legal Description. A legal description of the property where the wireless
telecommunications facility is to be installed.
2) Radius Map and Certified List. A radius map and a certified list of the
names and addresses of all property owners within five hundred feet of
the exterior boundaries of the property involved, as shown on the latest
assessment roll of the county assessor. The radius map and certified list
may be reduced for AWFP and EFP applications at the discretion of the
director.
3) Plot Plan. A plot plan of the lot, premises or parcel of land showing the
exact location of the proposed wireless telecommunications facility
(including all related accessory equipment and cables), exact location and
dimensions of all buildings, parking lots, walkways, trash enclosures, and
property lines.
4) Elevations and Roof Plan. Building elevations and roof plan (for building -
and/or rooftop -mounted facilities) indicating exact location and dimensions
of accessory equipment proposed. For freestanding facilities, indicate
surrounding grades, structures, and landscaping from all sides.
5) Screening. Proposed landscaping and/or nonvegetative screening
(including required safety fencing) plan for all aspects of the facility.
6) Manufacturer's Specification. Manufacturer's specifications, including
installation specifications, exact location of cables, wiring, materials, color,
and any support devices that may be required.
7) Visual Impact Letter. Written documentation demonstrating a good faith
effort to locate the proposed facility in the least intrusive location and
concealed and screened to the greatest extent feasible in accordance with
the site selection and visual impact criteria of section 17.85.210 and if
applicable, the extent to which the proposed antenna assembly
significantly impairs a view, as defined in section 17.02.040 (View
Preservation and Restoration) of the development code;
01203.0015/893904.7
8) Reasonable Efforts to Collocate Required. Applicants proposing new
wireless telecommunications facilities must demonstrate that reasonable
efforts have been made to locate on existing facilities. The applicant must
provide written documentation of all efforts to collocate the proposed
facility on an existing facility, or antenna mounting structure, including
copies of letters or other correspondence sent to other carriers or tower
owners requesting such location and any responses received. This should
include all relevant information as applicable regarding existing towers or
base stations in the area, topography, signal interference, signal
propagation and available land zoning restrictions.
9) Photographs and Photo Simulations. Photographs and photo simulations
that show the proposed facility in context of the site from reasonable line -
of -sight locations from public streets or other adjacent viewpoints, together
with a map that shows the photo location of each view angle.
10) Master Plan. If required by the City, a master plan which identifies the
location of the proposed facility in relation to all existing and potential
facilities maintained by the wireless service provider intended to serve the
city. The master plan shall reflect all potential locations that are
reasonably anticipated for construction within two years of submittal of the
application. Applicants may not file, and the city shall not accept,
applications that are not consistent with the master plan for a period of two
years from approval of a conditional wireless facility permit or
administrative wireless facility permit unless: (a) the applicant
demonstrates materially changed conditions which could not have been
reasonably anticipated to justify the need for a wireless
telecommunications facility site not shown on a master plan submitted to
the city within the prior two years, or (b) the applicant establishes before
the planning commission that a new wireless telecommunications facility is
necessary to close a significant gap in the applicant's service area, and
the proposed new installation is the least intrusive means to do so.
11) Alternative Analysis. If required by the City, a siting analysis which
identifies a minimum of five other feasible locations within or outside the
city which could serve the area intended to be served by the facility,
unless the applicant provides compelling technical reasons for providing
fewer than the minimum. The alternative site analysis should include at
least one collocation site, if feasible.
12) Noise Study. If requested by the City, a noise study prepared and certified
by an acoustical engineer licensed by the state of California for the
proposed facility and all associated accessory equipment including all
environmental control units, sump pumps, temporary backup power
generators, and permanent backup power generators demonstrating
compliance with the city's noise regulations. The noise study must also
include an analysis of the manufacturers' specifications for all noise-
01203.0015/893904.7
emitting accessory equipment and a depiction of the proposed accessory
equipment relative to all adjacent property lines. In lieu of a noise study,
the applicant may submit evidence from the accessory equipment
manufacturer that the ambient noise emitted from all the proposed
accessory equipment will not, both individually and cumulatively, exceed a
one dBA increase over ambient noise levels as measured from the
property line of any residential property. Within residential zones and
properties adjacent to residential zones, soundproofing measures shall be
used to reduce noise caused by the operation of a wireless
telecommunications facility and all accessory equipment to a level which
would have a no -net increase in ambient noise level as measured from the
property line of any residential property.
13) Certificate of Public Convenience and Necessity. Certification that
applicant is a telephone corporation or a statement providing the basis for
its claimed right to install WTFs in the city. If the applicant has a certificate
of public convenience and necessity (CPCN) issued by the California
Public Utilities Commission, it shall provide a true and complete copy of its
CPCN.
14) Mock -Up. A mock-up including all proposed antenna structures, antennas,
cables, hardware and related accessory equipment shall be constructed at
least fifteen consecutive calendar days, 24 hours per day prior to a public
hearing, in order for the planning commission or the director to assess
aesthetic impacts to surrounding land uses and public rights -of -way. Said
mock-up shall remain in place until completion of any appeal process, and
shall be removed within 7 calendar days of any final decision. This
requirement may be waived by the director.
1) Installation of a mock-up can occur prior to submittal of a formal
application; provided, that the director has reviewed the plans for
the mock-up and approved or conditionally -approved a Site Plan
Review permit. Prior to installation of a mock-up, the applicant shall
provide notice to all residents and homeowners within five hundred
feet of the proposed mock-up at least forty-eight hours in advance.
Said notice shall be provided to the director for review and approval
prior to issuance of the notice.
2) Mock-ups shall be required for all proposed wireless
communication facilities, except for collocations that do not
represent a major modification to visual impact as defined in
17.85.210. For proposed rooftop or ground -mounted antennas, a
temporary mast approximating the dimensions of the proposed
facility shall be raised at the proposed antenna/mast location. For
proposed new telecommunications towers the applicant will be
required to raise a temporary mast at the maximum height and at
the location of the proposed tower. At minimum, the onsite
01203.0015/893904.7
demonstration structure shall be in place prior to the first public
hearing to consider project approval, on at least two weekend days
and two weekdays between the hours of eight a.m. to six p.m., for a
minimum of ten (10) hours each day. A project description,
including photo simulations of the proposed facility, shall be posted
at the proposed project site, in a location upon where members of
the public may view said description and photos, for the duration of
the mock-up display. The director may release an applicant from
the requirement to conduct on -site visual mock-ups upon a written
finding that in the specific case involved, said mock-ups are not
necessary to process or make a decision on the application and
would not serve as effective public notice of the proposed facility.
15) RF Exposure Compliance Report. An RF exposure compliance report
prepared and certified by a licensed RF engineer that certifies that the
proposed facility, as well as any collocated facilities, will comply with
applicable federal RF exposure standards and exposure limits. The RF
report must include the actual frequency and power levels (in watts
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. Each such boundary shall be clearly
marked and identified for every transmitting antenna at the project site.
16) Written Authorization from Property Owner Required. Every applicant
applying for authorization to construct, modify, or remove a wireless
telecommunications facility located on private property must include with
its application a written authorization signed by the owner of the property.
17) Other Information. Any other information as deemed necessary by the city
in order to consider an application for a wireless telecommunications
facility.
18) Fees. The application shall be accompanied by the appropriate fee in an
amount as established by resolution of the city council.
19) Community Meeting. In addition to any other action otherwise required by
law pertaining to the processing of a conditional wireless facility permit
application, the applicant for which such review is being sought shall take
all of the following actions if required by the City:
a) Send written notice to both the owner(s) of real property, as
shown on the latest equalized assessment roll, within five
hundred feet of the proposed wireless telecommunications
facility, and the city planning department, of the pendency of
the filing of such an application, including with such notice
copies of preliminary drawings of the proposed project at a
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scale no smaller than one inch equals sixteen feet. No
application for neighborhood review will be accepted as
complete unless it contains evidence acceptable to the
director that such notice has been sent.
b) Hold a community meeting at least four weeks before the
date of the planning commission meeting at which the
application will be heard, and invite the persons entitled to
notice pursuant to subsection (B)(19)(a) of this section to
attend such meeting to discuss the proposed application.
The community meeting shall be held on a nonholiday
weekend or during daylight hours and before nine a.m. or
after five p.m. on a weekday. The meeting shall be held at
the subject site; provided, however, that if the occupancy of
the subject site by a tenant or physical conditions at the
subject site make it unsafe or infeasible to provide a table
and chairs at the subject site, the meeting may be held at
another location within the city. The mock-up of the
proposed project shall be erected at the subject site before
the meeting. The primary location and all alternative sites
shall be presented to the community as well as the reasons
for the selection of the primary location. Notice of the date,
time and place of such meeting shall be sent at least seven
days before the meeting and shall be filed with the planning
department.
c) If the hearing on the application is continued by the planning
commission, the applicant is encouraged, but not required,
to hold a further meeting with the persons entitled to notice
pursuant to (a) of this subsection at least one week prior to
the continued hearing.
d) If a meeting pursuant to subsection (B)(19)(b) of this section
results in any modifications to the project prior to the
planning commission hearing on the project, the applicant
shall (1) notify the director of the proposed modifications,
and (2) explain to the planning commission at the hearing on
the matter any discrepancy between the project as proposed
in the notice sent pursuant to subsection (B)(19)(a) of this
section and the project as presented to the planning
commission.
e) A community meeting may be required at the discretion of
the director for an application for an administrative wireless
facility permit or an eligible facility permit.
01203.0015/893904.7
C) Appeals. No decision on any wireless telecommunications facility application
shall be considered final until and unless all appeals have been taken or are
time -barred.
D) Effect of State or Federal Law Change. In the event a subsequent state or
federal law prohibits the collection of any information described herein, the
director is authorized to omit, modify or add to that request from the city's
application form.
17.85.050 - Independent consultant review.
A) Authorization. The city council authorizes the director to, in his or her discretion,
select and retain an independent consultant with expertise in telecommunications
satisfactory to the director in connection with any permit application.
B) Scope. The director may require the independent consultant to review and
comment on any issue that involves specialized or expert knowledge in
connection with the application. Such issues may include, but are not limited to:
1) Permit application completeness or accuracy;
2) Planned compliance with applicable federal RF exposure standards;
3) Whether and where a significant gap exists or may exist, and whether
such a gap relates to service coverage or service capacity;
4) Whether technically feasible and potentially available alternative locations
and designs exist;
5) The applicability, reliability and sufficiency of analyses or methodologies
used by the applicant to reach conclusions about any issue within this
scope; and
6) Any other application issue or element that requires expert or specialized
knowledge.
C) Deposit. The applicant must pay for the cost of any review required under
subsection (B) of this section and for the technical consultant's testimony in any
hearing as requested by the director and must provide a reasonable advance
deposit of the estimated cost of such review with the city prior to the
commencement of any work by the technical consultant. The applicant must
provide an additional advance deposit to cover the consultant's testimony and
expenses at any meeting where that testimony is requested by the director.
Where the advance deposit(s) are insufficient to pay for the cost of such review
and/or testimony, the director shall invoice the applicant who shall pay the
invoice in full within ten calendar days after receipt of the invoice. No permit shall
issue to an applicant where that applicant has not timely paid a required fee,
provided any required deposit or paid any invoice as required in the code.
01203.0015/893904.7
17.85.060 - Collocation and modification standards.
The following additional development and design criteria apply to collocation and
modifications to existing wireless telecommunications facilities. The modification or
collocation of wireless facilities, not subject to the provisions of section 17.85.220, shall
be denied if any of the following will occur:
A) The proposed collocation or modification involves excavation outside the current
boundaries of the leased or owned property surrounding the wireless tower,
including any access or utility easements currently related to the site;
B) The proposed collocation or modification would defeat or diminish the existing
concealment elements of the support structure as determined by the director;
C) The proposed collocation or modification violates any section of the RPVMC, or
any prior condition of approval for the site;
D) If the site is not presently concealed, the proposed collocation or modification
does not provide for camouflage.
17.85.070 - Exemptions to prevent an effective prohibition.
All requests granted under this chapter are subject to review and consideration by the
planning commission. The applicant always bears the burden to demonstrate why an
exemption should be granted. An applicant seeking an exemption under this section on
the basis that a permit denial would actually or effectively prohibit the provision of the
telecommunications service to be provided by the wireless telecommunications facility
must demonstrate by clear and convincing evidence that all alternative designs and
locations are either technically infeasible or not available.
17.85.080 - Compliance report.
A) Within thirty days after installation or modification of a WTF, the applicant shall
deliver to the director a written report that demonstrates that its WTF as
constructed and normally operating fully complies with the conditions of the
permit, including height restrictions, and applicable safety codes, including
structural engineering codes. The demonstration shall be provided in writing to
the director containing all technical details to demonstrate such compliance, and
certified as true and accurate by qualified professional engineers, or, in the case
of height or size restrictions, by qualified surveyors. This report shall be prepared
by the applicant and reviewed by the city at the sole expense of the applicant,
which shall promptly reimburse the city for its review expenses. The director may
require additional proofs of compliance as part of the application process and on
an ongoing basis to the extent the city may do so consistent with federal law.
B) If the initial report required by this section shows that the WTF does not so
comply, the permit shall be deemed suspended, and all rights thereunder of no
01203.0015/893904.7
force and effect, until the applicant demonstrates to the city's satisfaction that the
WTF is compliant. Applicant shall promptly reimburse the city for its compliance
review expenses.
C) If the initial report required by this section is not submitted within the time
required, the city may, but is not required to, undertake such investigations as
are necessary to prepare the report described in subsection A of this section.
Applicant shall within five days after receiving written notice from the city that the
city is undertaking the review, deposit such additional funds with the city to cover
the estimated cost of the city obtaining the report. Once said report is obtained by
the city, the city shall then timely refund any unexpended portion of the
applicant's deposit. The report shall be provided to the applicant. If the report
shows that the applicant is noncompliant, the city may suspend the permit until
the applicant demonstrates to the city's satisfaction that the WTF is compliant.
During the suspension period, the applicant shall be allowed to activate the WTF
for short periods, not to exceed one hundred twenty minutes during any twenty-
four -hour period, for the purpose of testing and adjusting the site to come into
compliance.
D) If the WTF is not brought into compliance promptly, the city may revoke the
permit and require removal of the WTF.
17.85.090 - Maintenance.
The site and the facility, including but not limited to all landscaping, fencing and related
transmission accessory equipment, must be maintained in a neat and clean manner and
in accordance with all approved plans and conditions of approval.
17.85.100 -Amortization of nonconforming facilities.
A) Any nonconforming facilities in existence at the time this chapter becomes
effective must be brought into conformance with this chapter in accordance with
the amortization schedule in this section. As used in this section, the "fair market
value" will be the construction costs listed on the building permit application for
the subject facility and the "minimum years" allowed will be measured from the
date on which this chapter becomes effective.
Fair Market Value on Effective Date Minimum Years Allowed
Less than $50,000 5
$50,000 to $500,000 10
Greater than $500,000 15
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B) The director may grant a written extension to a date certain not greater than one
year when the facility owner shows (1) a good faith effort to cure
nonconformance, and (2) extreme economic hardship would result from strict
compliance with the amortization schedule. Any extension must be the minimum
time period necessary to avoid such extreme economic hardship. The director
must not grant any permanent exemption from this section.
C) Nothing in this section is intended to limit any permit term to less than ten years.
In the event that the amortization required in this section would reduce the permit
term to less than ten years for any permit granted on or after December 1, 2023,
then the minimum years allowed will be automatically extended by the difference
between ten years and the number of years since the city granted such permit.
Nothing in this section is intended or may be applied to prohibit any collocation or
modification covered under Section 6409 pursuant to section 17.85.220 on the
basis that the subject wireless telecommunications facility is a legal
nonconforming facility.
17.85.110 - Permit extensions.
An existing wireless telecommunications permit that is subject to term expiration may be
extended for an additional ten-year term upon the following conditions:
A) Every application for an extension shall be:
1) Made on the extension application form provided by the city; and
2) Accompanied by a fee in an amount as established by resolution of the
city council.
B) The extension application shall be developed and revised from time to time at the
director's discretion. The extension application shall at a minimum require the
following:
1) The identification of the wireless site requested to be extended; and
2) A true and complete copy of all city -issued permits for the site including
any collocations at the site.
C) The extension application shall be approved by the director only upon the
following mandatory showings:
1) That the site as it exists at the time the extension application is tendered is
in all respect compliant with all applicable city permits for the site,
including collocations; and
2) If the site as it exists at the time the extension application is tendered
would be approvable consistent with the city's code in existence at that
time.
01203.0015/893904.7
17.85.120 - Temporary wireless facilities.
A) Temporary wireless facilities, also known as a cell -on -wheels ("COW') or site -on -
wheels ("SOW'), cell -on -light -trucks ("COLT") or other similarly portable wireless
telecommunications facilities not permanently affixed to the land, may be placed
and operated within the city with a special use permit approved by the City.
B) By placing a temporary wireless facility pursuant to this section the entity or
person placing the temporary wireless facility agrees to and shall defend,
indemnify and hold harmless the city, its agents, officers, officials, employees
and volunteers from any and all damages, liabilities, injuries, losses, costs and
expenses and from any and all claims, demands, lawsuits, writs and other
actions or proceedings ("claims") brought against the city or its agents, officers,
officials, employees or volunteers for any and all claims of any nature related to
the installation, use, nonuse, occupancy, removal, and disposal of the temporary
wireless facility.
C) The temporary wireless facility shall prominently display upon it a legible notice
identifying the entity responsible for the placement and operation of the
temporary wireless facility.
D) Any temporary wireless facilities placed pursuant to this section must be
removed prior to or at the director expiration of the special use permit. In
addition, the temporary wireless facilities must be removed or relocated within
one hour if required for public safety reasons by city police or fire officials. In the
event that the temporary wireless facility is not removed or relocated as required
in this section, the city may at its sole election remove and store or remove and
dispose of the temporary wireless facility at the sole cost and risk of the person
or entity placing the temporary wireless facility.
E) Any person or entity that places temporary wireless facilities pursuant to this
section must send the director or city manager an email notice or deliver a written
notice by hand within thirty minutes of the placement followed by a written notice
dispatched within twelve hours to the director or city manager via prepaid U.S.
mail first overnight delivery, such as U.S. Postal Express Mail or its equivalent,
that identifies the site location of the temporary wireless facility and person
responsible for its operation.
17.85.130 - Revocation.
A) Grounds for Revocation. A permit granted under this chapter may be revoked for
noncompliance with any enforceable permit, permit condition or law provision
applicable to the facility.
B) Revocation Procedures.
01203.0015/893904.7
1) When the director finds reason to believe that grounds for permit
revocation exist, the director shall send written notice by certified U.S.
mail, return receipt requested, to the permittee at the permittee's last
known address that states the nature of the noncompliance as grounds for
permit revocation. The permittee shall have a reasonable time from the
date of the notice, but no more than thirty days unless authorized by the
director, to cure the noncompliance or show that no noncompliance ever
occurred.
2) If after notice and opportunity to show that no noncompliance ever
occurred or to cure the noncompliance, the permittee fails to cure the
noncompliance, the city council shall conduct a noticed public hearing to
determine whether to revoke the permit for the uncured noncompliance.
The permittee shall be afforded an opportunity to be heard and may speak
and submit written materials to the city council. After the noticed public
hearing, the city council may revoke or suspend the permit when it finds
that the permittee had notice of the noncompliance and an enforceable
permit, permit condition or law applicable to the facility. Written notice of
the city council's determination and the reasons therefor shall be
dispatched by certified U.S. mail, return receipt requested, to the
permittee's last known address. Upon revocation, the city council may
take any legally permissible action or combination of actions necessary to
protect public health, safety and welfare.
17.85.140 - Decommissioned or abandoned wireless telecommunications
facilities.
A) Decommissioned Wireless Facilities. Any permittee that intends to decommission
a wireless telecommunications facility must send thirty days' prior written notice
by United States certified mail to the director. The permit will automatically expire
thirty days after the director receives such notice of intent to decommission,
unless the permittee rescinds its notice within the thirty -day period.
B) Procedures for Abandoned Facilities or Facilities Not Kept in Operation.
1) To promote the public health, safety and welfare, the director may declare
a facility abandoned when:
a) The permittee notifies the director that it abandoned the use
of a facility for a continuous period of ninety days; or
b) The permittee fails to respond within thirty days to a written
notice sent by certified U.S. mail, return receipt requested,
from the director that states the basis for the director's belief
that the facility has been abandoned for a continuous period
of ninety days; or
01203.0015/893904.7
c) The permit expires and the permittee has failed to file a
timely application for renewal.
2) After the director declares a facility abandoned, the permittee shall have
ninety days from the date of the declaration (or longer time as the director
may approve in writing as reasonably necessary) to:
a) Reactivate the use of the abandoned facility subject to the
provisions of this chapter and all conditions of approval;
b) Transfer its rights to use the facility, subject to the provisions
of this chapter and all conditions of approval, to another
person or entity that immediately commences use of the
abandoned facility; or
c) Remove the facility and all improvements installed solely in
connection with the facility, and restore the site to a condition
compliant with all applicable codes consistent with the then -
existing surrounding area.
3) If the permittee fails to act as required in subsection (B)(2) of this section
within the prescribed time period, the city council may deem the facility
abandoned and revoke the underlying permit(s) at a noticed public
meeting in the same manner as provided in subsection (13)(2) of this
section. Further, the city council may take any legally permissible action or
combination of actions reasonably necessary to protect the public health,
safety and welfare from the abandoned wireless telecommunications
facility.
17.85.150 - Wireless telecommunications facilities removal or relocation.
A) Removal by Permittee. The permittee or property owner must completely remove
the wireless telecommunications facility and all related improvements, without
cost or expense to the city, within ninety days after:
1) The permit expires; or
2) The city council properly revokes a permit pursuant to section
17.85.130(B); or
3) The permittee decommissions the wireless telecommunications facility; or
4) The city council deems the wireless telecommunications facility
abandoned pursuant to section 17.85.140(B); or
5) Within the ninety -day period, the permittee or property owner must restore
the former wireless telecommunications facility site area to a condition
01203.0015/893904.7
compliant with all applicable codes and consistent with and/or compatible
with the surrounding area.
B) Removal by City. The city may, but is not obligated to, remove an abandoned
wireless telecommunications facility, restore the site to a condition compliant with
all applicable codes and consistent with and/compatible with the surrounding
area, and repair any and all damages that occurred in connection with such
removal and restoration work. The city may, but shall not be obligated to, store
the removed wireless telecommunications facility or any part thereof, and may
use, sell or otherwise dispose of it in any manner the city deems appropriate in
its sole discretion. The last -known permittee or its successor -in -interest and the
real property owner shall be jointly liable for all costs incurred by the city in
connection with its removal, restoration, repair and storage, and shall promptly
reimburse the city upon receipt of a written demand, including any interest on the
balance owing at the maximum lawful rate. The city may, but shall not be
obligated to, use any financial security required in connection with the granting of
the facility permit to recover its costs and interest. A lien may be placed on all
abandoned personal property and the real property on which the abandoned
wireless telecommunications facility is located for all costs incurred in connection
with any removal, repair, restoration and storage performed by the city. The city
clerk shall cause such a lien to be recorded with the county of Los Angeles clerk -
recorder's office.
17.85.160 - Reserved
17.85.170 - Compliance obligations.
An applicant or permittee will not be relieved of its obligation to comply with every
applicable provision in the code, this chapter, any permit, any permit condition or any
applicable law or regulation by reason of any failure by the city to timely notice, prompt
or enforce compliance by the applicant or permittee.
17.85.180 - Conflicts with prior ordinances.
If the provisions in this chapter conflict in whole or in part with any other city regulation
or ordinance adopted prior to the effective date of this chapter, the provisions in this
chapter will control.
17.85.190 - Duty to retain records.
The permittee must maintain complete and accurate copies of all permits and other
regulatory approvals (collectively, the "records") issued in connection with the wireless
facility, which includes without limitation this approval, the approved plans and photo
simulations incorporated into this approval, all conditions associated with this approval
and any ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this condition or
fails to produce true and complete copies of such records within a reasonable time after
01203.0015/893904.7
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.
17.85.200 - Severability.
In the event that a court of competent jurisdiction holds any section, subsection,
paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this section and shall not
affect the validity of the remaining portions of this section. The city hereby declares that
it would have adopted each section, subsection, paragraph, sentence, clause or phrase
in this section irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses or phrases in this section might be declared
unconstitutional, preempted or otherwise invalid.
17.85.210 -Wireless telecommunications facilities on private property.
A) Purpose. The following procedures and design standards shall be required for
the installation of wireless telecommunications facilities within private property.
These criteria are intended to guide and facilitate applicants in locating and
designing facilities and supporting accessory equipment in a manner that will be
compatible with the purpose, intent, and goals of this section. It is the intent of
the city to use its time, place, and manner authority to protect and preserve the
aesthetics of the city.
B) Permit Required.
1) Installation of wireless telecommunications facilities located on private
property will be subject to this chapter.
2) Applicants shall apply for a conditional wireless facility permit or
administrative wireless facility permit for any wireless telecommunications
facility that it seeks to place on private property.
C) Design Standards. The following general design guidelines shall be considered
for regulating the location, design, and aesthetics for a wireless
telecommunications facility:
1) Site Selection Criteria.
a) Preferred Locations. When doing so would not conflict with
one of the standards set forth in this subsection or with
federal law, wireless telecommunications facilities shall be
located in the most preferred location as described in this
subsection, which range from the most preferred to the least
preferred locations on private property.
01203.0015/893904.7
(i) Location on a new or existing building in a
nonresidential districts including institutional and
cemetery districts but not open space districts.
(ii) Location on an existing city -owned structure in a
nonresidential zone with a facility designed with
concealment elements.
(iii) Location on a new concealed structure in a
nonresidential zone.
(iv) Located more than two hundred feet of a residential
building or residential lot, excluding out -buildings,
unless concealed in or on a nonresidential building
(e.g., churches, temples, etc.).
b) Less Preferred Locations. To the extent feasible, facilities
shall not be located in the following areas:
(i) Environmentally sensitive areas including those areas
with coastal sage scrub governed by chapter 17.41
(Coastal Sage Scrub Conservation and
Management);
(ii) Installations that would be in violation of section
17.02.040 (View Preservation and Restoration);
(iii) On a structure, site or in a district designated as a
local, state or federal historical landmark, or having
significant local historical value as determined by the
city council.
c) No new facility may be placed in a less preferred location
unless the applicant demonstrates to the reasonable
satisfaction of the planning commission or director that no
more preferred location can feasibly serve the area the
facility is intended to serve; provided, however, that the
planning commission or director may authorize a facility to
be established in a less preferred location if doing so is
necessary to prevent substantial aesthetic impacts.
d) All facilities (including all related accessory cabinet(s)) shall
meet the setback requirements of the underlying zone. In no
case shall any portion of a facility be located in a defined
front yard or side yard.
e) In no case shall any part of a facility alter vehicular
circulation within a site or impede access to and from a site.
01203.0015/893904.7
In no case shall a facility alter off-street parking spaces
(such that the required number of parking spaces for a use is
decreased) or interfere with the normal operation of the
existing use of the site.
f) All wireless telecommunications facilities shall utilize
unmetered commercial power service, or commercial power
metering in the enclosure required by the utility, or remote
power metering in flush -to -grade vaults. If a commercial
power meter is installed and the wireless
telecommunications facility can be converted to unmetered
or wireless power metering, the permittee shall apply for a
permit modification to perform the conversion.
g) Any freestanding ground -mounted wireless
telecommunications facility, including any related accessory
cabinet(s) and structure(s), shall apply towards the allowable
lot coverage for structures/buildings of the underlying zone.
h) The antenna height of any wireless telecommunications
facility shall not exceed the height limit of the underlying
zone or the maximum permissible height of property upon
which the WTF is located.
D) General Standards.
1) Unless Government Code Section 65964, as may be amended, authorizes
the city to issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless
pursuant to another provision of this code it lapses sooner or is revoked.
At the end of ten years from the date of issuance, such permit shall
automatically expire.
2) Wireless telecommunications facilities shall not bear any signs or
advertising devices other than certification, warning, or other required
seals or required signage.
3) No permittee shall unreasonably restrict access to an existing antenna
location if required to collocate by the city, and if feasible to do so.
4) All antennas shall be designed to prevent unauthorized climbing.
E) Visual Impacts.
1) Facilities must comply with section 17.02.040 (View Preservation and
Restoration) unless an exception is granted pursuant to section 17.85.070.
01203.0015/893904.7
2) Facilities shall be designed to be as visually unobtrusive as possible.
Facilities shall be sited to avoid or minimize obstruction of views from
adjacent properties.
3) Facilities shall not be of a bright, shiny or glare -reflective finish. Colors and
designs must be integrated and compatible with existing on -site and
surrounding buildings and/or uses in the area. The facility shall be finished
in a color to neutralize it and blend it with, rather than contrast it from, the
sky and site improvements immediately surrounding; provided, that,
wherever feasible, a light color shall be used to meet this requirement.
4) If feasible, the base station and all wires and cables necessary for the
operation of a facility shall be placed underground so that the antenna is
the only portion of the facility that is above ground. If the base station is
located within or on the roof of a building, it may be placed in any location
not visible from surrounding areas outside the building, with any wires and
cables attached to the base station screened from public view. The
applicant shall demonstrate to the satisfaction of the planning commission
or director that it is not technically feasible to locate the base station below
ground.
5) Innovative design to minimize visual impact must be used whenever the
screening potential of the site is low. For example, the visual impact of a
site may be mitigated by using existing light standards and telephone
poles as mounting structures, or by constructing screening structures
which are compatible with surrounding architecture.
6) Screening of the facility should take into account the existing
improvements on or adjacent to the site, including landscaping, walls,
fences, berms or other specially designed devices which preclude or
minimize the visibility of the facility and the grade of the site as related to
surrounding nearby grades of properties and public street rights -of -way.
7) Landscaping or other screening shall be placed so that the antenna and
any other aboveground structure is screened from public view.
Landscaping or other screening required by this section shall be
maintained by the permittee and replaced as necessary as determined by
the director. All existing landscaping that has been disturbed by the
permittee in the course of placement or maintenance of the wireless
facility shall be restored to its original condition as existed prior to
placement of the wireless facility by the permittee Native vegetation shall
be preserved to the greatest extent practicable and incorporated into the
landscape plan.
01203.0015/893904.7
8) Wireless telecommunications facilities shall be located where the existing
topography, vegetation, building, or other structures provide the greatest
amount of screening.
9) All building and roof -mounted wireless telecommunications facilities and
antennas shall be designed to appear as an integral part of the structure
and located to minimize visual impacts.
F) Undergrounding of Accessory Equipment. To preserve community aesthetics, all
facility accessory equipment, excluding antennas, aboveground vents, to the
greatest extent possible, be required to be located underground, flush to the
finished grade, shall be fully enclosed, and not cross property lines. Accessory
equipment may include, but is not limited to, the following: fiber optic nodes, radio
remote units or heads, power filters, cables, cabinets, vaults, junction or power
boxes, and gas generators. Wherever possible, wireless metering shall be used.
If wireless metering is not an option, electrical meter boxes related to wireless
telecommunications facilities shall be appropriately screened, not visible to the
general public, and located in less prominent areas on private property. Where it
can be demonstrated that undergrounding of accessory equipment is infeasible
due to conflict with other utilities, the director may approve alternative above -
grade accessory equipment mounting when adequately screened from public
view. Any approved above -grade accessory equipment must be located so as
not to cause any physical or visual obstruction to pedestrian or vehicular traffic,
or to interfere with or create hazards to pedestrians or motorists.
G) Soundproofing Measures. Within residential zones, and properties adjacent to
residential zones, soundproofing measures shall be used to reduce noise caused
by the operation of wireless telecommunications facilities and all accessory
equipment to a level which would have no net increase in ambient noise level.
H) Applications Deemed Withdrawn. To promote efficient review and timely
decisions, an application will be automatically deemed withdrawn when an
applicant fails to tender a substantive response within sixty days after the city
deems the application incomplete in a written notice to the applicant. The director
may in the director's discretion grant a written extension for up to an additional
thirty days upon a written request for an extension received prior to the sixtieth
day. The director may grant further written extensions only for good cause, which
includes circumstances outside the applicant's reasonable control.
17.85.220 Section 6409, eligible wireless telecommunications facilities.
A) Purpose. The purpose of this section is to adopt reasonable regulations and
procedures, consistent with and subject to federal and California state law, for
compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), and related
Federal Telecommunications Commission regulations codified in 47 C.F.R.
Section 1.40001 et seq.
01203.0015/893904.7
1) Section 6409(a) generally requires that state and local governments "may
not deny, and shall approve" requests to collocate, remove or replace
transmission accessory equipment at an existing tower or base station.
FCC regulations interpret the statute and create procedural rules for local
review, which generally preempt subjective land -use regulations, limit
application content requirements and provide the applicant with a
"deemed granted" remedy when the local government fails to approve or
deny the request within sixty days after submittal (accounting for any
tolling periods). Moreover, whereas Section 704 of the
Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C.
Section 332, applies to only "personal wireless service facilities" (e.g.,
cellular telephone towers and accessory equipment), Section 6409(a)
applies to all "wireless" facilities licensed or authorized by the FCC (e.g.,
wi-fi, satellite, or microwave backhaul).
2) The city council finds that the partial overlap between wireless
deployments covered under Section 6409(a) and other wireless
deployments, combined with the different substantive and procedural rules
applicable to such deployments, creates a potential for confusion that
harms the public interest in both efficient wireless telecommunications
facilities deployment and deliberately planned community development in
accordance with local values. The city council further finds that a separate
permit application and review process specifically designed for compliance
with Section 6409(a) contained in a section devoted to Section 6409(a)
will best prevent such confusion.
3) Accordingly, the city council adopts this section to reasonably regulate
requests submitted for approval under Section 6409(a) to collocate,
remove or replace transmission accessory equipment at an existing
wireless tower or base station, in a manner that complies with federal law
and protects and promotes the public health, safety and welfare of the
citizens of the city.
B) Prohibition of Personal Wireless Service. This section does not intend to, and
shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal
wireless services; (2) unreasonably discriminate among providers of functionally
equivalent personal wireless services; (3) regulate the installation, operation,
collocation, modification or removal of wireless telecommunications facilities on
the basis of the environmental effects of radio frequency emissions to the extent
that such emissions comply with all applicable FCC regulations; (4) prohibit or
effectively prohibit any collocation or modification that the city may not deny
under California or federal law; or (5) allow the city to preempt any applicable
California or federal law.
C) Eligible Facility Permit. Any request to collocate, replace or remove transmission
accessory equipment at an existing wireless tower or base station submitted for
approval under Section 6409(a) shall require an eligible facility permit subject to
01203.0015/893904.7
the director's approval, conditional approval or denial under the standards and
procedures contained in this section. However, the applicant may alternatively
elect to seek either a conditional wireless facility permit or an administrative
wireless facility permit described elsewhere in this chapter.
D) Other Regulatory Approvals Required. No collocation or modification approved
under any eligible facility permit may occur unless the applicant also obtains all
other permits or regulatory approvals from other city departments and state or
federal agencies. An applicant may obtain an eligible facility permit concurrently
with permits or other regulatory approvals from other city departments after first
consulting with the director. Furthermore, any eligible facility permit granted
under this section shall remain subject to the lawful conditions and/or
requirements associated with such other permits or regulatory approvals from
other city departments and state or federal agencies.
E) Permit Applications — Submittal and Review Procedures.
1) Permit Application Required. The director may not grant any eligible
facility permit unless the applicant has submitted a complete application.
2) Permit Application Content. This section governs minimum requirements
for permit application content and procedures for additions and/or
modifications to eligible facility permit applications. The city council directs
and authorizes the director to develop and publish application forms,
checklists, informational handouts and other related materials that
describe required materials and information for a complete application in
any publicly stated form. Without further authorization from the city
council, the director may from time to time update and alter the permit
application forms, checklists, informational handouts and other related
materials as the director deems necessary or appropriate to respond to
regulatory, technological or other changes. The materials required under
this section are minimum requirements for any eligible facility permit
application the director may develop.
a) Application Fee Deposit. The applicable permit application
fee established by city council resolution. In the event that
the city council has not established an application fee
specific to an eligible facility permit, the established fee for
an administrative wireless facility permit shall be required.
b) Prior Regulatory Approvals. Evidence that the applicant
holds all current licenses and registrations from the FCC and
any other applicable regulatory bodies where such license(s)
or registration(s) are necessary to provide wireless services
utilizing the proposed wireless telecommunications facility.
For any prior local regulatory approval(s) associated with the
wireless telecommunications facility, the applicant must
01203.0015/893904.7
submit copies of all such approvals with any corresponding
conditions of approval. Alternatively, a written justification
that sets forth reasons why prior regulatory approvals were
not required for the wireless telecommunications facility at
the time it was constructed or modified.
c) Site Development Plans. A fully dimensioned site plan and
elevation drawings prepared and sealed by a California -
licensed engineer showing any existing wireless
telecommunications facilities with all existing transmission
accessory equipment and other improvements, the proposed
facility with all proposed transmission accessory equipment
and other improvements and the legal boundaries of the
leased or owned area surrounding the proposed facility and
any associated access or utility easements.
d) Accessory equipment Specifications. Specifications that
show the height, width, depth and weight for all proposed
equipment. For example, dimensioned drawings or the
manufacturer's technical specifications would satisfy this
requirement.
e) Photographs and Photo Simulations. Photographs and photo
simulations that show the proposed facility in context of the
site from reasonable line -of -sight locations from public
streets or other adjacent viewpoints, together with a map
that shows the photo location of each view angle. At least
one photo simulation must clearly show the impact on the
concealment elements of the support structure, if any, from
the proposed modification.
f) RF Exposure Compliance Report. 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 collocated facilities, will comply with
applicable federal RF exposure standards and exposure
limits. The RF report must include the actual frequency and
power levels (in watts 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 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.
01203.0015/893904.7
g) Justification Analysis. A written statement that explains in
plain factual detail whether and why Section 6409(a) and the
related FCC regulations at 47 C.F.R. Section 1.40001 et
seq. require approval for the specific project. 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 this
written statement the applicant must also include (i) whether
and why the support structure qualifies as an existing tower
or existing base station; and (ii) whether and why the
proposed collocation or modification does not cause a
substantial change in height, width, excavation, accessory
equipment cabinets, concealment or permit compliance.
h) Noise Study. If requested by the City, a noise study prepared
and certified by an acoustical engineer licensed by the state
of California for the proposed facility and all associated
accessory equipment including all environmental control
units, sump pumps, temporary backup power generators,
and permanent backup power generators demonstrating
compliance with the city's noise regulations. The noise study
must also include an analysis of the manufacturers'
specifications for all noise -emitting accessory equipment and
a depiction of the proposed accessory equipment relative to
all adjacent property lines. In lieu of a noise study, the
applicant may submit evidence from the accessory
equipment manufacturer that the ambient noise emitted from
all the proposed accessory equipment will not, both
individually and cumulatively, exceed the applicable limits
set out in the noise ordinance.
i) Maintenance Needs. A description of anticipated
maintenance needs, including frequency of service;
personnel needs; accessory equipment needs; and traffic,
noise or safety impacts of such maintenance.
3) Pre -Application Meeting Appointment. Prior to application submittal,
applicants must schedule and attend a pre -application meeting, either
virtual or in person, with city staff for all eligible facility permit applications.
Such pre -application meeting is intended to streamline the application
review through discussions including, but not limited to, the appropriate
project classification, including whether the project qualifies for an eligible
facility permit; any latent issues in connection with the existing tower or
base station; potential concealment issues (if applicable); coordination
with other city departments responsible for application review; and
application completeness issues. Applicants must submit a written request
01203.0015/893904.7
for an appointment in the manner prescribed by the director. City staff
shall endeavor to provide applicants with an appointment within five
working days after receipt of a written request.
4) Application Submittal Appointment. All applications for an eligible facility
permit must be submitted to the city at a pre -scheduled appointment,
either virtual or in person. Applicants may submit up to three WTF site
applications per appointment but may schedule successive appointments
for additional applications whenever feasible by the director. Applicants
must submit a written request for an appointment in the manner
prescribed by the director. City staff shall endeavor to provide applicants
with an appointment within five working days after receipt of a written
request.
5) Application Resubmittal Appointment. The Director may require
application resubmittals be tendered to the city at a pre -scheduled
appointment, either virtual or in person. Applicants may resubmit up to
three individual WTF site applications per appointment but may schedule
successive appointments for additional applications whenever feasible for
the city. Applicants must submit a written request for an appointment in
the manner prescribed by the director. City staff shall endeavor to provide
applicants with an appointment within five working days after receipt of a
written request.
6) Applications Deemed Withdrawn. To promote efficient review and timely
decisions, an application will be automatically deemed withdrawn when an
applicant fails to tender a substantive response within sixty days after the
city deems the application incomplete in a written notice to the applicant.
The director may in the director's discretion grant a written extension for
up to an additional thirty days upon a written request for an extension
received prior to the sixtieth day. The director may grant further written
extensions only for good cause, which includes circumstances outside the
applicant's reasonable control.
F) Notice.
1) Manner of Notice. Within fifteen days after an applicant submits an
application for an eligible facility permit, written notice of the application
shall be sent by first-class United States mail to:
a) Applicant or its duly authorized agent;
b) Property owner or its duly authorized agent;
c) All real property owners within five hundred feet from the
subject site as shown on the latest equalized assessment
rolls;
01203.0015/893904.7
d) Any person who has filed a written request with either the
city clerk or the city council; and
e) Any city department that will be expected to review the
application.
2) Notice Content. The notice required under this section shall include all the
following information:
a) A general explanation of the proposed collocation or
modification;
b) The following statement: "This notice is for information
purposes only; no public hearing will be held for this
application. Federal law may require approval for this
application. Further, Federal Communications Commission
regulations may deem this application granted by the
operation of law unless the City approves or denies the
application, or the City and applicant reach a mutual tolling
agreement"; and
c) A general description, in text or by diagram, of the location of
the real property that is the subject of the application.
G) Approvals — Denials without Prejudice. Federal regulations dictate the criteria for
approval or denial of approval permit application submitted under Section
6409(a). The findings for approval and criteria for denial without prejudice are
derived from, and shall be interpreted and applied in a manner consistent with,
such federal regulations.
1) Findings for Approval. The director may approve or conditionally approve
an application for an eligible facility permit only when the director finds all
of the following:
a) The application involves the collocation, removal or
replacement of transmission accessory equipment on an
existing wireless tower or base station; and
b) The proposed changes would not cause a substantial
change.
2) Criteria for a Denial without Prejudice. The director shall not approve an
application for an eligible facility permit when the director finds that the
proposed collocation or modification:
a) Violates any legally enforceable standard or permit condition
reasonably related to public health and safety; or
01203.0015/893904.7
b) Involves a structure constructed or modified without all
approvals required at the time of the construction or
modification; or
c) Involves the replacement of the entire support structure; or
d) Does not qualify for mandatory approval under Section
6409(a) for any lawful reason.
3) All Eligible Facility Permit Denials Are without Prejudice. Any "denial" of an
eligible facility permit application shall be limited to only the applicant
request for approval pursuant to Section 6409(a) and shall be without
prejudice to the applicant. Subject to the application and submittal
requirements in this chapter, the applicant may immediately submit a new
permit application for either a conditional wireless facility permit,
administrative wireless facility permit, or submit a new and revised eligible
facility permit.
4) Conditional Approvals. Subject to any applicable limitations in federal or
state law, nothing in this section is intended to limit the city's authority to
conditionally approve an application for an eligible facility permit to protect
and promote the public health, safety and welfare.
H) Standard Conditions of Approval. Any eligible facility permit approved or deemed
granted by the operation of federal law shall be automatically subject to the
conditions of approval described in this section.
1) Permit Duration Unchanged. The city's grant or grant by operation of law
of an eligible facility permit constitutes a federally mandated modification
to the underlying permit or approval for the subject tower or base station.
The city's grant or grant by operation of law of an eligible facility permit
shall not extend the term of the underlying wireless facility permit or any
city -authorized extension thereto.
2) Accelerated Permit Terms Due to Invalidation. In the event that any court
of competent jurisdiction invalidates any portion of Section 6409(a) or any
FCC rule that interprets Section 6409(a) such that federal law would not
mandate approval for any eligible facility permit(s), such permit(s) shall
automatically expire one year from the effective date of the judicial order,
unless the decision would not authorize accelerated termination of
previously approved eligible facility permits. A permittee shall not be
required to remove its improvements approved under the invalidated
eligible facility permit when it has submitted an application for either a
conditional wireless facility permit or an administrative wireless facility
permit for those improvements before the one-year period ends. The
director may extend the expiration date on the accelerated permit upon a
01203.0015/893904.7
written request from the permittee that shows good cause for an
extension.
3) No Waiver of Standing. The city's grant or grant by operation of law of an
eligible facility permit does not waive, and shall not be construed to waive,
any standing by the city to challenge Section 6409(a), any FCC rules that
interpret Section 6409(a) or any eligible facility permit.
4) Compliance with All Applicable Laws. The permittee shall maintain
compliance at all times with all federal, state and local laws, statutes,
regulations, orders or other rules that carry the force of law ("laws")
applicable to the permittee, the subject site, the facility or any use or
activities in connection with the use authorized in this permit. The
permittee expressly acknowledges and agrees that this obligation is
intended to be broadly construed and that no other specific requirements
in these conditions are intended to reduce, relieve or otherwise lessen the
permittee's obligations to maintain compliance with all laws.
5) Emergencies. The director may enter onto the facility area to inspect the
facility upon reasonable notice to the permittee. The permittee shall
cooperate with all inspections. The city reserves the right to enter or direct
its designee to enter the facility and support, repair, disable or remove any
elements of the facility in emergencies or when the facility threatens
imminent harm to persons or property.
6) Contact Information for Responsible Parties. Permittee shall at all times
maintain accurate contact information for all parties responsible for the
facility, which shall include a phone number, street mailing address and
email address for at least one natural person who is responsible for the
facility. All such contact information for responsible parties shall be
provided to the director upon permit grant, annually thereafter, and
permittee's receipt of the director's written request.
7) Indemnities. The permittee and, if applicable, the nongovernment owner of
the private property upon which the tower and/or base station is installed
shall defend, indemnify and hold harmless the city, its agents, officers,
officials and employees (a) from any and all damages, liabilities, injuries,
losses, costs and expenses and from any and all claims, demands,
lawsuits, 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 (b) from any and all damages, liabilities, injuries, losses, costs
and expenses and any and all claims, demands, lawsuits or causes of
action and other actions or 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,
01203.0015/893904.7
contractors, subcontractors or independent contractors. The permittee
shall be responsible for costs of determining the source of the
interference, all costs associated with eliminating the interference, and all
costs arising from third party claims against the city attributable to the
interference. In the event the city becomes aware of any such actions or
claims the city shall promptly notify the permittee and the private property
owner and shall reasonably cooperate in the defense. It is expressly
agreed that the city shall have the right to approve, which approval shall
not be unreasonably withheld, the legal counsel providing the city's
defense, and the property owner and/or permittee (as applicable) shall
reimburse the city for any costs and expenses directly and necessarily
incurred by the city in the course of the defense.
8) 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. Radio frequency emissions, to the
extent that they comply with all applicable FCC regulations, are not
considered to be adverse impacts to adjacent properties.
9) General Maintenance. The site and the facility, including but not limited to
all landscaping, fencing and related transmission accessory equipment,
must be maintained in a neat and clean manner and in accordance with all
approved plans and conditions of approval.
10) Graffiti Abatement. Permittee shall remove any graffiti on the wireless
telecommunications facility at permittee's sole expense subject to the
provisions of chapter 9.28 (Graffiti Prevention and Removal).
1) Notice of Decision — Appeals.
1) An application for an eligible facilities request shall be filed with the
director on a form prescribed by the director.
2) Notice of such decision shall be given to the applicant and to all owners of
property adjacent to the subject property. Notice of denial shall be given to
only the applicant.
3) Any interested person may appeal the director's decision to the planning
commission and the planning commission decision to the city council
pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this
title.
4) Fees for an eligible facilities request and for an appeal of a determination
thereon shall be levied as provided for by this code and established by
resolution of the city council.
01203.0015/893904.7
5) No decision on any wireless telecommunications facility application shall
be considered final until and unless all appeals have been taken or are
time -barred.
01203.0015/893904.7
I=all 61TU:M
(Currently addressed in Section 17.76.020 "Commercial Antennas")
Proposed New Chapter 17.87
(NOTE: Prior to City Council review, this Chapter number will be updated to 17.73,
and all sub -sections will be modified accordingly.)
AMATEUR RADIO FACILITIES AND OVER -THE -AIR RECEPTION DEVICES
17.87.010 Amateur radio facilities.
A) Noncommercial Amateur Radio Antennas.
1) Applicability. This section regulates noncommercial amateur radio
antennas that are affixed to real property and antennas that are located on
vehicles parked on lots which exceed sixteen feet in height, as measured
pursuant to the residential building height measurement methods
described in section 17.02.040 (View Preservation and Restoration) -of this
title. This subsection does not regulate hand held antennas or antennas
located on vehicles parked on lots which are sixteen feet or less in height,
as measured pursuant to the residential building height measurement
methods described in section 17.02.040 (View Preservation and
Restoration) of this title.
2) General Regulations. The installation, erection -and/or replacement of
noncommercial amateur radio antenna assemblies on lots for
noncommercial purposes shall be reviewed by the Director through either
an antenna Site Plan Review application or by the Planning Commission
through a noncommercial amateur radio antenna permit application.
a) Antenna assemblies which meet the following criteria shall be
considered legal nonconforming: i) legally permitted by the City or
the County prior to City incorporation, and which conform to the
codes in effect when installed, but do not meet the provisions of this
code; and are ii) existing as of the effective date of this code.
b) Antenna assembly height shall be measured as follows:
(i) The height of the antenna assembly shall include the
antenna(s) support structure and shall be the maximum to
which it is capable of being extended;
(ii) For a ground mounted assembly or one mounted on an
accessory structure, the height shall be measured from the
highest point of the existing grade covered by the foundation
01203.0015/894593.5
of the structure to the maximum height to which the antenna
assembly is capable of being extended; and
(iii) Except for exempt antennas described in subsection
(C)(3)(c)(ii) of this Section, for an antenna assembly
mounted on a main building or an accessory structure,
height shall be measured from existing grade to the
maximum height to which the antenna assembly is capable
of being extended, pursuant to the residential building height
measurement methods described in section 17.02.040 (View
Preservation and Restoration) of this title.
c) Noncommercial amateur radio antennas shall not be located within
any front yard area, without approval of a variance pursuant to
Chapter 17.64 (Variances) of this title.
d) The use of antennas for noncommercial purposes shall mean that
no commercial frequency is used for transmission or propagation,
that there is no communication for hire or for material
compensation, except as allowed by Federal Communications
Commission (FCC) regulations, and that all applicable regulations
are complied with at all times, including, without limitation, FCC
regulation 97.
e) A noncommercial amateur radio antenna assembly shall not
include oil derrick style structures and no structures with guy wires
shall be used or constructed, except as provided for in this Section.
f) No signage shall be allowed on any noncommercial amateur radio
antenna assembly, except for requisite safety text and other
labeling required by law.
g) A noncommercial amateur radio antenna assembly shall comply
with all City, State and Federal laws including section 17.02.040
(View Preservation and Restoration).
h) A noncommercial antenna assembly subject to this section shall not
be any closer to the property line than the required minimum side
and rear yard setbacks for the subject lot without written City
approval which shall take into consideration the site -specific
conditions.
i) All antennas capable of being retracted and extended shall be
retracted to its minimum size and height when not in use or
retracted as required in any conditions of approval issued by the
City.
01203.0015/894593.5
j) Each noncommercial amateur radio antenna shall be of a color or
painted to minimize its reflectivity and blend with its surroundings
as much as possible.
k) Upon the sale or transfer of the subject property any permit issued
under this section shall not be transferable to any other person
including a new property owner.
3) Antennas Exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval
of an antenna Site Plan Review application or noncommercial radio
antenna permit;
a) The replacement of an existing antenna or antenna support
structure with an outside diameter of three inches or less with a
similar antenna or support structure.
b) Parabolic dish antennas which are one meter (39.37 inches) or less
in diameter. This exemption shall not apply to parabolic dishes
located on a mast which is greater than twelve feet in height.
Freestanding masts shall be measured from existing adjacent
grade. Masts located on a building shall be measured from the
point where the mast meets the roof surface.
c) Any combination of two different antenna assemblies from the
following categories:
(i) One antenna assembly which is located outside of any
required setback areas and which is sixteen feet or less in
height, as measured pursuant to the residential building
height measurement methods described in section
17.02.040 (View Preservation and Restoration) of this title.
(ii) One building mounted antenna assembly, located outside of
any required setback areas, which does not exceed twelve
feet in height, as measured from the point where the
antenna assembly meets the roof surface, and which
contains radiating elements, each of which does not exceed
six feet in total length. If the antenna assembly is mounted
onto the roof, or if any portion of the antenna assembly
projects above the roofline, not more than one antenna may
be affixed to antenna support structure.
(iii) One wire antenna assembly consisting of a single flexible
wire, with a diameter not to exceed one-half inch, suspended
between two supports, which if man-made do not exceed
forty-one feet in height as measured from adjacent existing
grade, and located outside of any required setback areas.
01203.0015/894593.5
(iv) One vertical antenna assembly, located outside of any
required setback areas, consisting of a single pole or mast
with a maximum outside diameter of three inches or less
with no guys or horizontal elements located higher than two
feet above the ridgeline of the residence, and which does not
exceed forty-one feet in total height, as measured from
adjacent existing grade.
4) Antenna Site Plan Review Approval.
a) Director review. Director approval of an antenna Site Plan Review
application is required for more than two antenna assemblies which
are exempt pursuant to subsection (C)(3) of this section, and for
any other nonexempt antenna assembly which does not exceed
forty-one feet in height. The application may be approved provided
the Director finds as follows:
That adequate provision is made for safety;
That all applicable building code requirements, such as wind
load and seismic design criteria, and development code
requirements, such setbacks, are met;
That no more than one nonexempt antenna support
structure will be located on the lot;
(iv) That the placement of the antenna assembly does not
significantly impair a view from any surrounding properties,
as defined in section 17.02.040 (View Preservation and
Restoration) of this title; and,
(v) That the antenna assembly shall be designed to minimize
the visual impact to the greatest extent feasible by means of
placement, screening, camouflaging, painting and texturing
and to be compatible with existing architectural elements,
building materials and other site characteristics. The
applicant shall use the smallest and least visible antennas
possible to accomplish the coverage objectives.
b) Application. The antenna Site Plan Review application shall be
made upon forms provided by the City and shall be accompanied
by the following:
(i) Two copies of a scaled site plan showing the location of the
antenna assembly, and its relation to property lines,
topography and all structures on the property, and two
copies of an elevation drawing showing the proposed height,
size, vertical and horizontal components, dimensions, color
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and material of the antenna(s) and antenna support
structure. If a building permit is required pursuant to the
California Building Code, three copies of the above plans are
necessary;
(ii) A typed mailing list of all property owners within a five
hundred -foot radius to the subject property, using the last
equalized tax roll of the county assessor and any affected
homeowners associations, and a vicinity map identifying all
properties included on the mailing list.
(iii) A fee, as established by resolution of the City Council.
(iv) Documentation demonstrating that the antenna assembly
will comply with all other FCC standards related to radio
frequency emissions in OET Bulletin 65, Supplement B. Said
documentation shall state if the antenna is categorically
exempt or demonstrate compliance with the standards of
OET Bulletin 65.
(v) The applicant shall certify that the proposed antennas and
installation, comply with FCC regulations related to
interference and in the event the interference occurs, the
applicant will take all steps necessary to resolve the same.
(vi) The applicant shall, as part of the application, construct at
the applicant's expense, a mock-up of the proposed antenna
at the proposed location. Said mock up shall be the same
size and dimensions as the proposed antenna. The mock-
up shall be coordinated under the direction of the Director or
his/her designee. Once constructed, the silhouette shall be
certified by a licensed engineer on a form provided by the
City. In the alternative, the applicant may submit a photo
simulation depicting the proposed antenna in size, height,
and dimensions, as required by the City to depict the
proposed antenna as it would appear from the surrounding
areas, and deemed acceptable by the Director.
c) Notice. Upon receipt of a complete antenna Site Plan Review
application, the Director shall provide written notice of the
application to the applicant, property owners within a five hundred -
foot radius, any affected homeowners associations and any
interested parties. No sooner than fifteen days after the application
notices are mailed, the Director shall make a decision on the
application. Notice of the Director's decision shall be provided to the
applicant, adjacent property owners, any affected homeowners
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associations, and any interested parties. The Director's decision
may be appealed to the Planning Commission and the Planning
Commission's decision may be appealed to the City Council
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures)
of this title.
B) Noncommercial Amateur Radio Antenna Permit. Except for antenna assemblies
which are exempt pursuant to subsection (C)(3) of this section, antenna
assemblies which exceed forty-one feet in height or which involve the placement
of more than one nonexempt antenna support structure on a lot shall require the
approval of a noncommercial amateur radio antenna permit by the Planning
Commission.
1) Application. Application for a noncommercial amateur radio antenna
permit shall be made on forms provided by the City and shall include such
plans and documents as may reasonably be required by the Director,
including submittal requirements for the antenna Site Plan Review
application in subsection (4)(b), for a complete understanding of the
proposal and a filing fee in an amount established by resolution of the City
Council.
2) Notice. Upon receipt of a complete application for a noncommercial
amateur radio antenna permit, the Director shall provide written notice of
the application to all owners of a property shown on the last known county
assessor tax roll and homeowner associations located within a radius of
five hundred feet of the external boundaries of the property where the
antenna assembly is proposed.
3) Action by Planning Commission. In granting a noncommercial amateur
radio antenna permit, the Planning Commission shall consider:
a) The extent to which the proposed antenna assembly significantly
impairs a view, as defined in section 17.02.040 (View Restoration
and Preservation), from a surrounding lot;
b) With respect to an antenna assembly that is used for amateur radio
purposes, the degree to which refusing or conditioning the permit
would interfere with the applicant's ability to receive and/or transmit
radio signals on amateur frequencies. In evaluating this criterion the
Planning Commission may establish a maximum height for the
antenna assembly that reasonably accommodates the applicant's
ability to receive and/or transmit radio signals on amateur
frequencies and appropriately balances that right with the goals of
the City's general plan and development code;
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c) That adequate provision is made for safety and that all applicable
building code requirements such as wind load and seismic design
criteria, and development code requirements such as setbacks, are
met;
d) That the antenna assembly shall be designed to minimize the visual
impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting, and texturing and to be
compatible with existing architectural elements, building materials
and other site characteristics. The applicant shall use the smallest
and least visible antennas possible to accomplish the coverage
objectives;
e) Appropriate conditions to minimize significant view impairment and
to promote the goals of the general plan and development code,
such as, but not limited to:
(i)
Location restrictions,
(ii)
Nesting restrictions,
(iii)
Array size restrictions,
(iv)
Mass of tower restrictions,
(v)
Height restrictions,
(vi)
Elimination of guy wires,
(vii)
Addition of guy wires, if in the opinion of the Planning
Commission allowing guy wires would minimize the aesthetic
impacts,
(viii)
Screening or camouflaging requirements, provided said
requirements have not been shown to be cost prohibitive by
the applicant, in which case a less costly alternative shall be
imposed, and
(ix)
Compliance with any or all applicable regulations listed in
subsection 17.76.020(C)(2) above.
f) That the following additional findings can be made for approval of
more
than one nonexempt antenna assembly:
(i)
The additional antenna assembly cannot be reasonably
located on the existing antenna assembly;
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(ii) The additional antenna assembly does not significantly
impair a view from surrounding properties; and
(iii) The additional antenna assembly balances the effects on the
character of the neighborhood while reasonably
accommodating the radio amateur operator's ability to
transmit and receive radio amateur signals.
4) If the application is granted or conditionally granted, notice of the Planning
Commission's decision shall be given to the applicant and to all interested
persons. Notice of denial shall be given only to the applicant. The
applicant or any interested person may appeal the Planning Commission's
decision to the City Council pursuant to Chapter 17.80 (Hearing Notice
and Appeal Procedures) of this title.
5) The noncommercial amateur radio antenna permit shall be valid only so
long as all conditions imposed are fully complied with, and the antenna
structure is maintained in good repair.
C) State and Federal Law. The implementation of this section and decisions on
applications for placement of Noncommercial Amateur Radio Antennas shall, at a
minimum, ensure that the requirements of this section 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 use of the
Noncommercial Amateur Radio Antenna, or otherwise violate applicable laws or
regulations including but not limited to California Government Code section
65850.3 and section 97.15 of the Title 47 of the Code of Federal Regulations. If
that determination is made, the requirements of this section may be waived, but
only to the minimum extent required to avoid the prohibition or violation. If an
applicant contends that denial of the application would prohibit or effectively
prohibit the use of the antenna in violation of federal law, or otherwise violate
applicable law, the applicant must provide all information on which the applicant
relies on in support of that claim.
17.87.020 Over -the -air reception devices.
A. Applicability. This section applies to all over -the -air reception devices (OTARD) in
the City. "OTARD antennas" means antennas covered by the "over -the -air reception
devices" rule in Title 47 of the Code of Federal Regulations, sections 1.4000 et seq.
as may be amended or replaced from time to time.
B. Regulations. OTARDs in all zoning districts are exempted, provided that all of the
following conditions are met:
1. The antenna will be accessory to an existing use and measures 39.37 inches
(or one meter) or less in diameter or diagonal measurement.
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2. Similar in height to other roof mounted appurtenances, e.g., chimneys,
allowed for by this code.
3. The antenna will not be installed in violation of section 17.02.040 (View
Preservation and Restoration).
4. In the event that the antenna has to be installed such that its readily visible
from the public right-of-way it shall be professionally installed in a location that
ensures minimal aesthetic impact to adjacent property owners.
5. The antenna will not be located within a required setback area, driveway or
parking space.
6. If required by any law, rule or regulation the antenna shall be licensed with the
FCC.
7. The antenna complies with all FCC radio frequency (RF) exposure limits and
located such that it will minimize exposure to residents.
8. Only three (3) antennas shall be allowed per dwelling unit in residential zoning
districts or on legal nonconforming residential lots unless approved by the city
pursuant to an OTARD permit and if applicable a Home Occupation Permit
pursuant to Chapter 17.08.
9. Professional installation shall be required for all transmitting antennas to
ensure safety to residents.
C. OTARD Permit.
All OTARD permits shall be processed and reviewed consistent with
consistent with the provisions detailed in Chapter 17.85 for a Conditional
Wireless Facility Permit.
2. OTARD permits shall be granted if the following findings can be made:
a. The proposed OTARD has been designed and located in compliance
with all applicable provisions of this section.
b. The applicant has demonstrated the proposed installation is designed
such that the proposed installation represents the least intrusive means
possible and has shown that all alternative locations and designs
identified by the City were technically infeasible or not reasonably
available.
c. The appropriate exceptions have been approved by the director and not
appealed. If appealed, the director's decision has been upheld.
D. State and Federal Law.
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The implementation of this section and decisions on applications for
placement of OTARDs shall, at a minimum, ensure that the requirements of
this section are satisfied, unless it is determined by the director that an
exception is necessary because the applicant has established that denial of
an application would violate federal or state law including but not limited to
Code of Federal Regulations at Title 47, Section 1.40000 et seq. including
precluding use of the antenna by impacting the reception or transmission of
an acceptable quality signal.
2. If an applicant contends that denial of the application would violate state or
federal law, the applicant must provide all information and studies upon which
the applicant relies on in support of that claim for the director's review and
consideration. No such exception from any of the requirements of section
17.87.020 shall be granted unless the applicant demonstrates with clear and
convincing evidence all the following:
a. The proposed antenna qualifies as an OTARD.
b. The applicant has demonstrated that strict compliance with any
provision in this chapter would violate state or federal law.
c. If applicable, a clearly defined coverage map for the proposed
OTARD(s) including full -color signal propagation maps with objective
units of signal strength measurement demonstrating coverage which
would be accomplished with the requested exception(s) and why this
coverage is necessary, as compared to an installation without the
requested exception(s).
d. 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, are not
technically feasible or reasonably available. In addition, the applicant
has provided the City with a meaningful comparative analysis that
includes the factual reasons why the proposed location and design
which deviates from the requirements of this chapter is the least
noncompliant location and design necessary to reasonably achieve the
applicant's reasonable objectives.
3. If the director approves an exception to the requirements of this chapter, said
exception shall be limited only to the minimum extent required to avoid a
potential violation of state or federal law. Notice of such decision shall be
given to the applicant and to all owners of property adjacent to the subject
property. Notice of denial shall be given to only the applicant. Any interested
person may appeal the director's decision to the planning commission and the
planning commission decision to the city council pursuant to chapter
17.80 (Hearing Notice and Appeal Procedures) of this title.
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