Chapter 15.42
WIRELESS COMMUNICATIONS FACILITIES
Sections:
15.42.020 Applicability and exemptions.
15.42.030 Facility permit requirements.
15.42.040 Wireless preferences.
15.42.050 Wireless design standards.
15.42.060 Wireless facilities in the public right-of-way.
15.42.070 Requirements for collocated facilities.
15.42.090 General requirements.
15.42.100 Application requirements.
15.42.110 Facility maintenance.
15.42.120 Indemnity and liability.
15.42.130 Transfer or cessation of use.
15.42.140 Revocation procedure.
15.42.010 Purpose and intent.
A. Purpose and Intent. The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless communications facilities in the city.
B. Objectives. The city shall apply these regulations to further the following goals and policy objectives:
1. To protect and promote the public health, safety and community welfare and the aesthetic quality of the city as set out in the general plan while providing for managed development of wireless communications facilities in accordance with state and federal law.
2. To facilitate the creation of an advanced wireless communications infrastructure for citizens, businesses, industries and schools.
3. To protect the city from potential adverse effects of wireless communications facility development. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.42.020 Applicability and exemptions.
A. Applicability. Wireless communications facilities are permitted in the city subject to the provisions of this chapter.
B. Exemptions. The provisions of this chapter shall apply to all wireless communications facilities, except:
1. The following facilities addressed in Chapter 15.44 AVMC:
a. Dish and other antennas designed and used to receive video programming signals from direct broadcast satellite services or television broadcast stations;
b. Amateur radio stations and antennas as defined by the Federal Communications Commission (47 C.F.R. Part C.F.R.).
2. The city manager, planning director and public works director shall have the authority to approve the placement of a wireless communications facility in any district on a temporary basis during an emergency.
3. Communications facilities operated by a government agency.
4. Facilities exempt from the provisions of this chapter by operation of state or federal law. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.070].
15.42.030 Facility permit requirements.
A. Permit Required. Except for any collocated facility addressed in AVMC 15.42.070, no wireless communications facility subject to this chapter shall be located within the city on any property, including the public rights-of-way, unless the permits and authorizations required by this chapter have been obtained.
B. Modifications to Existing Facilities. Pursuant to 112 P.L. 96, Section 6409, and notwithstanding any provision of this chapter to the contrary, a request for a modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment shall be approved ministerially without the processing of a discretionary use permit; provided, that such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the original discretionary permit for the tower or base station. However, any modification to a wireless tower or base station which substantially changes the physical dimensions of either the tower or base station and any other modification to a wireless communications facility shall be subject to the permits and authorizations required by this chapter. In addition to any other requirements of this chapter, each application for a modification submitted under this subsection shall be accompanied by:
1. A detailed description of the proposed modifications to the wireless tower or base station;
2. A photograph or description of the wireless communications facilities as originally constructed, if available, a photograph of the existing wireless communications facilities, and a graphic depiction of the wireless communications facilities after modification, showing all relevant dimensions; and
3. A description of all construction that will be performed in connection with the proposed modification.
C. Type of Permit Required. Depending on the type and location of the proposed facility, an administrative use permit, conditional use permit or encroachment permit shall be required pursuant to AVMC 15.42.080. If a permit has been obtained for such a facility, any modification to the facility shall require either an amended permit or, if the modification has changed the type of permit required, a new permit as required in this chapter. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.080, 15.42.090].
15.42.040 Wireless preferences.
A. Location. The following is the order of preference for locating wireless communications facilities, starting with the city’s most preferred location. Except for modifications to existing facilities, the applicant shall show in its application why it has not selected any location that is more preferred than the location it proposes:
1. Collocation on an existing wireless collocation communications facility in nonresidential zoning districts in accordance with the provisions of AVMC 15.42.070.
2. Sites within the BP-1 and BP-2 business park and PO professional office districts and equivalent specific plan areas.
3. Sites within the CT, CC and CN commercial and CF community facility districts and equivalent specific plan areas.
4. Sites within the OR and OS open space districts and equivalent specific plan areas.
5. Sites within residential districts and equivalent specific plan areas.
B. Mounting and Screening. The following is the order of preference for mounting and screening wireless communications antennas and facilities, starting with the city’s most preferred technique. In its application, the applicant shall show why it has not selected any mounting and screening technique that is more preferred than the technique it proposes.
1. Class 1: Screened Building-Mounted. A facility with antennas mounted on a building or water tank. The antennas are fully screened so that they are not visible. Typical examples include antennas behind a visually opaque screen designed to pass radio frequency signals that match or complement existing exterior surfaces of the building or tank, or antennas designed to be incorporated within an architectural feature of a building such as a steeple, cross, cupola or other integral element.
2. Class 2: Hidden Freestanding. A facility consisting of antennas mounted on the interior of a freestanding structure that uses design techniques to ensure that the antenna is not visible because it is fully enclosed within the structure (such as monuments, signs, or clock towers) or antennas mounted inside elements that replicate natural features, such as fake rocks located in natural areas (“monorocks”) where the facility blends into the surrounding topography and the antenna is not visible.
3. Class 3: Camouflaged Freestanding. A facility consisting of antennas mounted on the exterior of a freestanding structure that uses camouflage to disguise the antenna. Typical examples include monotrees, monoshrubs and radome-enclosed antennas on streetlights.
4. Class 4: Temporary. A temporary facility on site not more than 180 days until a permanent (separately approved) facility to provide coverage for the same general area is operational; or a temporary facility on site not more 30 days in connection with a special event. Typical examples include a “cell-on-wheels” (COW).
5. Class 5: Unscreened and Uncamouflaged. An unscreened or uncamouflaged building or water tank-mounted or freestanding facility with any visible antenna. Typical examples include visible antenna panels on buildings, monopoles, streetlights, playfield lights and electrical towers. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.040, 15.42.050].
15.42.050 Wireless design standards.
A. Applicability. The requirements of this section shall apply at all times to all wireless communications facilities, including all wireless communications collocation facilities, except for facilities located in public rights-of-way addressed in AVMC 15.42.060.
B. Height. Wireless antennas and accessory equipment shall conform to the maximum structure height of the applicable zoning district except for the following special circumstances:
1. Mounting on Buildings. Antennas and accessory equipment mounted on buildings may extend up to 10 feet above the maximum structure height for the zoning district provided such elements are no higher than 10 feet above the existing building height and a conditional use permit is approved for the facility.
2. Mounting on Existing Freestanding Structures. Antennas mounted on existing freestanding structures such as utility towers may extend up to 10 feet above the height of the existing structure provided a conditional use permit is approved for the facility.
3. Ridgeline Height Limitation. Notwithstanding the preceding height provisions, wireless antennas and accessory equipment shall not extend higher than the top of the ridgeline nearest the antenna unless the decision-making authority determines in an individual case that a measure is not technically feasible or will not substantially lessen visual impacts.
C. Screening and Visual Mitigation. To the greatest extent feasible, facilities shall be designed to minimize the visual impact of the facility by means of placement, screening, landscaping and camouflage and to be compatible with existing architectural elements, building materials and other building characteristics. Failure to minimize visual impacts as determined by the decision-making authority shall be grounds for denial of the application. The following are visual impact mitigation measures that shall be required unless the decision-making authority determines in an individual case that a measure is not technically feasible or will not substantially lessen visual impacts:
1. Building-Mounted Installations.
a. Antennas on buildings shall be placed inside the building, in a building feature (such as a steeple or bell tower) or on the roof unless the decision-making authority determines that such mounting locations are not technically feasible or will not substantially lessen visual impacts. The decision-making authority may require roof-mounted antennas to be set back from the edge of the building to reduce visual impacts.
b. If the decision-making authority makes a determination that the mounting locations permitted in subsection (C)(1)(a) of this section are not technically feasible or will not substantially lessen visual impacts, it may permit antennas to be mounted on the exterior face of a building provided such antennas do not exceed six feet in their longest dimension.
c. Screening shall be placed over antenna panels and shall be painted or otherwise coated to match or complement the predominant color of the surrounding building surfaces. Screening materials shall match in size, proportion, style and quality the exterior design and architectural character of the building and the surrounding visual environment.
d. Wall-mounted antennas shall not extend more than 18 inches out from the wall face and no cables, antenna mounting brackets or any other equipment shall be visible on the wall face.
2. Water-Tank Installations.
a. Antennas mounted on the exterior face of a water tank shall not exceed six feet in their longest dimension.
b. Screening shall be placed over antenna panels and shall be painted or otherwise coated to match or complement the predominant color of the surrounding tank surface.
c. Tank-mounted antennas shall not extend more than 18 inches out from the tank face and no cables, antenna mounting brackets or any other equipment shall be visible on the tank face.
3. Freestanding Installations. The following standards shall apply to all facilities with antennas mounted on poles, towers or other freestanding structures:
a. Unless determined not feasible by the decision-making authority, freestanding installations shall utilize a camouflage design such as a monotree, monoshrub, monorock or a screening structure such as a monument or tower.
b. Monotree, monoshrub and monorock installations shall be located in settings that are compatible with those types of camouflaged antennas. For a monotree or monoshrub, natural vegetation comparable to that replicated shall be prevalent in the immediate vicinity of the site and the addition of new comparable living vegetation may be necessary to complement the camouflaged antenna. For a monorock, the proposed screen shall match in scale and color other rock outcroppings in the general vicinity of the proposed site.
c. Freestanding installations shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to best mitigate the visual impacts of the facility.
d. All antenna components and supporting equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used.
4. Temporary Facilities. The decision-making authority may approve a Class 5 temporary facility, as defined in AVMC 15.42.040, without visual screening if it determines that such short-term screening will not serve a useful purpose in the location proposed, taking into account the duration of the facility and the severity of its visual impacts.
5. Accessory Equipment. All accessory equipment to a facility shall be screened in accordance with the following requirements unless the decision-making authority determines that such measures are not feasible in a particular case:
a. Accessory equipment for building-mounted facilities may be located inside the building, underground, aboveground, or on the roof of the building. If aboveground or on a roof, the screening materials shall be painted the color of the building, roof, and/or surroundings. All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.
b. Accessory equipment for freestanding facilities may be visually screened by locating the equipment within a nearby building, underground or aboveground. For aboveground equipment, screening shall consist of walls, landscaping, or walls combined with landscaping to effectively screen the facility at the time of installation. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and/or landscaping of the surroundings.
c. Screening enclosures shall be solid opaque construction or a close-weave (maximum one-inch gap) vinyl-clad chain link or similar fence. Enclosures shall be dark green or another color which blends with the background around the enclosure. Landscaping screening shall also be provided if irrigation water is available. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.060].
Cross-references: residential screening of equipment and facilities, AVMC 15.14.120; nonresidential screening of equipment and facilities, AVMC 15.22.080; design standards, Chapter 15.62 AVMC.
15.42.060 Wireless facilities in the public right-of-way.
A. Applicability.
1. Notwithstanding other provisions of this chapter, wireless facilities located in a city public street right-of-way shall conform to the requirements of this section.
2. This section shall apply to facilities in city public street rights-of-way, including but not limited to antennas mounted on street lights, traffic signals and utility poles located in the public right-of-way (all of which shall be referred to as “antenna poles”).
3. The standards set out in subsections (C), (D) and (E) of this section shall apply to all wireless facilities in a public right-of-way unless the decision-making authority determines in an individual case that a standard is not technically feasible or will not substantially lessen visual impacts.
B. General Requirements.
1. In addition to the requirements in this chapter, the city reserves its rights under applicable law to regulate the use of the right-of-way by providers of wireless communications services. Wireless facilities proposed to be located in a public right-of-way shall be subject to review of an encroachment permit in accordance with Chapter 10.04 AVMC.
2. Notwithstanding the provisions of this section, the city is under no obligation to accept applications for facilities to be mounted on city-owned streetlight, traffic signal or other poles.
3. The applicant shall provide evidence of legal authority to attach to the poles and structures and show that the poles and structures will safely support the proposed facility.
4. The application shall comply in all respects with the other requirements of this chapter.
5. Design of facilities in the public right-of-way shall be subject to approval of the public works director.
C. General Standards.
1. New antenna poles shall not exceed 30 feet in overall height. Notwithstanding this limitation, for an antenna on an existing streetlight, traffic signal or other pole or on an antenna pole which replaces such an existing pole, the decision-making authority may approve an overall height up to nine feet above the height of the existing pole.
2. The diameter of antenna poles shall not exceed 14 inches. The diameter of antenna canisters shall not exceed the antenna pole diameter at the antenna mounting location by more than 10 inches. Antenna canisters shall not exceed nine feet in longest dimension.
3. Antennas and equipment shall be screened by means of canisters, radomes, shrouds or other screening measures whenever feasible. If an antenna or antenna equipment is proposed without screening, the applicant shall show to the satisfaction of the decision-making authority why such screening is not feasible.
4. Accessory equipment shall be placed in underground vaults. Ventilation stacks, electrical meter pedestals and other aboveground equipment shall be of the minimum feasible size and height. The decision-making authority may require landscape or other screening of such equipment to mitigate visual impacts.
5. Antennas shall be mounted on existing poles whenever feasible. If a new antenna pole is proposed, the applicant shall show to the satisfaction of the decision-making authority why use of an existing pole is not feasible.
6. Antenna poles within a parkway shall be set back a minimum of two feet behind the face of curb or as otherwise specified by the public works director, and shall comply with ADA accessibility standards.
7. Antenna poles shall be provided with an exterior finish consistent with that of existing poles in the vicinity with regard to color and texture. Antenna canisters and equipment shall be compatible in color with supporting antenna poles.
8. Equipment cables shall be located within antenna poles to the extent feasible. Cable exit ports shall be minimized.
9. Planting of additional street trees, consistent with the palette and pattern of existing street landscaping, may be required to mitigate visual impacts.
D. Antennas on Streetlight Poles. The following requirements are in addition to those set out in subsection (C) of this section:
1. Antennas on streetlight poles shall be mounted above operable streetlights.
2. Streetlight antenna poles shall be reasonably located within the existing streetlight pattern and shall be located so that there are not two or more consecutive communications facilities in a row.
3. Streetlight antenna poles shall include light arms consistent with existing streetlight poles in the vicinity with regard to number, placement, form and finish.
E. Antennas on Traffic Signal Poles. The following requirements are in addition to those set out in subsection (C) of this section:
1. Antennas on traffic signal poles shall be mounted above the traffic signal.
2. The public works director shall approve all traffic signal antenna poles to ensure proper functioning of the signal and maintenance of traffic safety. [Ord. 2013-151 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].
15.42.070 Requirements for collocated facilities.
A. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, the addition of a collocated facility to a wireless communications collocation facility shall be a permitted use not requiring a use permit or other discretionary permit provided the underlying wireless communications collocation facility was granted a discretionary permit and was subject to either an environmental impact report, mitigated negative declaration or negative declaration pursuant to California Government Code Section 65850.6 (as amended or superseded). If such a collocated facility does not satisfy said requirements, it shall be reviewed pursuant to AVMC 15.42.080.
B. When Required. Facilities may be required to support and provide collocation if the decision-making authority determines it is technically feasible and will minimize overall visual impact on surrounding areas.
C. When Not Required. Collocation is not required in cases where the decision-making authority determines collocation is not technically feasible, will cause quality of service impairment to the existing facility or will require any wireless communications service provider to cease providing service from that location for a significant period of time.
D. Environmental Review. Notwithstanding any provision of this code to the contrary, the environmental impacts of any proposed wireless communications facility that may serve as a wireless communications collocation facility shall be evaluated through certification of an environmental impact report, mitigated negative declaration, or negative declaration pursuant to the California Environmental Quality Act.
E. Public Hearing. A public hearing shall be held and notice provided pursuant to AVMC 15.70.070 on an application for a collocation facility that may, subsequent to initial construction, have additional wireless facilities collocated with the facility. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].
15.42.080 Review procedures.
A. Reviewing Authority. Applications for approval of a wireless facility shall be subject to review procedures in the following table as determined by the type of antenna and location of the facility; provided, that the discretionary permit exemptions and other provisions set out in AVMC 15.42.070 shall apply to review of wireless collocation facilities:
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Review procedures below are subject to the wireless preferences of AVMC 15.42.040, the design standards of AVMC 15.42.050 and 15.42.060, and the collocation provisions of AVMC 15.42.070 |
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LOCATION OF ANTENNA1 |
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CLASS OF FACILITY1 |
Within a nonresidential district and over 100 feet from a residential district |
Inside of any open space district or unzoned area |
Inside of or within 100 feet of any residential district |
Within public right-of-way in all districts3 |
|
Class 1: Screened Building- or Water-Tank-Mounted |
AUP |
CUP |
CUP |
n/a |
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Class 2: Hidden Freestanding |
AUP |
CUP |
CUP |
Encroachment Permit |
|
Class 3: Camouflaged Freestanding |
AUP |
CUP |
CUP |
Encroachment Permit |
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Class 4: Temporary |
AUP2 |
CUP2 |
CUP2 |
Encroachment Permit |
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Class 5: Unscreened and Uncamouflaged, Whether Building- or Water-Tank-Mounted or Freestanding |
CUP |
CUP |
prohibited |
prohibited |
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• AUP = administrative use permit by planning director per AVMC 15.74.0401 • CUP = conditional use permit per AVMC 15.74.040 |
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1Overheight antennas not in the public right-of-way shall require approval of a CUP per AVMC 15.42.050.
2A temporary facility associated with a special event permit shall be exempt from the requirement for an AUP or CUP provided the facility is included in the special event permit.
3These review provisions apply to all public rights-of-way throughout the city regardless of district location. Encroachment permits shall be reviewed in accordance with Chapter 10.04 AVMC.
B. Required Findings. Any administrative or conditional use permit for a wireless communications facility shall be reviewed in accordance with AVMC 15.74.040. Before granting any such use permit, the decision-making authority shall make the findings set out below. Such findings do not apply to the granting of an encroachment permit.
1. Consistency with General Plan. The facility is consistent with the General Plan and any applicable specific plan.
2. Consistency with Zoning Code. The facility conforms to and is consistent with the provisions of this Zoning Code, including but not limited to the preferences in AVMC 15.42.040, the design standards in AVMC 15.42.050 and 15.42.060, the collocation requirements in AVMC 15.42.070, and the general requirements in AVMC 15.42.090.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions injurious to or incompatible with other properties or land uses in the vicinity.
5. Visual Compatibility. The facility is visually compatible with the area surrounding the site and all feasible measures to mitigate visual impacts have been incorporated into the facility design.
6. Coverage Gap. The facility is necessary to close a significant gap in the applicant’s area coverage and/or voice or data capacity, and the applicant has reasonably considered and rejected all less intrusive alternatives. [Ord. 2013-151 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].
15.42.090 General requirements.
A. Applicability. The requirements of this section shall apply at all times to all wireless communications facilities, including all wireless communications collocation facilities, throughout the city.
B. Setbacks and Development Standards. Wireless communication facilities shall comply with all setback and other development standards within the applicable zoning district of the subject site, except that deviations from height standards may be permitted in conjunction with approval of a conditional use permit as provided in AVMC 15.42.050.
C. Lighting. A facility shall not be lighted except for beacon lights required by the Federal Aviation Administration. Beacon lights shall be shielded so as to minimize downward illumination.
D. Noise Standards. All facilities and accessory equipment shall comply with the applicable provisions of the city’s noise regulations as set out in AVMC Title 8.
E. Security. Each facility shall be designed to be resistant to, and to minimize opportunities for, unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. This may require the use of warning signs, fencing, anti-climbing devices, and other techniques.
F. Compliance with City Codes. Each facility shall comply with all applicable provisions of the municipal code, including but not limited to provisions of building codes and any conditions imposed as part of the approval process.
G. Compliance with State and Federal Regulations. Each facility shall comply with all applicable regulations and standards promulgated or imposed by any state or federal agency, including but not limited to the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).
H. Radio Frequency Emissions. Each facility shall at all times comply with all applicable health requirements and standards pertaining to radio frequency emissions. No wireless facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the federal government or by the city, county, or the state of California if authorized to do so by the federal government. Failure to remain in continued compliance with these standards shall be grounds for revocation of the discretionary permit. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.030].
Cross-reference: buildings and construction, AVMC Title 13.
15.42.100 Application requirements.
A. Application Filing. As required by AVMC 15.70.010, an application for an administrative use permit, a conditional use permit or an encroachment permit shall be filed with the planning department on forms prescribed by the planning director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees and deposits per Chapter 15.90 AVMC.
B. Required Content. In addition to any information determined reasonably necessary by the planning director, the application shall include the following, unless the director determines that the information is not applicable in an individual case or that it would serve no useful purpose in the review of the application:
1. The name, address and telephone number of the owner and operator of the proposed facility, if different from the applicant.
2. The type of proposed facility.
3. If the applicant is an agent, a letter authorizing the agent’s actions and promising full compliance with the city’s rules and regulations from the owner of the proposed facility. If the facility owner will not directly use the facility to provide wireless communications services, a legally binding promise from a person or entity indicating that the person or entity will use the facility to provide wireless communications services.
4. If the facility will be located on the property of someone other than the facility owner, written authorization by any and all property owners authorizing the placement of the facility on the property owner’s property.
5. A complete description of the proposed facility, its purpose, and equipment specifications including the height and other external dimensions of the facility, and a sworn statement from a certified radio frequency engineer that the proposed facility has been designed to the minimum height and smallest dimensions required to meet the demonstrated needs of the wireless communications service provider for the proposed site.
6. A detailed engineering and visual plan of the proposed facility created by a qualified licensed engineer, including site sketches, a photograph and model name and number of each piece of equipment included.
7. A site plan containing the exact proposed location for the facility.
8. The following information to determine whether there will be a significant gap in the wireless communications service provider’s radio signal coverage if the facility is not approved and whether alternative sites exist which could provide adequate coverage:
a. Identification of the geographic service area of the signal coverage from the facility with a map showing the site and other existing network sites of the provider in the vicinity. The map shall show the geographic area within which an alternate site for the facility could be located to provide the needed coverage and all other alternate sites within said area that could be used.
b. A description of how this service area fits into and is necessary for the wireless communications service provider’s provision of service.
c. A description of the efforts the applicant has made to consider alternate sites.
9. Completion of the radio frequency emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission’s “Local Government Official’s Guide to Transmitting Antenna RF Emission Safety” to determine whether the facility will be “categorically excluded” as that term is used by the FCC.
10. For a facility that is not categorically excluded, the applicant shall provide a technically detailed report certified by a qualified radio frequency engineer indicating that the proposed facility and associated equipment will not exceed standards set by the Federal Communications Commission.
11. Documentation certifying that the applicant or the person or entity that will provide wireless communications services using the proposed facility has obtained all applicable licenses or other approvals required by the Federal Communications Commission and the California Public Utilities Commission to provide the services.
12. If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.
13. A noise study prepared by a qualified acoustic engineer documenting the level of noise to be emitted by the proposed facility and its potential effects on surrounding uses.
14. A conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how this will reduce the visual impact of the facility.
15. An explanation as to why the applicant has not selected a preferred location or facility type as described in AVMC 15.42.040.
16. A description of the maintenance and monitoring program for the facility.
17. A statement of the applicant’s willingness to allow other entities seeking to provide wireless communications services to place collocated facilities on the proposed facility whenever technically and economically feasible and aesthetically desirable.
18. A written authorization to permit the city to hire a qualified independent consultant to evaluate any technical aspect of the proposed facility, including, but not limited to, compliance with applicable federal emission standards, potential for interference with existing or planned public safety emergency response communications facilities, or analysis of feasibility of alternate sites, screening methods, or devices. The applicant shall agree to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is hereby deemed as not a public record, shall remain confidential and shall not be disclosed to any third party without the express consent of the applicant, except to the extent such disclosure is required by law.
19. If the applicant requests an exception to any requirement in this chapter, the applicant shall provide all information and studies necessary for the city to evaluate the request.
20. Visual simulations showing before and after views of the proposed facility. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.020].
15.42.110 Facility maintenance.
A. Maintenance Responsibility. The facility operator shall be responsible for physical maintenance of the facility including but not limited to the following:
1. All facilities shall be maintained in good condition, including ensuring the facilities are reasonably free of: chipped, faded, peeling and cracked paint; rust and corrosion; cracks, dents, and discoloration; graffiti, bills, stickers, advertisements, litter, and debris; broken and misshapen parts; and any damage of any cause.
2. Any missing, discolored, or damaged camouflage or screening shall be restored to its original condition.
3. All landscaping required for the facility shall be maintained in a healthy condition at all times and shall be promptly replaced if dead or dying.
4. All facility sites shall be kept clean and free of litter.
5. All accessory equipment cabinets or enclosures shall display a legible sign clearly identifying the addresses, email contact information, and 24-hour local or toll-free contact telephone numbers for both the operator and the agent responsible for the maintenance of the facility. Such information shall be updated in the event of changes. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].
15.42.120 Indemnity and liability.
A. Actions Against Project Approval. A facility operator, at its sole cost and expense, shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the facility operator of any such claim, action or proceeding.
B. Interference with Communications. A facility operator shall be strictly liable for interference caused by its facility with public safety and city communications systems. The operator shall be responsible for costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the city attributable to the interference.
C. Incorporation of Provisions. The provisions of this section shall be incorporated into any use permit granted by the city for a wireless communications facility.
D. Incorporation of Provisions. The provisions of this section shall be incorporated into any use permit granted by the city for a wireless communications facility. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.100].
15.42.130 Transfer or cessation of use.
A. Transfer of Ownership of Wireless Communications Facilities. The facility owner or operator may not transfer or assign the local permit for operation of a wireless communications facility authorized under this chapter without the prior approval of the city. The assignor must demonstrate it is in full compliance with the requirements of this chapter. The proposed assignee must demonstrate it accepts and will comply with the requirements of this chapter and all other lawful city rules and regulations. The assignor shall provide written notice to the planning director of any proposed assignment or transfer of a wireless communications facility or any of the rights under such authorization, including the identity of the transferee.
B. Removal of Facility. All improvements, including foundations and appurtenant ground wires, shall be removed from the property and the site restored to its original preinstallation condition within 90 days of cessation of operation or abandonment of the facility. In conjunction with approval of a facility, the city may require a performance bond or other surety or another form of security to ensure such removal so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city shall take into consideration information provided by the permit applicant regarding the cost of removal. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.110].
15.42.140 Revocation procedure.
Any proceedings for revocation of a permit for a wireless communications facility under this chapter shall conform to the provisions of AVMC 15.74.120. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A). Formerly 15.42.130].