Chapter 17.54
WIRELESS COMMUNICATION FACILITIES
Sections:
17.54.030 Applicability – Exemptions.
17.54.040 Permit – Application.
17.54.050 Conditions of approval for all wireless communications facilities.
17.54.060 Locations and configuration preferences.
17.54.080 Independent technical review.
17.54.090 Amateur radio service installations.
17.54.010 Purpose.
A. The purpose of this chapter is to provide a uniform and comprehensive set of regulations and development standards for the permitting, development, siting, installation, design, operation, and maintenance of wireless communication and similar facilities. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless communications facilities. This chapter provides standards necessary to:
1. Promote and protect public health and safety, community welfare, visual and environmental resources, and the unique visual character and quality of the city consistent with the goals, objectives and policies of the General Plan;
2. Preserve and promote harmonious land uses;
3. Provide for the orderly, managed, and efficient development of wireless communications facilities in accordance with the state and federal laws, rules, and regulations;
4. Acknowledge the community benefit associated with the provision of communication services and ensure that a broad range of wireless communication facilities is provided to serve the community and to serve as an important part of the City’s emergency response network;
5. Provide incentives for well-designed and well-placed facilities.
B. This chapter is not intended to, nor shall it be interpreted or applied to:
1. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services;
2. Prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules;
3. Unreasonably discriminate among providers of functionally equivalent services;
4. Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radiofrequency emissions to the extent that such wireless communication facilities comply with the Federal Communications Commission’s (FCC) regulations concerning such emissions;
5. Prohibit any collocation or modification that the City may not deny under federal or state law; or
6. Otherwise authorize the City to preempt any applicable federal or state law.
C. In establishing the rights, obligations and conditions set forth in this chapter, it is the intent of the City to treat each applicant in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each proposed use. (Ord. 751 § 2 (Exh. A), 2021).
17.54.020 Definitions.
The terms below shall have the following meanings as used in this chapter:
A. “Antenna” means a device for transmitting and receiving radiofrequency signals. “Antenna” includes panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas, multiple antenna configurations, or other similar devices and configurations. “Antenna” includes a distributed antenna system (DAS), which is a network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
B. “Approval authority” means, with respect to a conditional use permit, the Planning Commission, and with respect to an administrative use permit or temporary conditional use permit, the Director, and with respect to an encroachment permit under Chapter 12.08 CMC, the Director of Public Works or designee.
C. “Base station” means all equipment and apparatus, excluding antennas, that are components of the wireless communication facility, including any antenna support system regular and backup power supply, other associated electronics, electronic receiving and relay equipment, enclosed equipment, electrical meters, and the necessary housing and foundations.
D. “Camouflaged” means designed to mask or blend with the surrounding environment in such a manner as to render it generally unnoticeable to the casual observer. By way of example, a wireless communication facility may be camouflaged as a faux tree, faux bush, flagpole, or water tower, or otherwise designed in a manner to be compatible with the appurtenant architecture, building, or natural surroundings.
E. “Cellular” means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
F. “Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2) as may be amended.
G. “Communication facility” means an unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
H. “CPCN” means a “Certificate of Public Convenience and Necessity” granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq., as may be amended.
I. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
J. “Concealed” means not observable. By way of example, a wireless communication facility shall be considered concealed if it is contained within new or existing architectural details of a building, e.g., a real or faux clock or bell tower, or on the roof of a building and concealed by parapets or screen walls, or concealed by any other means, so long as the wireless communications facility does not substantially compromise the aesthetics of the building, and the new concealment element has been approved under a wireless communication facility permit.
K. “Director” means the Calistoga Planning and Building Director.
L. “Eligible facilities request” means the same as defined in 47 C.F.R. Section 1.6100, as may be amended, and means any request for modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
M. “Equipment cabinet” means a cabinet or structure used to house equipment associated with a wireless communication facility.
N. “Existing” means the same as defined in 47 C.F.R. Section 1.6100, as may be amended, which provides that a constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
O. Reserved.
P. “Monopole” means a single free standing pole, post, or similar structure, used to support equipment associated with a wireless communication facility.
Q. “Related equipment” means equipment ancillary to the transmission and reception of voice and data via radio frequencies. “Related equipment” may include, but is not limited to, cable, conduit and connectors.
R. “Service provider” means an authorized provider of wireless communication services.
S. “Tower” means a structure built for the sole or primary purpose of supporting wireless communication facilities, including a monopole. “Tower” does not include a structure that was installed to replace or collocate upon an existing power pole, light standard, energy transmission tower, or building.
T. “FCC” means the Federal Communications Commission or its duly appointed successor agency.
U. “FCC shot clock” means the time frame that the FCC has identified as presumptively reasonable within which the City generally must act on a given wireless application as set forth in 47 C.F.R. Section 1.6003, as may be amended.
V. “Light standard” means a raised light source, supported by a concrete, metal, or wood pole, located on the edge of a sidewalk, street, and/or pathway.
W. “Macrocell facility” is any proposed personal wireless service facility that does not meet the definition of a “small wireless facility,” as defined in 47 C.F.R. Section 1.6002(l), and that does not meet the definition of an “eligible facilities request” under 47 C.F.R. Section 1.6100(b)(3).
X. “Modification” means any change to an existing wireless communications facility that involves any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation.
Y. “Monopole” means a structure consisting of a single pole used to support antennas or related equipment and includes a monopine, monoredwood, and similar monopoles camouflaged to resemble trees or other objects.
Z. “OTARD device” means any antenna or mast meeting the requirements set forth in 47 C.F.R. Section 1.4000(a)(1)(i) through (iv).
AA. “Personal wireless services” or “wireless services” means personal wireless service, as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended.
BB. “Personal wireless service facility” means a facility that is used to provide personal wireless services.
CC. “Pole” means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of the Calistoga Municipal Code.
DD. “Public right-of-way” or “right-of-way” means any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the City.
EE. “RF” means radiofrequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.
FF. “Roof-mounted” means mounted directly on the roof of any building or structure, above the eave line of such building or structure.
GG. “Service provider” means any authorized provider of personal wireless services to end users.
HH. “Site” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
II. “Small cell facility” shall have the same meaning as “small wireless facility” in 47 C.F.R. Section 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
1. The facility:
a. Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d); or
b. Is mounted on a structure no more than 10 percent taller than other adjacent structures; or
c. Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 C.F.R. Part 17;
5. The facility is not located on tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
JJ. “Substantial change” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7), as may be amended.
KK. “Telecommunications tower” or “tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
LL. “Temporary wireless communication facilities” means portable wireless communication facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless communication facilities. “Temporary wireless communication facilities” include, without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless communication facilities not permanently affixed to site on which is located.
MM. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
NN. “Utility pole” means a pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical, phone or other utility services. A tower is not a utility pole.
OO. “Wireless communication facility” or “wireless telecommunication facility” means any facility constructed, installed, or operated for personal wireless service, as defined in 47 U.S.C. Section 332(c)(7)(C)(i), and includes, but is not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. “Wireless telecommunications facility” specifically excludes the following:
1. A facility that qualifies as an “amateur station” as defined by the FCC, 47 C.F.R. Part 97, of the Commission’s Rules, or its successor regulation;
2. Any over-the-air reception devices (“OTARD”) device; or
3. Portable radios and devices including, but not limited to, handheld, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Director. (Ord. 751 § 2 (Exh. A), 2021).
17.54.030 Applicability – Exemptions.
A. Applicability. This chapter applies to the operation and maintenance of all existing wireless communication facilities and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy, operate, and maintain wireless communication facilities in the City.
B. This chapter shall not be applicable to:
1. Wireless communication facilities owned and operated by the City or any other agency of the state for public purposes;
2. Authorized amateur radio service facilities requiring a license issued by the FCC to operate (i.e., a “HAM” radio transmission), including antenna structures, except as specifically set forth in CMC 17.54.090, Amateur radio service installations;
3. Any OTARD devices;
4. Wireless communication facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and
5. Wireless communication facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D. (Ord. 751 § 2 (Exh. A), 2021).
17.54.040 Permit – Application.
A. Permit Required. No wireless communications facility shall be located or modified within the City on any property without the issuance of a permit as required by this section as set forth in Table A-1. Such permit shall be in addition to any other permit required pursuant to the Calistoga Municipal Code.
B. Master Use Permit Application. For service providers who plan to establish multiple wireless communication facilities within the city, the service provider is encouraged to apply for approval of all facilities of the same permit type under a master use permit application. The master use permit shall be subject to the same permit approval requirements that would apply to a permit for a single facility of such type, and shall be acted on by the approval authority that would have authority to approve a permit for a single installation of such type of facility, but all proposed facilities would be acted on as a single permit application. No approval shall be construed as any warranty of title.
C. Application Required. The approval authority shall not approve any request for a permit except upon a duly filed application consistent with this section, Chapter 12.08 CMC, Encroachment Permits, and/or any other written rules the City or the Director may establish from time to time in any publicly stated format.
D. Application. All applications for a use permit, an administrative use permit, temporary use permit, or an encroachment permit must include all the information and materials required by the Director for the application, including:
1. Compliance with any permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this section.
2. Applicants shall ensure applications demonstrate compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes and all FCC rules for human exposure to RF emissions.
3. The City Council further authorizes the Director to establish other reasonable rules related to permit processing as the Director deems necessary to manage the application intake process. All such rules must be in written form and publicly available to all applicants.
E. Application Requirements.
1. All Applications. An application for a wireless communication facility use permit shall include:
a. A complete application on a form provided by the City that sets forth information for the applicant to submit;
b. Applicable fees and/or deposits, including a deposit for independent technical review under CMC 17.54.060. The City Council shall set the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant unless paid as a refundable deposit.
c. If the application is to collocate a wireless communication facility at an existing wireless communication facility location, or to modify an existing wireless communication facility, the application shall address whether the application is subject to California Government Code Section 65850.6 or is an eligible facilities request and submit the documentation necessary to support the applicant’s determination.
d. Applicants shall provide reports evaluating for potential interference with City communication frequencies (e.g., HF, UHF, VHF, 800 mHz) in conjunction with all applications.
e. Applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the Director shall notify the applicant in writing, and specifying the material omitted from the application in conformance with the applicable timeframes established under 47 C.F.R. Section 1.6003, as may be amended.
f. Presubmittal Conference. Before application submittal, the applicant is encouraged to schedule and attend a presubmittal conference with the Director for all proposed projects.
h. Requests for waivers from any requirement of this subsection shall be made in writing to the Director or his or her designee. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver for an application requirement if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (i) granted only on a case-by-case basis, and (ii) narrowly tailored to minimize deviation from the requirements of the City Code.
i. Peer and Independent Consultant Review. The Director is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted. The applicant shall pay all the costs of said technical review, including any administrative costs incurred by the City, and is required to make a deposit, consistent with the City’s adopted fee schedule, at the time of application to account for this contingency.
2. Application for Location on City Property or Right-of-Way. An applicant for a wireless communication facility proposed to be located on City property or in a public right-of-way shall, in addition to the items identified in subsection (E) of this section, submit the following additional items: all materials required for a nonroutine encroachment permit as delineated by CMC 12.08.070.
F. Notice Requirements.
1. General Notice Requirements. Public notice in accordance with the provisions in Chapter 17.40 CMC shall be required for all permit applications.
2. Deemed-Approval Notice. Not more than 30 days before the applicable FCC timeframe for review expires, and in addition to any public notice required in Chapter 17.40 CMC, Use Permits, an applicant for a use permit must provide a posted notice at the project site that states the project will be automatically deemed approved pursuant to California Government Code Section 65964.1 unless the City approves or denies the application or the parties toll the timeframe for review within the next 30 days. The public notice required under this section will be deemed given when the applicant delivers written notice to the Director that shows the appropriate notice has been posted at the project site.
3. Decision Notices. Within five days after the approval authority acts on an application for a use permit or before the FCC shot clock expires (whichever occurs first), the approval authority or its designee shall send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain the reasons for the decision.
G. Decisions – Limited Exemptions – Appeals.
1. Required Findings for Approval.
a. Required Findings for Approval for all Facilities Requiring a Conditional Use Permit or an Administrative Permit, Except for an Eligible Facilities Request. The approval authority may approve or conditionally approve an application for a conditional use permit or administrative permit submitted under this section when the approval authority finds all of the following:
i. The proposed facility complies with all applicable provisions of this section;
ii. The proposed wireless facility complies with all required findings for conditional use permit approval, or administrative permit approval, or qualifies for a limited exception for personal wireless service facilities;
iii. The applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions;
iv. The applicant has demonstrated a good-faith effort to identify and evaluate preferred alternative locations and potentially less visually intrusive alternative designs for the proposed wireless facility;
v. The applicant has provided the approval authority with a meaningful analysis that shows all preferred alternative locations and less intrusive alternative designs identified in this code are either infeasible or unavailable;
vi. The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless communications facility wherever technically and economically feasible; and
vii. Noise generated by equipment will not be excessive, nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in the Calistoga General Plan.
2. Conditional Approvals – Denials. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any application for a use permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this section, the Calistoga Municipal Code or the General Plan. In conjunction with any denial, the approval authority shall issue a written decision stating the reasons therefor.
3. Limited Waiver to Avoid Prohibitions on Service. In the event that an applicant claims that strict compliance with the site location guidelines in CMC 17.54.060, Location and configuration preferences, or the development standards and regulations in CMC 17.54.070 (development standards and regulations for all wireless communication facilities, freestanding wireless communication facilities, and building-mounted wireless communication facilities) would prohibit or effectively prohibit the applicant’s ability to provide personal wireless services, the approval authority may grant a limited waiver from such requirements only to the minimum extent necessary to prevent such prohibition or effective prohibition, provided the approval authority finds the following:
a. The proposed wireless facility qualifies as a “personal wireless service facility” as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded;
b. The applicant has provided the approval authority with the technical service objective to be achieved by the proposed wireless facility;
c. The applicant has provided the approval authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in accordance with the standards in this section;
d. The applicant has demonstrated to the approval authority that the proposed location and design is the least noncompliant configuration that will reasonably achieve the applicant’s technical service objective or that would avoid an actual or effective prohibition of service.
H. Appeals. Any interested person or entity may appeal any decision by the approval authority in accordance with the below:
1. Any person adversely affected by an administrative use permit decision pursuant to this chapter or a decision regarding an encroachment permit for a wireless facility issued under Chapter 12.08 CMC may appeal such decision. The appeal will be considered by the Planning Commission. The Planning Commission may decide the issues de novo and the decision will be the final decision of the City.
2. Where the approval authority grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, any appeals must be filed within two business days of the written decision of the approval authority, unless the approval authority extends the time therefore. An extension to file an appeal may not be granted where extension would result in approval of the application by operation of law.
3. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
4. Appeals from an approval will not be permitted on the basis of the environmental effects of the radiofrequency emissions of the proposed facility, unless the appeal specifically identifies that the proposed facility does not meet regulations established by the FCC regarding such emissions.
5. Unless otherwise modified by this section, appeals of decisions of the Planning Commission shall be in accordance with Chapter 1.20 CMC, Appeals. (Ord. 751 § 2 (Exh. A), 2021).
17.54.050 Conditions of approval for all wireless communications facilities.
A. In addition to all other conditions imposed by the approval authority, all permits, including encroachment permits, shall be subject to the conditions in this section.
1. Permit Term. The permit will automatically expire 10 years from its issuance, except where the approval authority establishes a shorter term due to specific public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to the permitted wireless facility, which includes without limitation any permits or other approvals deemed granted or deemed approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. An administrative use permit issued to authorize installation of an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 shall not be deemed to extend the term of any underlying permit for the originally permitted wireless communication facility.
2. Permit Expiration. At the end of the term, the permit shall automatically expire, unless an extension or renewal has been granted. A person holding a permit must either: (a) remove the wireless facility within 30 days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (b) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility may remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted.
3. Strict Compliance with Approved Plans. Before the permittee submits any applications to the Building Department, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the wireless facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director’s prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the approved plans or implicates a significant or substantial land-use concern.
4. Build-Out Period. This permit will automatically expire one year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant one written extension to a date certain, not to exceed one additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the expiration date in this condition.
5. Maintenance Obligations – Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
6. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any laws applicable to human exposure to RF emissions. 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. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Calistoga Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Calistoga Municipal Code, any permit, any permit condition or any applicable law or regulation.
7. Radiofrequency Compliance Evaluations. All facilities must comply with all applicable standards and regulations of the FCC and any other state or federal government agency with the authority to regulate radiofrequency emissions. After completion of construction, but prior to unattended operations of the facility, on-site post-installation RF emissions testing shall be performed by a qualified professional (as identified by the City) to demonstrate actual compliance with applicable FCC limitations, including the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled radiofrequency exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the radiofrequency emissions no longer exceed the uncontrolled/general population limit.
8. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized under this code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director may issue a stop work order for any activities that violates this condition.
9. Permittee’s Contact Information. The permittee shall furnish the Director with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person’s contact information changes.
10. Indemnification. The permittee shall defend, indemnify and hold harmless the City, City Council and its commissions, agents, officers, officials, employees, and volunteers from any and all (a) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, law suits, writs, and other actions or proceedings (“claims”) brought against the City or its agents, officers, officials, employees, or volunteers to challenge, attack, seek to modify, set aside, void or annul the City’s approval of this permit, and (b) other claims of any kind or form, whether for personal injury, death, or property damage, that arise from or in connection with the permittee’s or its agents’, Director’s, officers’, employees’, contractors’, subcontractors’, licensees’, or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees 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 promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.
11. Performance Bond. Before the Building Department issues any construction permit in connection with this permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100 percent of the cost of removal of the facility. The bond or security required by this section shall be in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless communication facilities removal. In establishing the amount of the security, the Building Department shall take into consideration information provided by the permit applicant regarding the cost of removal.
12. Permit Revocation. In accordance with CMC 17.40.050, the approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.
13. Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance for bodily injury and property damage, including coverage for property/premises liability and completed operations, with limits acceptable to the Director. The relevant policy or policies shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide 30 days’ prior notice to the City of to the cancellation or material modification of any applicable insurance policy.
14. As-Built Drawings. The permittee shall submit an as-built drawing within 90 days after installation of the facility.
15. Conflicts with Improvements. For any portion of a facility located within the City right-of-way, the permittee shall remove or relocate, at its expense and without expense to the City, any or all of its facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.
16. Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property.
17. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.
18. Encourage Collocation. Where the facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing facility, the permittee shall allow collocation of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
19. Abandonment. If a facility is not operated for a continuous period of 90 days, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the period (a) the Director has determined that the facility has resumed operations, or (b) the City has received an application to transfer the permit to another service provider. No later than 90 days from the date the facility is determined to have ceased operation or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within 30 days of the date the removal is completed. If the facility is not removed within 30 days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
20. Lease or Master License Agreement. Wireless facilities located on City-owned property, except in the right-of-way, shall enter into a lease agreement with the City. Small cell facilities located on City-owned infrastructure in the public right-of-way shall enter into a master license agreement (MLA) with the City.
B. Permit Extension. If a permit has not expired at the time an application is made for an extension, the Director may administratively extend the term of the permit for a subsequent 10-year term upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of this code that are in effect at the time the permit extension is considered. (Ord. 751 § 2 (Exh. A), 2021).
17.54.060 Location and configuration preferences.
A. Purpose. The purpose of this section is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for wireless communication facilities in the City; provided, that nothing in this section shall be construed to permit a wireless communication facility in any location or configuration that it is otherwise prohibited by this section.
B. Review of Location and Configuration. The reviewing authority shall consider the extent to which a proposed wireless communication facility complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this section. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the least preferred category.
C. Order of Preference – Configurations. The order of preference for the configuration for wireless communication facilities on public property outside the right-of-way or on private property from most preferred to least preferred is:
1. Collocations on roofs already containing roof-mounted wireless communication facilities;
2. New installations on existing roofs;
3. Collocations with existing building-mounted wireless communication facilities, which includes light standards and other utility structures;
4. New installations on existing buildings, which includes light standards and other utility structures;
5. Collocations with existing wireless communication facilities on an existing pole or utility pole;
6. Collocations with existing wireless communication facilities on electric transmission towers;
7. Collocations with existing freestanding wireless communication facilities;
8. New installations on existing electric transmission towers;
9. New freestanding wireless towers; and
10. New installation on a new pole or utility pole;
D. Order of Preference – Small Cell Facilities. For small cell facilities in the right-of-way, the order of preference is:
1. Installations on an existing pole or utility pole; and
2. Installation on a new pole or utility pole.
E. Order of Preference – Location. The order of preference for the location of wireless communications facilities in locations according to the following preferences, from most preferred to least preferred is as follows:
1. City-owned property or structures outside the public rights-of-way;
2. City-owned property and the public rights-of-way adjacent to nonresidential zoning districts;
3. Industrial zones;
4. Commercial zones;
5. Open space zones;
6. Public rights-of-way adjacent to residential zoning districts;
7. Any location within the Downtown Commercial Zoning District, within a designated Character Area or Gateway Area, within 300 feet of a residential dwelling located in a zoning district in which dwellings are a permitted use, or attached to a light standard are the least preferred locations unless they are entirely camouflaged in accordance with the definition found in CMC 17.54.020; and
8. Residential zones.
F. Accessory Equipment. Except for pole-mounted small cell facilities in the public right-of-way, the order of preference from most preferred to least preferred, accessory equipment for wireless communications facilities shall be:
1. Within a building or structure;
2. Located underground;
3. In a rear yard if not readily visible from surrounding properties and the roadway;
4. On a screened rooftop area or structure; and
5. Any other location. (Ord. 751 § 2 (Exh. A), 2021).
17.54.070 Standards.
A. Development Standards for Regulation of All Wireless Communication Facilities. The following development standards apply to all wireless communication facilities:
1. Basic Requirements. The design and development standards set forth in this section apply to all wireless communications facilities no matter where they are located. Wireless communications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section.
2. Antennas. Antenna elements shall be flush mounted, to the extent reasonably feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip antennas need not be screened.
3. Colors and Materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a building shall be painted or otherwise treated to match the exterior of the building or the antenna’s background color. All ground-mounted equipment shall be covered with a clear antigraffiti type material of a type approved by the Director or shall be adequately secured to prevent graffiti.
4. Signage – Advertisements.
a. All wireless communication facilities must include signage that accurately identifies basic contact and facility/site information. The applicant/operator shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to the following:
i. Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;
ii. Name, address and telephone number of a local contact person for emergencies; and
iii. Type of service provided. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.
b. Wireless communication facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations.
5. Lighting. No wireless communications facility may include artificial lighting unless either specifically required by the Federal Aviation Administration (FAA) or other government agency. Legally required lightning arresters and beacons shall be included excluded when calculating the height of facilities such as telecommunications towers, lattice towers, and monopoles.
6. Noise.
a. Each wireless communications facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.
b. Backup generators shall only be operated during periods of power outages and shall not be tested on weekends, holidays, or between the hours of 5:00 p.m. and 7:00 a.m.
c. Each wireless communications facility shall comply with the applicable noise requirements contained in the General Plan Noise Element.
d. Any equipment, including, but not limited to, air conditioning units, that may emit noise that would be audible from beyond three feet from the wireless communications facility in the case of a facility located in the right-of-way, or in the case of other facilities, the facility’s property line, shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under the Calistoga Municipal Code.
7. Security. Each wireless communications facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The approval authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance. Site security measures must be designed to enhance concealment to the maximum extent possible, such as installing equipment within an enclosure designed to mimic a trash-can corral rather than within a chain link fence.
8. Backup Power Sources.
a. Until January 1, 2024, an emergency standby generator for a macro cell tower site, as set forth in California Government Code Section 65850.75, shall be a permitted use subject to an administrative use permit, which shall be approved by the Director provided the emergency standby generator complies with the following:
i. The emergency standby generator is rated below 50 horsepower, compliant with applicable air quality regulations, has a double-wall storage tank, not to exceed 300 gallons, and is mounted on a concrete pad.
ii. The macro cell tower site at which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the applicable local agency.
iii. The emergency standby generator complies with all applicable state and local laws and regulations, including building and fire safety codes.
iv. The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than 250 cubic feet in volume.
v. The emergency standby generator shall be located not more than 100 feet from the physical structure of the macro cell tower or base station.
b. For backup power that is not an emergency standby generator subject to approval under California Government Code Section 65850.75, all backup power supplies (e.g., generators) shall be located within an equipment enclosure. The approval authority shall not approve any diesel generators or other similarly noisy or noxious generators in or within 250 feet from any residence; provided, however, the approval authority may approve sockets or other connections used for temporary connection to backup generators. The City strongly disfavors backup power sources mounted on the ground or on poles within the public rights-of-way.
9. Future Collocations and Equipment. To the extent feasible, all new wireless communication facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated with the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance.
10. Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless communication facilities. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.
11. Electromagnetic and Radiofrequency Radiation. The applicant shall provide certification by a duly licensed engineer that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radiofrequency radiation established by the FCC.
12. Interference. Interference with city communication systems is prohibited. All proposed facility applications shall include reports, as required by the Department of Public Safety, to evaluate for potential interference (e.g., HF, UHF, VHF, 800 mHz).
13. Compliance with Laws. All wireless communication facilities must be designed and sited in compliance with all applicable:
a. Federal, state and local laws, regulations, rules, restrictions and conditions, which include without limitation regulations established by the FCC, FAA, CPUC, the California Building Standards Code, and the Calistoga Municipal Code;
b. Applicable requirements in the City of Calistoga General Plan and any applicable specific plan; and
c. Any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the facility.
14. Modification. At the time of modification of a wireless communications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
15. Design Guidelines. All new wireless facilities and collocations, modifications, or other changes to existing wireless facilities must conform to any design and development standards adopted by resolution of the City Council.
16. Administrative Application Requirements and Design Guidelines. The Director may develop and from time to time amend application forms and requirements and develop administrative design guidelines; provided, that such guidelines are consistent with the generally applicable development standards and any facility-specific development standards in this section, in order to supplement and clarify the standards in this section for City staff, applicants and the public. The Director shall publish such guidelines in advance of their effective date.
B. Development Standards and Regulations for all Wireless Communication Facilities Located Outside of the Public Right-of-Way.
1. Basic Requirements. In addition to the requirements in CMC 17.54.070(A), Development Standards and Regulations for all Wireless Communication Facilities, all new wireless communication facilities located outside of the public right-of-way that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.
2. Macrocell Facility Separation and Location Requirements. Macrocell facilities must be separated as follows:
|
Minimum Distance from a Macrocell Facility to a: |
||
|
Macrocell Facility on the Same Parcel |
Macrocell Facility on Another Parcel |
Residence |
|
50 feet |
1,000 feet |
100 feet |
3. Maximum Number of Macrocell Facilities Per Parcel. A maximum of four macrocell facilities may be installed on a parcel.
4. Concealment. Wireless communication facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into or screen the facilities from the natural and/or built environment in a manner consistent and/or compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity. Concealment methods may include:
a. A facility mimicking a native tree species or a rock outcrop in an open space or hillside location where other natural elements exist to provide effective camouflaging and/or concealment;
b. Locating a facility on a building’s roof, possibly in conjunction with a parapet, a tower, or a similar architectural element, to obscure its appearance from the adjoining public right(s)-of-way;
c. Painting and/or covering a building-mounted facility to match the appearance of the building.
5. Landscaping.
a. All new macrocell facilities and any ground-mounted wireless facilities not in the public right-of-way must include a landscape plan when proposed to be placed in a landscaped area. The landscape plan must include existing vegetation, vegetation proposed to be removed or trimmed, and identification of proposed landscaping by species type, size, and location. All plants proposed must be fire-safe, native and/or drought-resistant. Landscape plans shall include site features, such as use of vegetation or rock outcrop, designed to screen such facilities from public view or from view of adjacent properties.
6. Parking – Access. Any equipment or improvements constructed or installed in connection with any wireless communication facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless communication facilities should use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements should be the minimum size necessary to reasonably accommodate the proposed use. New parking or access improvements shall be prohibited in the open space for agriculture and resource management and open space for environmental conservation districts.
7. Accessory Equipment. Accessory equipment located within the front or side yard shall be located to be screened by landscaping and placed in close proximity to existing above ground utilities (such as electrical tower or utility poles), light poles, trees of comparable height, water tanks, and other areas where the ground-mounted facility will not detract from the image or appearance of the City.
C. Development Standards for Freestanding Wireless Communication Facilities Located Outside of the Public Right-of-Way.
1. Basic Requirements. In addition to the requirements in CMC 17.54.070(B), Development Standards and Regulations for all Wireless Communication Facilities, and CMC 17.54.070(C), Development Standards and Regulations for all Wireless Communication Facilities Located Outside of the Public Right-of-Way, all new freestanding wireless communication facilities located outside of the public right-of-way that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.
2. Monopoles and Towers.
a. All monopoles and towers shall be concealed or screened to reduce their visual presence.
b. Monopoles concealed by artificial foliage (i.e., tree monopole, monopine, etc.) must match the appearance of natural tree species that appear in the City.
3. Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Applicants must mount nonantenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat colors subject to the approval authority’s prior approval.
4. Ground-Mounted Equipment – Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the approval authority’s prior approval. Ground-mounted enclosures shall incorporate concealment elements to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
5. Height. All freestanding wireless communication facilities shall be of a minimum functional height. The maximum heights for these facilities shall be 35 feet, unless located in a nonresidential zone, or located in the public right-of-way not adjacent to a residential zone. In such cases, the maximum height shall be 60 feet.
6. Setbacks.
a. All freestanding wireless communication facilities shall be set back from any property line by a minimum of 25 feet or the zone’s required setback, whichever is greater.
b. Towers and antennas shall be setback at a ratio of two horizontal feet for every one foot in height and shall be screened and/or concealed from the nearest residentially zoned property.
7. Screening. All freestanding wireless communication facilities shall be sited to be screened by existing development, topography, or vegetation, to the extent feasible. Ground-mounted facilities are encouraged to be located within buildings, underground, or in areas where substantial screening by existing buildings or vegetation can be achieved.
D. Development Standards and Regulations for Building-Mounted Wireless Communication Facilities.
1. Basic Requirements. In addition to the requirements in CMC 17.54.070(B), Development Standards and Regulations for all Wireless Communication Facilities, and CMC 17.54.070(C), Development Standards and Regulations for all Wireless Communication Facilities Located Outside of the Public Right-of-Way, all new building-mounted wireless communication facilities that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.
2. Preferred Concealment Techniques. All applicants should, to the extent feasible, propose wireless communication facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, when integration with existing building features is not feasible, the applicant should propose completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys, and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible.
3. Facade-Mounted Equipment. When wireless communication facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade-mounted equipment in accordance with this section. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The approval authority may not approve “pop-out” screen boxes unless the design is architecturally consistent with the original building or support structure. The approval authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade(s) along the building frontage that is the least prominent or publicly visible.
4. Rooftop-Mounted Equipment.
a. Rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish. The approval authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.
b. Rooftop-mounted equipment must be set back from the nearest roof edge(s) by a minimum of 10 feet or distance equivalent to the facility’s height, whichever is greater.
5. Height.
a. Building-mounted wireless communication facilities shall generally not exceed 15 feet above the maximum height for that zoning district.
b. Antennas mounted on the side of a building shall not extend above the top of the building parapet or eave line.
E. Development Standards and Regulations for Wireless Communication Facilities Located in the Public Right-of-Way.
1. Basic Requirements. In addition to the requirements in CMC 17.54.070(A), Development Standards and Regulations for all Wireless Communication Facilities, all new and substantially changed wireless communication facilities located within the public right-of-way and that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.
2. Antennas.
a. Utility Poles. The maximum height of any antenna mounted to an existing utility pole shall not exceed 24 inches above the height of an existing utility pole, nor shall any portion of the antenna or accessory equipment mounted on a pole be less than 18 feet above any drivable road surface, except for safety shut-off switches, utility meters and associated conduit. The height limitation for antennas in this section may be exceeded only to the minimum necessary to comply with required electrical code safety clearances or applicable safety regulations. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised.
b. Street Light Poles. The maximum height of any antenna mounted to a street light pole shall not exceed seven feet above the existing height of a street light pole in or adjacent to a nonresidential zoning district and shall not exceed three feet above the existing height of a street light pole in or adjacent to any other zoning district. Any portion of the antenna or equipment mounted on such a pole shall be no less than 18 feet above any drivable road surface, except for safety shut-off switches, utility meters and associated conduit.
3. Poles.
a. Only pole-mounted or street-light-pole-mounted antennas shall be permitted in the public right-of-way. All other telecommunications towers in the right-of-way shall be prohibited, and no new pole installations for the purpose of installing a wireless facility shall be permitted that are not replacing an existing pole.
b. Pole Height and Width Limitations.
i. All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and equipment. Poles and antennas and similar support structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.
ii. Pole-mounted equipment must be mounted as close to the pole as possible to reduce its overall visual profile, and shall not exceed six cubic feet in dimension.
b. If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section for concealment or provides a stealth design. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.
c. If a limited waiver pursuant to CMC 17.54.040 is granted for placement of new poles in the right-of-way, new poles shall be designed to resemble existing poles in the right-of-way, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced, unless another design better accomplishes the objectives of this section to provide concealment or camouflage of the facility. Such new poles that are not replacement poles shall be located no closer than 90 feet to an existing pole.
5. Space Occupied. Facilities shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.
6. Location.
a. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of the right-of-way, or safety hazards to pedestrians and motorists.
b. A facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.
c. Pole-mounted equipment, above-ground accessory equipment, or walls, fences, landscaping or other screening methods shall be setback a minimum of 18 inches from the front of a curb.
d. All pole-mounted equipment and required or permitted signage must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures.
e. Where feasible, all new wires needed to service the wireless communications facility must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole. If it is not feasible to install wiring inside of the utility pole due to the pole material, wires shall be installed in a manner that minimizes the use of visible wiring, minimizes bulk and avoids the spooling of excess cable.
7. Accessory Equipment. With the exception of the electric meter, which shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground to the extent feasible. When above-ground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening. Required electrical meter cabinets shall be adequately screened and camouflaged.
8. Concealment. All wireless communication facilities in the right-of-way must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. In addition, wireless communication facilities in the rights-of-way may not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.
9. Americans with Disabilities Act Compliance. All facilities shall be built and located in compliance with the Americans with Disabilities Act (ADA) and any applicable state law accessibility standards.
10. Documentation. The applicant shall provide documentation satisfactory to the Director establishing compliance with this section.
F. Temporary Wireless Communication Facilities.
1. General Requirements for Temporary Wireless Communication Facilities. Except as provided in subsection (F)(2) of this section, Temporary Wireless Communication Facilities for Emergencies, the requirements, procedures and standards in this section shall be applicable to all applications for a temporary conditional use permit for a temporary wireless facility.
a. Applications for Temporary Wireless Communication Facilities. The Director shall not approve any temporary wireless facility subject to a temporary conditional use permit except upon a duly filed application and any other written application requirements or procedures the Director may publish in any publicly-stated format. An application must include the information required by CMC 17.54.040(E) (application), and the following additional information:
i. A site plan that shows the proposed temporary wireless facility and its equipment, physical dimensions and placement on the proposed site relative to property lines and existing structures; and
ii. An RF compliance report demonstrating compliance with applicable FCC regulations.
b. Review of Temporary Wireless Communication Facilities. Temporary conditional use permit applications for temporary wireless communication facilities are subject to the review process described in CMC 17.54.040.
c. Required Findings for Temporary Wireless Communication Facilities. The Director may approve or conditionally approve a temporary use permit for a temporary wireless facility only when the Director finds all of the following:
i. The facility meets the findings required for permits listed in CMC 17.54.040 (findings/conditions);
ii. The proposed temporary wireless facility will not exceed 50 feet in overall height above ground level;
iii. The proposed temporary wireless facility will be placed as far away from adjacent property lines as possible, or otherwise in a location that will be least likely to cause adverse impacts on adjacent properties;
iv. Any excavation or ground disturbance associated with the temporary facility will not exceed two feet below grade;
v. The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which includes without limitation compliance with maximum permissible exposure limits for human exposure to RF emissions established by the FCC;
vi. The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location;
vii. The proposed temporary wireless facility will be identified with a sign that clearly identifies (A) the site operator, (B) the operator’s site identification name or number and (C) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert power-down control over the antennas;
viii. The proposed temporary wireless facility will be removed within 30 days after the Director grants the temporary use permit, or such longer time as the Director finds reasonably related to the applicant’s need or purpose for the temporary wireless facility (but in no case longer than 90 days); and
ix. The applicant has not been denied a use permit for any permanent wireless facility in the same or substantially the same location within the previous 365 days.
d. Appeals for Temporary Wireless Communication Facilities. The appeal of temporary conditional use permit determinations for temporary wireless communication facilities are subject to the review process described in CMC 17.54.040(G), (decision/appeal).
2. Temporary Wireless Communication Facilities for Emergencies. Temporary wireless communication facilities may be placed and operated within the City without a temporary use permit only when a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part. Any temporary wireless communication facilities placed pursuant to this section must be removed within 15 days after the date the emergency is lifted. Any person or entity that places temporary wireless communication facilities pursuant to this section must send a written notice that identifies the site location and person responsible for its operation to the Director as soon as reasonably practicable.
G. Eligible Facility Requests and Collocation Facility Requests Pursuant to California Government Code Section 65850.6.
1. Applicability. This section applies to all collocations or modifications to an existing wireless facility.
2. Approval Required. An eligible facilities request shall be subject to the Director’s approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this section.
3. Other Regulatory Approvals. Approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.
4. Application Requirement. The City shall not approve any eligible facilities request except upon a duly filed application consistent with this section and any other written rules the Director may establish from time to time consistent with applicable federal law. The first procedural step shall be for the applicant to provide a written statement that explains in plain factual detail the basis under which the proposed project qualifies as an eligible facilities request along with the applicable fee to the Director. As part of this written statement the applicant must also explain in detail and provide evidence that: (a) the support structure qualifies as an existing tower or existing base station; and (b) the proposed collocation or modification does not cause a “substantial change,” as defined in 47 C.F.R. Section 1.6100(b)(7), as may be amended, to an eligible support structure. Bare conclusions without factual support shall not meet the requirements of this section. An application for a wireless communications collocation facility under California Government Code Section 65850.6(a) shall be processed in the same manner as an application for an eligible facilities request is processed, except that where the process requires justification for the approval of an eligible facilities request, the applicant shall instead provide the justification for a collocation facility under California Government Code Section 65850.6(a), and shall also describe or depict the wireless communications collocation facility as built and the proposed collocation facility at full build-out, including, but not limited to, all antennas, antenna support structures, and accessory equipment.
5. Presubmittal Conference. Before any application submittal, applicants are encouraged, but not required, to schedule and attend a preapplication meeting with the Director for all proposed modifications submitted for approval.
6. Administrative Review for Eligible Facilities Request. The Director shall administratively review an application for an eligible facilities request and act on such an application without prior notice or a public hearing within the time periods required pursuant to applicable FCC regulations, including 47 C.F.R. Section 1.6100, as may be amended.
7. Required Findings for Approval of an Eligible Facilities Request. The approval authority shall approve or conditionally approve an application submitted for an eligible facilities request when the approval authority finds that the proposed project qualifies as an eligible facilities request, and does not result in a substantial change to an eligible support structure, as set forth in 47 C.F.R. Section 1.6100(b)(7), as may be amended.
8. Required Findings for Approval of a Collocation Facility Under Section 65850.6. The approval authority shall approve or conditionally approve an application submitted for a collocation facility under California Government Code Section 65850.6 if:
a. The wireless telecommunications collocation facility that will host the proposed collocation facility:
i. Was approved after January 1, 2007, by discretionary permit;
ii. Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration;
b. The proposed collocation facility incorporates all required mitigation measures in the applicable environmental document for the wireless telecommunications collocation facility; and
c. The proposed collocation facility complies with all conditions of approval in the original wireless telecommunications collocation facility permit, including all standards for height, location, bulk, size and types of wireless telecommunication facilities allowed for a collocation facility.
9. Supplemental Conditions of Approval. In addition to all other conditions set forth in CMC 17.54.050, all approvals for an eligible facility request shall be subject to the following supplemental conditions set forth in this section:
a. Permit Term. The City’s grant or grant by operation of law of a permit for an eligible facilities request constitutes a federally mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. The City’s grant or grant by operation of law of such approval does not extend the permit term, if any, for any underlying permit, or other underlying prior regulatory authorization. Accordingly, the term for any permit issued for an eligible facilities request shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station.
b. Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 or any FCC regulation that interprets Section 6409 such that federal law would no longer mandate approval for eligible facilities requests, all permits for eligible facility requests shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize the termination of previously approved eligible facility request permits or the Director grants an extension until the end of the original permit term upon written request from the permittee that demonstrates good cause for the extension, which includes, without limitation, extreme financial hardship or that permit invalidation is prohibited under other applicable state or federal law. A permittee shall not be required to remove its improvements approved under the invalidated approval when it has submitted an application for an appropriate permit for those improvements before the one-year period ends.
c. No Waiver of Standing. The City’s grant or grant by operation of law of an approval for an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409 or any FCC rules that interpret Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012.
H. Supplemental Conditions for Small Cell Facilities. In addition to the conditions provided in CMC 17.54.050 and any supplemental conditions imposed by the approval authority, all permits for a small cell facility shall be subject to the following condition, unless modified by the approval authority:
1. No Waiver. The City’s grant of a permit for a small cell facility does not waive, and shall not be construed to waive, any ability of the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.
I. Operation and Maintenance Standards.
1. All wireless communication facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within five business days, unless the condition of the facility is considered by the Director to be a public safety emergency. In the case of a public safety emergency then the time limit to complete repairs and restoration is 48 hours. The time period shall commence:
a. After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or
b. After permittee, owner, operator, or any designated maintenance agent receives notification from a resident or the Director.
2. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial camouflage, and the facility site, shall be maintained in good condition, including ensuring the facilities are reasonably free of:
a. General dirt and grease;
b. Chipped, faded, peeling, and cracked paint;
c. Rust and corrosion;
d. Cracks, dents, and discoloration;
e. Missing, discolored, or damaged artificial foliage, or other camouflage;
f. Graffiti, bills, stickers, advertisements, litter, and debris;
g. Vandalism;
h. Broken and misshapen structural parts; and
i. Any damage from any cause.
Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instances more than 48 hours from the time of notification by the City.
3. All trees, foliage, or other landscaping elements approved as part of the facility shall be maintained in good condition at all times in accordance with the approved landscape plan, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director or designee.
4. Monopoles concealed by foliage must be maintained over time to provide for the continuing concealment of the facility. Replacement leaves and branches must match the color and architecture of the existing foliage.
5. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.
6. Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radiofrequency emissions standards.
7. Each facility shall be operated and maintained to comply at all times with the noise regulations of this section and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Director. Backup generators, if permitted, shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line.
8. Each facility shall not interfere with City communication systems.
9. If a flagpole is used for camouflaging a wireless communications facility, flags shall be flown and shall be properly maintained at all times.
10. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.
I. Cessation of Use or Abandonment.
1. A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communications services for 90 or more consecutive days.
2. The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 30 days of ceasing or abandoning use. For facilities to be located on public property, this removal requirement, and appropriate bonding requirement, shall be included within the terms of the lease. For facilities to be located on private property, since the subject property owner may be held responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease.
J. Removal and Restoration, Permit Expiration, Revocation or Abandonment.
1. Permittee’s Removal Obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless communications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.
2. Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Calistoga Municipal Code, and be grounds for:
a. Prosecution;
b. Calling of any bond or other assurance required by this section or conditions of approval of permit;
c. Removal of the facilities by the City in accordance with the procedures established under the Calistoga Municipal Code for abatement of a public nuisance at the owner’s expense; and/or
d. Any other remedies permitted under the Calistoga Municipal Code.
3. Removal of Facilities by City. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Calistoga Municipal Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City due to exigent circumstances. (Ord. 751 § 2 (Exh. A), 2021).
17.54.080 Independent technical review.
The Director is authorized in their discretion to retain an independent technical consultant to review materials submitted by the applicant and to provide an analysis of issues including, but not limited to, any technical materials submitted by the applicant. The applicant shall pay the consultant’s costs, and shall increase the deposit to cover the anticipated amount as the Director may deem necessary from time to time. (Ord. 751 § 2 (Exh. A), 2021).
17.54.090 Amateur radio service installations.
A. Purpose. The purpose of this section is to regulate amateur radio service facilities subject to licensing by the FCC, in a manner consistent with FCC regulations at 47 C.F.R. Section 97.15 and California Government Code Section 65850.3. The City finds that regulation of the size, location, height and screening of antennas is necessary for the preservation of the health, safety and welfare of the community. More stringent regulation of antennas is necessary in residential areas compared to nonresidential areas in order to preserve the appearance of the community.
B. Amateur radio service facilities requiring a license issued by the FCC to operate (i.e., a “HAM” radio transmission), including antenna structures, shall be considered a permitted use, provided there is no more than one antenna structure on a single parcel and the antenna structure does not exceed the maximum building height limits of the zoning district.
C. Exceeding the maximum height limits of the applicable zoning district, or having more than one antenna structure, shall be permitted upon first obtaining a use permit. A use permit may be granted by the Planning Commission upon a demonstration by the applicant:
1. That the antenna structures, including antennas, guy wires, support structures and accessory equipment shall be located, sized and designed so as to minimize the amount of the antenna that is visible from surrounding properties, public streets and all public rights-of-way, recognizing that complete screening may not be possible; and
2. That the proposed height or number of installations will not pose a public safety hazard; and
3. That issuance of a use permit is necessary to reasonably accommodate the desire for communication using the amateur radio service, and this desire cannot be sufficiently accommodated by a single antenna structure meeting the height limits of the applicable zoning district.
|
Telecommunications Facility |
Private Property |
Public Right-of-Way |
||
|---|---|---|---|---|
|
Residential Districts (including R-3) |
Commercial and Industrial Districts |
Other Districts, and City-owned property outside the Public Right-of-Way |
||
|
New telecommunications tower |
Not Permitted |
Conditional Use Permit |
Encroachment Permit, pursuant to Chapter 12.08 CMC |
|
|
Roof- or building-mounted facility, not visible from a public right-of-way or other property |
Conditional Use Permit |
|||
|
Roof- or building-mounted facility, visible from a public right-of-way or other property and/or located on a historic structure |
Conditional Use Permit |
|||
|
Emergency standby generator under California Government Code Section 65850.75 |
Administrative Permit |
|||
|
Backup generator other than an emergency standby generator |
Conditional Use Permit |
Permitted |
||
|
Facility with an ancillary fuel storage tank(s) to support the backup power supply |
Conditional Use Permit |
|||
|
Eligible facilities request or application for collocation facility pursuant to California Government Code Section 65850.6 |
Administrative Permit |
|||
|
Small cell facility |
Administrative Permit |
|||
|
Temporary wireless facility |
Temporary Conditional Use Permit |
|||
|
Temporary wireless facility for emergencies |
Permitted |
|||
(Ord. 751 § 2 (Exh. A), 2021).