Chapter 17.65
WIRELESS COMMUNICATION FACILITIES
Sections:
17.65.040 Approval requirements.
17.65.050 Application contents.
17.65.060 Notices of hearing/determination.
17.65.070 Location and development standards.
17.65.100 Findings for denial.
17.65.110 Standard conditions of approval.
17.65.130 Maintenance requirements.
17.65.140 “Cells on wheels” prohibited – Exceptions.
17.65.150 Abandonment and removal.
17.65.160 Violation – Penalty.
17.65.010 Intent and purpose.
The purpose of these requirements is to provide placement, design, and screening criteria to regulate the establishment of wireless communication facilities to protect the public health, safety, general welfare, and quality of life in the city, while providing needed flexibility to wireless communication providers. Additionally, these regulations protect the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communication facilities with their surroundings. This chapter shall be applied on a competitively neutral and nondiscriminatory basis to all applicants for wireless communication facilities. (Ord. 11-1996 § 2, 2011.)
17.65.020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
“Abandonment” means inoperative or unused for a period of 180 calendar days or more.
“Antenna” means that part of a wireless communication facility designed to transmit or receive radio frequency or electromagnetic signals, and includes panels, wires, poles, rods, dishes, or similar devices.
“Applicant” means a provider of wireless communication services who applies to the city to install a wireless communication facility within the city.
“Cell site” or “site” means a parcel of land (or portion thereof) or public right-of-way location that contains a wireless communication facility(ies) including any antenna, support structure, accessory building, or other components associated with, or ancillary to, the use of the wireless communication facility.
“Co-location” means the sharing of one site and infrastructure for the purpose of locating two or more wireless communication facilities.
“Mount” means the structure or surface upon which antennas are mounted.
“Project site” means the site on which an applicant proposes to construct a wireless communication facility, including any antenna, mount or support structure, accessory building, or other components associated with, or ancillary to, the use of the wireless communication facility.
“Roof- or top-mounted” means a wireless communication facility where the antennas are mounted on the roof or top of an existing building or structure that serves a purpose other than primarily as a standalone facility (i.e., utility pole or water tank).
“Side-mounted” means a wireless communication facility where the antennas are mounted on the side of an existing building or structure that serves a purpose other than primarily as a standalone facility (i.e., utility pole or water tank).
“Site plan review” means the development review process as set forth in Chapter 17.64 CMC.
“Standalone facility” means a wireless communication facility where the antennas are mounted to a dedicated ground-based structure primarily designed to elevate the antennas to a usable altitude (i.e., monopole, cell tower, etc.) There shall be a rebuttable presumption that a newly constructed ground-based structure containing a wireless communication facility is a standalone facility, even if the structure should serve other purposes (i.e., light pole, flagpole, etc.)
“Stealthed” means: (1) camouflaged, concealed or otherwise not identifiable as a wireless communication facility by a casual observer and (2) is aesthetically compatible and blends with the site and immediate surroundings. Stealthing may be achieved by any state-of-the-art means or combination of means including, but not limited to, the use of camouflage, textures, screening, painting or architectural integration with the surroundings (e.g., steeple or bell tower within a church, unobtrusive penthouse on a roof, false rock, false structure or a tree amongst other trees). For purposes of this definition, “stealth” or “stealthed” does not refer to and is not intended to be used as a trade name.
“Wireless communication facility” or “facility” means a facility for the provision of wireless communication services. (Ord. 11-1996 § 2, 2011.)
17.65.030 Applicability.
A. Except as set forth in subsection (B) of this section, the procedures and rules set forth in this chapter are applicable to all wireless communication facilities built, installed or modified within all zones of the city of Covina after the date the ordinance codified in this chapter is effective, including all wireless communication facilities built, installed or modified within all city public rights-of-way.
B. This chapter shall not apply to the following:
1. Sites where the construction, installation or modification of a wireless communication facility is subject to a lease, license or other agreement with the city; or
2. Public safety communications facilities owned or operated by the city or any other public agency (e.g., sheriff, fire, federal or state safety authorities). (Ord. 11-1996 § 2, 2011.)
17.65.040 Approval requirements.
A. No wireless communication facility shall be built, installed or modified, in the public right-of-way or on any public property in any zone, without first applying for and obtaining an encroachment permit from the director of public works. The director of public works shall review all encroachment permit applications in accordance with Chapter 11.08 CMC.
B. Except as set forth in subsection (C) of this section, no wireless communication facility shall be built, installed or modified, on any private property within the city in any zone (including the city’s right-of-way), without first applying for and obtaining a conditional use permit from the planning commission. The planning commission shall hear all conditional use permit applications at a public hearing in accordance with Chapter 17.62 CMC.
C. Notwithstanding subsection (B) of this section, applicants requesting approval for a new co-location to an existing wireless communication facility located on private property (“base facility”) shall only be required to obtain site plan review from the chief planning official, pursuant to Chapter 17.64 CMC, if all of the following apply:
1. The base facility has already received a conditional use permit;
2. The base facility has already been reviewed and approved by the city pursuant to CEQA, resulting in the preparation of a negative declaration, mitigated negative declaration, or environmental impact report (statutory and categorical exemptions for the base facility are insufficient);
3. The new co-location does not require a subsequent or supplemental environmental impact report due to substantial changes to the base facility, its site, its circumstances, or new information; and
4. The new co-location incorporates all mitigation measures that were required by CEQA for the base facility.
D. Any decision shall be subject to appeal pursuant to the following provisions of this code:
1. Decision of the planning commission with respect to a conditional use permit (to the city council): CMC 17.62.130.
2. Decision of the chief planning official with respect to site plan review (to the planning commission): CMC 17.64.080.
3. Decision of the director of public works (to the city manager): CMC 11.54.010. (Ord. 11-1996 § 2, 2011.)
17.65.050 Application contents.
Applications for the approval of wireless communication facilities shall include that information required by this code for the applicable land use approval (conditional use permit, site plan review or encroachment permit), plus the following information:
A. Contact Information. The applicant shall submit and maintain current at all times basic contact information on a form to be supplied by the city. The applicant shall notify city of any changes to the information submitted within 15 calendar days following any such change. This information shall include but is not limited to the following:
1. The identity, including name, address and telephone number, of the owner of the wireless communication facility including official identification numbers and FCC certifications and, if different from the owner, the identity of the person or entity responsible for operating the wireless communication facility;
2. Name, address and telephone number of a local contact person for emergencies and type of service provided.
B. Location and Zoning Information. Location of the project site, including the address and the names of the two nearest cross streets, as well as the present zone designation of the project site.
C. Description of the Proposed Project. A description of the proposed wireless communication facility, including whether the project is a new facility, a co-located facility, or a modification to an existing facility. If a new facility, the applicant shall include an explanation of whether the new facility will be designed to accommodate future co-locations. The applicant shall provide a written description of the stealthing measures the applicant proposes to use to aesthetically blend the facility to the immediate surroundings. This should include at minimum a description of proposed stealthing techniques, and the textures and colors to be used in the stealthing process. The applicant shall also indicate the proposed height of the facility.
D. Noise. A description of the facilities and/or equipment within the applicant’s project that are expected to induce or generate noise, as well as anticipated noise levels of said facilities and/or equipment.
E. Wireless Communication Facility Site Plan. Fifteen copies of a wireless communication facility site plan, at a scale of one inch equals 20 feet or larger and including the following:
1. The proposed wireless communication facility. If the proposed facility is to be located within or on an existing building, or involves construction of a building for housing accessory equipment, the application shall also include a floor plan showing the location of the proposed facility relative to the existing building and/or of the accessory equipment building to be constructed;
2. Location of lot lines, streets (with street names), easements, and all structures and improvements, including accessory equipment, underground utilities and support structures, existing and proposed;
3. Slopes, contours, trees and other pertinent physical features of the site, existing and proposed;
4. All exterior lighting on the site, existing and proposed;
5. Location, use and approximate distance from property lines of the nearest structures on all properties abutting the site; and
6. The location of parking for maintenance personnel.
F. Landscape Plan. Fifteen copies of a landscape plan for the site, at a scale of one-eighth inch equals one foot or larger and including the following:
1. Existing trees with trunk diameter over six inches at four feet above grade, or 15 feet in overall height, within 50 feet of the proposed wireless communication facility;
2. Species, diameter and condition of all such trees;
3. Final disposition of all existing trees; and
4. Species, location and sizes of trees and other vegetation proposed to be installed with the wireless communication facility.
G. Site Photographs. Current color photographs of the site and its surroundings.
H. Proximity Map and Information. For applications for a conditional use permit, a map depicting all properties (with street addresses) within 500 feet of the project site, a list of the names and addresses of all current owners of the depicted properties, according to the last equalized assessor’s roll, plus an affidavit indicating that the list of names and addresses described above is accurate, based upon due and diligent inquiry of the applicant. The proximity map and information set forth above shall not be required for an application for site plan review.
I. Visual Impact Analysis. A visual impact analysis (which shall include photomontage, photo simulation or similar technique) and a building elevation plan which demonstrate, from all four primary directions (north, south, east and west), the potential visual impacts of the proposed wireless communication facility. Consideration shall be given to views from public areas as well as from private property. The analysis shall assess the cumulative impacts of the proposed wireless communication facility and other existing wireless communication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed wireless communication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. The visual impact analysis shall also include a signed certification by the applicant that the proposed facility, when built, will appear as indicated in the visual impact analysis.
J. Wireless Communication Facility Mount. A description of whether the proposed facility is a co-located facility, standalone facility, roof/top-mounted, or side-mounted.
K. Justification for Location/Co-Location. The applicant must provide justification as to why the applicant chose the location for the proposed wireless communication facility. Such justification shall include a written assessment of not less than two alternative locations considered by the applicant and the reasons why said alternative locations were rejected as candidates. Further, pursuant to CMC 17.65.070(I), the applicant shall provide written evidence that it has made a good faith effort to co-locate the proposed facility with an existing facility and indicate whether co-location is or is not feasible.
L. FCC/Signal Standards. A report certified by a licensed radio frequency engineer stating that electromagnetic (EM) emissions from the proposed facility will not exceed standards set by the Federal Communications Commission (FCC).
M. Map of Applicant’s Existing Wireless Communication Facilities. A map and narrative description of all existing wireless communication facility sites used by the applicant which are located within the city, and any wireless communication facility sites located outside of the city but which provide coverage within any part of the city.
N. Coverage Assessment. A written report setting forth how and why the proposed wireless communication facility will improve the quality of the applicant’s coverage. The report shall indicate the areas where coverage will be improved, and shall also include areas where the applicant currently has no coverage, a significant degradation in coverage or “dead zones.” The report shall include a capacity analysis, a propagation analysis and/or a decibel level report to indicate the quality of service provided by the applicant both at present and after installation of the proposed wireless communication facility. Where an applicant is seeking a waiver pursuant to CMC 17.65.090, the report shall also include a percentage of dropped calls at present.
O. Licenses. Documentation certifying the applicant has obtained all applicable licenses or other approvals to provide the services proposed in connection with the application, whether required by the Federal Communications Commission, California Public Utilities Commission, or any other agency with authority over the proposed wireless communication facility.
P. Application Fee. A fee in the amount established by the current fee schedule adopted by the city council.
Q. Waiver. Any application to develop a wireless communication facility that does not meet the general requirements and restrictions of this chapter shall include a request for a waiver, as set forth in CMC 17.65.090. A request for waiver may be submitted at a later time if it is determined that the proposed facility, as originally submitted, will not meet the requirements and restrictions of this chapter. (Ord. 11-1996 § 2, 2011.)
17.65.060 Notices of hearing/determination.
Whenever this chapter requires a public hearing to be held before the planning commission, notices of hearing and determination shall be given as prescribed in CMC 17.62.100 and 17.62.110, except that the notice shall be mailed to all persons whose names and addresses appear on the latest available assessment roll of the county, or are known to the planning director/chief planning official as owning property within a distance of 500 feet from the exterior boundaries of the site. (Ord. 11-1996 § 2, 2011.)
17.65.070 Location and development standards.
A. Subject to the restrictions and requirements of this chapter, the following wireless communication facilities are allowed (“A”) or prohibited (“P”) in the following zones1:
|
Zone |
New Roof-, Top- or Side-Mounted Facilities |
Co-Locations to Existing Roof-, Top- or Side-Mounted Facilities |
Co-Locations to Existing Standalone Facilities |
New Standalone Facilities |
|---|---|---|---|---|
|
A-1 (Agricultural) |
A |
A |
A |
P |
|
A-2 (Agricultural) |
A |
A |
A |
P |
|
E-1/2 (Estate) |
A |
A |
A |
P |
|
E-1 (Estate) |
A |
A |
A |
P |
|
E-2-1/2 (Estate) |
A |
A |
A |
P |
|
E-5 (Estate) |
A |
A |
A |
P |
|
R-1-20,000 (Single-Family Residential) |
A |
A |
A |
P |
|
R-1-10,000 (Single-Family Residential) |
A |
A |
A |
P |
|
R-1-8500 (Single-Family Residential) |
A |
A |
A |
P |
|
R-1-7500 (Single-Family Residential) |
A |
A |
A |
P |
|
RD (Multiple-Family Residential) |
A |
A |
A |
P |
|
R-TP (Trailer and Mobile Home Park) |
A |
A |
A |
A |
|
R-R (Residential/Recreation) |
A |
A |
A |
P |
|
C-P (Commercial/Administrative/ Professional) |
A |
A |
A |
A |
|
C-1 (Neighborhood Commercial) |
A |
A |
A |
A |
|
C-2 (Neighborhood Shopping Center) |
A |
A |
A |
A |
|
C-3 (Central Business) |
A |
A |
A |
A |
|
C-3A (Regional/Commercial Shopping Center) |
A |
A |
A |
A |
|
C-4 (Highway Commercial) |
A |
A |
A |
A |
|
C-5 (Specified Highway Commercial) |
A |
A |
A |
A |
|
C-R (Commercial/Recreation) |
A |
A |
A |
P |
|
TC-P (Town Center Professional) |
A |
A |
A |
P |
|
TC-C (Town Center Commercial) |
A |
A |
A |
P |
|
M-1 (Light Manufacturing) |
A |
A |
A |
A |
B. Setbacks/Lot Coverage/Noninterference. Except for wireless communication facilities to be located within public rights-of-way, no facility shall be located within or extend into the required setbacks established in the applicable zone and each facility shall also comply with all applicable lot coverage and building separation standards in the applicable zone. Notwithstanding the above, all new standalone facilities proposed to be located adjacent to a residential zone shall be set back from the nearest residential zone line by a minimum distance of 150 feet; provided, however, that this minimum distance may be shorter than 150 feet if the antennas on the new standalone facility are not visible from any adjacent residential zone from the shorter distance. The setback shall be measured from that part of the standalone facility that is closest to the nearest residential zone line (i.e., the setback for a monopole would be measured from the end of the branch closest to the residential zone line).
For facilities proposed to be located within public rights-of-way, no facility shall unreasonably interfere with usual and customary access or use by pedestrians, bicycles or vehicles, or negatively impact vehicular parking, circulation, line-of-sight or safety.
C. Lights, Signals and Signs. Wireless communication facility signals, lights or signs shall be designed so as to meet but not exceed minimum requirements for Federal Aviation Administration (FAA) or other applicable federal or state regulations. Beacon lights shall not be included in the design of a facility unless required by the FAA. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on surrounding areas. Any other lighting of the facility that is not otherwise required is prohibited. No facility or its supporting equipment shall bear any sign, graphic or advertising device other than warning/safety signage or those required by this code or other applicable law.
D. Dish Antennas. Dish or parabolic antennas serving a wireless communication facility shall be situated so as to minimize visual impact without compromising their function.
E. Equipment Structures. Ground level equipment, buildings, structures, and bases shall be concealed from public view.
1. Accessory Equipment. All accessory equipment associated with the operation of a wireless communication facility on public property or in the public right-of-way shall be located inside an existing building, a new addition to an existing building or an underground vault, unless not technically feasible, at which point accessory equipment may be located within a separate above-ground enclosure. Additional cost to the applicant alone shall not constitute technical infeasibility for purposes of this subsection. All accessory equipment associated with the operation of a wireless communication facility on private property may be located inside an existing building, a new addition to an existing building, an underground vault or a separate above-ground enclosure. No separate above-ground structure may exceed six feet in height measured from the base of the foundation unless a greater height is necessary to maximize stealthing/architectural integration. All accessory equipment and structures, vaults or enclosures containing said equipment shall comply with the development standards of the zone in which the accessory equipment is located.
2. Security. Accessory equipment shall be equipped with tamper-proof cabinets and/or locks to mitigate safety siting issues. All wireless communication facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti and other conditions which would result in hazardous conditions, visual blight or attractive nuisances. Barbed wire or razor wire fencing is prohibited.
F. Building Codes. Wireless communication facilities shall comply with all applicable building codes.
G. Height. Notwithstanding any other height limitations contained in this title, wireless communication facilities may not exceed the height limitations set forth below:
1. Roof-mounted facilities (new or co-located) that are placed on an existing building, or top-mounted facilities (new or co-located) that are placed on an existing utility pole, water tank, or other similar structure may extend to, but shall not exceed, a height of eight feet above the roof or top of the building or structure;
2. Side-mounted facilities (new or co-located) that are placed on an existing building, or on an existing utility pole, water tank, or other similar structure may not extend beyond the height of the existing building or structure;
3. Facilities co-located on an existing standalone facility may not extend beyond the height of the existing standalone facility; and
4. New standalone facilities may not exceed 55 feet in height.
Any applicant that proposes to construct or co-locate a wireless communication facility that would exceed the applicable height limitations set forth above must request a waiver pursuant to CMC 17.65.090.
H. Signal/Power Cables. All wireless communication facility cables, wires or similar electrical transmission devices must be placed underground, be placed within the existing building or structure or in cableways, and must be properly stealthed to the maximum extent possible.
I. Co-Location Requirements.
1. Co-Location. Where feasible, owners or operators shall share sites where wireless communication facilities are already located, thereby reducing the number of new facilities.
2. Good Faith Effort. All applicants shall demonstrate a good faith effort to co-locate with existing facilities. The city may deny an approval to an applicant who has not demonstrated a good faith effort to co-locate with an existing facility. Such good faith effort includes written evidence by the applicant of:
a. Contact with all other licensed carriers for facilities within the area of proposed coverage.
b. Sharing nonproprietary technical information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
In the event the applicant determines that co-location is not feasible, the applicant shall include with its application a written statement of the reasons why co-location is not feasible. In the event the applicant determines that co-location is feasible, the applicant shall include provisions for co-location of its facility in its application.
3. Numerical Limits on Co-Location. Not greater than three facilities shall be co-located upon any single site.
4. All co-located facilities upon a site shall be architecturally coordinated and stealthed consistently with each other.
J. Parking. Any wireless communication facility and associated accessory equipment shall not reduce the number of available parking spaces below the amount required by this code, nor shall they obstruct any required drive aisle or corner cutback (i.e., line-of-sight) area.
K. FCC Requirements. All existing and future wireless communication facilities shall meet all applicable FCC emissions and exposure standards for electromagnetic (EM) radiation, and all required notices and signs shall be posted on the site as required by the FCC and PUC.
L. Noise. All wireless communication facilities must comply with all existing noise ordinances of the city, but in no case shall any facility generate sound in excess of: (1) 50 dB CNEL at the property line of the nearest residential use, or (2) 65 dB CNEL at the property line of the nearest nonresidential use. (Ord. 11-1996 § 2, 2011.)
17.65.080 Design criteria.
A. Preexisting Character. Wireless communication facility location and development shall preserve the preexisting character of the site as much as feasible.
B. Landscaping and Vegetation. Existing landscaping and vegetation, including trees, foliage and shrubs, whether or not utilized for stealthing, shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless removing, altering or disturbing the vegetation would result in less visual impact of the wireless communication facility on the surrounding area. Additional landscaping shall be planted where such vegetation is necessary to provide stealthing or to block the line of sight between a facility and adjacent residentially zoned properties. If landscaping is removed to install the facility, landscaping shall be replaced on the site at a one and one-half to one ratio for the landscaping removed.
C. Stealthing. All wireless communication facilities shall be stealthed from view to the greatest extent feasible, considering technological requirements, by means of placement, camouflage, color choice, architectural compatibility and other site characteristics. The applicant shall use the smallest and least visible antennas and supporting equipment possible to accomplish the owner/operator’s coverage objectives. The applicant shall also integrate the wireless communication facility so that it is most compatible with the site (including buildings and structures thereon) and with the area surrounding the site.
D. Blending/Stealthing Methods.
1. All standalone facilities, plus supporting equipment, shall be composed of nonreflective materials and painted a color generally matching the surroundings or background that minimizes their visibility, unless the FCC, FAA, or other government agency requires a different color. If a new standalone facility cannot be camouflaged in any other way, it shall be camouflaged as a tree (i.e., monopalm, monopine), flagpole, light pole or similar structure. Lattice towers and guyed towers shall not be permitted as new standalone facilities, except by waiver granted pursuant to CMC 17.65.090. Visible ground level equipment, structures and buildings shall be stealthed from view by landscape plantings, fencing or other appropriate stealthing means, and shall be treated with graffiti-resistant paint or coating.
2. Roof-mounted, top-mounted or side-mounted wireless communication facilities shall be constructed, painted, finished and fully stealthed to match the color and texture of the building, structure and/or wall on which they are mounted. Facade-mounted equipment shall be camouflaged by incorporating the antenna into the design elements of the building or structure and shall be painted and textured to match the existing structure. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. In no case shall antennas extend more than 24 inches out from the building face.
Equipment buildings or stealthing enclosures mounted on a roof shall be architecturally consistent with the building, such as having a finish similar to the exterior building walls. Equipment for roof-, top- or side-mounted antennas may also be located within the building on which the antenna is mounted.
3. The city council may, by resolution, promulgate additional regulations that further define and clarify the stealthing requirements of this subsection, consistent with the intent and purpose of this chapter. (Ord. 11-1996 § 2, 2011.)
17.65.090 Waiver request.
A. Waiver. A waiver of any of the location, design or other requirements and restrictions set forth in this chapter may be granted by the planning commission, chief planning official or director of public works, whichever is applicable, upon the request of the applicant, where the applicant demonstrates that such restriction or requirement either:
1. Prohibits or has the effect of prohibiting the provision of wireless communication services pursuant to the United States Telecommunications Act of 1996 (47 USC 332(c)(7)(B)(i)(II)); or
2. Unreasonably discriminates against the applicant when compared to other providers within the city who are providing functionally equivalent wireless communication services pursuant to the United States Telecommunications Act of 1996 (47 USC 332(c)(7)(B)(i)(I)).
B. Independent Consultant. Any application for a waiver shall include the applicant’s authorization for the city to retain the services of an independent, qualified consultant, at the applicant’s expense, to evaluate the issues raised by the waiver request. The application shall include a monetary deposit, as set by resolution of the city council, and an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. (Ord. 11-1996 § 2, 2011.)
17.65.100 Findings for denial.
Any decision to deny, in whole or in part, a conditional use permit, site plan review or encroachment permit to place, construct or modify a wireless communication facility shall be in writing and supported by substantial evidence contained in the written record.
A. A conditional use permit, site plan review or encroachment permit, whichever is applicable, shall be approved unless it is determined that:
1. The applicant has failed to provide any information required in CMC 17.65.050;
2. The proposed wireless communication facility fails to comply with the criteria of CMC 17.65.070 and 17.65.080;
3. In the case of a conditional use permit, the planning commission cannot make the findings required by CMC 17.62.120, in the case of a site plan review, the chief planning official cannot make the findings required by CMC 17.64.070, or in the case of an encroachment permit, the director of public works has grounds for denial pursuant to CMC 11.08.120;
4. In the case of a new wireless communication facility, co-location at a site with an existing wireless communication facility is feasible.
B. Any decision to deny, in whole or in part, a conditional use permit, site plan review or encroachment permit to place, construct or modify a wireless communication facility shall also indicate one of the following:
1. The applicant did not request a waiver from the requirements of this chapter; or
2. The applicant did request a waiver from the requirements of this chapter, but failed to present sufficient evidence that the requirements and restrictions of this chapter either have the effect of prohibiting wireless communication services or unreasonably discriminate against the applicant, pursuant to CMC 17.65.090. (Ord. 11-1996 § 2, 2011.)
17.65.110 Standard conditions of approval.
In addition to conditions of approval which may be imposed in order to ensure compliance with this code, the following standard conditions shall be imposed on any conditional use permit, site plan review or encroachment permit issued pursuant to this chapter:
A. The applicant shall defend, indemnify and hold harmless the city and its officers, agents and employees from any claim, action or proceeding against the city or its officers, agents or employees to attack, set aside, void or annul any approval under this chapter. The applicant shall further defend, indemnify and hold harmless the city, its officers, agents and employees from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the applicant, its agents, employees, licensees, contractors, subcontractors or independent contractors, pursuant to the approval issued by the city.
B. For all wireless communication facilities located within the public right-of-way, the applicant shall remove or relocate, at applicant’s expense and without expense to the city, any or all of its wireless communication facilities, by reason of any change in grade, alignment or width of any public right-of-way, installation of services, water pipes, drains, storm drains, lift stations, power or signal lines, traffic control devices, public right-of-way improvements, or any other construction, repair or improvement to the public right-of-way.
C. Where a wireless communication facility site is capable of accommodating a co-located facility upon the same site, the owner or operator of the existing facility shall allow another carrier to co-locate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
D. The applicant shall, within 90 days after commencing wireless communication facility operations, submit a written report to the city prepared by a qualified engineer, certifying that the facility continues to comply with all applicable federal, state and local regulations. Thereafter, the applicant shall submit a written report to the city within 30 days after termination of any FCC, PUC or other federal or state operating license for the wireless communication facility.
E. Prior to commencing operations of a wireless communication facility, the owner or operator shall file with the city, and shall maintain in good standing throughout the term of its approval, a bond or other sufficient security in an amount equal to the cost of physically removing the wireless communication facility and all related facilities and equipment on the site, as determined by the chief planning official or director of public works, whichever is applicable. However, the city may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this subsection. In setting the amount of the bond or security, the chief planning official or director of public works, whichever is applicable, shall take into consideration the applicant’s estimate of removal costs. (Ord. 11-1996 § 2, 2011.)
17.65.120 Revocations.
A. At any time, the city may initiate proceedings to revoke an approval issued pursuant to this chapter.
B. In addition to those provisions applicable to conditional use permits, site plan review and encroachment permits, the following shall also constitute grounds for revocation of an approval issued pursuant to this chapter:
1. The owner or operator has abandoned the wireless communication facility; or
2. The wireless communication facility is no longer in compliance with its respective conditions of approval, with the requirements of this chapter, or with any other applicable law; or
3. The wireless communication facility is no longer in compliance with applicable FCC or FAA regulations.
C. The city council may revoke a conditional use permit only after holding a noticed public hearing in accordance with CMC 17.62.170. The city council may revoke a site plan review only by following those procedures set forth in CMC 17.64.160. The director of public works may revoke an encroachment permit only by following those procedures set forth in CMC 11.08.120.
D. After a final revocation decision has been rendered, the owner or operator of the wireless communication facility shall terminate operations and remove the wireless communication facility from the site in accordance with CMC 17.65.150.
E. Any decision of the planning commission or chief planning official may be appealed pursuant to CMC 17.65.040(D). Any decision of the director of public works may be appealed pursuant to CMC 11.54.010. (Ord. 11-1996 § 2, 2011.)
17.65.130 Maintenance requirements.
All wireless communication facilities shall comply at all times with the following operation and maintenance standards:
A. Equipment. All facilities, including antennas, mounts, wires, conduit, lighting, fences, shields, cabinets, poles and stealthing materials (including artificial foliage), shall be maintained by the owner or operator in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as practicable so as to maintain the facility’s original appearance and to minimize occurrences of dangerous conditions or visual blight. All trash, debris, litter and graffiti shall be removed by the owner/operator within 48 hours following notification from the city.
B. Landscaping. Each facility and site which contains trees, foliage or other landscaping elements, whether or not used as stealthing, shall be maintained in good condition at all times, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as soon as practicable, and in accordance with the approved landscape plan.
C. Inspections. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this chapter. Further, the chief planning official, director of public works, or designee may, upon providing reasonable advance notice to the owner or operator, conduct an inspection of a facility to verify compliance with the provisions of this chapter.
D. To ensure compliance with this chapter, the owner or operator of a facility shall affix a label or marker to the facility in a prominent location that identifies the facility and provides a telephone number that may be called to report any damage, destruction, graffiti or vandalism to the facility.
E. Backup Generators. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 11-1996 § 2, 2011.)
17.65.140 “Cells on wheels” prohibited – Exceptions.
“Cells on wheels” or other mobile wireless communication facilities are prohibited in all zones, except for the following:
A. Telecommunications Emergency. Throughout the duration of a telecommunications emergency declared by the city; or
B. Special Events. During a special event within the city requiring enhanced telecommunications coverage, provided said event does not exceed three total days of operation within any three-month period and provided further that the applicant first obtains an administrative conditional use permit pursuant to CMC 17.62.190. (Ord. 11-1996 § 2, 2011.)
17.65.150 Abandonment and removal.
A. Notice of Abandonment. Where an owner or operator intends to abandon a wireless communication facility or portion thereof, the owner or operator shall notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operations and the date the facility shall be removed. The notice shall be given not less than 60 days prior to abandonment. Failure to give notice shall not affect the owner’s or operator’s obligation to remove an abandoned facility.
B. Removal Due to Utility Undergrounding. All facilities located on a utility pole or structure shall be promptly removed at the owner’s or operator’s expense at the time a utility is scheduled to be undergrounded.
C. Removal. Upon abandonment, revocation, or other lawful order of any federal, state or local agency to terminate facility operations, the owner or operator shall physically remove the facility or terminated/abandoned elements within 30 days following the date of abandonment or termination of use. “Physically remove” shall include, but not be limited to:
1. Removal of antennas, mounts, equipment cabinets and security barriers from the subject site;
2. Transportation of the antennas, mounts, equipment cabinets and security barriers to an appropriate repository;
3. Restoring the site to its prior condition except for retaining the landscaping improvements and any other improvements at the discretion of the planning director.
D. Stay. The chief planning official or director of public works, whichever is applicable, may stay the requirement to remove an abandoned/terminated wireless communication facility upon written request and evidence submitted by the owner or operator that another wireless provider is in reasonable negotiations to acquire and use the wireless communication facility.
E. If an owner or operator of an abandoned wireless communication facility fails to physically remove the facility and all related equipment within the time frames set forth herein, the city may do so at the owner/operator’s expense. The city may pursue forfeiture of all or a part of any bond or other security posted by the owner/operator pursuant to CMC 17.65.110(E). (Ord. 11-1996 § 2, 2011.)
17.65.160 Violation – Penalty.
A. Any owner or operator of a wireless communication facility that violates the terms of this chapter shall be guilty of a misdemeanor, punishable in accordance with Chapter 1.16 CMC.
B. Civil Action/Nuisance Abatement. In addition to the above, if an owner or operator of a wireless communication facility violates the terms of this chapter, the city may pursue any and all civil remedies available at law or equity, including but not limited to injunctive relief or initiation of a nuisance abatement action pursuant to Chapter 8.40 CMC.
C. Costs of Action. All costs of taking action to enforce the terms of this chapter shall be the responsibility of the owner or operator of the wireless communication facility. (Ord. 11-1996 § 2, 2011.)
Applicants wishing to locate a wireless communication facility where it is otherwise prohibited by this section must request a waiver as set forth in CMC 17.65.090.