SECTION 25.33
WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
25.33.4 Wireless Telecommunications Facility Permit Required
25.33.5 Classification of Facilities and Permit Requirements
25.33.6 Application for Permit
25.33.7 Location and Configuration Preferences
25.33.8 Design and Development Standards for All Facilities
25.33.9 Additional Design and Development Standards for Facilities Outside the Public Right-of-Way
25.33.10 Additional Design and Development Standards for Facilities in the Public Right-of-Way
25.33.11 Conditions of Approval for All Facilities
25.33.12 Additional Conditions of Approval for Facilities in the Public Right-of-Way
25.33.13 Findings – Conditional Use Permits
25.33.19 Operation and Maintenance Standards
25.33.20 No Dangerous Conditions or Obstructions Allowed
25.33.22 Effect on Other Ordinances
25.33.1 Purpose
The purpose and intent of this section is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of Wireless Telecommunications Ffacilities in the City of Fairfield. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with Wireless Telecommunications Facilities. These regulations are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced Wireless Services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This section provides standards necessary to: (1) preserve and promote harmonious land uses and the Public Right-of-Way in the city; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the city consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of Wireless Telecommunications Facilities in accordance with the state and federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of Wireless Telecommunications Facilities. Further specific design and deployment standards and guidelines for Small Cell Wireless Facilities may be promulgated by the Director of Public Works and/or the Director of Community Development (Community and Economic Development), from time to time, pursuant to this section.
This section 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 or regulation for Rights-of-Way management; (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 radio frequency emissions to the extent that such Wireless 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. (Ord. No. 2021-09, § 3.)
25.33.2 Definitions
For the purposes of this section, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.
A. “Accessory Equipment” means any Equipment associated with the installation of a Wireless Telecommunications Facility, including but not limited to cabling, generators, air conditioning units, electrical panels, Equipment shelters, Equipment cabinets, Equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
B. “Antenna” means that part of a Wireless Telecommunications Facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, Cellular, paging, personal communications services (PCS), and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
C. “Base Station” means the same as defined by the FCC in 47 C.F.R. § 1.6100 (b)(1), as may be amended, which defines that term as a structure or Equipment at a fixed location that enables commission-licensed or authorized wireless communications between user Equipment and a communications network. The term does not encompass a Tower as defined in this subpart or any Equipment associated with a Tower.
1. The term includes, but is not limited to, Equipment associated with Wireless Communications Services such as private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable Equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
3. The term includes any structure other than a Tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses Equipment described in subsections (C)(1) or (2) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house Equipment described in subsections (C)(1) or (2) of this section.
D. “Building-mounted” means mounted to the side or facade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.
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. § 1.6100(b)(2), as may be amended, which defines that term as the mounting or installation of Transmission Equipment on an Eligible Support Structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.
G. “Concealed Facility” means a communications facility which is designed to blend with the surrounding environment. Typically a Concealed Facility is architecturally integrated into a building or structure such as a panel integrated into the railing of a balcony or stairway; the design of the Antennas is visually integrated into the building or structures or visually compatible with the building or structure design; a panel or panels placed on the inside of a sign; or is freestanding and, as an example, is designed to resemble a tree or other natural structure.
H. “Eligible Facilities Request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as any request for Modification of an Existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station, involving: (i) Collocation of new Transmission Equipment; (ii) removal of Transmission Equipment; or (iii) replacement of Transmission Equipment.
I. “Eligible Support Structure” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as any Tower or Base Station as defined in this section, provided that it is Existing at the time the relevant application is filed with the state or local government under this section.
J. “Equipment” means Antennas and any associated utility or Equipment box, and battery backup, transmitters, receivers, radios, amplifiers, ancillary fiber-optic cables and wiring, and ancillary Equipment for the transmission and reception of radio communication signals for video, voice, and other data transmission, including the means and devices used to attach Equipment to a structure, peripherals, and ancillary Equipment and installations, including wiring, cabling, power feeds, and any approved signage attached to Equipment.
K. “Existing” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which provides that a constructed Tower or Base Station is Existing for purposes of the FCC’s Section 6409(a) regulations 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.
L. “FCC” means the Federal Communications Commission or its duly appointed successor agency.
M. “Modification” means any change to an Existing Wireless Telecommunications 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.
N. “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.
O. “Personal Wireless Services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed Wireless Services, and common carrier wireless exchange access services.
P. “Personal Wireless Service Facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide Personal Wireless Services.
Q. “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 Fairfield Zoning Code. Poles are typically installed by public or private utilities to distribute electricity or communications signals and are typically although not exclusively found within Public Rights of Way. Pole is distinguished here from “Monopoles” (defined above) or Towers.
R. “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.
S. “Reviewing Authority” means the person or body who has the authority to review and either grant or deny a Wireless Telecommunications Facility permit pursuant to this section.
T. “RF” (or “EMF”) means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.
U. “Roof-mounted” means mounted directly on the roof of any building or structure, above the eave line of such building or structure.
V. “Section 6409(a)” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as such law may be amended from time to time.
W. “Section 6409(a) Approval” means the approval required by Section 6409(a).
X. “Site” means the same as defined by the FCC in 47 C.F.R. § 1.40001(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.
Y. “Substantial Change” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term differently based on the particular Wireless Facility type (Tower or Base Station) and location (in or outside the Public Right-of-Way). For clarity, this definition organizes the FCC’s criteria and thresholds for a Substantial Change according to the Wireless Facility type and location.
1. For Towers outside the Public Rights-of-Way, a Substantial Change occurs when:
a. the proposed Collocation or Modification increases the overall height of the Tower more than 10% or 20 feet (whichever is greater); or
b. the proposed Collocation or Modification increases the width of the Tower more than 20 feet; or
c. the proposed Collocation or Modification involves the installation of more than the standard number of Equipment cabinets for the technology involved, not to exceed four; or
d. the proposed Collocation or Modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless Tower, including any access or utility easements currently related to the Site.
2. For Towers in the Public Rights-of-Way and for all Base Stations, a Substantial Change occurs when:
a. the proposed Collocation or Modification increases the overall height more than 10% or 10 feet (whichever is greater); or
b. the proposed Collocation or Modification increases the width more than 6 feet from the edge of the wireless Tower or Base Station; or
c. the proposed Collocation or Modification involves the installation of any new Equipment cabinets on the ground when there are no Existing ground-mounted Equipment cabinets; or
d. the proposed Collocation or Modification involves the installation of any new ground-mounted Equipment cabinets that are ten percent (10%) larger in height or volume than any Existing ground-mounted Equipment cabinets; or
e. the proposed Collocation or Modification involves excavation outside the area in proximity to the structure and other Transmission Equipment already deployed on the ground.
3. In addition, for all Towers and Base Stations wherever located, a Substantial Change occurs when:
a. the proposed Collocation or Modification would defeat the Existing concealment elements of the support structure, as determined by the Director Of Public Works Or The Director Of Community Development (Community And Economic Development), as applicable; or
b. the proposed Collocation or Modification violates a prior condition of approval, provided however that the Collocation need not comply with any prior condition of approval related to height, width, Equipment cabinets or excavation that is inconsistent with the thresholds for a Substantial Change described in this section.
4. “Substantial Change” is deemed to occur when any one of the thresholds above is exceeded. The thresholds for height increases are cumulative limits.
a. For Sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless Equipment not included in the original design.
b. For Sites with vertically separated deployments, the cumulative limit is measured from the permitted Site dimensions as they existed on February 22, 2012 – the date that Congress passed Section 6409(a).
Z. “Small Wireless Facility” means those facilities defined by 47 C.F.R. Section 16002(l) as may be amended and subject to the regulations as set forth in this Section 25.33.
AA. “Telecommunications Tower” or “Tower” means a freestanding mast, Pole, Monopole, guyed Tower, lattice Tower, free standing Tower, or other structure designed and primarily used to support Wireless Telecommunications Facility Antennas.
AB. “Transmission Equipment” means the same as defined by the FCC in 47 C.F.R. § 1.40001(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.
AC. “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 or other utility services regulated by the California Public Utilities Commission.
AD. “Wireless Services” means any FCC-licensed or authorized Wireless Communication Service transmitted over frequencies in the electromagnetic spectrum.
AE. “Wireless Telecommunications Facility” means any facility constructed, installed, or operated for Wireless Service. “Wireless Telecommunications Facility” 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.
AF. “Director of Public Works” means the city Director Of Public Works.
AG. “Director of Community Development” means the department head in charge of the Community Development Department. (Ord. No. 2021-09, § 3.)
25.33.3 Applicability
This section applies to all Wireless Telecommunications Facilities as follows:
A. All facilities for which applications were not approved prior to the effective date of this section shall be subject to and comply with all provisions of this section.
B. All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this section governing the operation and maintenance, cessation of use and abandonment, removal and restoration of Wireless Telecommunications Facilities and Wireless Telecommunications Collocation Facilities and the prohibition of dangerous conditions or obstructions by such facilities; provided, however, that in the event a condition of approval conflicts with a provision of this section, the condition of approval shall control unless and until the permit is amended or revoked.
C. Public Utilities. Notwithstanding any provision of the Fairfield Municipal Code to the contrary, provisions governing the installation of a public utility facility or Accessory Equipment shall not apply to Wireless Telecommunications Facilities. This Section 25.33 shall govern all applications for Wireless Telecommunications Facilities.
D. Exempted Facilities. The following facilities are exempt from the requirements of this Section 25.33, and may be located in any zoning district, except property within a designated historic district, or a designated historic building:
1. Mobile news services providing public information coverage of news events of a temporary nature, not to exceed a time period of 72 hours.
2. Temporary facilities, including mobile facilities such as Cellular-on-Wheels (COWs) or Cellular-on-Light-Trucks (COLTs), for a time period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster the Director Of Community Development shall be responsible for determining whether an event qualifies as a community-wide emergency or natural disaster and has the authority to approve extensions of time for good cause shown, not to exceed two 60-day extensions.
3. No more than two ground- or Building-mounted receive-only radio or television Antennas including any mast, for the sole use of the tenant occupying a residential parcel on which they are located, with a height not exceeding that established for the appurtenant zone district.
4. Temporary testing facilities to establish the necessary height of a permanent telecommunication tower facility, not to exceed a time period of 48 hours.
5. A ground- or Building-mounted citizens band or other radio Antenna with a height not exceeding that established for the applicable zoning district. All citizens band and other radio Antennas lawfully in existence at the time of adoption of this Ordinance shall also be considered exempt from this section. Where applicable, building permits shall be required for freestanding radio Antennas.
6. In a commercial or industrial zoning, up to three Antennas or three dishes, not exceeding eight feet in diameter, for the sole use of the occupant of the subject property, provided all structures are completely screened from view from the Public Right-of-Way and from adjacent property.
7. Amateur radio station facilities, provided all Antennas and supporting structures meet the following requirements:
a. Only one amateur radio station facility shall be installed on any single parcel, and all fixed radio Equipment, Antennas and Antenna support structures so installed shall be included as part of that single facility.
b. All fixed radio Equipment, Antennas and Antenna support structures shall comply with setback, lot coverage and other standards, except height, required in the zone district where it is located.
c. In all residential zone districts, the height of the supporting Tower shall not be more than 35 feet above natural grade when the station is not in use, and not more than 75 feet above natural grade when the station is in use.
d. In non-residential zone districts, the height of the supporting Tower shall not be more than 75 feet above natural grade at any time.
e. Multiple Antennas shall be grouped so as not exceed 16 square feet in area where feasible.
8. Facilities owned and operated by public agencies and utility companies that are receive-only or receive-and-transmit telemetry station Antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations or irrigation systems, provided the heights of such facilities do not exceed 35 feet, and any dish which does not exceed 24 inches in diameter.
9. Temporary facilities for use during the repair or reconstruction of the Existing building or other Existing nonresidential structure for up to 60 days, provided that they are no taller than the Existing facilities and can demonstrate compliance with Federal RF guidelines. The Director is authorized to grant extensions of time for good cause shown.
Any facilities exempted from Section 25.33 shall nonetheless obtain any required building permits. (Ord. No. 2021-09, § 3.)
25.33.4 Wireless Telecommunications Facility Permit Required
A. Permit required. No Wireless Telecommunications Facility shall be located or modified within the City on any property, including the Public Right-of-Way, without the issuance of a permit as required by this section as set forth in the table below. Such permit, which shall be referred to as a “Wireless Telecommunications Facility Permit,” shall be in addition to any other permit required pursuant to the Fairfield Municipal Code.
1. Installation in Public Right of Way. Wireless telecommunication permits for installations in the Public Right of Way shall be issued by the Department of Public Works through the encroachment permit process, subject to the procedures of this section.
2. Installation Outside the Public Right of Way. Wireless telecommunication permits for installations outside the Public Right of Way, including on City-owned land, shall be issued as a zoning entitlement by the Community Development Department, subject to the procedures of this section. (Ord. No. 2021-09, § 3.)
25.33.5 Classification of Facilities and Permit Requirements
For the purposes of this section, Wireless Telecommunication Facilities shall be grouped into one of the following four categories: Exempt, Minor, or Major, and within the Public Right-of-Way or located on City property.
A. Exempt Facilities. Exempt Facilities are those Wireless Facilities exempted from this ordinance by Section 25.33.3.D. above. All Exempt Facilities shall require zoning clearance in accordance with Section 25.40.2, unless it is specified in this article that no approval is required.
B. Minor Facilities. Wireless Telecommunication Facilities are Minor Facilities if they are proposed to be located outside the Public Right of Way and/or meet the definition of “Concealed Facility” contained in Section 25.33.2.G. Unless otherwise made applicable below, this section does not apply to new freestanding structures and flagpoles. Minor Facilities shall require a minor discretionary review approval from the Community Development Department.
C. Major Facilities. A Wireless Telecommunication Facility that is proposed to be located outside the Public Right of Way and that does not meet the definition of an Exempt Facility or a Minor Facility is a Major Facility. Examples include new freestanding Monopoles or Towers, or any Wireless Telecommunication Facility not designed as a Concealed Facility. All Major Facilities shall require conditional use permit (CUP) approval from the zoning administrator unless the Director determines that the project is of scope or scale to warrant full public review before the planning commission in accordance with the procedures and findings established in Section 25.40.5 of this Ordinance.
D. Facilities within the Public Right of Way. A Wireless Telecommunication Facility may be located in the Public Right-of-Way subject to the requirements of an encroachment permit and the standards and requirements of this Ordinance, City policies including its Small Cell Design and Deployment Standards, and any leases or agreements entered into with the City proposed by the applicant.
No approval granted under this section shall confer any exclusive right, privilege, license, or franchise to occupy or use the Public Right-of-Way of the City for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title. (Ord. No. 2021-09, § 3.)
25.33.6 Application for Permit
A. Application content. All applications for a permit required by this section must be made in writing on such form as the Director of Public Works and the Director of Community Development prescribes for their respective departments. Applications shall include the following information, in addition to all other information determined necessary by the Director of Public Works or the Director of Community Development.
1. Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.
2. The type of facility, including a full written description of the proposed facility, its purpose and specifications.
3. A detailed Site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the Director of Public Works.
4. Photographs of facility Equipment and an accurate visual impact analysis with photo simulations.
5. Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals required by the FCC.
6. If the application is for a facility that will be located within the Public Right-of-Way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the Right-of-Way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.
7. A written description identifying the geographic service area for the subject installation. As part of a master lease agreement negotiated by the applicant and the City, the City may require information on anticipated future installations and Modifications.
8. A written report that analyzes acoustic levels for the proposed Wireless Telecommunications Facility and all associated Equipment including without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with any noise control provisions in the Fairfield Municipal Code. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed Equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the Equipment manufacturer that the ambient noise emitted from all the proposed Equipment will not, both individually and cumulatively, exceed the applicable limits.
9. If the applicant claims it requires an exception to the requirements of this section, all information and studies necessary for the City to evaluate that claim.
10. An application and processing fee and a deposit for a consultant review as set forth in paragraph (2) of this section.
11. Any other studies or information determined necessary by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be.
12. All materials required by Section 25., Article I, Section 25.40.4 “Minor Discretionary Review,” and/or Section 25, Article I Section 25.40.6 “Conditional Use Permit” if applicable.
B. Independent expert. The Director of Public Works and/or the Director of Community Development (Community and Economic Development), as applicable, is authorized to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a Wireless Telecommunications Facility to review the technical aspects of the application, including but not limited to the following matters:
1. The accuracy, adequacy, and completeness of submissions.
2. Compliance with applicable radio frequency emission standards.
3. The validity of conclusions reached or claims made by applicant.
The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. (Ord. No. 2021-09, § 3.)
25.33.7 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 Telecommunication Facilities in the City, provided that nothing in this section shall be construed to permit a Wireless Telecommunication 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 Telecommunication 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 Telecommunication Facilities located outside the Public Right of Way from most preferred to least preferred is:
1. Collocation with Existing facilities.
2. Building-mounted.
3. Roof-mounted.
4. Mounted on a new Telecommunication Tower.
The order of preference for the configuration of Wireless Telecommunications Facilities within the Public Right of Way from most preferred to least preferred is:
1. Mounted on an Existing Pole or Utility Pole.
2. Mounted on a new Pole or Utility Pole replacing an Existing Pole or Utility Pole.
3. Mounted on a new Pole or Utility Pole that meets the spacing and separation requirements of this Section 25.33.
D. Order of Preference – Location. Locational preferences for Wireless Telecommunications Facilities from most preferred to least preferred is:
1. Non-Residential zones.
2. In the Public Right-of-Way, with Non-Residential zones as closest adjacent zone.
3. Any Public Right-of-Way.
4. Any other zone.
E. Accessory Equipment. In order of preference from most preferred to least preferred, Accessory Equipment for Wireless Telecommunication Facilities and Wireless Telecommunications Collocation Facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the Reviewing Authority finds that another location is preferable under the circumstances of the application. (Ord. No. 2021-09, § 3.)
25.33.8 Design and Development Standards for All Facilities
A. Basic requirements. The design and development standards set forth in this section apply to all Wireless Telecommunications Facilities no matter where they are located. Wireless telecommunications 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.
B. No speculative facilities. A Wireless Telecommunications Facility, Wireless Telecommunications Collocation Facility, or a Telecommunications Tower, which is built on speculation and for which there is no wireless tenant is prohibited within the City.
C. General guidelines. The applicant shall employ least intrusive design possible and minimize facility footprint within in the Right-of-Way as possible but in no event shall exceed the limits, or extend beyond the Public Right-of-Way into private property, prescribed in this section unless otherwise permitted in writing by the public works city engineer.
D. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
E. Antennas. The applicant shall use the least visible Antennas possible to accomplish the coverage objectives. 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.
F. Landscaping. Where appropriate, facilities shall be installed so as to maintain and enhance Existing landscaping on the Site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the City to provide screening or to block the line of sight between facilities and adjacent uses.
G. Signage. Wireless Telecommunications Facilities and Wireless Telecommunications Collocation Facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.
H. Lighting. No Wireless Telecommunications Facility may be illuminated unless either specifically required by the Federal Aviation Administration or other government agency or in association with the illumination of an athletic field on City or school property. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as Telecommunications Towers, lattice Towers, and Monopoles.
I. Noise. All Wireless Telecommunication Facilities must comply with the applicable Noise Regulations prescribed by Article 5 of Section 25 as well as the following regulations:
1. Each Wireless Telecommunications Facility and Wireless Telecommunications Collocation Facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.
2. Backup generators shall only be operated during periods of declared public service power interruptions and other power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.
J. Security. Each Wireless Telecommunications Facility and Wireless Telecommunications Collocation Facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, unauthorized climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The Reviewing 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.
K. Modification. At the time of Modification of a Wireless Telecommunications Facility, Existing Equipment shall, to the extent feasible, be replaced with Equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the Equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. (Ord. No. 2021-09, § 3.)
25.33.9 Additional Design and Development Standards for Facilities Outside the Public Right-of-Way
A. Basic Requirements. Facilities located outside the Public Right-of-Way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.
B. No parking interference. In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required.
C. Roof-mounted facilities. Roof-mounted facilities shall be designed and constructed to be fully concealed or screened in a manner compatible with the Existing architecture of the building the facility is mounted to in color, texture, and type of material. Screening shall not increase the bulk of the structure nor alter the character of the structure.
D. New Telecommunications Towers. New Telecommunications Towers shall be located in close proximity to Existing above-ground utilities, such as electrical Towers or Utility Poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light Poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.
1. Telecommunications Tower, including, but not limited to, attached Antennas and Equipment, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and potential future co-locators and meet FCC requirements. The applicant shall provide documentation satisfactory to the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, establishing compliance with this paragraph. In any event, facilities mounted to a Telecommunications Tower shall not exceed the applicable height limit for structures in the applicable zoning district.
2. Aside from the Antenna itself, no additional Equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the Telecommunications Tower and as feasible without jeopardizing the physical integrity of the Tower.
3. Monopole installations shall be situated so as to utilize Existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.
4. All visible Antenna components and Accessory Wireless Equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or Existing architectural elements so as to visually blend in with the surrounding development. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures to the satisfaction of the Community Development Department.
5. If a faux tree is proposed for the Monopole installation, it shall be of a type of tree compatible with those Existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.
E. Accessory Equipment. All Accessory Equipment associated with the operation of any Wireless Telecommunications Facility shall be fully screened or camouflaged using subdued colors (earth tone, gray and/or flat finish), and located in a manner to minimize their visibility to the greatest extent possible utilizing the following methods for the type of installation:
1. Accessory Equipment for Roof-mounted facilities shall be installed inside the building to which it is mounted or underground, if feasible. If not feasible, such Accessory Equipment may be located on the roof of the building that the facility is mounted on, provided that both the Equipment and screening materials are painted the color of the building, roof, or surroundings. All screening materials for Roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure and comply with the applicable regulations prescribed by Section 25.30.3.
2. Accessory Equipment for facilities mounted to a Telecommunications Tower shall be visually screened by locating the Equipment either within a nearby building, in an underground vault (with the exception of required electrical panels) or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the Accessory Equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings. (Ord. No. 2021-09, § 3.)
25.33.10 Additional Design and Development Standards for Facilities in the Public Right-of-Way
A. Basic Requirements. Facilities located in the Public Right-of-Way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.
1. Director’s Small Cell Design and Deployment Guidelines. The primary purpose of these guidelines shall be to provide procedural and design guidance and specific design standards and requirements for project applicants proposing Wireless Facilities in the Public Right-of-Way that are subject to the requirements of this section. The Guidelines document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with this section. All such guidelines will be publicly available and posted on the public works website. Each application for a Wireless Facility is subject to the most current guidelines, which may be amended from time to time.
2. Right-of-Way Authority. An encroachment permit must be obtained for any work in the Public Right of Way. Only applicants authorized to enter the Public Right-of-Way pursuant to state or federal law or a franchise or other agreement such as a master license agreement with the City shall be eligible for a permit to install or modify a Wireless Telecommunications Facility in the Public Right-of-Way.
B. Antennas.
1. 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, unless otherwise required by relevant orders of the California Public Utilities Commission (CPUC), including GO 95. No portion of the Antenna or Equipment mounted on a Pole shall be less than 18 feet above any drivable road surface. All installations on Utility Poles shall fully comply with the CPUC general orders, including, but not limited to, General Order 95, as amended.
2. 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 a location with its closest adjacent district being a commercial zoning district and shall not exceed three feet above the Existing height of a Street Light Pole in 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.
C. Poles.
1. Only Pole-mounted Antennas shall be permitted in the Right-of-Way. All other Telecommunications Towers are prohibited, and no new Poles are permitted that are not replacing an Existing Pole.
2. Designs, plans, and all necessary documents containing the required information related to attachments to City-owned Street Light Poles shall be submitted to the Public Works Department – Traffic Engineering for review and, upon approval by the city engineer, shall be permitted.
3. Poles identified in the application that are determined by the city engineer or their designee as showing signs of damage or corrosion, shall be replaced in kind. Applicants shall pay to the City their cost for replacement. Poles that were determined to have insufficient structural capacity to sustain the additional small cell wireless appurtenances during the required field verification shall require replacement footings designed and constructed, at the applicant’s sole cost, to the satisfaction of the city engineer or their designee. The applicant shall provide certification by a registered structural engineer that the structural integrity of the Street Light Pole is intact. Pole number labels, if incorrect or missing, shall be corrected or installed at the applicant’s sole expense and in accordance to the City specifications.
4. Pole height and width limitations:
a. All Poles shall be designed to be the minimum functional height and width required to support the proposed Antenna installation and meet FCC requirements. Poles and Antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.
b. Notwithstanding the above, no facility shall be located on a pole that is less than 26 feet in height and no facility shall exceed 35 feet in height, including, but not limited to the pole and any Antenna that protrudes above the pole.
c. Pole mounted Equipment shall not exceed six cubic feet in dimension.
5. 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. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.
6. If an exception 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. Such new Poles that are not replacement Poles shall be located no closer than 25 feet to an Existing pole.
D. Space occupied. Facilities shall be designed to be minimally intrusive to occupy the least amount of space in the Right-of-Way.
1. 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) Where permitted by the width of the Right-of-Way, new or replacement Poles shall be setback a minimum of 18 inches from the front of the face of a curb, unless otherwise required to comply with ADA requirements. No new pole shall obstruct the line of sight standard at intersections or driveways.
d) Each pole mounted Wireless Facility must be separated by at least 500 feet.
e) All cables, including, but not limited to, electrical and utility cables, between the pole and any Accessory Equipment shall be placed underground, if feasible.
f) All new wires needed to service the Wireless Telecommunications 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.
2. Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA).
3. Documentation. The applicant shall provide documentation satisfactory to the Director of Public Works establishing compliance with this subsection. (Ord. No. 2021-09, § 3.)
25.33.11 Conditions of Approval for All Facilities
In addition to compliance with the requirements of this section, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any Modification of these conditions or additional conditions of approval deemed necessary by the Reviewing Authority:
A. Required Findings. Before the permittee submits any application for a building permit or other permits required by the Fairfield Municipal Code, the permittee must incorporate the Wireless Telecommunication Facility permit granted under this section, all conditions associated with the Wireless Telecommunications Facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the Wireless Telecommunications Facility in strict compliance with the Approved Plans. The permittee shall submit to the Fairfield Building Division an as built drawing within 90 days after installation of the facility.
B. Where feasible, as new technology becomes available, the permittee shall:
1. place above-ground Wireless Telecommunications Facilities below ground, including, but not limited to, Accessory Equipment that has been mounted to a Telecommunications Tower or mounted on the ground; and
2. replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Fairfield Municipal Code.
3. The permittee shall submit and maintain current at all times basic contact and Site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within seven 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:
a. Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
b. The legal status of the owner of the Wireless Telecommunications Facility, including official identification numbers and FCC certification.
c. Name, address, and telephone number of the property owner if different than the permittee.
4. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any Public Utility, easement, or Right-of-Way located on the Site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and Existing public improvements within or adjacent to the Site, including, but not limited to, pavement, trees, Public Utilities, lighting and public signage.
5. At all times, all required notices and signs shall be posted on the Site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
6. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and Antenna height standards adopted by the Federal Aviation Administration.
7. If the Director of Public Works determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the Director of Public Works may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.
8. All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.
9. A condition setting forth the permit expiration date in accordance with subsection 25.33.11 shall be included in the conditions of approval. (Ord. No. 2021-09, § 3.)
25.33.12 Additional Conditions of Approval for Facilities in the Public Right-of-Way
In addition to compliance with the requirements of this section, upon approval all facilities in the Public Right-of-Way shall be subject to each of the conditions of approval set forth in Section 25.33.11, each of the following conditions of approval, and any Modification of these conditions or additional conditions of approval deemed necessary by the Reviewing Authority:
A. Required Findings – Public Right of Way. The Wireless Telecommunications Facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the city engineer for the purpose of: (a) protecting the public health, safety, and welfare, (b) preventing interference with pedestrian and vehicular traffic, and (c) preventing damage to the Public Right-of-Way or any property adjacent to it. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the grant of a Wireless Telecommunications Facility permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.
1. Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the Site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and the Fairfield Municipal Code. The bond coverage shall include, but is not be limited to, removal of the facility, maintenance obligations and landscaping obligations. The amount of the performance bond shall be set by the Director of Public Works in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.
2. The permittee shall not move, alter, temporarily relocate, change, or interfere with any Existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a Wireless Telecommunications Facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the Public Right-of-Way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the Public Right-of-Way to be affected by applicant’s facilities.
3. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.
4. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a Wireless Telecommunications Facility in the Public Right-of-Way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the Director of Public Works, the Director of Public Works shall cause such repair to be completed at permittee’s sole cost and expense.
5. Prior to issuance of a building permit, the applicant shall obtain the approval of a tree protection plan by the Director of Community Development (Community and Economic Development) or their designee and prepared by a certified arborist if the installation of the Wireless Telecommunication Facility will be located within the canopy of a street tree, or a protected tree on private property, or within a ten-foot radius of the base of such a tree. Depending on Site specific criteria (e.g., location of tree, size, and type of tree, etc.), a radius greater than ten feet may be required by the Director of Community Development (Community and Economic Development) of his or her designee.
6. Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within 30 days of such service being offered and reasonably restore the area to its prior condition.
7. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by:
a. Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency;
b. Any abandonment of any street, sidewalk, or other public facility;
c. Any change of grade, alignment or width of any street, sidewalk or other public facility; or
d. A determination by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, that the Wireless Telecommunications Facility has become incompatible with public health, safety or welfare or the public’s use of the Public Right-of-Way.
8. Any Modification, removal, or relocation of the facility shall be completed within 90 days of written notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a permit amendment pursuant to the Fairfield Zoning Code. The permittee shall be entitled, on permittee’s election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Fairfield Zoning Code allow. In the event the facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the Fairfield Zoning Code, the City may modify, remove, or relocate Wireless Telecommunications Facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. The Director may approve an extension of time to complete the repairs, at the discretion of the Director, upon a showing of good cause. (Ord. No. 2021-09, § 3.)
25.33.13 Findings – Conditional Use Permits
A. Required Findings. Where a Wireless Telecommunication Facility requires a conditional use permit under this section, the Reviewing Authority shall not approve any application unless, in addition to the findings generally applicable to all conditional use permits, all of the following additional findings are made:
1. The proposed facility complies with all applicable provisions of this section.
2. The proposed facility has been designed and located to achieve the least intrusive design possible and limit facility footprint to the maximum extent reasonably feasible.
3. The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed Wireless Telecommunications Facility wherever technically and economically feasible and where Collocation would not harm community compatibility.
4. Noise generated by Equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this section.
5. In addition to the findings in paragraph (1) above, approval of a Wireless Telecommunications Facility permit for a facility that will be located in the Public Right-of-Way may be granted only if the following findings are made by the Reviewing Authority:
a. The applicant has provided substantial written evidence supporting the applicant’s claim that it has the right to enter the Public Right-of-Way pursuant to state or federal law, or the applicant has entered into a franchise or other agreement with the City permitting them to use the Public Right-of-Way.
b. The applicant has demonstrated that the facility will not interfere with the use of the Public Right-of-Way, Existing subterranean infrastructure, or the City’s plans for Modification or use of such location and infrastructure. (Ord. No. 2021-09, § 3.)
25.33.14 Exceptions
A. Findings for Exceptions. Exceptions pertaining to any provision of this section, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the Reviewing Authority if the Reviewing Authority makes the finding that:
1. Denial of the facility as proposed would violate federal law, state law, or both; or
2. A provision of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both.
B. Request for Exception. An applicant may only request an exception at the time of applying for a Wireless Telecommunications Facility permit. The request must include both the specific provision(s) of this section from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete shall be treated as a new application.
The applicant shall have the burden of proving that denial of the facility as proposed would violate federal law, state law, or both, or that the provisions of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both, using the evidentiary standards required by that law at issue. The City shall have the right to hire an independent consultant, at the applicant’s expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim. (Ord. No. 2021-09, § 3.)
25.33.15 Wireless Telecommunications Facilities Covered under Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012
A. Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. § 1455(a), generally requires that State and local governments “may not deny, and shall approve” requests to collocate, remove or replace Transmission Equipment at an Existing Tower or Base Station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential “deemed granted” remedy when the State or local government fails to approve or deny the request within sixty (60) days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. § 332, applies to only “Personal Wireless Service Facilities” (e.g., Cellular telephone Towers and Equipment), Section 6409(a) applies to all “wireless” facilities licensed or authorized by the FCC (e.g., Cellular, Wi-Fi, satellite, microwave backhaul, etc.).
The overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. A separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will mitigate such potential confusion, streamline local review and preserve the City’s land-use authority to maximum extent possible.
B. Applicability. This section applies to all Collocations or Modifications to an Existing wireless Tower or Base Station submitted with a written request for approval pursuant to Section 6409(a).
C. Approval Required. Any request to collocate, replace or remove Transmission Equipment at an Existing wireless Tower or Base Station submitted with a written request for a Section 6409(a) approval shall be subject to the Director of Public Works or the Director of Community Development’s approval, as applicable, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this section.
D. Other Regulatory Approvals. No Collocation or Modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the City and state or federal agencies. Furthermore, any Section 6409(a) 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.
E. Application Requirement. The City shall not approve any Wireless Facility subject to this section except upon a duly filed application consistent with this section and any other written rules the City or the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, may establish from time to time. An application must include the information required by subsection E and the following additional information:
1. A title report prepared within the six months prior to the application filing date in order for the City verify the property owner’s identity. If the applicant does not own the subject property, the application must include a written authorization signed by the property owner that empowers the applicant to file the application and perform all Wireless Facility construction, installation, operation and maintenance to the extent described in the application.
2. A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. § 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met. Bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include (i) whether and why the support structure qualifies as an Existing Tower or Existing Base Station; and (ii) whether and why the proposed Collocation or Modification does not cause a Substantial Change in height, width, excavation, Equipment cabinets, concealment or permit compliance.
F. Procedures for a Duly Filed Application.
1. Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable may, in his or her discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.
2. Departmental Forms, Rules and Other Regulations. The City Council authorizes the Director of Public Works and the Director of Community Development (Community and Economic Development) to develop and publish permit application forms, checklists, informational handouts and other related materials that the each finds necessary, appropriate or useful for processing requests for Section 6409(a) approvals within the Public Right of Way and outside of the Public Right of Way, respectively. Without further authorization from the council, the Director of Public Works and the Director of Community Development (Community and Economic Development) may from time-to-time update and alter any such permit application forms, checklists, informational handouts and other related materials as each deems necessary, appropriate or useful to respond to regulatory, technological or other changes related to this section. The City Council authorizes the Director of Public Works and the Director of Community Development (Community and Economic Development) to establish other reasonable rules and regulations for their respective departments, which may include without limitation regular hours for appointments with applicants.
G. Administrative Review; Decision Notices. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, shall administratively review an application for a Section 6409(a) approval and act on such an application without prior notice or a public hearing. Within five working days after the Reviewing Authority conditionally approves or denies an application submitted for Section 6409(a) approval or before the FCC timeframe for review expires (whichever occurs first), the Director of Public works or the Director of Community Development (Community and Economic Development) or their respective designees, as the case may be, shall send a written notice to the applicant. In the event that the Reviewing Authority determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the Director of Public works, Director of Community Development (Community and Economic Development), or their designee, as the case may be, will send written notice to the applicant that includes the reasons to support the Reviewing Authority’s decision and states that the application will be automatically denied without prejudice on the 60th day after the date the application was filed unless the applicant withdraws the application.
H. Required Findings for 6409(a) Approval. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may approve or conditionally approve an application submitted for Section 6409(a) approval when the Reviewing Authority finds that the proposed project:
1. Involves Collocation, removal or replacement of Transmission Equipment on an Existing wireless Tower or Base Station; and
2. Does not Substantially Change the physical dimensions of the Existing wireless Tower or Base Station.
I. Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this section, and consistent with all applicable federal laws and regulations, the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:
1. Does not satisfy the criteria for approval;
2. Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or
3. Involves the replacement of the entire support structure.
J. Conditional 6409(a) Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the City’s authority to conditionally approve an application for a Section 6409(a) approval to protect and promote the public health, safety and welfare.
K. Appeals. Notwithstanding any provision of the Fairfield Zoning Code to the contrary, an applicant may appeal a decision by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be, to deny without prejudice a Section 6409(a) application. The appeal must be filed within 10 days from the Reviewing Authority’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the Director of Public Works or the Director of Community Development (Community and Economic Development) taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit his or her review to whether the project should be approved or denied in accordance with the provisions in subsections L. (8) and (9) of this section. The decision of the city manager shall be final and not subject to any further administrative appeals.
L. Standard Conditions of Approval. In addition to all other conditions adopted by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be, all Section 6409(a) approvals, whether approved by the applicable Reviewing Authority or deemed approved by the operation of law, shall be automatically subject to the following conditions in this section; provided, however, that the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances:
1. Approved Plans. Before the permittee submits any application for a building permit or other permits required by the Fairfield Municipal Code, the permittee must incorporate the Wireless Telecommunications Facility permit granted under this section, all conditions associated with the Wireless Telecommunications Facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the Wireless Telecommunications Facility in strict compliance with the Approved Plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.
2. Permit Term. The City’s grant or grant by operation of law of a Section 6409(a) approval 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 a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject Tower or Base Station.
3. Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) approval, such 6409(a) approvals shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the Director of Public Works grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the Director of Public Works or Director of Community Development (Community and Economic Development), as the case may be, may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has submitted an application for a conditional use permit for those improvements before the one-year period ends.
4. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) approval.
5. Build-out Period. The Section 6409(a) approval will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and operate the approved Wireless Facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the Wireless Facility or its use. the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may grant one written extension to a date certain 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 automatic expiration date in this condition. Any further extensions may be granted by the planning commission.
6. 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 Section 6409(a) approval. 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 72 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
7. 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 Section 6409(a) approval. 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.
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 construction, installation, operation, Modification, maintenance, repair, removal, 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 on any day and at any time prohibited under the Fairfield Zoning 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 of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may issue a stop work order for any work that violates this condition.
9. Noise Complaints. The permittee shall conduct all activities on the Site in compliance with the noise standards in the Fairfield Zoning Code. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational guidelines in situations where the violation arises from the permittee’s personnel rather than the permittee’s Equipment.
10. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City or its designee may enter onto the Site and inspect the improvements and Equipment upon reasonable prior notice to the permittee; provided, however, that the City or its designee may, but will not be obligated to, enter onto the Site area without prior notice to support, repair, disable or remove any improvements or Equipment in emergencies or when such improvements or Equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City or its designee while such inspection or emergency access occurs.
11. Contact Information. The permittee shall furnish the City 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.
12. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the Wireless Facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
13. Compliance Obligations. An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Fairfield Zoning Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee. (Ord. No. 2021-09, § 3.)
25.33.16 Wireless Telecommunications Collocation Facilities Covered under California Government Code Section 65850.6
A. Purpose. The purpose of this section is to comply with an application for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6, for which a 6409(a) approval is not being requested. This section provides the requirements, standards and regulations for a Wireless Telecommunications Collocation Facility for which subsequent Collocation is a permitted use pursuant to California law. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a Wireless Telecommunications Collocation Facility.
B. Definitions. For the purposes of this section, the following terms are defined as follows:
1. “Collocation Facility” means the placement or installation of Wireless Facilities, including Antennas, and related Equipment, on, or immediately adjacent to, a Wireless Telecommunications Collocation Facility.
2. “Wireless Telecommunications Facility” means Equipment and network components such as Towers, Utility Poles, transmitters, Base Stations, and emergency power systems that are integral to providing Wireless Telecommunications Services.
3. “Wireless Telecommunications Collocation Facility” means a Wireless Telecommunications Facility that includes Collocation Facilities.
C. Procedures. An application for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6 shall be processed in the same manner as an application for 6409(a) approval is processed, except that where the process requires justification for the 6409(a) approval, the applicant shall instead provide the justification for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6.
D. Requirements. All requirements, regulations, and standards set forth in this section for a Wireless Telecommunications Facility shall apply to a Wireless Telecommunications Collocation Facility; provided, however, the following shall also apply to a Wireless Telecommunications Collocation Facility:
1. The applicant for a Wireless Telecommunications Collocation Facility permit shall describe or depict:
a. The Wireless Telecommunications Collocation Facility as it will be initially built; and
b. All Collocations at full build-out, including, but not limited to, all Antennas, Antenna support structures, and Accessory Equipment.
2. Any Collocation shall use screening methods substantially similar to those used on the Existing Wireless Telecommunications Facilities unless other optional screening methods are specified in the conditions of approval.
3. A Wireless Telecommunications Collocation Facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the Wireless Telecommunications Collocation Facility.
E. Permitted Use. Notwithstanding any other provision of this section, a subsequent Collocation on a Wireless Telecommunications Collocation Facility shall be a permitted use only if all of the following requirements are satisfied:
1. The Wireless Telecommunications Collocation Facility:
a. Was approved after January 1, 2007, by discretionary permit;
b. Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration;
c. Otherwise complies with the requirements of California Government Code Section 65850.6(b), or its successor provision, for addition of a Collocation facility to a Wireless Telecommunications Collocation Facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this section and the conditions of approval in the Wireless Telecommunications Collocation Facility permit;
d. The Collocations were specifically considered when the relevant environmental document was prepared for the Wireless Telecommunications Collocation Facility; and
e. Before Collocation, the applicant seeking Collocation shall obtain all other applicable non-discretionary permits, as required pursuant to the Fairfield Municipal Code.
F. New or Amended Permit. Except as otherwise provided above, approval of a new or amended permit shall be required when the facility is modified other than by Collocation in accordance with this section, or the proposed Collocation:
1. Increases the height of the Existing permitted Telecommunications Tower or otherwise changes the bulk, size, location, or any other physical attributes of the Existing permitted Wireless Telecommunications Collocation Facility unless specifically permitted under the conditions of approval applicable to such Wireless Telecommunications Collocation Facility; or
2. Adds any microwave dish or other Antenna not expressly permitted to be included in a Collocation facility by the conditions of approval.
G. Appeals. Notwithstanding any provision of the Fairfield Zoning Code to the contrary, any applicant may appeal a decision by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable. The appeal must be filed within 10 days from the Reviewing Authority’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the applicable Reviewing Authority taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in this section. The decision of the city manager shall be final and not subject to any further administrative appeals. (Ord. No. 2021-09, § 3.)
25.33.17 Business License
A permit issued pursuant to this Wireless Telecommunications Ordinance shall not be a substitute for any business license otherwise required under the Fairfield Municipal Code. (Ord. No. 2021-09, § 3.)
25.33.18 Emergency Deployment
In the event of a declared federal, state, or local emergency, or when otherwise warranted by conditions that the Director of Public Works deems to constitute an emergency, the Director of Public Works may approve the installation and operation of a temporary Wireless Telecommunications Facility (e.g., a cell on wheels or “COW”), which is subject to such reasonable conditions that the Director of Public Works deems necessary. (Ord. No. 2021-09, § 3.)
25.33.19 Operation and Maintenance Standards
A. All Wireless Telecommunications 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 72 hours:
1. After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or
2. After permittee, owner, operator, or any designated maintenance agent receives notification from a resident, the Director of Community Development (Community and Economic Development) or the Director of Public works, as the case may be.
3. All facilities, including, but not limited to, Telecommunication Towers, Poles, Accessory Equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility Site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
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. Broken and misshapen structural parts; and
h. Any damage from any cause.
4. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director of Community Development (Community and Economic Development).
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 radio frequency 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 of Public Works or the Director of Community Development (Community and Economic Development), as applicable. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.
8. If a flagpole is used for camouflaging a Wireless Telecommunications Facility, flags shall be flown and shall be properly maintained at all times.
9. 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. (Ord. No. 2021-09, § 3.)
25.33.20 No Dangerous Conditions or Obstructions Allowed1
No person shall install, use or maintain any Wireless Telecommunications Facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such Site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of Poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture, or other objects permitted at or near said location. (Ord. No. 2021-09, § 3.)
25.33.21 Permit Expiration2
A permit for any Wireless Telecommunications Facility shall be valid for a period of 10 years, unless the original entitlement states otherwise or the Director of community development authorizes a longer period or pursuant to another provision of the Fairfield Zoning Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.
A. Permit Extensions. A permittee may apply for extensions of its permit in increments of no more than the original term (ten years) and no sooner than twelve months prior to expiration of the permit.
1. If a permit has not expired at the time an application is made for an extension, the Director of Public Works, the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, may administratively extend the term of the permit for subsequent ten-year terms 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 the Fairfield Zoning Code that are in effect at the time the permit extension is granted.
2. At the Director of Public Works’ or the Director of Community Development’s (Community and Economic Development) discretion, as applicable, additional studies and information may be required of the applicant.
3. If the Director of Public Works or the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Fairfield Zoning Code that are then in effect at the time of permit expiration, the applicant shall cause the facility to be in compliance prior to any extension of the permit term. The Director of Public Works or the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, shall not extend the term of the permit prior to his or her confirmation of the applicant’s compliance with the applicable provisions of the Fairfield Zoning Code in effect at the time.
4. If the permit expired before the application is made for an extension, the request for an extension shall be decided by the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, provided he or she seeks consultation with the city attorney prior to approving or denying the request.
B. Cessation of Use or Abandonment.
1. A Wireless Telecommunications Facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide Wireless Telecommunications Services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
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 ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, of any discontinuation of operations of 30 days or more.
3. Failure to inform the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, of cessation or discontinuation of operations of any Existing facility as required by this section shall constitute a violation of any approvals and be grounds for:
a. Prosecution;
b. Revocation or Modification of the permit;
c. Calling of any bond or other assurance required by this section or conditions of approval of the permit;
d. Removal of the facilities by the City in accordance with the procedures established under the Fairfield Municipal Code for abatement of a public nuisance at the owner’s expense; and
e. Any other remedies permitted under the Fairfield Municipal Code.
C. 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 Telecommunications 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 Fairfield 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 Fairfield Municipal Code for abatement of a public nuisance at the owner’s expense; or
d. Any other remedies permitted under the Fairfield Municipal Code.
3. Summary removal. In the event the Director of Public Works determines that the condition or placement of a Wireless Telecommunications Facility located in the Public Right-of-Way constitutes a dangerous condition, obstruction of the Public Right-of-Way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director of Public Works may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
4. 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, if applicable, and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Fairfield Zoning 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. No. 2021-09, § 3.)
25.33.22 Effect on Other Ordinances3
Compliance with the provisions of this section shall not relieve a person from complying with any other applicable provision of the Fairfield Municipal Code, including but not limited to obtaining any necessary encroachment or building permits. In the event of a conflict between any provision of this section and other provisions of the Fairfield Municipal Code, this section shall control. (Ord. No. 2021-09, § 3.)
Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.18. It has been editorially renumbered to prevent duplication.
Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.19. It has been editorially renumbered to prevent duplication.
Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.19. It has been editorially renumbered to prevent duplication.