HomeMy WebLinkAboutAGENDA REPORT 2019 0417 REG CCSA ITEM 09CCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of April 17, 2019
ACTION Approved Staff
Recommendation, Including
Adoption of Ordinance No. 471,
Introduction of Ordinance No.
472, and Adoption of
Resolution No. 2019-3800.
BY B.Garza
C. Consider Approval of: (1) An Urgency Ordinance of the City of Moorpark
Regarding Small Wireless Facilities, Amending Title 15 of the Moorpark
Municipal Code Regarding the Same, Declaring the Urgency and Immediate
Effectiveness Thereof Pursuant to Government Code Sections 36934 and 36937,
and Approving California Environmental Quality Act Exemptions in Connection
Therewith; (2) An Ordinance of the City of Moorpark Regarding Small Wireless
Facilities, Amending Title 15 of the Moorpark Municipal Code Regarding the
Same and Approving California Environmental Quality Act Exemptions in
Connection Therewith; and (3) A Resolution of the Council of the City of
Moorpark Adopting a Citywide Policy Regarding Permitting Requirements and
Development Standards for Small Wireless Facilities. Staff Recommendation:
Staff recommends City Council move to approve: 1) An Urgency Ordinance
regarding small wireless facilities, amending Title 15 of the Moorpark Municipal
Code regarding the same, declaring the urgency and immediate effectiveness
thereof, and approving California Environmental Quality Act exemptions
therewith ("Urgency Ordinance"); 2) An Ordinance regarding small wireless
facilities, amending Title 15 of the Moorpark Municipal Code regarding the same,
and approving California Environmental Quality Act Exemptions in connection
therewith ("Ordinance"); and 3) A Resolution adopting a Citywide policy
regarding permitting requirements and development standards for small wireless
facilities ("Policy Resolution"). (Staff: Sean Corrigan)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director
Kevin G. Ennis, City Attorney
Steven L. Flower, City Attorney’s Office
DATE: 4/17/2019 Regular Meeting
SUBJECT: Consider Approval of: (1) An Urgency Ordinance of the City of
Moorpark Regarding Small Wireless Facilities, Amending Title 15 of
the Moorpark Municipal Code Regarding the Same, Declaring the
Urgency and Immediate Effectiveness Thereof Pursuant to
Government Code Sections 36934 and 36937, and Approving
California Environmental Quality Act Exemptions in Connection
Therewith; (2) An Ordinance of the City of Moorpark Regarding
Small Wireless Facilities, Amending Title 15 of the Moorpark
Municipal Code Regarding the Same and Approving California
Environmental Quality Act Exemptions in Connection Therewith;
and (3) A Resolution of the Council of the City of Moorpark
Adopting a Citywide Policy Regarding Permitting Requirements
and Development Standards for Small Wireless Facilities
BACKGROUND
This action, if approved by the City Council does not propose to add any new wireless
facilities in the City. Rather, it will provide a tool for the City to provide permitting
requirements and development standards for applications received by the City for small cell
wireless facilities.
On September 26, 2018, the Federal Communications Commission ("FCC") adopted its
Declaratory Ruling and Third Report and Order ("Report and Order"), which establishes a
new category "small wireless facility." The Report and Order, in an effort to streamline the
deployment of small wireless facilities for the deployment of infrastructure necessary for 5G
and other advanced wireless services, purports to give wireless service providers the right
to utilize public right-of-way and to attach small wireless facilities to public infrastructure.
The Report and Order substantially restricts local governments' ability to regulate such
facilities in public rights-of-way. The Report and Order requires that fees charged for small
wireless facilities be reasonable and objective, sets timeframes (referred to as "shot
clocks") for reviewing and approving applications for new and additional small wireless
Item: 9.C.
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facilities and requires that aesthetic standards be reasonable and published in advance.
The Report and Order took effect on January 14, 2019. The provision requiring published
aesthetic standards takes effect on April 15, 2019.
DISCUSSION
The FCC Report and Order has been challenged by dozens of local government agencies
across the country. This pending litigation is anticipated to be heard by the U.S. Court of
Appeals for the Ninth Circuit later this year.
Additionally, a primary component of the City's legislative platform is to support legislation
that preserves local control.
In the meantime, with the Report and Order now in effect and the requirement to have
published aesthetic standards by April 15, 2019, staff recommends adoption of the
attached ordinances and policy resolution. The ordinances would amend certain portions of
the City's Municipal Code to supersede regulations that conflict with the FCC Report and
Order. The proposed resolution would establish consistent regulations governing
deployment of small wireless facilities in the public rights-of-way, in order to fully protect the
health, safety and welfare of the public.
Urgency Ordinance and Ordinance
The proposed Urgency Ordinance (Attachment 1) and Ordinance (Attachment 2) would
amend the Moorpark Municipal Code ("MMC") to add a new Chapter 15.44 (Small Wireless
Facilities) so that small wireless facilities are subject to the requirements of the Citywide
policy regarding permitting requirements and development standards for small wireless
facilities, adopted by a separate resolution ("Policy Resolution") of the City Council.
The reason for both the Urgency Ordinance and the non-urgency Ordinance is that the
Urgency Ordinance will permit the Policy provisions to take effect and control over other
provisions of the Municipal Code immediately. The non-urgency Ordinance will end up
superseding the Urgency Ordinance so as to eliminate reliance on urgency findings as the
underlying foundation and basis for adoption and enforcement of the City’s standards.
Policy Resolution
The Report and Order provide for local agencies to regulate to some degree the aesthetics
of small wireless facilities, including location, compatibility with surrounding facilities,
spacing and overall size of the facility. Such requirements must be reasonable, technically
feasible, directed at avoiding or mitigating unsightly, out-of-character installations,
incorporate clearly defined standards, are applied in a principled manner and are published
in advance.
The proposed Resolution (Attachment 3) contemplates all areas affected by the Report
and Order and sets forth policies, procedures and standards for small wireless facilities and
as outlined below:
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• Required Permits and Approvals — Requires a "Small Cell Permit" for all small
wireless facilities. Depending on the nature of the proposed installation, additional
permits for construction may be required as consistent with other similar utility work.
• Permit Application Requirements — Establishes the application requirements for
proposed small cell facilities, including procedures for reviewing batched or grouped
applications including required fees, construction drawings, site surveys, photo
simulations, project narrative and justification, Radio Frequency (RF) Compliance
Report, site agreements if applicable, and acoustical analysis for all proposed
equipment.
• Permit Application Submittal and Review — Establishes requirements and
procedures for submittal and review of small cell permit applications, including
meetings with staff, application completeness, withdrawn applications, batched
applications.
• Approvals and Denials — Describes the administrative review of applications,
required findings for approval, conditional approvals, decision notices and appeals
of permit decisions.
• Conditions of Approval — Sets forth general conditions of approval including permit
terms, renewal, installation certification, time for construction build-out, site
maintenance, compliance with other laws, impacts on other properties, inspections,
emergency response, indemnification of the City, performance bonding, permit
revocation, landscaping, cost reimbursement to City for certain items, cooperation
with RF compliance evaluations, future undergrounding programs, electrical meter
upgrades and relocation requirements.
• Location Requirements — Establishes locations that are "most preferred," "less
preferred" and "least preferred" for small wireless facilities. The policy authorizes the
City to deny any application on a parcel or right-of-way within 500 feet of a school
site or in a residential area when the small wireless facility is not located on an
arterial or collector street, unless the applicant can demonstrate with clear and
convincing evidence that a more-preferred location is not technically feasible.
• Design Standards — Establishes requirements for shielding/shrouding or otherwise
concealing equipment, requires that new/replaced poles be consistent with style,
texture and color of existing poles in the area, prohibits new ground mounted
electrical service/meters, details dimensional requirements and height limits,
signage and landscape protection and restoration requirements.
FISCAL IMPACT
Adoption of the proposed Urgency Ordinance, Ordinance and Policy Resolution will have
no direct fiscal impact on the City.
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The Report and Order requires that fees that are charged for small wireless facility
applications be fair and reasonable. The FCC has established the following fee levels as
complying with this standard:
• $500 for non-recurring fees for applications for up to five small wireless facility sites,
with an additional $100 for each additional site;
• $1,000 for non-recurring fees for a new pole to support one or more small wireless
facility; and
• $270 per year for all recurring fees, including any right-of-way encroachment permit
fee for attachment to a municipality-owned structure in the public right-of-way (e.g.,
streetlight pole).
As an interim measure, the Policy Resolution immediately establishes these fees for
applications and small cell permits, which the FCC has deemed presumptively reasonable.
In addition to these fees, applicants must pay all other appropriate fees in connection with
review and issuance of a permit. In order to ensure that non-recurring fees are sufficient to
cover staff costs for the review of small wireless facility applications, staff will document
time and resources utilized in the processing of small wireless facility applications for future
review. Any proposed changes to the fees charged will be presented to City Council for
consideration at a later date.
STAFF RECOMMENDATION
Staff recommends City Council move to approve:
1) An Urgency Ordinance regarding small wireless facilities, amending Title 15 of the
Moorpark Municipal Code regarding the same, declaring the urgency and immediate
effectiveness thereof, and approving California Environmental Quality Act
exemptions therewith ("Urgency Ordinance");
2) An Ordinance regarding small wireless facilities, amending Title 15 of the Moorpark
Municipal Code regarding the same, and approving California Environmental Quality
Act Exemptions in connection therewith ("Ordinance"); and
3) A Resolution adopting a Citywide policy regarding permitting requirements and
development standards for small wireless facilities ("Policy Resolution").
Attachments:
1. Urgency Ordinance
2. Ordinance
3. Policy Resolution
12853-0001\2287582v1.doc 15
Attachment 1
ORDINANCE NO. _______
AN URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, REGARDING SMALL
WIRELESS FACILITIES, AMENDING TITLE 15 OF THE
MOORPARK MUNICIPAL CODE REGARDING THE SAME,
DECLARING THE URGENCY AND IMMEDIATE
EFFECTIVENESS THEREOF PURSUANT TO
GOVERNMENT CODE SECTIONS 36934 AND 36937, AND
APPROVING CALIFORNIA ENVIRONMENTAL QUALITY
ACT EXEMPTIONS IN CONNECTION THEREWITH
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling and Third Report and Order (“Report and
Order”) relating to placement of small wireless facilities in public rights-of-way, and the
Report and Order went into effect on January 14, 2019; and
WHEREAS, the Report and Order purports to give providers of wireless services
rights to utilize public rights of way and to attach so-called “small wireless facilities” to
public infrastructure including infrastructure of the City of Moorpark, subject to payment
of “presumed reasonable”, non-recurring and recurring fees, and as such, the ability of
local agencies to regulate use of their rights-of-way is substantially limited under the
Report and Order; and
WHEREAS, notwithstanding the limitations imposed on local regulation of small
wireless facilities in public rights-of-way by the Report and Order, local agencies retain
the ability to regulate the aesthetics of small wireless facilities, including location,
compatibility with surrounding facilities, spacing, and overall size of the facility, provided
the aesthetic requirements are: (i) “reasonable”, i.e., “technically feasible and
reasonably directed to avoiding or remedying the intangible public harm or unsightly or
out-of-character deployments”; (ii) “objective”, i.e., they “incorporate clearly-defined and
ascertainable standards, applied in a principled manner”; are (iii) published in advance.
Regulations that do not satisfy the foregoing requirements are likely to be subject to
invalidation, as are any other regulations that “materially inhibit wireless service”, (e.g.,
overly restrictive spacing requirements); and
WHEREAS, local agencies also retain the ability to regulate small wireless
facilities in the public rights-of-way in order to more fully protect the public health and
safety, ensure continued quality of telecommunications services, and safeguard the
rights of consumers; and
WHEREAS, it is the intent of the City Council in adopting this Ordinance to
supersede regulations of the City that conflict with the Report and Order, and to
establish consistent regulations governing deployment of small wireless facilities in
order to more fully protect the public health, safety, and welfare, and the City Council
declares that it adopts this Ordinance with the understanding that the City expressly
reserves all rights to re-enact and/or establish new regulations consistent with State and
1
12853-0001\2286992v3.doc 16
Attachment 1
federal law as it existed prior to adoption of the Report and Order in the event the
Report and Order is invalidated, modified, or limited in any way.
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council finds that each fact set forth in the
preceding recitals are true and correct.
SECTION 2. A new Chapter 15.44 of Title 15 (Building and Construction) is
hereby added to the Moorpark Municipal Code to read as follows:
“CHAPTER 15.44
SMALL WIRELESS FACILITIES
Sections:
15.44.010 Citywide Policy
Notwithstanding any other provision of the Municipal Code to the contrary,
all small wireless facilities as defined by the FCC in 47 C.F.R. §
1.60002(l), as may be amended or superseded, shall be subject only to
and must comply with the "Citywide Policy Regarding Permitting
Requirements And Development Standards For Small Wireless Facilities"
adopted by City Council resolution. No person shall construct, install,
attach, operate, collocate, modify, reconstruct, relocate, remove, or
otherwise deploy any small wireless facility in violation of such policy.”
SECTION 3. CEQA. The City of Moorpark has determined that the adoption of
this Ordinance is exempt from review under the California Environmental Quality Act
("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State
CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities
with no possibility of having a significant effect on the environment. In addition, the City
of Moorpark has determined that the ordinance is categorically exempt pursuant to
Section 15301 of the CEQA Regulations applicable to minor alterations of existing
governmental and/or utility-owned structures.
SECTION 4. Future Modifications. The City Council finds and declares that it is
adopting this Ordinance in order to more fully protect and preserve the public health and
safety with respect to City rights-of-way in light of the adoption of the Report and Order.
Notice is hereby given to any and all wireless providers obtaining a permit pursuant to
the Moorpark Municipal Code as amended herein, that the City expressly reserves any
and all rights it possessed prior to the adoption of the Report and Order concerning its
authority to regulate its public rights-of-way. In the event the Report and Order is
invalidated, modified, or limited in any way, the City Council reserves the right, subject
to reasonable notice and due process, to modify the terms and conditions applicable to
2
12853-0001\2286992v3.doc 17
Attachment 1
any permit issued hereunder including, but not limited to, the term, fees charged, and
scope of any future wireless deployments within the City’s rights-of-way.
SECTION 5. Urgency. City Council finds that, as a result of the regulations
adopted by the Federal Communications Commission effective as of January 14, 2019,
as more fully described in the Section 1 of this Ordinance, some City regulations
governing third party use of its public rights-of-way or private property for
telecommunication antennas may be invalidated which will result in an absence of
standards designed to protect the public. Therefore, unless this Ordinance is effective
and its regulations are immediately put in place, the public health, safety and welfare
will be at risk. Therefore the immediate preservation of the public health, safety and
welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to
Government Code Section 36937(b) and that it take effect immediately upon adoption
pursuant to Government Code Section 36934, and its urgency is hereby declared.
SECTION 6. Severability. If any sections, subsections, sentence, clause, or
phrase of the Chapter adopted by this Ordinance is for any reason held to be invalid or
unconstitutional by the decision or legislation of any court of competent jurisdiction, or
by reason of preemptive legislation, such decision or legislation shall not affect the
validity of the remaining portions of the Chapter. The City Council declares that it would
have passed this Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more of the sections, subsections,
sentences, clauses, or phrases thereof is declared invalid or unconstitutional.
SECTION 7. Effective Date. Based upon the findings contained in Section 5 of
this Ordinance, this Ordinance shall take effect immediately upon adoption pursuant to
Government Code Sections 36937 (b) and 36934.
SECTION 8. Publication and Certification. The City Clerk shall certify the
adoption of this Ordinance and cause it to be published in the manner required by law.
APPROVED AND ADOPTED this 17th day of April, 2019.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Deborah Traffenstedt
Assistant City Manager/City Clerk
3
12853-0001\2286992v3.doc 18
Attachment 1
I, Deborah Traffenstedt, City Clerk of the City of Moorpark, do hereby certify that
the foregoing Ordinance was adopted at a regular meeting of the City Council of the
City of Moorpark held on the 17th day of April, 2019 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________________
CITY CLERK
4
12853-0001\2286992v3.doc 19
Attachment 2
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, REGARDING SMALL WIRELESS
FACILITIES, AMENDING TITLE 15 OF THE MOORPARK
MUNICIPAL CODE REGARDING THE SAME, AND
APPROVING CALIFORNIA ENVIRONMENTAL QUALITY
ACT EXEMPTIONS IN CONNECTION THEREWITH
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling and Third Report and Order (“Report and
Order”) relating to placement of small wireless facilities in public rights-of-way, and the
Report and Order went into effect on January 14, 2019; and
WHEREAS, the Report and Order purports to give providers of wireless services
rights to utilize public rights of way and to attach so-called “small wireless facilities” to
public infrastructure including infrastructure of the City of Moorpark, subject to payment
of “presumed reasonable”, non-recurring and recurring fees, and as such, the ability of
local agencies to regulate use of their rights-of-way is substantially limited under the
Report and Order; and
WHEREAS, notwithstanding the limitations imposed on local regulation of small
wireless facilities in public rights-of-way by the Report and Order, local agencies retain
the ability to regulate the aesthetics of small wireless facilities, including location,
compatibility with surrounding facilities, spacing, and overall size of the facility, provided
the aesthetic requirements are: (i) “reasonable”, i.e., “technically feasible and
reasonably directed to avoiding or remedying the intangible public harm or unsightly or
out-of-character deployments”; (ii) “objective”, i.e., they “incorporate clearly-defined and
ascertainable standards, applied in a principled manner”; are (iii) published in advance.
Regulations that do not satisfy the foregoing requirements are likely to be subject to
invalidation, as are any other regulations that “materially inhibit wireless service”, (e.g.,
overly restrictive spacing requirements); and
WHEREAS, local agencies also retain the ability to regulate small wireless
facilities in the public rights-of-way in order to more fully protect the public health and
safety, ensure continued quality of telecommunications services, and safeguard the
rights of consumers; and
WHEREAS, it is the intent of the City Council in adopting this Ordinance to
supersede regulations of the City that conflict with the Report and Order, and to
establish consistent regulations governing deployment of small wireless facilities in
order to more fully protect the public health, safety, and welfare, and the City Council
declares that it adopts this Ordinance with the understanding that the City expressly
reserves all rights to re-enact and/or establish new regulations consistent with State and
federal law as it existed prior to adoption of the Report and Order in the event the
Report and Order is invalidated, modified, or limited in any way.
20
Ordinance No. ___
Page 2
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council finds that each fact set forth in the
preceding recitals are true and correct.
SECTION 2. A new Chapter 15.44 of Title 15 (Buildings and Construction) is
hereby added to the Moorpark Municipal Code to read as follows:
“CHAPTER 15.44
SMALL WIRELESS FACILITIES
Sections:
15.44.010 City Wide Policy
Notwithstanding any other provision of the Municipal Code to the contrary,
all small wireless facilities as defined by the FCC in 47 C.F.R. §
1.60002(l), as may be amended or superseded, shall be subject only to
and must comply with the "City Wide Policy Regarding Permitting
Requirements And Development Standards For Small Wireless Facilities"
adopted by City Council resolution. No person shall construct, install,
attach, operate, collocate, modify, reconstruct, relocate, remove, or
otherwise deploy any small wireless facility in violation of such policy.”
SECTION 3. CEQA. The City of Moorpark has determined that the adoption of
this Ordinance is exempt from review under the California Environmental Quality Act
("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State
CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities
with no possibility of having a significant effect on the environment. In addition, the City
of Moorpark has determined that the ordinance is categorically exempt pursuant to
Section 15301 of the CEQA Regulations applicable to minor alterations of existing
governmental and/or utility-owned structures.
SECTION 4. Future Modifications. The City Council finds and declares that it is
adopting this Ordinance in order to more fully protect and preserve the public health and
safety with respect to City rights-of-way in light of the adoption of the Report and Order.
Notice is hereby given to any and all wireless providers obtaining a permit pursuant to
the Moorpark Municipal Code as amended herein, that the City expressly reserves any
and all rights it possessed prior to the adoption of the Report and Order concerning its
authority to regulate its public rights-of-way. In the event the Report and Order is
invalidated, modified, or limited in any way, the City Council reserves the right, subject
to reasonable notice and due process, to modify the terms and conditions applicable to
any permit issued hereunder including, but not limited to, the term, fees charged, and
scope of any future wireless deployments within the City’s rights-of-way.
2
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Ordinance No. ___
Page 3
SECTION 5. Severability. If any sections, subsections, sentence, clause, or
phrase of the Chapter adopted by this Ordinance is for any reason held to be invalid or
unconstitutional by the decision or legislation of any court of competent jurisdiction, or
by reason of preemptive legislation, such decision or legislation shall not affect the
validity of the remaining portions of the Chapter. The City Council declares that it would
have passed this Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more of the sections, subsections,
sentences, clauses, or phrases thereof is declared invalid or unconstitutional.
SECTION 6. Publication and Certification. The City Clerk shall certify the
adoption of this Ordinance and cause it to be published in the manner required by law.
APPROVED AND ADOPTED this ___ day of ____, 2019.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Deborah Traffenstedt
Assistant City Manager/City Clerk
3
12853-0001\2287697v1.doc 22
Attachment 3
RESOLUTION NO. 2019-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A CITYWIDE
POLICY REGARDING PERMITTING REQUIREMENTS
AND DEVELOPMENT STANDARDS FOR SMALL
WIRELESS FACILITIES
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling and Third Report and Order (“Report and
Order”) relating to placement of small wireless facilities in public rights-of-way; and
WHEREAS, the Report and Order purports to give providers of wireless services
rights to utilize public rights-of-way and to attach so-called “small wireless facilities” to
public infrastructure, including infrastructure of the City of Moorpark, subject to payment
of “presumed reasonable”, non-recurring and recurring fees., and the ability of local
agencies to regulate use of their rights-of-way is substantially limited under the Report
and Order; and
WHEREAS, notwithstanding the limitations imposed on local regulation of small
wireless facilities in public rights-of-way by the Report and Order, local agencies retain
the ability to regulate the aesthetics of small wireless facilities, including location,
compatibility with surrounding facilities, spacing, and overall size of the facility, provided
the aesthetic requirements are: (i) “reasonable,” i.e., “technically feasible and
reasonably directed to avoiding or remedying the intangible public harm or unsightly or
out-of-character deployments”; (ii) “objective,” i.e., they “incorporate clearly-defined and
ascertainable standards, applied in a principled manner”; and (iii) published in advance.
Regulations that do not satisfy the foregoing requirements are likely to be subject to
invalidation, as are any other regulations that “materially inhibit wireless service,” (e.g.,
overly restrictive spacing requirements); and
WHEREAS, local agencies also retain the ability to regulate small wireless
facilities in the public rights-of-way in order to more fully protect the public health and
safety, ensure continued quality of telecommunications services, and safeguard the
rights of consumers, and pursuant to this authority retained, the City Council has
amended the Moorpark Municipal Code to require all small wireless facilities as defined
by the FCC in 47 C.F.R. § 1.60002(l), as may be amended or superseded, to comply
with the requirements of a policy adopted by resolution of the City Council entitled
“Citywide Policy Regarding Permitting Requirements And Development Standards For
Small Wireless Facilities”.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings. The City Council finds each of the facts in the preceding
recitals to be true.
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Resolution No. 2019-____
Page 2
SECTION 2. Citywide Policy Adopted. The City Council of Moorpark hereby
adopts the “Citywide Policy Regarding Permitting Requirements And Development
Standards For Small Wireless Facilities” set forth in Exhibit A to this Resolution, which is
hereby incorporated as though set forth in full.
SECTION 3. CEQA. The City of Moorpark has determined that the adoption of
this Resolution is exempt from review under the California Environmental Quality Act
(“CEQA”) (California Public Resources Code Section 21000, et seq.), pursuant to State
CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities
with no possibility of having a significant effect on the environment. In addition, the City
of Moorpark has determined that the ordinance is categorically exempt pursuant to
Section 15301 of the CEQA Regulations applicable to minor alterations of existing
governmental and/or utility-owned structures.
SECTION 4. Certification. The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this 17th day of April, 2019.
___________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Deborah Traffenstedt
Assistant City Manager/City Clerk
Exhibit A: Citywide Policy Regarding Permitting Requirements And Development
Standards For Small Wireless Facilities
12853-0001\2286921v3.doc
24
Resolution No. 2019-____
Page 3
EXHIBIT A
CITY OF MOORPARK
CITYWIDE POLICY REGARDING PERMITTING REQUIREMENTS AND
DEVELOPMENT STANDARDS FOR SMALL WIRELESS FACILITIES
SECTION 1. GENERAL PROVISIONS
SECTION 1.1. PURPOSE AND INTENT
(a) On September 27, 2018, the Federal Communications Commission (“FCC”)
adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the
“Small Cell Order”), in connection with two informal rulemaking proceedings
entitled Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline
Broadband Deployment by Removing Barriers to Infrastructure Investment, WC
Docket No. 17-84. The regulations adopted in the Small Cell Order significantly
curtail the local authority over wireless and wireline communication facilities
reserved to State and local governments under sections 253 and 704 in the
federal Telecommunications Act. Numerous legal challenges to the Small Cell
Order have been raised but its regulations will become effective while such
challenges are pending. Although the provisions may well be invalidated by
future action, the City recognizes the practical reality that failure to comply with
the Small Cell Order while it remains in effect will likely result in greater harm to
the City's interests than if the City ignored the FCC's ruling. Accordingly, the City
Council adopts this Policy (“Policy”) as a means to accomplish such compliance
that can be quickly amended or repealed in the future without the need to
amend the City's municipal code.
(b) The City of Moorpark intends this Policy to establish reasonable, uniform and
comprehensive standards and procedures for small wireless facilities
deployment, construction, installation, collocation, modification, operation,
relocation and removal within the City's territorial boundaries, consistent with
and to the extent permitted under federal and California state law. The
standards and procedures contained in this Policy are intended to, and should
be applied to, protect and promote public health, safety and welfare, and
balance the benefits from advanced wireless services with local values, which
include without limitation the aesthetic character of the City. This Policy is also
intended to reflect and promote the community interest by (1) ensuring that the
balance between public and private interests is maintained; (2) protecting the
City's visual character from potential adverse impacts and/or visual blight
created or exacerbated by small wireless facilities and related communications
infrastructure; (3) protecting and preserving the City's environmental resources;
(4) protecting and preserving the City's public rights-of-way and municipal
infrastructure located within the City's public rights-of-way; and (5) promoting
access to high-quality, advanced wireless services for the City's residents,
businesses and visitors.
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(c) This Policy 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 telecommunications service, subject to any competitively neutral
and nondiscriminatory rules, regulations or other legal requirements for rights-of-
way management; (3) unreasonably discriminate among providers of
functionally equivalent personal wireless 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 FCC's regulations concerning such
emissions; (5) prohibit any collocation or modification that the City may not deny
under federal or California state law; (6) impose any unreasonable,
discriminatory or anticompetitive fees that exceed the reasonable cost to provide
the services for which the fee is charged; or (7) otherwise authorize the City to
preempt any applicable federal or California law.
SECTION 1.2. DEFINITIONS
(a) Undefined Terms. Undefined phrases, terms or words in this Policy will have
the meanings assigned to them in 1 U.S.C. § 1, as may be amended or
superseded, and, if not defined therein, will have their ordinary meanings. If any
definition assigned to any phrase, term or word in Section 1.2 conflicts with any
federal or state-mandated definition, the federal or state-mandated definition will
control.
(b) Defined Terms.
(1) “Accessory equipment” means the same as “antenna equipment”
as defined by FCC in 47 C.F.R. § 1.6002(b), as may be amended or
superseded.
(2) “Antenna” means the same as defined by the FCC in 47 C.F.R. §
1.6002(b), as may be amended or superseded.
(3) “Approval authority” means the City official(s) responsible for
reviewing applications for small cell permits and vested with the
authority to approve, conditionally approve or deny such applications
as provided in this Policy.
(4) “Collocation” means the same as defined by the FCC in 47 C.F.R. §
1.6002(g), as may be amended or superseded.
(5) “Concealed” or “concealment” means camouflaging techniques
that integrate the transmission equipment into the surrounding natural
and/or built environment such that the average, untrained observer
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cannot directly view the equipment and would not likely recognize the
existence of the wireless facility or concealment technique.
(6) “Decorative pole” means any pole that includes decorative or
ornamental features and/or materials intended to enhance the
appearance of the pole. Decorative or ornamental features include,
but are not limited to, fluted poles, ornate luminaires and artistic
embellishments. Cobra head luminaires and octagonal shafts made
of concrete or crushed stone composite material are not considered
decorative or ornamental.
(7) “FCC” means the Federal Communications Commission or its duly
appointed successor agency.
(8) “FCC Shot Clock” means the presumptively reasonable time frame
within which the City generally must act on a given wireless
application, as defined by the FCC and as may be amended or
superseded.
(9) “Ministerial permit” means any City-issued non-discretionary permit
required to commence or complete any construction or other activity
subject to the City's jurisdiction. Ministerial permits may include,
without limitation, any building permit, construction permit, electrical
permit, encroachment permit, excavation permit, traffic control permit
and/or any similar over-the-counter approval issued by the City's
departments.
(10) “Personal wireless services” means the same as defined in 47
U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded.
(11) “Personal wireless service facilities” means the same as defined
in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded.
(12) “Public right-of-way” means any land which has been reserved for
or dedicated to the City for the use of the general public for public
road purposes, including streets, sidewalks and unpaved areas.
(13) “RF” means radio frequency or electromagnetic waves.
(14) “Section 6409” 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 may be amended or
superseded.
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(15) “Small wireless facility” or “small wireless facilities” means the
same as defined by the FCC in 47 C.F.R. § 1.6002(1), as may be
amended or superseded.
SECTION 2. SMALL WIRELESS FACILITIES
SECTION 2.1. APPLICABILITY; REQUIRED PERMITS AND APPROVALS
(a) Applicable Facilities. Except as expressly provided otherwise in this Policy, the
provisions in this Policy shall be applicable to all existing small wireless facilities
and all applications and requests for authorization to construct, install, attach,
operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy
small wireless facilities within the City's jurisdictional boundaries.
(b) Approval Authority. The approval authority for small wireless facilities in public
rights-of-way shall be the City Engineer or his/her designee. The approval
authority for small wireless facilities outside of public rights-of-way shall be the
Community Development Director or his/her designee.
(c) Small Wireless Facility Permit. A small wireless facility permit, subject to the
approval authority's prior review and approval, is required for any small wireless
facility proposed on an existing, new or replacement structure.
(d) Request for Approval Pursuant to Section 6409. Requests for approval to
collocate, replace or remove transmission equipment at an existing wireless
tower or base station submitted pursuant to Section 6409 are not be subject to
this policy, but shall be reviewed in accordance with Section 6409.
(e) Other Permits and Approvals. In addition to a small wireless facility permit, the
applicant must obtain all other permits and regulatory approvals as may be
required by any other federal, state or local government agencies, which
includes without limitation any ministerial permits and/or other approvals issued
by other City departments or divisions. All applications for ministerial permits
submitted in connection with a proposed small wireless facility must contain a
valid small wireless facility permit issued by the City for the proposed facility.
Any application for any ministerial permit(s) submitted without such small cell
permit may be denied without prejudice. Furthermore, any small cell permit
granted under this Policy shall remain subject to all lawful conditions and/or legal
requirements associated with such other permits or approvals.
SECTION 2.2. SMALL WIRELESS FACILITY PERMIT APPLICATION
REQUIREMENTS
(a) Application Contents. All applications for a small wireless facility must include
all the information and materials required in this subsection (a).
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(1) Application Form. The applicant shall submit a complete, duly executed
small wireless facility permit application using the then-current City form
which must include the information described in this subsection (a).
(2) Application Fee. The applicant shall submit the applicable small wireless
facility permit application fee established by City Council resolution.
Batched applications must include the applicable small wireless facility
permit application fee for each small wireless facility in the batch. If no
permit application fee has been established, then the applicant must
submit a signed written statement that acknowledges that the applicant
will be required to reimburse the City for its reasonable costs incurred in
connection with the application within 10 days after the City issues a
written demand for reimbursement.
(3) Construction Drawings. The applicant shall submit true and correct
construction drawings on plain bond paper and electronically, prepared,
signed and stamped by a California licensed or registered structural
engineer, that depict all the existing and proposed improvements,
equipment and conditions related to the proposed project and project site,
which includes without limitation any and all poles, posts, pedestals,
traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways,
curbs, gutters, drains, handholes, manholes, fire hydrants, equipment
cabinets, antennas, cables, trees and other landscape features. If the
applicant proposes to use existing poles or other existing structures, the
structural engineer must certify that the existing above and below ground
structure will be adequate for the purpose. The construction drawings
must: (i) contain cut sheets that contain the technical specifications for all
existing and proposed antennas and accessory equipment, which
includes without limitation the manufacturer, model number and physical
dimensions; (ii) identify all structures within 250 feet from the proposed
project site and call out such structures' overall height above ground
level; (iii) depict the applicant's plan for electric and data backhaul utilities,
which shall include the locations for all conduits, cables, wires,
handholes, junctions, transformers, meters, disconnect switches, and
points of connection; (iv) traffic control plans for the installation phase,
stamped and signed by a California licensed or registered civil or traffic
engineer; and (v) demonstrate that proposed project will be in full
compliance with all applicable health and safety laws, regulations or other
rules, which includes without limitation all building codes, electric codes,
local street standards and specifications, and public utility regulations and
orders.
(4) Site Plan. The applicant shall submit a survey prepared, signed and
stamped by a California licensed or registered surveyor. The survey
must identify and depict all existing boundaries, encroachments,
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buildings, walls, fences and other structures within 250 feet from the
proposed project site, which includes without limitation all: (i) traffic
lanes; (ii) all private properties and property lines; (iii) above and below-
grade utilities and related structures and encroachments; (iv) fire
hydrants, roadside call boxes and other public safety infrastructure; (v)
streetlights, decorative poles, traffic signals and permanent signage; (vi)
sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii)
benches, trash cans, mailboxes, kiosks and other street furniture; and
(viii) existing trees, planters and other landscaping features.
(5) Photo Simulations. The applicant shall submit site photographs and photo
simulations that show the existing location and proposed small wireless
facility in context from at least three vantage points within the public streets
or other publicly accessible spaces, together with a vicinity map that shows
the proposed site location and the photo location for each vantage point. At
least one simulation must depict the small wireless facility from a vantage
point approximately 50 feet from the proposed support structure or location.
(6) Project Narrative and Justification. The applicant shall submit a written
statement that explains in plain factual detail why the proposed wireless
facility qualifies as a “small wireless facility” as defined by the FCC in 47
C.F.R. § 1.6002(/). 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 the written statement the
applicant must also include (i) whether and why the proposed support is a
“structure” as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii)
whether and why the proposed wireless facility meets each required
finding as provided in Section 2.4.
(7) RF Compliance Report. The applicant shall submit an RF exposure
compliance report that certifies that the proposed small wireless facility, as
well as any collocated wireless facilities, will comply with applicable
federal RF exposure standards and exposure limits. The RF report must
be prepared and certified by an RF engineer acceptable to the City. The
RF report must include the actual frequency and power levels (in watts
effective radiated power) for all existing and proposed antennas at the site
and exhibits that show the location and orientation of all transmitting
antennas and the boundaries of areas with RF exposures in excess of the
uncontrolled/general population limit (as that term is defined by the FCC)
and also the boundaries of areas with RF exposures in excess of the
controlled/occupational limit (as that term is defined by the FCC). Each
such boundary shall be clearly marked and identified for every transmitting
antenna at the project site.
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(8) Regulatory Authorization. The applicant shall submit evidence of the
applicant's regulatory status under federal and California law to provide the
services and construct the small wireless facility proposed in the application.
(9) Site Agreement. For any small wireless facility proposed to be installed on
any structure located within the public rights-of-way, the applicant shall
submit a partially-executed site agreement on a form prepared by the City
that states the terms and conditions for such use by the applicant. No
changes shall be permitted to the City's form site agreement except as may
be indicated on the form itself. Any unpermitted changes to the City's form
site agreement shall be deemed a basis to deem the application incomplete.
Refusal to accept the terms and conditions in the City's site agreement
shall be an independently sufficient basis to deny the application.
(10) Property Owner's Authorization. The applicant must submit a written
authorization signed by the property owner that authorizes the applicant to
submit a wireless application in connection with the subject property and,
if the wireless facility is proposed on a utility-owned support structure,
submit a written final utility design authorization from the utility.
(11) Acoustic Analysis. The applicant shall submit an acoustic analysis
prepared and certified by an engineer licensed by the State of California
for the proposed small wireless facility and all associated equipment
including all environmental control units, sump pumps, temporary backup
power generators and permanent backup power generators demonstrating
compliance with the City's noise regulations. The acoustic analysis must
also 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 an acoustic analysis, the applicant
may submit evidence from the equipment manufacturer(s) that the
ambient noise emitted from all the proposed equipment will not, both
individually and cumulatively, exceed the applicable noise limits.
(12) Justification for Non-Preferred Location or Structure. If a facility is
proposed anywhere other than the most preferred location or the most
preferred structure within 500 feet of the proposed location as described in
Section 2.6, the applicant shall demonstrate with clear and convincing
written evidence all of the following:
(A) A clearly defined technical service objective and a map showing
areas that meets that objective;
(B) A technical analysis that includes the factual reasons why a more
preferred location(s) and/or more preferred structure(s) within 500
feet of the proposed location is not technically feasible;
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(C) Bare conclusions that are not factually supported do not constitute
clear and convincing written evidence.
(b) Additional Requirements. The City Council authorizes the approval authority to
develop, publish and from time to time update or amend permit application
requirements, forms, checklists, guidelines, informational handouts and other
related materials that the approval authority finds necessary, appropriate or
useful for processing any application governed under this Policy. All such
requirements and materials must be in written form and publicly stated to
provide all interested parties with prior notice.
SECTION 2.3. SMALL WIRELESS FACILITY PERMIT APPLICATION
SUBMITTAL AND COMPLETENESS REVIEW
(a) Requirements for a Duly Filed Application. Any application for a small
wireless facility permit will not be considered duly filed unless submitted in
accordance with the requirements in this subsection (a).
(1) Submittal Appointment. All applications must be submitted to the City at
a pre-scheduled appointment with the approval authority. Potential
applicants may generally submit either one application or one batched
application per appointment as provided below. Potential applicants may
schedule successive appointments for multiple applications whenever
feasible and not prejudicial to other applicants for any other development
project. The approval authority shall use reasonable efforts to offer an
appointment within five working days after the approval authority receives
a written request from a potential applicant. Any purported application
received without an appointment, whether delivered in-person, by mail or
through any other means, will not be considered duly filed, whether the
City retains, returns or destroys the materials received.
(2) Pre-Submittal Conferences. The City encourages, but does not require,
potential applicants to schedule and attend a pre-submittal conference
with the approval authority for all proposed projects that involve small
wireless facilities. A voluntary pre-submittal conference is intended to
streamline the review process through informal discussion between the
potential applicant and staff that includes, without limitation, the
appropriate project classification and review process; any latent issues in
connection with the proposed project, including compliance with generally
applicable rules for public health and safety; potential concealment issues
or concerns (if applicable); coordination with other City departments
responsible for application review; and application completeness issues.
(b) Applications Deemed Withdrawn. To promote efficient review and timely
decisions, and to mitigate unreasonable delays or barriers to entry caused by
chronically incomplete applications, any application governed under this Policy
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will be automatically deemed withdrawn by the applicant when the applicant fails
to tender a substantive response to the approval authority within 60 calendar
days after the approval authority deems the application incomplete in a written
notice to the applicant. As used in this subsection (b), a “substantive response”
must include the materials identified as incomplete in the approval authority's
notice.
(c) Batched Applications. Applicants may submit applications individually or in a
batch; provided, that the number of small wireless facilities in a batch should be
limited to five and all facilities in the batch should be substantially the same with
respect to equipment, configuration, and support structure. Applications
submitted as a batch shall be reviewed together, provided that each application
in the batch must meet all the requirements for a complete application, which
includes without limitation the application fee for each application in the batch. If
any individual application within a batch is deemed incomplete, the entire batch
shall be automatically deemed incomplete. If any application is withdrawn or
deemed withdrawn from a batch, all other applications in the same batch shall be
automatically deemed withdrawn. If any application in a batch fails to meet the
required findings for approval, the entire batch shall be denied.
(d) Additional Procedures. The City Council authorizes the approval authority to
establish other reasonable rules and regulations for duly filed applications, which
may include without limitation regular hours for appointments with applicants, as
the approval authority deems necessary or appropriate to organize, document
and manage the application intake process. All such rules and regulations must
be in written form and publicly stated to provide all interested parties with prior
notice.
SECTION 2.4. APPROVALS AND DENIALS
(a) Review by Approval Authority. The approval authority shall review a complete
and duly filed application for a small wireless facility and may act on such
application without prior notice or a public hearing.
(b) Required Findings. The approval authority may approve or conditionally
approve a complete and duly filed application for a small wireless facility permit
when the approval authority finds:
(1) The proposed project meets the definition for a “small wireless facility” as
defined by the FCC;
(2) The proposed facility would be in the most preferred location within 500
feet from the proposed site in any direction or the applicant has
demonstrated with clear and convincing evidence in the written record that
any more-preferred location(s) within 500 feet would be technically
infeasible;
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(3) The proposed facility would not be located on a prohibited support
structure identified in this Policy;
(4) The proposed facility would be on the most preferred support structure
within 500 feet from the proposed site in any direction or the applicant has
demonstrated with clear and convincing evidence in the written record that
any more-preferred support structure(s) within 500 feet would be
technically infeasible;
(5) The proposed facility complies with all applicable design standards in this
Policy;
(6) The applicant has demonstrated that the proposed project will be in planned
compliance with all applicable FCC regulations and guidelines for human
exposure to RF emissions.
(c) Conditional Approvals; Denials without Prejudice. Subject to any applicable
federal or California laws, nothing in this Policy is intended to limit the approval
authority's ability to conditionally approve or deny without prejudice any small
wireless facility permit application as may be necessary or appropriate to ensure
compliance with this Policy.
(d) Decision Notices. Within five calendar days after the approval authority acts on
a small wireless facility permit application or before the FCC Shot Clock expires
(whichever occurs first), the approval authority shall notify the applicant by written
notice. If the approval authority denies the application (with or without prejudice),
the written notice must contain the reasons for the decision.
(e) Appeals. Any decision by the approval authority shall be final and not subject to
any administrative appeals.
SECTION 2.5. STANDARD CONDITIONS OF APPROVAL
(a) General Conditions. In addition to all other conditions adopted by the approval
authority permits issued under this Policy shall be automatically subject to the
conditions in this subsection (a).
(1) Permit Term. This permit will automatically expire 10 years and one day from its
issuance unless California Government Code § 65964(b) authorizes the City to
establish a shorter term for public safety reasons. Any other permits or
approvals issued in connection with any collocation, modification or other
change to this wireless facility, which includes without limitation any permits or
other approvals deemed-granted or deemed-approved under federal or state
law, will not extend this term limit unless expressly provided otherwise in such
permit or approval or required under federal or state law.
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(2) Permit Renewal. Within one (1) year before the expiration date of this permit,
the permittee may submit an application for permit renewal. To be eligible for
renewal, the permittee must demonstrate that the subject wireless facility is in
compliance with all the conditions of approval associated with this permit and all
applicable provisions in the Moorpark Municipal Code and this Policy that exist
at the time the decision to renew the permit is rendered. The approval authority
shall have discretion to modify or amend the conditions of approval for permit
renewal on a case-by-case basis as may be necessary or appropriate to ensure
compliance with this Policy. Upon renewal, this permit will automatically expire
10 years and one day from its issuance, except when California
Government Code § 65964(b), as may be amended or superseded in the
future, authorizes the City to establish a shorter term for public safety
reasons.
(3) Post-Installation Certification. Within 60 calendar days after the
permittee commences full, unattended operations of a small wireless
facility approved or deemed-approved, the permittee shall provide the
approval authority with documentation reasonably acceptable to the
approval authority that the small wireless facility has been installed and/or
constructed in strict compliance with the approved construction drawings
and photo simulations. Such documentation shall include without limitation
as-built drawings, and site photographs.
(4) Build-Out Period. This small wireless facility permit will automatically
expire six (6) months from the approval date unless the permittee obtains
all other permits and approvals required to install, construct and/or operate
the approved small 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 small wireless
facility or its use. If this build-out period expires, the City will not extend the
build-out period, but the permittee may resubmit a complete application,
including all application fees, for the same or substantially similar project.
(5) Site Maintenance. 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 construction drawings and all conditions
in this small wireless facility permit. The permittee shall keep the site area
free from all litter and debris at all times. The permittee, at no cost to the
City, shall remove and remediate any graffiti or other vandalism at the site
within 48 hours after the permittee receives notice or otherwise becomes
aware that such graffiti or other vandalism occurred.
(6) Compliance with Laws. The permittee shall maintain compliance at all
times with all federal, state and local statutes, regulations, orders or
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other rules that carry the force of law (“laws”) applicable to the permittee,
the subject property, the small wireless facility or any use or activities in
connection with the use authorized in this small wireless facility permit,
which includes without limitation any laws applicable to human exposure
to RF emissions. The permittee expressly acknowledges and agrees that
this obligation is intended to be broadly construed and that no other
specific requirements in these conditions are intended to reduce, relieve
or otherwise lessen the permittee's obligations to maintain compliance
with all laws. No failure or omission by the City to timely notice, prompt or
enforce compliance with any applicable provision in the Moorpark
Municipal Code, this Policy any permit, any permit condition or any
applicable law or regulation, shall be deemed to relieve, waive or lessen
the permittee's obligation to comply in all respects with all applicable
provisions in the Moorpark Municipal Code, this Policy, any permit, any
permit condition or any applicable law or regulation.
(7) Adverse Impacts on Other Properties. The permittee shall use all
reasonable efforts to avoid any and all unreasonable, undue or
unnecessary adverse impacts on nearby properties that may arise from the
permittee's or its authorized personnel's construction, installation, operation,
modification, maintenance, repair, removal and/or other activities on or
about the site. The permittee shall not perform or cause others to perform
any construction, installation, operation, modification, maintenance, repair,
removal or other work that involves heavy equipment or machines except
during normal construction work hours authorized by the Moorpark
Municipal 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 or other
state or federal government agency or official with authority to declare a
state of emergency within the City. The approval authority may issue a stop
work order for any activities that violates this condition in whole or in part.
(8) Inspections; Emergencies. The permittee expressly acknowledges and
agrees that the City's officers, officials, staff, agents, contractors or other
designees may enter onto the site and inspect the improvements and
equipment City's officers, officials, staff, agents, contractors or other
designees 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, if present, may observe the City's officers, officials, staff or
other designees while any such inspection or emergency access occurs.
(9) Permittee's Contact Information. Within 10 days from the final approval,
the permittee shall furnish the City with accurate and up-to-date contact
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information for a person responsible for the small wireless facility, which
includes without limitation such person's full name, title, direct telephone
number, facsimile number, mailing address and email address. The
permittee shall keep such contact information up-to-date at all times and
promptly provide the City with updated contact information if either the
responsible person or such person's contact information changes.
(10) Indemnification. The permittee shall defend, indemnify and hold
harmless the City, City Council and the City's boards, commissions,
agents, officers, officials, employees and volunteers (collectively, the
“indemnitees”) from any and all (i) damages, liabilities, injuries, losses,
costs and expenses and from any and all claims, demands, law suits, writs
and other actions proceedings (“claims”) brought against the indemnitees to
challenge, attack, seek to modify, set aside, void or annul the City's
approval of this permit, and (ii) other claims of any kind or form, whether for
personal injury, death or property damage, that arise from or in connection
with the permittee's or its agents', directors', officers', employees',
contractors', subcontractors', licensees' or customers' acts or omissions in
connection with this small cell permit or the small wireless facility. In the
event the City becomes aware of any claims, the City will use best efforts to
promptly notify the permittee shall reasonably cooperate in the defense.
The permittee expressly acknowledges and agrees that the City shall have
the right to approve, which approval shall not be unreasonably withheld, the
legal counsel providing the City's defense, and the permittee shall promptly
reimburse City for any costs and expenses directly and necessarily incurred
by the City in the course of the defense. The permittee expressly
acknowledges and agrees that the permittee's indemnification obligations
under this condition are a material consideration that motivates the City to
approve this small cell permit, and that such indemnification obligations will
survive the expiration, revocation or other termination of this small cell
permit.
(11) Performance Bond. Applicable to small wireless facilities within public
rights-of-way. Before the City issues any permits required to commence
construction in connection with this permit, the permittee shall post a
performance bond from a surety and in a form acceptable to the approval
authority in an amount reasonably necessary to cover the cost to remove
the improvements and restore all affected areas based on a written
estimate from a qualified contractor with experience in wireless facilities
removal. The written estimate must include the cost to remove all
equipment and other improvements, which includes without limitation all
antennas, radios, batteries, generators, utilities, cabinets, mounts,
brackets, hardware, cables, wires, conduits, structures, shelters, towers,
poles, footings and foundations, whether above ground or below ground,
constructed or installed in connection with the wireless facility, plus the
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cost to completely restore any areas affected by the removal work to a
standard compliant with applicable laws. In establishing or adjusting the
bond amount required under this condition, and in accordance with
California Government Code § 65964(a), the approval authority shall take
into consideration any information provided by the permittee regarding the
cost to remove the wireless facility to a standard compliant with applicable
laws. The performance bond shall expressly survive the duration of the
permit term to the extent required to effectuate a complete removal of the
subject wireless facility in accordance with this condition.
(12) Permit Revocation. The approval authority may recall this approval for
review at any time due to complaints about noncompliance with applicable
laws or any approval conditions attached to this approval after notice and
an opportunity to cure the violation is provided to the permittee. If the
noncompliance thereafter continues, the approval authority may, following
notice and an opportunity for the permittee to be heard (which hearing
may be limited to written submittals), revoke this approval or amend these
conditions as the approval authority deems necessary or appropriate to
correct any such noncompliance.
(13) Record Retention. Applicable to small wireless facilities within public
rights-of-way. 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.
The permittee may keep electronic records; provided, however, that hard
copies or electronic records kept in the City's regular files will control over
any conflicts between such City-controlled copies or records and the
permittee's electronic copies, and complete originals will control over all
other copies in any form.
(14) Abandoned Wireless Facilities. A small wireless facility shall be deemed
abandoned if not operated for any continuous six-month period. Within 90
days after a small wireless facility is abandoned or deemed abandoned,
the permittee shall completely remove the small wireless facility and all
related improvements and shall restore all affected areas to a condition
compliant with all applicable laws, which includes without limitation the
Moorpark Municipal Code. In the event that the permittee does not comply
with the removal and restoration obligations under this condition within
said 90-day period, the City shall have the right (but not the obligation) to
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perform such removal and restoration with or without notice, and the
permittee shall be liable for all costs and expenses incurred by the City in
connection with such removal and/or restoration activities.
(15) Landscaping. The permittee shall replace any landscape features
damaged or displaced by the construction, installation, operation,
maintenance or other work performed by the permittee or at the
permittee's direction on or about the site. If any trees are damaged or
displaced, the permittee shall hire and pay for a licensed arborist to select,
plant and maintain replacement landscaping in an appropriate location for
the species. Only workers under the supervision of a licensed arborist
shall be used to install the replacement tree(s). Any replacement tree must
be substantially the same size as the damaged tree unless otherwise
approved by the approval authority. The permittee shall, at all times, be
responsible to maintain any replacement landscape features.
(16) Cost Reimbursement. Applicable to small wireless facilities within public
rights-of-way. The permittee acknowledges and agrees that (i) the
permittee's request for authorization to construct, install and/or operate
the wireless facility will cause the City to incur costs and expenses; (ii) the
permittee shall be responsible to reimburse the City for all costs incurred
in connection with the permit, which includes without limitation costs
related to application review, permit issuance, site inspection and any
other costs reasonably related to or caused by the request for
authorization to construct, install and/or operate the wireless facility; (iii)
any application fees required for the application may not cover all such
reimbursable costs and that the permittee shall have the obligation to
reimburse City for all such costs 10 days after a written demand for
reimbursement and reasonable documentation to support such costs; and
(iv) the City shall have the right to withhold any permits or other approvals
in connection with the wireless facility until and unless any outstanding
costs have been reimbursed to the City by the permittee.
(17) Future Undergrounding Programs. Applicable to small wireless facilities
within public rights-of-way. Notwithstanding any term remaining on any
small cell permit, if other utilities or communications providers in the public
rights-of-way underground their facilities in the segment of the public
rights-of-way where the permittee's small wireless facility is located, the
permittee must also underground its equipment, except the antennas and
any approved electric meter, at approximately the same time. Accessory
equipment such as radios and computers that require an environmentally
controlled underground vault to function shall not be exempt from this
condition. Small wireless facilities installed on wood utility poles that will
be removed pursuant to the undergrounding program may be reinstalled
on a streetlight that complies with the City's standards and specifications.
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Such undergrounding shall occur at the permittee's sole cost and expense
except as may be reimbursed through tariffs approved by the state public
utilities commission for undergrounding costs.
(18) Electric Meter Upgrades. Applicable to small wireless facilities within
public rights-of-way. If the commercial electric utility provider adopts or
changes its rules obviating the need for a separate or ground-mounted
electric meter and enclosure, the permittee on its own initiative and at its
sole cost and expense shall remove the separate or ground-mounted
electric meter and enclosure. Prior to removing the electric meter, the
permittee shall apply for any encroachment and/or other ministerial
permit(s) required to perform the removal. Upon removal, the permittee
shall restore the affected area to its original condition that existed prior to
installation of the equipment.
(19) Rearrangement and Relocation. Applicable to small wireless facilities
within public rights-of-way. The permittee acknowledges that the City, in
its sole discretion and at any time, may: (i) change any street grade, width
or location; (ii) add, remove or otherwise change any improvements in,
on, under or along any street owned by the City or any other public
agency, which includes without limitation any sewers, storm drains,
conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas,
water, electric or telecommunications; and/or (iii) perform any other work
deemed necessary, useful or desirable by the City (collectively, “City
work”). The City reserves the rights to do any and all City work without
any admission on its part that the City would not have such rights without
the express reservation in this small cell permit. If the Public Works
Director determines that any City work will require the permittee's small
wireless facility located in the public rights-of-way to be rearranged and/or
relocated, the permittee shall, at its sole cost and expense, do or cause to
be done all things necessary to accomplish such rearrangement and/or
relocation. If the permittee fails or refuses to either permanently or
temporarily rearrange and/or relocate the permittee's small wireless
facility within a reasonable time after the Public Works Director's notice,
the City may (but will not be obligated to) cause the rearrangement or
relocation to be performed at the permittee's sole cost and expense. The
City may exercise its rights to rearrange or relocate the permittee's small
wireless facility without prior notice to permittee when the Public Works
Director determines that the City work is immediately necessary to protect
public health or safety. The permittee shall reimburse the City for all costs
and expenses in connection with such work within 10 days after a written
demand for reimbursement and reasonable documentation to support
such costs.
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SECTION 2.6. LOCATION REQUIREMENTS
(a) Preface to Location Requirements. To better assist applicants and
decisionmakers understand and respond to the community's aesthetic
preferences and values, subsections (b) and (c) set out listed preferences for
locations and support structures to be used in connection with small wireless
facilities in an ordered hierarchy. Applications that involve less-preferred
locations or structures may be approved so long as the applicant demonstrates
that either (1) no more preferred locations or structures exist within 500 feet from
the proposed site; or (2) any more preferred locations or structures within 500
feet from the proposed site would be technically infeasible as supported by clear
and convincing evidence in the written record. Subsection (d) identifies
“prohibited” support structures on which the City shall not approve any small cell
permit application for any competitor or potential competitor.
(b) Locational Preferences. The City prefers small wireless facilities to be installed
in locations, ordered from most preferred to least preferred, as follows:
(1) any location in a non-residential zone or non-residential Specific Plan
designation;
(2) any location in a residential zone 250 feet or more from any structure
approved for a residential use;
(3) If located in a residential area, a location that is as far as possible from
any structure approved for a residential use.
(c) Support Structures in Public Rights-of-Way. The City prefers small wireless
facilities to be installed on support structures in the public rights-of-way, ordered
from most preferred to least preferred, as follows:
(1) Existing or replacement streetlight poles;
(2) New, non-replacement streetlight poles;
(3) New or replacement traffic signal poles;
(4) New, non-replacement poles;
(5) Existing or replacement wood utility poles.
(d) Prohibited Support Structures in Public Rights-of-Way. The City prohibits
small wireless facilities to be installed on the following support structures:
(1) Decorative poles;
(2) Signs;
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(3) Any utility pole scheduled for removal or relocation within 12 months from
the time the approval authority acts on the small cell permit application;
(4) New, non-replacement wood poles.
SECTION 2.7. DESIGN STANDARDS
(a) General Standards.
(1) Noise. Noise emitted from small wireless facilities and all accessory
equipment and transmission equipment must comply with all applicable
City noise control standards.
(2) Lights. Small wireless facilities shall not include any lights that would be
visible from publicly accessible areas, except as may be required under
Federal Aviation Administration, FCC, other applicable regulations for
health and safety. All equipment with lights (such as indicator or status
lights) must be installed in locations and within enclosures that mitigate
illumination impacts visible from publicly accessible areas. The provisions
in this subsection (a)(2) shall not be interpreted or applied to prohibit
installations on streetlights or luminaires installed on new or replacement
poles as may be required under this Policy.
(3) Landscape Features. No small wireless facility shall encroach into the
protected zone of a protected oak or landmark tree. Small wireless
facilities shall not displace any other existing landscape features unless:
(A) such displaced landscaping is replaced with native and/or drought-
resistant plants, trees or other landscape features approved by the
approval authority and (B) the applicant submits and adheres to a
landscape maintenance plan. The landscape plan must include existing
vegetation, and vegetation proposed to be removed or trimmed, and the
landscape plan must identify proposed landscaping by species type, size
and location. Landscaping and landscape maintenance must be
performed in accordance with all applicable provisions of the Moorpark
Municipal Code.
(4) Site Security Measures. Small wireless facilities may incorporate
reasonable and appropriate site security measures, such as locks and
anti-climbing devices, to prevent unauthorized access, theft or vandalism.
The approval authority shall not approve any barbed wire, razor ribbon,
electrified fences or any similarly dangerous security measures. All
exterior surfaces on small wireless facilities shall be constructed from or
coated with graffiti-resistant materials.
(5) Signage; Advertisements. All small wireless facilities must include
signage not to exceed one (1) square feet in sign area that accurately
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identifies the site owner/operator, the owner/operator's site name or
identification number and a toll-free number to the owner/operator's
network operations center. Small wireless facilities may not bear any other
signage or advertisements unless expressly approved by the City,
required by law or recommended under FCC, Occupational Safety and
Health Administration or other United States governmental agencies for
compliance with RF emissions regulations.
(6) Compliance with Health and Safety Regulations. All small wireless
facilities shall be designed, constructed, operated and maintained in
compliance with all generally applicable health and safety regulations,
which includes without limitation all applicable regulations for human
exposure to RF emissions and compliance with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
(7) Overall Height. Small wireless facilities must comply with the minimum
separation from electrical lines required by applicable safety regulations
(such as CPUC General Order 95 and 128).
(b) Small Wireless Facilities within Public Rights-of-Way.
(1) Antennas.
(A) Concealment. All antennas and associated mounting equipment,
hardware, cables or other connecters must be completely
concealed within an opaque antenna shroud or radome. The
antenna shroud or radome must be painted a flat, non-reflective
color to match the underlying support structure.
(B) Antenna Volume. Each individual antenna may not exceed three
cubic feet in volume.
(2) Accessory Equipment.
(A) Installation Preferences. All non-antenna accessory equipment
shall be installed in accordance with the following preferences,
ordered from most preferred to least preferred: (i) underground in
any area in which the existing utilities are primarily located
underground; (ii) on the pole or support structure; or (iii) integrated
into the base of the pole or support structure. Applications that
involve lesser-preferred installation locations may be approved so
long as the applicant demonstrates that no more preferred
installation location would be technically feasible as supported by
clear and convincing evidence in the written record.
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(B) Undergrounded Accessory Equipment. All undergrounded
accessory equipment must be installed in an environmentally
controlled vault that is load-rated to meet the City's standards and
specifications. Underground vaults located beneath a sidewalk
must be constructed with a slip-resistant cover. Vents for airflow
shall be flush-to-grade when placed within the sidewalk and may
not exceed two feet above grade when placed off the sidewalk.
Applicants shall not be permitted to install an underground vault in
a location that would cause any existing tree to be materially
damaged or displaced. The Noise restrictions apply to underground
equipment as well, especially ventilation/cooling equipment.
(C) Pole-Mounted Accessory Equipment. All pole-mounted
accessory equipment must be installed flush to the pole to minimize
the overall visual profile. If any applicable health and safety
regulations prohibit flush-mounted equipment, the maximum
separation permitted between the accessory equipment and the
pole shall be the minimum separation required by such regulations.
All pole-mounted equipment and required or permitted signage
must be placed and oriented away from adjacent sidewalks and
structures. Pole-mounted equipment may be installed behind street,
traffic or other signs to the extent that the installation complies with
applicable public health and safety regulations. All cables, wires
and other connectors must be routed through conduits within the
pole, and all conduit attachments, cables, wires and other
connectors must be concealed from public view. To the extent that
cables, wires and other connectors cannot be routed through the
pole, applicants shall route them through a single external conduit
or shroud that has been finished to match the underlying support
structure.
(D) Base-Mounted Accessory Equipment. All base-mounted
accessory equipment must be installed within a shroud, enclosure
or pedestal integrated into the base of the support structure. All
cables, wires and other connectors routed between the antenna
and base-mounted equipment must be concealed from public view.
(E) Ground-Mounted Accessory Equipment. The approval authority
shall not approve any ground-mounted accessory equipment
including, but not limited to, any utility or transmission equipment,
pedestals, cabinets, panels or electric meters.
(F) Accessory Equipment Volume. All accessory equipment
associated with a small wireless facility installed above ground level shall
not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a
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residential district; or (ii) seventeen (17) cubic feet in volume if installed in
a non-residential district. The volume calculation shall include any shroud,
cabinet or other concealment device used in connection with the non-
antenna accessory equipment. The volume calculation shall not include
any equipment or other improvements placed underground.
(3) Streetlights. Applicants that propose to install small wireless facilities on
an existing streetlight must remove and replace the existing streetlight with
one substantially similar to the design(s) for small wireless facilities on
streetlights described in the City's Road Design and Construction
Standards. To mitigate any material changes in the streetlighting patterns,
the replacement pole must: (A) be located as close to the removed pole as
possible; (B) be aligned with the other existing streetlights; and (C) include
a luminaire at substantially the same height and distance from the pole as
the luminaire on the removed pole. All antennas must be installed above
the pole within a single, canister style shroud or radome that tapers to the
pole.
(4) Wood Utility Poles. Applicants that propose to install small wireless
facilities on an existing wood utility pole must install all antennas in a
radome above the pole unless the applicant demonstrates that mounting
the antennas above the pole would be technically infeasible as supported
by clear and convincing evidence in the written record. Side-mounted
antennas on a stand-off bracket or extension arm must be concealed
within a shroud. All cables, wires and other connectors must be concealed
within the radome and stand-off bracket. The maximum horizontal
separation between the antenna and the pole shall be the minimum
separation required by applicable health and safety regulations.
(5) New, Non-Replacement Poles. Applicants that propose to install a
small wireless facility on a new, non-replacement pole must install a new
streetlight substantially similar to the City's standards and specifications
but designed to accommodate wireless antennas and accessory
equipment located immediately adjacent to the proposed location. If
there are no existing streetlights in the immediate vicinity, the applicant
may install a metal or composite pole capable of concealing all the
accessory equipment either within the pole or within an integrated
enclosure located at the base of the pole. The pole diameter shall not
exceed twelve (12) inches and any base enclosure diameter shall not
exceed sixteen (16) inches. All antennas, whether on a new streetlight
or other new pole, must be installed above the pole within a single,
canister style shroud or radome that tapers to the pole.
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(6) Encroachments over Private Property. Small wireless facilities may not
encroach onto or over any private or other property outside the public
rights-of-way without the property owner's express written consent.
(7) Backup Power Sources. Fossil-fuel based backup power sources shall
not be permitted within the public rights-of-way; provided, however, that
connectors or receptacles may be installed for temporary backup power
generators used in an emergency declared by federal, state or local
officials.
(8) Obstructions; Public Safety and Circulation. Small wireless facilities
and any associated equipment or improvements shall not physically
interfere with or impede access to any: (A) worker access to any above-
ground or underground infrastructure for traffic control, streetlight or
public transportation, including without limitation any curb control sign,
parking meter, vehicular traffic sign or signal, pedestrian traffic sign or
signal, barricade reflectors; (B) access to any public transportation
vehicles, shelters, street furniture or other improvements at any public
transportation stop; (C) worker access to above-ground or underground
infrastructure owned or operated by any public or private utility agency;
(D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk
doors, passage doors, stoops or other ingress and egress points to any
building appurtenant to the rights-of-way; (F) access to any fire escape or
(G) above ground improvements must be setback a minimum of 2 feet
from existing or planned sidewalks, trails, curb faces or road surfaces.
(9) Utility Connections. All cables and connectors for telephone, data
backhaul, primary electric and other similar utilities must be routed
underground in conduits large enough to accommodate future collocated
wireless facilities. Undergrounded cables and wires must transition directly
into the pole base without any external doghouse. All cables, wires and
connectors between the underground conduits and the antennas and
other accessory equipment shall be routed through and concealed from
view within: (A) internal risers or conduits if on a concrete, composite or
similar pole; or (B) a cable shroud or conduit mounted as flush to the pole
as possible if on a wood pole or other pole without internal cable space.
The approval authority shall not approve new overhead utility lines or
service drops merely because compliance with the undergrounding
requirements would increase the project cost.
(10) Spools and Coils. To reduce clutter and deter vandalism, excess fiber
optic or coaxial cables shall not be spooled, coiled or otherwise stored on
the pole outside equipment cabinets or shrouds.
(11) Electric Meters. Small wireless facilities shall use flat-rate electric
service or other method that obviates the need for a separate above-
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grade electric meter. If flat-rate service is not available, applicants may
install a shrouded smart meter. The approval authority shall not approve
a separate ground-mounted electric meter pedestal unless required by
the utility company.
(12) Street Trees. To preserve existing landscaping in the public rights-of-way,
all work performed in connection with small wireless facilities shall not
cause any street trees to be trimmed, damaged or displaced. If any street
trees are damaged or displaced, the applicant shall be responsible, at its
sole cost and expense, to plant and maintain replacement trees at the site
for the duration of the permit term.
(13) Lines of Sight. No wireless facility shall be located so as to obstruct
pedestrian or vehicular lines-of-sight.
(c) Small Wireless Facilities Outside of Public Rights-of-Way
(1) Setbacks. Small wireless facilities on private property may not encroach
into any applicable setback for structures in the subject zoning district.
(2) Backup Power Sources. The Director shall not approve any diesel
generators or other similarly noisy or noxious generators in or within 250
feet from any residence; provided, however, the Director may approve
sockets or other connections used for temporary backup generators.
(3) Parking; Access. Any equipment or improvements constructed or
installed in connection with any small wireless facilities must not reduce
any parking spaces below the minimum requirement for the subject
property. Whenever feasible, small wireless facilities must use existing
parking and access rather than construct new parking or access
improvements. Any new parking or access improvements must be the
minimum size necessary to reasonably accommodate the proposed use.
(4) Freestanding Small Wireless Facilities. All new poles or other
freestanding structures that support small wireless facilities must be made
from a metal or composite material capable of concealing all the
accessory equipment, including cables, mounting brackets, radios, and
utilities, either within the support structure or within an integrated
enclosure located at the base of the support structure. All antennas must
be installed above the pole in a single, canister-style shroud or radome.
The support structure and all transmission equipment must be painted
with flat/neutral colors that match the support structure. The pole diameter
shall not exceed twelve (12) inches and any base enclosure diameter shall
not exceed sixteen (16) inches.
(5) Small Wireless Facilities on Existing Buildings.
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(A) All components of building-mounted wireless facilities must be
completely concealed and architecturally integrated into the existing
facade or rooftop features with no visible impacts from any publicly
accessible areas. Examples include, but are not limited to,
antennas and wiring concealed behind existing parapet walls or
facades replaced with RF-transparent material and finished to
mimic the replaced materials.
(B) If the applicant demonstrates with clear and convincing evidence
that integration with existing building features is technically
infeasible, the applicant may propose to conceal the wireless facility
within a new architectural element designed to match or mimic the
architectural details of the building including length, width, depth,
shape, spacing, color, and texture.
(6) Small Wireless Facilities on Existing Lattice Tower Utility Poles
(A) Antennas must be flush-mounted to the side of the pole and
designed to match the color and texture of the pole. If
technologically infeasible to flush-mount an antenna, it may be
mounted on an extension arm that protrudes as little as possible
from the edge of the existing pole provided that the wires are
concealed inside the extension arm. The extension arm shall match
the color of the pole.
(B) Wiring must be concealed in conduit that is flush-mounted to the
pole. The conduit and mounting hardware shall match the color of
the pole.
(C) All accessory equipment must be placed underground unless
undergrounding would be technically infeasible as supported by
clear and convincing evidence in the written record. Above-ground
accessory equipment mounted on a pole, if any, shall be enclosed
in a cabinet that matches the color and finish of the structures on
which they are mounted. Above-ground cabinets not mounted on a
structure, if any, shall be dark green in color.
(D) No antenna or accessory equipment shall be attached to a utility
line, cable or guy wire.
(7) Small Wireless Facilities on Existing Wood Utility Poles.
(A) All antennas must be installed within a cylindrical shroud (radome)
above the top of the pole unless the applicant demonstrates that
mounting antennas above the pole would be technically infeasible
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as supported by clear and convincing evidence in the written
record.
(B) All antennas must be concealed within a shroud (radome) designed
to match the color or the pole, except as described in (8) (E).
(C) No antenna or accessory equipment shall be attached to a utility
line, cable or guy wire.
(D) If it is technically infeasible to mount an antenna above the pole it
may be flush-mounted to the side of the pole. If it is technically
infeasible to flush-mount the antenna to the side of the pole it may
be installed at the top of a stand-off bracket/extension arm that
protrudes as little as possible beyond the side of the pole. Antenna
shrouds on stand-off brackets must be a medium gray color to
blend in with the daytime sky.
(E) Wires must be concealed within the antenna shroud, extension
bracket/extension arm and conduit that is flush-mounted to the
pole. The conduit and mounting hardware shall match the color of
the pole.
(F) All accessory equipment must be placed underground, unless
undergrounding would be technically infeasible as supported by
clear and convincing evidence in the written record. Above ground
accessory equipment mounted on a pole, if any, shall be enclosed
in a cabinet that matches the color and finish of the pole. Above-
ground cabinets not mounted on a structure, if any, shall be dark
green in color.
(8) Small Wireless Facilities on Existing Water Reservoirs.
(A) Antennas must be mounted as close as possible to the side of the
reservoir.
(B) No antenna or accessory equipment shall project above the top of
the reservoir.
(C) Wires must be concealed within a shroud or conduit that is flush-
mounted to the reservoir. The conduit and mounting hardware shall
match the color of the reservoir.
(D) Antennas and antenna shrouds shall be painted to match the color
of the reservoir.
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(E) All accessory equipment must be placed underground unless
undergrounding would be technically infeasible as supported by
clear and convincing evidence in the written record. Above-ground
equipment cabinets, if any, shall be dark green in color.
(F) All water reservoir installations must also be approved by the Water
District having jurisdiction/ownership.
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