HomeMy WebLinkAboutDraft Wireless Resolution Resolution No. XXXX
RESOLUTION NO. XXXX
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING
RULES AND GUIDELINES FOR WIRELESS COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, pursuant to Ordinance No. 1673, the Seal Beach City Council has enacted
procedures and requirements for the approval of wireless communications facilities in the public
rights-of-way, by amending Chapter 6.10 of Title 6 of the Seal Beach Municipal Code to amend
Section 6.10.010 and Section 6.10.065, repealing Section 6.10.070 and adding new Sections
6.10.070 and 6.10.075 regulating wireless communications facilites in the public rights-of-way;
and
WHEREAS, Section 6.10.070 of the Seal Beach.;.Municipal Code'authorizes the City
Council to adopt rules and guidelines by resolution to further implement apt ;;administer the
provisions of Section 6.10.070; and
WHEREAS, Section 6.10.075 of the Seal Beach Municipal Code authorizes the City
Council to adopt rules and guidelines by resolutioti,,t,implprtient and administer the provisions
of Section 6.10.075 regarding applications for wireless>co. munications facilities in the public
rights-of-way that qualify as eligible facilities under Sechb ::6409(a) of the Middle Class Tax
Relief and Job Creation Act; and
WHEREAS, this Resolution has been reve00 _respect to the applicability of the
California Environmental Quality Act of 17O 10Piii..("CEQA!1;.'itidiiiittie State CEQA Guidelines, and
the City Council has determined that this i*Rly:001 does not constitute a "project" within the
meaning of CEQA Guidelines Section 15060(c) )because there is no potential that it will result
in a direct or reasonably foreist .indirect physical change in the environment and CEQA
Guidelines Section 15378 b,e0guse it i s no poteri tal for either a direct physical change to the
environment, or a reasonably fore gable indirect physical change in the environment.
Moreover, even if the proposed OrdOtop.gligOMprOes a project for CEQA analysis, it falls within
the "common sense" CES. exeEi€pt on set`forth in CEQA Guidelines Section 15061(b)(3),
excluding projects where "It cant e:seen with certainty that there is no possibility that the activity
in question may have a significa :;effect on the environment." Adoption of this Resolution will
also enact only rril t i't tinges in fad:use regulations, and it can be seen with certainty that its
adoption will :.*I ave ti's ificant effect on the environment because it will not allow for the
development 'f any new or expanded wireless telecommunication facilities anywhere other than
where they were previously allowed under existing federal, state and local regulations. It is
therefore not subject to the envrOnmental review pursuant to CEQA Guidelines Section 15305,
minor alterations to.land use.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
SECTION 1. The foregoing recitals are hereby adopted as findings of the City Council.
SECTION 2. The Rules and Guidelines for Wireless Communications Facilities in the
Public Rights-of-Way ("Rules") as set forth in Exhibit "1", attached hereto and incorporated
herein by this reference, are hereby adopted.
1
Draft 11-13-18
I
Resolution No. XXXX
SECTION 3. Savings Clause. Neither the adoption of this Resolution nor the repeal
or amendment by this Resolution of any resolution or part or portion of any resolution previously
in effect in the City, or within the territory comprising the City, shall in any manner affect the
prosecution for the violation of any ordinance, which violation was committed prior to the
effective date of this Resolution, nor be construed as a waiver of any license, fee or penalty or
the penal provisions applicable to any violation of such resolutions.
SECTION 4. Severability. If any sentence, clause, or phrase of this Resolution is for
any reason held to be unconstitutional or otherwise invalid, such;dOcision shall not affect the
validity of the remaining provisions of this Resolution. The City Goiincil hereby declares that it
would have passed this Resolution and each sentence, clause or'phrase thereof irrespective of
the fact that any one or more sentence, clauses or phrases .be declared unconstitutional or
otherwise invalid.
SECTION 5. Effective Date. This Resolution shall be effective uponthe effective date
of Ordinance No. 1673.
SECTION 6. The City Clerk shall certify to.::•tho adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by tbegity Council of the City of Seal Beach
at a meeting thereof held on the day of '"V2018.
dike Varipapa, Mayor
ATTEST:
AV.
{ y . 40. ::��ki
Robin L. Roberts, MMCi Clerk Craig A. Steele, City Attorney
STATE OF CALIFORNIA `<{ ,,
COUNTY OF ORANGE'ku,:»
CITY OF SE
I, Robin Roberts, City Clerk of.the City of Seal Beach, do hereby certify that the foregoing
resolution is the.original of Resolution Number XXXX on file in the office of the City Clerk,
passed, approved; and adopted by the City Council at a regular meeting held on the day of
August 2018.
Robin L. Roberts, MMC, City Clerk
2
Draft 11-13-18
Resolution No. XXXX
EXHIBIT "1" TO CITY OF SEAL BEACH RESOLUTION NO. XXXX
RULES AND GUIDELINES FOR WIRELESS COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
TABLE OF CONTENTS ▪_:..
e ▪'. Page
A
CHAPTER 1 - POLICY , : };,. 4
Rule 1.1 Purpose ,
.:k:.xtw:.„
Rule 1.2 Construction and Intent ,, .
CHAPTER 2 - DEFINITIONS Al". 4
CHAPTER 3 -WIRELESS COMMUNICATIONS FACIITI ''1N THE PUBLIC RIGHTS-
OF-WAY (SEAL BEACH MUNICIPAL CODE SECTION 6.10.070) 6
Rule 3.1 Scope :>:'t': <<:<:::: .,. 6
3.1.1 Small Wireless Facilities antf Other Wfrless< i'imunications
Facilities :.: , ,:::,..• 6
3.1.2 Eligible Facilities +. 6
3.1.3 Governing Laws 6
Rule 3.2 SWFP and AWCFP App cations 6
3.2.1 Application Procedures 6
3.2.2 Application SgbmiI Requirements 7
3.2.3 Public Noticeo'fWEP or AWCFP Application 11
3.2.4 Desi n nd DeveToprnent Standards for Small Wireless Facilities.. 12
3.2.5 ..::pg§igtratittippyelopM0r4i.pandards for Other Wireless
»'Communicatibp0iFacilities 13
3.2.6 General requirements for all Wireless Communications Facilities.. 13
3.2::7:!» Southern California Edison (SCE) Streetlights 17
3.2.8"`> ty-Owned Str #'ights 18
3.2.9 Wooden Utility Poles Regulated by the Southern California Joint
Pole"Gorham 20
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... ...............
3.2.10 Conditiennsf Approval 21
3.2.11 Operation and Maintenance Standards 26
Exhibit "1" - Page 1
Resolution No. XXXX
CHAPTER 4 - ELIGIBLE FACILITIES IN THE PUBLIC RIGHTS-OF-WAY (SEAL BEACH
MUNICIPAL CODE SECTION 6.10.075) 28
Rule 4.1 Scope 28
Rule 4.2 EFP Applications 28
4.2.1 Application Procedures 28
4.2.2 Application Submittal Requirements 28
4.2.3 Application Submittal and Processing >:& = 32
4.2.4 Public Notice of EFP Application Wii 32
Rule 4.3 Design and Development Standards for Eligible'racilit -, *; 32
4.3.1 Towers and Base Stations in the PROW .,,, "<' 32
4.3.2 Application of Federal and State Design and Development Standards 32
Rule 4.4 Conditions of Approval 32
Rule 4.5 Operation and Maintenance Standards; 33
CHAPTER 5 - APPEALS TO CITY COUNCIL 33
Rule 5.1 General Requirements ...'YX<:n ..:•"::i:k` 33
Rule 5.2 Appeal Submittal requirement ;,...,>:: 33
5.2.1 Complete Appeal " x .. 33
5.2.2 Penalty of Periu y `"''..*:mi*,:. 33
5.2.3 Appellant Information . ' ' 33
'?:3 a4:
5.2.4 Fees ,. .<..x:,v:..... 33
5.2.5 Grounds:;for;Appeal,:aaa'w >f><>:: ;z.1E..%:Y: 33
5.2.6 Time for D a.n:, a`' 33
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CHAPTER 6 - FORMS .K.>::: � a :}. 33
Rule 6.1 ADIrector Responsibility 33
Rule 6.2 -ii ,.Publication 34
Exhibit "1" - Page 2
Resolution No. XXXX
RULES AND GUIDELINES FOR WIRELESS COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
CHAPTER 1 -- POLICY
Rule 1.1 Purpose. It is the purpose of these rules and guidelines ("Rules") to establish
application requirements and procedures, development standards and conditions for wireless
communications facilities in the public right-of-way to further implement Sections 6.10.070 and
6.10.075 of the Seal Beach Municipal Code (collectively the "Ordinances"), as may be amended
from time to time.
Rule 1.2 Construction and Intent.
A. The Rules are not intended to, nor shall they be interpreted or applied to:
1. Prohibit or effectively prohibitj: ny wireless communications service
provider's ability to provide wireless communications Services
2. Prohibit or effectively prohibit any ,wireless communications service
provider's ability to provide any interstate or intrastate telecommunications service, subject to
any competitively neutral and nondiscriminatory rules orreg .#..ations;
3. Unreasonably dis r nate.:...among providers of functionally equivalent
services; :;t,,..
4. Deny any request for authorizftion to place, construct or modify wireless
communications service facilities on the basis;:of environmental effects of radio frequency
emissions to the extent that....such facilities ;;:,comply with the Federal Communication
Commission's regulations cQn erning ch emissions;
5. Prohibit any csini5. 0.941,,QUInodification that the City may not deny under
federal or California state law; or
6. Otherwise;>"a.uthorize the City to preempt any applicable federal or
California state law or:regulation
B. A.The Rules set:forth herein shall be construed in a manner consistent with the
Ordinances,.all other applicable;;provisions of the Seal Beach Municipal Code, and with the
requirements :of Federal and State laws, regulations, orders and rulings pertaining to wireless
communications facilities in thpii0Oblic rights-of-way.
CHAPTER 2 -- DEFINITIONS
Except as otherwise expressly defined herein, terms and phrases used in these Rules shall
have the meaning ascribed to them in Sections 6.10.010, 6.10.070 and 6.10.075 of Chapter
Exhibit "1" - Page 3
1
I
Resolution No. XXXX
6.10 of Title 6 of the Seal Beach Municipal Code, unless the context in which they are used
clearly requires otherwise.
AWCFP: means an Administrative Wireless Communications Facility Permit as defined in
Section 6.10.010 and subject to the requirements of Section 6.10.070 of Chapter 6.10 of Title 6
of the Seal Beach Municipal.
City: means the City of Seal Beach.
Code: means the Seal Beach Municipal Code.
Day: means a calendar day, except as otherwise expressly prattled#it:these Rules.
Department: means the Public Works Department.
EFP: means an Eligible Facility Permit as defined :;€rti:Section 6.10.010 and;subject to the
requirements of Section 6.10.075 of Chapter 6.10 of Title 6 of The Seal Beach Municipal Code
and Section 6409.
Governing Laws: means all local, federal and st ' , regulations, orders and rulings
applicable to the specific existing or proposed wirelesiommunications facility or wireless
communications facility permit at issue. federal or state statiOSkrpgulations, FCC rulings and/or
orders, and PUC rulings and/or generalorders(colll.ectively "Appti able Laws")
Section 6.10.010: means Section 6.10.64:Q:. of Chapter'# 10 of Title 6 of the Seal Beach
Municipal, as may be amended.
Section 6.10.070: means SectitiiiM6,10.070 b Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code, as may be ata ended::M:.
Section 6.10.075: means Section 6.10.:07 pt..,Vtapter 6.10 of Title 6 of the Seal Beach
Municipal Code, as may amended.,
Section 6409: means Section>S4 9(a) of the Middle Class Tax Relief and Job Creation Act of
2012, Pub. L. No 112»96, 126 Sit. 156, codified as 47 U.S.C. Section 1455(a) (the "Spectrum
Act"), as may be>amend
SWFP: meals a Small Wirele54Facilities Permit as defined in Section 6.10.010 and subject to
the requirements of Section 6:10 070 of Chapter 6.10 of Title 6 of the Seal Beach Municipal
Code.
Substantial change means 'a substantial change as defined in Section 6409 and Section
6.10.075 of the Seal Be#Ottifilunicipal Code.
Exhibit "1" - Page 4
Resolution No. XXXX
WCFP: means a Wireless Communications Facility Permit as defined in Section 6.10.010 and
subject to the requirements of Section and 6.10.070 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code and including the following categories: SWFP, AWCFP and EFP.
WCF(s): means wireless communications facility(ies) defined in and subject to the requirements
of Section 6.10.010, 6.10.070 and 6.10.075 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code.
CHAPTER 3. --WIRELESS COMMUNICATIONS FACILITIES IN;THE PUBLIC RIGHTS-OF-
WAY (SEAL BEACH MUNICIPAL CODE SECTIO 6.10.070)
Rule 3.1 Scope.
3.1.1 Small Wireless Facilities and Other Wireless Communications Facilities. This
Chapter further implements the requirements for the pr€ used installation o(construction, and
modification or collocation, of small wireless facilities SWFs) and other WCFs'In the PROW
pursuant to Section 6.10.070.
3.1.2 Eligible Facilities. Deployment of ;eligible facilities, as defined in Section
6.10.010 and 6.10.075, shall be subject to Chapter 4 Of thoe Rules.
3.1.3 Governing Laws. This Chapter, and all applications and permits processed
pursuant to the Ordinances and these Itafes shall be interpreted;in a manner to be consistent
with the requirements of Section 6.10.070 end the pt0 kions of any applicable Governing Laws.
Rule 3.2 SWFP and AWCFP Applicatio i .
3.2.1 Application ProcedutesAn application for a SWFP or AWCFP shall be filed and
reviewed in accordance with;
Resolution No. XXXX
completeness issues. To mitigate unnecessary delays due to application incompleteness upon
submittal of an application, applicants are encouraged (but not required) to bring any draft
applications or other materials to the pre-submittal conference so that City staff may provide
informal feedback and guidance to assist the applicant in preparing the application.
B. Application Appointments. All applications must be submitted in person
to the City. The Director may require that applications be submitted at pre-scheduled
appointments with the Director or designee. The requirement for application appointments shall
be posted in a publicly accessible location at City Hall and published on the City's website.
Applicants may generally submit one application per appointment;bit may schedule successive
appointments for multiple applications whenever feasible and not ejudicial to other applicants.
Applicants may also submit batched applications, covering rtiSt pl 'tf ICFs, at the same time;
and the Director may develop alternative rules that allow:::€or`these`esurrently filed multiple
applications. Any application received without an appointment or the required application fee,
whether delivered in person, by mail or through any or means, will not' einsidered duly
filed unless the applicant received a written exemption''from the Director at a'voluntary pre-
submittal conference.
B. Shot Clocks. An application:shall be reviewed in accordance with the
shot clock (timeline for review) set forth in Section 6.1:0074).E6, as applicable based on the type
of facility at issue.
3.2.2. Application Submittal Regjreents:.:<:<An applicatio >for a SWFP or AWCFP shall
be made in writing on such forms as the 1€ ctorpresq'ibes, and shall comply with the following
minimum requirements, in addition to alihother;.:lnforri etion, material and documentation
determined to be necessary by the Director tole tecft ate the purpose and intent of this section.
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...:....
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The application form shall specify, the nurnb I:i,`size and format of the project plans and
application information, materials and documerita#ion to be provided, including but not limited to
electronic format. The Director may waive certain submittal requirements or require additional
information based on sp. fic projeCt factors. Unless an exemption or waiver applies, all
applications shall include all of the f� lowing ;and will not be accepted if any material form,
information or document on is rrif6&ng or not fully completed. An application shall not be
deemed complete by the'04:06less all required forms, information and documentation,
as set forth herein, have been submitted to the City.
Com0lete A pphtion. A fully completed and executed City application
form for the,; rpe of approval ; aught, and all information, materials, documents, pre-addressed
mailing labe's and envelopes,'ON 1 fees specified in the City-approved application form, Section
6.10.010 6ri l jthis Chapter. IOW
B.-H2Openaltyt.of Perjury. All applications shall be signed by an authorized
representative of the applicant and shall be signed under penalty of perjury under the laws of
the state of California.
Exhibit "1" - Page 6
Resolution No. XXXX
C. Applicant Information. Complete legal name and contact information for
the facility owner, facility operator, agent (if any), and property owner (for any collocation facility
on any existing WCF), and related letter(s) of authorization.
D. Type of Facility. The type of WCF proposed under Section 6.10.070
(small wireless facility or other wireless communication facility), and a full written description of
the proposed facility, its purpose, and specifications.
1. Distributed Antenna System. Applications for DAS WCF shall be
submitted as a single SWFP or AWCFP application for the epti e project. Each individual
location within the system shall be processed and considered for approval separately.
Permitting fees will be applied to each site. Each locationIl>be aluated and must comply
with the all design and development standards as defined byhis sector ;;;_
E. Public Notice; Proof of Servicer`<<''.A proposed publt ;,notice on the
applicant's letterhead, and a proposed affidavit or malTg or other proof of service. The public
notice and affidavit of mailing must be consistent with'the text,and format of the City-approved
forms as adopted by the Director and consistent with the req renients of Rule 3.2.3. City staff
will review the proposed public notice and affidOvtt to ere that each form meets City
requirements. The applicant shall modify the forms asf tt ensure
by the City.
F. Inventory. An inventory list and maptotthe applicant's existing WCFs,
including but not limited to collocations ope ated;{.by the applfdant within two miles of the
proposed site ("service area"), and concptual'plall ' a period of five years shall also be
provided, if available. The inventory list mustinclud spectf Information as to location, height,
and design of each facility. The City may share such information with other applicants seeking
to locate WCFs within the service area, in order'to encourage collocation.
G. Geographic Sebe Area. A:*ritten description identifying the geographic
service area for the subject installatiOm accompani> d by a two-year master plan of anticipated
future installations and/or modifications, i d maps.
H. Report o:; '' hnical Infeasibility of Collocation. If the applicant is seeking
to construct a new monopole; :;applicant shall explain why collocation or location on another
kind of supportst u re ts:.not tdOtjhipally feasible, including efforts made to develop such an
alternative. If:oolcifsiti60.4yestedthOttheIf applicant collocate its WCF on a site, the applicant
shall explain; by collocatioi' not technically feasible, including efforts made to develop such
an alternative.
i„ Wireless Communications Facility Plans. Detailed engineering plans of
the proposed of the proposed WCF and antennas, including height, shape, size and nature of
construction in accordance with Section 6.10.070 and any additional requirements established
by the Director. The pians shall include, but are not limited to, a fully dimensioned diagram of
the proposed WCF and antennas, including height, diameter, design, shape, size, structural
integrity, power output and frequency, power generators (if any), cabinets and other equipment
Exhibit "1" - Page 7
Resolution No. XXXX
shelters, nature of construction, and purpose of the facility, and technical engineering
specifications, economic and other pertinent factors governing selection of the proposed design,
together with evidence that demonstrates that the proposed facility has been designed to the
minimum height and diameter required from a technological standpoint for the proposed site.
The plans for a monopole must provide sufficient detail to demonstrate that the structure will be
able to accommodate at least one other similar telecommunications provider in addition to the
applicant. The plans should include a diagram showing the separation between the proposed
WCF and any existing facility or facilities on the same support structure or site, if collocation is
planned.
J. Site Plans. A fully-dimensioned site/Iande aping plan that includes, at a
minimum, the following information: specific placement of e'' i0posed tower, equipment
shelters, and any other WCF on the site; setbacks from adjacent prop ;:;lines; the location of
existing structures, trees, and other significant site features identifying those:;:.€eatures proposed
to be removed; the type and locations of plant materialsproposed to screen'WF antenna and
other components; the proposed materials and color*for the WCF, and all other information
required by the Director.
K. Photographs and Visual Analysis. :., 'hotographs of the WCF and all
antenna, equipment and components; accurate and cphoto-simulations showing views of
the proposed WCF from surrounding residential propertie 'and public rights-of-way at varying
distances and angles with a map indicating the locationsd for the analysis and their
distances from the site.
L. Documentation of Federal 4.6d t' Compliance. Copies of all
applicable licenses, permits and/or other approvals required by any federal and/or state agency
with authority to regulate WCFs :and docume itatk n of compliance with all conditions imposed
in conjunction with such Iicer r permits ori provals. The required documentation shall
include, but is expressly not Jwnited
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1 Engineprn ; lpiujations demonstrating that the proposed WCF
will comply with all applicable FCC> Utes,`reguations, and/or specifications.
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2. Coni aletion of the radio frequency (RF) emissions exposure
guidelines checklist';c ;ined in' ppendix A to the Federal Communications Commission's
(FCC) "Local c vernmenf Official's Guide to Transmitting Antenna RF Emission Safety", or any
successor regulations, to dettnine whether the WCF will be "categorically excluded" as that
term is used.ty the FCC.
3. For a WCF that is not categorically excluded under the FCC
regulations for RF emissions, •the applicant shall submit an RF exposure compliance report
prepared and certified by.a t RF engineer acceptable to the City that certifies that the proposed
WCF, as well as any Ws that contribute to the cumulative exposure in the subject area, will
comply with applicable federal RF exposure standards, exposure limits and emission levels. The
RF report must include the actual frequency and power levels (in watts effective radio power
Exhibit "1" - Page 8
Resolution No. XXXX
"ERP") 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.
M. Proof of all applicable licenses, permits or other;approvals from the FAA,
JFTB Los Alamitos, Naval Weapons Station, and/or any other federal, state, or local airport
authority or airport, if such approval is required, including but expressly not limited to copies of
any documents that the applicant is required to file pursuant to FAA, U.S. Army and/or airport
authority ordinances, statutes, and/or regulations for the facility,,
N. Coastal Commission. A coastal_ development'' permit or exemption
therefrom.
O. Any environmental documentation required to obtain such federal and/or
state license, permit or other approval.
P CPUC. A copy of the certificate of public convenience and necessity
issued by the CPUC to the applicant, and a copy of thC:PUC decision that authorizes the
applicant to provide the wireless telecommunications srft ; for which the facilities are
proposed to be constructed in the R t Any. applicant that, prior to 1996, provided
telecommunications service under adm straf vel equivalent documentation issued by the
CPUC may submit copies of that documentOtion in 14.iibrirOttificate of public convenience and
necessity.
Q. Franchise • reement N,:the applicant has been granted the right to
enter the PROW pursuant to;state or.ederal law . €::who have entered into a franchise or lease,
license or other agreement,with the . ity permittiritthem to use the PROW for the proposed
WCF, the application shalt contain a copy.t f the;relevant franchise or agreement and/or all other
documentation necessary to demonstrato'the appl'icant's right to enter the PROW.
R. Environmental compliance. A completed environmental assessment and
documentation establs ing that 4t(applicable environmental mitigation measures imposed by
the City and any tfier federal:or state environmental determination (i) have been met, (ii) will be
met as part of the proposed' CF, or (iii)-are not applicable.
S. Noise StUdy. A noise study prepared by a qualified acoustic engineer
documenting t at the level of:. oise to be emitted by the proposed WCF will comply with this
code including bi t fot;;limitedtO Chapter 7.15: Noise.
T. Ti0i0 Control Plan. A traffic control plan when the proposed installation
is on any street adjacent to a non-residential zone. The City shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment (e.g. crane).
Exhibit "1" - Page 9
I
I
Resolution No. XXXX
U. Southern California Edison (SCE) Documentation. For any WCF
proposed to be collocated on an existing or replacement pole owned by Southern California
Edison (SCE), the applicant shall provide all of the following:
1. SCE Letter of Authorization;
2. A completed SCE Streetlight Authorization form reflecting the
recommendations of the lighting study;
3 SCE Consent Letter;
4. SCE Disconnect Letter; Air
5. A lighting study for the proposed SCE streethtght„replacement that
meets the Lighting Study Requirements established and published by the Director,
6. Any other documents required by SCE.
W. Wooden utility poles. For apy woodOri utility pole subject to any pole
attachment rules, including but not limited to the Sout# rn> alifornia Joint Pole Committee, any
and all information and documents demonstrating that 5 ,.pole is subject to those rules, all
applicable requirements, and the manner in which the '' roposed WCF complies with the
applicable pole attachment rules. ;<;;;;
X. Exception. If the applicant ri ueskaffexception pursuant to Section
6.10.070.J, the applicant shall provide atl infar't Cation, studies and other documentation
necessary for the City to evaluate that request €s;part of the WCFP application.
Y. Any obi` addltIQnal infoation, studies and/or other documentation
determined necessary by th Director::::;::;:
3.2.3. Public Notice of SWP or AWCFP Application. The WCFP application shall
include a public notice of`flIn of< '1e application and proof of service that comply with the City-
approved templates. The foiltiWing provisions apply:
A Method of ProvEdtng Notice. The USPS will not send a mail piece via
Certified Mail :if` it is addressed to a`generic recipient, such as "Occupant," "Resident," or
"Business.' Therefore, the following noticing methods shall satisfy the noticing requirements:
1. Notices shall be mailed to all residents, businesses, and property
owners within "a 'CSO-foot radius of the proposed wireless communications service facility
location or site.
Exhibit "1" - Page 10
Resolution No. XXXX
2. Notices to property owners shall be sent via USPS Certified Mail
to the named property owner of record with the Orange Angeles County Assessor at the mailing
address listed with the County Assessor.
3. Notices to generic recipients ("Occupant," "Resident," "Business,"
etc.) shall be sent via USPS Firm Book/Accountable Mail.
4. If a property owner's mailing addresk listed with the County
Assessor is the same as the property address itself, a notice shall be sent to the named
property owner and to a generic recipient ("Occupant," Resident "Business," etc.) at the
property address.
gilts
B. Noticing Process. k "..{:
1. Once the City determinest at the notice and'p t f;of service are
in compliance with the City-required form and content, the applicant shall mail the approved
notice and proof of service to all residents and businesses within a 150-foot radius of the
proposed site or location in accordance with the Department's f€structions.
2. Concurrently with service ref the notice on the businesses and
residents as outlined in Rule 3.2.3.A, the applicant shall submit a copy of the public notice to the
Department along with proof of service:.of the notices ori:€E e.. residents and businesses as
required by this Rule. } „M1 .....
3.2.4. Design and Development gaffidards:ar&fftigiitYireless Facilities. In addition to
the requirements of Section 6.10.070.G of t e Code all small wireless facilities in the PROW
shall comply with the following standards unless'te Director approves an exception pursuant to
Subsection J: Exceptions of Sed 6;10.070
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A. Application of Federal and State Design and Development Standards. All
small wireless facilities shall be subject to and comply with any Governing Law(s) regulating to
the design or development0 the posed facility which is the subject of the SWFP application.
Notwithstanding any othei'v.i.*04Wof this Rule 3.2.4, in the event that any Governing Law(s)
for the small wireless facility:: inflicts with any requirement of this Chapter, the Governing
Law(s) shall take:: ecet nce.
lr3' Heig 3 t' }; Volume Standards. Small wireless facilities shall comply with
the followi 9
iftei ht and volurr tandards.
1. Height. A small wireless facility (a) shall be mounted on structures
50 feet or less lrt #eight (inch.*dilr g its antennas); or (b) shall be mounted on structures no more
than 10 percent talte an::: ther adjacent structures; or (c) shall not extend existing structures
.....: ........:
on which it is located t0.....'ia 'ight of more than 50 feet or by more than 10 percent, whichever is
greater.
Exhibit "1” - Page 11
I
Resolution No. XXXX
2. Volume.
(a) Each antenna associated with the small wireless facility
deployment (excluding associated antenna equipment) shall not exceed three cubic feet in
volume.
(b) All other wireless equipment associated with the
structure, including the wireless equipment associated with the:.antenna and any pre-
existing associated equipment on the structure, shall not:;exceed 28 cubic feet in
volume.
3.2.5. Design and Development Standards for :Other <iireless Communications
Facilities. In addition to the requirements of Section 6.10.070.G of the,' ode, all WCFs in the
PROW, other than small wireless facilities and eligible facilities, shall comply with the following
standards unless the Director approves an exception ,pursuant to Subsection'IJ ?Exceptions of
Section 6.10.070.
A. Application of Federal and:; te Desigid Development Standards. All
other WCFs shall be subject to and comply with any oye i'ng Law(s) regulating the design or
development of the proposed WCF which is the subject of the application. Notwithstanding any
other provision of this Rule 3.2.4, in the event that any Gov ming Law(s) for the WCF conflicts
with any requirement of this Chapter, the Governing Law(s) shall take precedence.
B. Height and Volumei' andardsi> > less communications facility, other
than a small wireless facility or eligible facitify. ,.sha.lit,r0 exceed the height or volume limits for a
small wireless facility or eligible facility except asxpressly authorized by any applicable pole
attachment rules or as otherwise allowed by tiWObverning Laws. Any applicant who contends
that the proposed WCF mustexc`eed;any such'height or volume limit shall file a request for an
exception pursuant Section dAb.070 J as part of the;WCFP application.
3.2.6 General i equiremertts f0.r:all W'l+il less Communications Facilities. In addition to
the requirements of SeCtto ::6.1007 0.G of the Code and Rule 3.2.4 or 3.2.5 of this chapter,
small wireless facilities andiafia 'ier WCFs in the PROW shall be located, developed, and
operated in compliance with the ouowing standards unless the Director approves an exception
pursuant to Subsection J: cceptions'of Section 6.10.070.
A. All WCFs,;shall comply with Chapter 7.15: Noise, of the Code.
B.. Concealrftftt, Screening and Blending.
::iii:Tfie applicant shall employ concealment, screening and
camouflage technigtearielements in the design and placement of a WCF and wireless
communications collotatidti facilities in order to ensure that the WCF is as visually
inconspicuous as possible, to prevent the facility from dominating the surrounding area and to
Exhibit "1" - Page 12
Resolution No. XXXX
hide the WCF from predominant views from surrounding properties, all in a manner that
achieves compatibility with the community.
2. Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into
the environment, including landscaping, color, and other techniques to minimize the WCF's
visual impact as well as be compatible with the architectural character of the surrounding
buildings or structures in terms of color, size, proportion, style, and quality.
3. All WCFs shall have subdued color; and non-reflective materials
that blend with the materials and colors of the surrounding areata d structures.
4. The WCF shall be of the least`intruS'fya 'design possible and
occupy the least amount of space in the right-of-way possible Mit ijkno event shall
exceed the limits prescribed in the design standart#;a''set forth in Secti00.10.070 and
this Chapter. >'>'
ZN"
C. Equipment
1. Subject to Section 6.10.07W.4, or as required by any provision
of the Governing Law(s), above-ground electrical meter faltias are prohibited. Applicants shall
execute a contract with Southern California;..Edison for service'iunder the Wireless Technology
Rate (WTR) Schedule. WTR equipment sha :installed befa>•wr'grade. All other accessory
equipment shall be located underground; but:,not located:inny:parkway within the PROW. The
Director may grant an exception to undergrnding. c(suan€nSection 6.10.070.J under any of
the circumstances set forth in Section 6.10.070Q r under any of the following circumstances:
(a). 1f Director ttetermines that there is no room in the PROW
for undergrounding or that undergrouriding is not''itechnically feasible, approval of an exception
by the Director shall beorequired in'I rder to plate.accessory equipment above-ground and
concealed with natural or nianmade featurest tlhe'maximum extent possible.
rrt; When above-ground is the only technically feasible
location for a particular type i!c.... accessory equipment and will be ground-mounted, such
accessory equi.pm ntisth 0110tpe en i ed,,within a structure, shall not exceed a height of five feet
and a total footp int of nine uare feet'and shall be fully integrated into the base of the pole
unless not technically feasibfe, and shall be screened and/or camouflaged, including by the use
of landsc40 g, architectural tment, or other acceptable alternate screening. Required
electrical metercabinets shall be;screened and/or camouflaged.
::40):. In locations where homes are only along one side of a
street, above-ground awry equipment shall not be installed directly in front of a residence.
Such above-ground accessory equipment shall be installed along the side of the street with no
homes. If said location is located within the coastal setback, then such location shall be referred
to the City's geotechnical staff for review and recommendations.
Exhibit "1" - Page 13
I
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Resolution No. XXXX
(d) Equipment for which there is a legal or technical
requirement to be installed in a specific manner and/or at a specific location may be exempted
from the design standards upon written justification from the applicant acceptable to the City in
its sole discretion.
2. With the exception of streetlight pole base shrouds as described
in these design standards, equipment installed at grade is prohibited.
D. A facility shall not be located within any portkon 'of the public right-of-way
that interferes or may interfere with City and emergency operations', or pedestrian or vehicular
access, including but not limited to, disability access, vehicular treel sign or signals, or parking,
as required by the Governing Laws.
E. Vaults, including required vents, and pull boxes shalt be installed flush to
grade.
F. No WCF shall bear any j s or advertising devices other than
certification, warning or other signage required b ',s` Governin `'t:aws. Signage that serves a
public/occupational safety function shall be exempt m the design standards but shall comply
with all applicable requirements of the Governing'':400EFAll signs shall require prior City
approval.
G. Lighting <;
1. No facility ma be illun*i ett.g less specifically required by the
FAA or other government agency. Beacon tights.are not permitted unless required by the FAA
or other government agency.
2. ;;Legally required lightning arresters and beacons shall be included
when calculating the height of facilities<
3 Any quired 1igh ng shall be shielded to eliminate, to the
maximum extent possible irnpa ,..t on the surrounding neighborhoods. The applicant shall
submit a lighting study which''' tall: be prepared by a qualified lighting professional to evaluate
potential impacts to adjacent properties.
4. Unless otherwise required under FAA or FCC regulations,
applicants,may install only time or motion-sensitive light controllers and must install lights so as
to avoid ilfurnination impacts to adjacent properties to the maximum extent technically feasible.
The City may,; n its discretion,exempt an applicant from the foregoing requirement when the
applicant demonstrates a subtShtial public safety need.
H. Antennas Mounted on Existing Poles. The applicant shall use the least
visible antennas possible;''including application of concealment elements. Antenna elements
shall be flush mounted, to the extent technically feasible. All antenna mounts shall be designed
Exhibit "1" - Page 14
Resolution No. XXXX
so as not to preclude possible future collocation by the same or other operators or carriers.
Unless otherwise provided in this Rule, antennas shall be situated as close to the ground as
possible.
I. Utility poles. Except as otherwise may be allowed pursuant to an eligible
facilities request under Section 6.10.075 of the code and Chapter 4 of these Rules, any
applicable pole attachment rules, or any other provision of Governing Law(s), the height of any
antenna shall comply with all of the following requirements:
1. No portion of the antenna or equipment mounted on a pole shall
be less than twenty-four feet above any drivable road surface and
2. All installations on utility polesOnallfulljt:Otpply with all applicable
PUC general orders, including, but not limited to, General'Order 95,`'49may be revised or
superseded.
J. Wind Loads. Each WCF shalfbe property;_.engineered to withstand wind
loads as required by this Code or any duly adopted c r incorporated code. An evaluation of high
wind load capacity shall include the impact of modification of;On existing WCF.
K. Obstructions. Each component pa## of,a WCF shall be located so as to
maintain a corner cutoff area at the intersection of any two streets, a street and alley, or two
alleys. The corner cutoff area shall be meas .from a point'nOt less than thirty feet from the
intersection of the two property lines. `'' 3othi <in extcess..;.,of three feet in height, with the
exception of buildings, may be located within.the corner 60.0f This includes utilities, fences,
walls, monument signs, hedges and other lanescapl#` .
L. Landscaping. Where appropriate, each WCF shall be installed so as to
maintain and enhance existing landping on the site, including trees, foliage and shrubs.
Additional landscaping shall be planted and litigated by the applicant to replace any
landscaping damaged or destroyed ddrithe.WF installation, or in such other locations within
the PROW that the City determines>to be nece ary to provide screening of or to conceal the
WCF.
re8tures. All WCFs shall be designed to minimize opportunities
for, unauthorized access, olirnbing, vandalism, graffiti and other conditions that would result in
hazardous situations, visual blit or attractive nuisances.
1. Sarity fencing, if any, shall not exceed 6 feet to 10 feet in height,
consistent with fencing in the area. Fencing shall be no less than the above grade height of the
equipment cabinet Fencing .shall be effectively screened from view through the use of
landscaping. No chain link fences shall be visible from public view.
2. Anti-climbing features shall be incorporated into each WCF as
needed, to reduce potential for trespass and injury.
Exhibit "1" - Page 15
Resolution No. XXXX
3. The permittee shall be responsible for maintaining the site and
facilities free from graffiti.
4. The Director may require the provision of warning signs, fencing,
anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when,
because of their location and/or accessibility, a WCF has the potential to become an attractive
nuisance.
5. No lethal devices or elements shalL installed as a security
device.
N. Fire Prevention. All WCFs shall be dostgtitittpncl operated in a manner
that will minimize the risk of igniting a fire or intensifying` rie that otherwise occurs. At a
minimum, such facilities shall comply with the following requirements:
1. At least one-hour fire rostant interior surfaces shall be used in
the construction of all buildings.
"IF
2. The exterior walls> '=`< ;• rog>covering of all above-ground
equipment shelters and cabinets shall be constructed``*. rials rated as non-flammable in the
California Building Code.
3. Monitored utornattp,.;fire extinguishing systems approved by the
Orange County Fire Authority shall be installed'irVi tl iOliAtmont buildings and enclosures.
4. Openings in al Iaboground equipment shelters and cabinets
shall be protected against penetration by fir&aNtVvind-blown embers to the extent technically
feasible. < 1i :::::;.
3.2.7 'Southern California Effson (SCE) treetlights. Except as otherwise required
under any applicable pole:attachment,rules.;pr..Qther provisions of Governing Laws, the following
design standards shall'apply,to all .WCP ::t16.19bytid on Southern California Edison Streetlights.
A. A WCF may only be installed on an SCE streetlight if the proposed facility
is approved by SCS In v itin9
B. Equipment shall be installed on top of the streetlight pole subject to the
limitationsdscribed below.
1. T O:streetlight shall be equipped with a mounting bracket to which
the wireless c6tiltOgnication$0.fOcility will be attached. The mounting bracket shall not be
attached to the stree [ ht vi stainless steel banding or similar.
2. Exposed wiring is prohibited on all streetlights.
Exhibit "1" - Page 16
Resolution No. XXXX
3. Conduit is prohibited on concrete or steel street lights, but may be
allowed on existing JPA wood poles.
4. Equipment must be enclosed in a single tubular concealment
shroud colored to match the pole.
(a) Exception: Cannister antennas ("cantennas") may be
exempted from this requirement upon approval from City staff if it can be demonstrated that the
cantenna can achieve the tubular design intended by this design staff'lard. The cantenna shall
be colored to match the pole.
5. The concealment for all equipment sha)l;have the appearance of
creating one tubular-like mass.
6.. Base shrouds are prohibit;"''
C. Equipment that exceeds the Iii&nations set.forth above shall be installed
below grade.
D. All ventilation must be via flush 00.1%L0sated on the pole top concealment
elements. Vents must be designed to maximally blerditt the overall streetlight structure.
Vents along the length of the pole are prohibited.
E. All cabling, wires, and condut a11::;be concealed completely within the
pole and the concealment shroud. Cabling:and wiresshalf t r/exit the streetlight pole through
conduit sweeps within the streetlight footing''
F. Exceptions nay, be gram.. by the Director on the findings set forth in
Section 6.10.070.J or as otherwise required by the:WGoverning Law(s).
3.2.8. City-Own ' treetlight ::.tbe:Q ty;;agrees to allow the deployment of a WCF on
a City-owned streetlights ithe PROW,the''fifatlfliiiiu#g minimum requirements shall apply.
A. The decs n to allow the deployment of a WCF on a City-owned
streetlight in the PROW shall be stt the City's sole discretion. The City may require that approval
of a WCF shall ,be condrtto»ed upon execution of a lease, license or other agreement between
the City and,the applicant.
If an appl nt proposes to replace an existing streetlight pole with a new
streetlight pole tin:,order to accommodate the proposed WCF, the replacement streetlight pole
shall be designed;to resemble existing poles in the PROW near that location, including size,
height, color, materi4.1% and, style, with the exception of any existing pole designs that are
proposed to be removed and not replaced.
Exhibit "1" - Page 17
Resolution No. XXXX
1. The replacement streetlight shall be a minimum of 18 inches from
the face of the curb.
2. The replacement streetlight shall be offset at the minimum
distance technically possible from the existing streetlight.
3. The replacement streetlight mast arm and luminaire shall match
the existing streetlight mast arm and luminaire.
C. If a new City streetlight pole that will not re:plate an existing streetlight is
proposed, the new streetlight pole shall be designed to resent4h'!,existing poles in the PROW
near that location, including size, height, color, materials, the exception of any
existing pole designs that are proposed to be removed and pOt,repladetin:
1. The new streetlight shall 144 minimum of 18 4i0he§ from the face
of the curb.
2. The new streetlight:mast arm aridtUminaire shall be approved by
D. Equipment shall be installed on top pf.,Vie streetlight pole and/or in a base
shroud subject to the limitations described:below.
1. The streetliON:ghalti*i:Nqjpped 'with a top-of-pole mounting
bracket to which the wireless communicatipps facilitiCWili3Ogattached. The mounting bracket
shall not be attached to the streetlight via staiiiiessOteel bandihg or similar.
2. Equipment must enclosed in a single tubular concealment
shroud colored to match the pple. :
exempted from this rec*Orpent upWappiti-Vbf fit'M City staff if it can be demonstrated that the
cantenna can achieve theft141.)*1:0.iltlesign intended by this design standard. The cantenna shall
be colored to match the
.t600:7pole concealment for all equipment shall have the
appearance pt preating oneVNIar-like'rnass.
4. Titigitop-of-pole concealment for all equipment shall not exceed an
overall dianieStipf.16 inches oeWheight of 84 inches.
E. '' .:,......BaOtiebuds are permitted subject to the following requirements:
1. Base shrouds must either be square with chamfered sides or
round. Final selection of base shroud design is subject to City approval.
Exhibit ^1'' ' Page 1O
Resolution No. XXXX
2. Square base shrouds shall have a maximum dimension of 20"
square.
3. Round base shrouds shall have a maximum diameter of 20^
4. Base shrouds shall not exceed 60" in height.
shrouds(a) In no case shall base located within 18 inches
of the face of the curb.
5. All ventilation must be via flushyeNs located on the pole top
and/or base shroud concealment elements. Vents must be de.Sighe0 p:,:maximally blend with the
overall streetlight structure. Vents along the length of the pqWere prdhibitecl.
6. Equipment that exceeds the:limitations set rodtt above shall be
7. All cabling, wires, :::#00 condujt,,i0ball be concealed completely
within the pole, concealment shroud, and base thrOqd... COOlihg and wires shall enter/exit the
streetlight pole through conduit sweeps within the stregt#20t footing.
8. To maintain„ponsistent design' e$thetics, the addition of antennas
to existing decorative and ornamental pqeeStrOfk,end park lightitIgi js prohibited.
3.2.9 Wooden Utility Poles RegulOtOd by th0q$66thowCalifornia Joint Pole Committee.
The following requirements shall apply to alt,:prpppeed WCFs 'on wooden utility poles regulated
by the Southern California Joint Pole CommitteeiW:::::.
A. If top-.0.4611e'inOnting is'Mg expressly prohibited by the PUC or other
authority having jurisdicticor equipmeht shall beliNtalled on top of the wooden utility pole
subject to the limitations..detcribed
1. "<qiiiiiiiiilitelWooden utility pole shall be equipped with a top-of-pole
mounting bracket to which thettOr§onal wireless service facility will be attached. The mounting
bracket shall be cptOregiiip.mateii*.pple.
2. wiring Amning along the length of the pole shall be enclosed in
appropriatell,p3nduit colored .:Aratch the pole and installed tight against the pole to the
„g0Uipment must be enclosed in a single tubular concealment
shroud colored to hiefittahfieOle.
(a) Exception: Cannister antennas ("cantennas") may be
exempted from this requirement upon approval from City staff if it can be demonstrated that the
Exhibit ''1^ - Page 1S
Resolution No. XXXX
cantenna can achieve the tubular design intended by this design standard. The cantenna shall
be colored to match the pole.
4. The concealment for all equipment shall have the appearance of
creating one tubular-like mass.
5. The concealment for all equipment shall not exceed a diameter of
12 inches or the pole diameter at the height of installation, whichever..is greater, or a height of
84 inches.
B. If top-of-pole mounting is expressly prohibited by the PUC or other
authority having jurisdiction, equipment shall be installed ..,gt the egally-permissible location
subject to the limitations described below.
1. Above grade equipment s21l be installed a minimum of 16 feet
above grade.
2. All wiring running along the leng€e`of the pole shall be enclosed in
appropriate conduit colored to match the pole'> 0d.:..;insta led tight against the pole to the
maximum extent technically possible.
3. Equipment shall be installed ittliOjptegrated bracket arm colored
to the match the pole subject to the following> Iimension
(a) Maximum Maxiiii.:OM project€b ` n.pole face: 60 inches
........ ........
(b) Maximum width when viewed from the ground: pole
diameter at height of installation or:1.inches, whichever is greater.
(f):; Exception: Antenna diameter may be up to 12
inches or the pole diameter` t the height;of installation, whichever is greater.
(o) Maximum height: 60 inches.
4. The. racket arm shall project from the utility pole in a direction
approved by the City subfect.ao thefimlts;of any PUC general orders.
C. Equipment that exceeds the limitations set forth above shall be
installed below grade.
D' All installations on utility poles shall fully comply with applicable PUC
general orders, including,. .
but not limited to, General Order 95.
... . . .........
..................
..................
.................
................
...............
..............
..............
3.2.10 Conditions''-of Approval. In addition to compliance with the design and
development standards outlined in Section 6.10.070.H. and these Rules, all WCFs shall be
Exhibit "1" - Page 20
Resolution No. XXXX
subject to time, place and manner conditions, including but not limited to the following conditions
of approval (approval may be by operation of law), as well as any modification of these
conditions or additional conditions of approval deemed necessary by the Director:
A. The permittee shall submit an as built drawing within ninety (90) days
after installation of the facility. The as-built drawing shall be in an electronic format acceptable
to the City.
B. Where feasible, as new technology becomes1'available, the permittee
shall:
1. Place above-ground WCFs bele :: Ind, including. but not
limited to, accessory equipment that has been mounted:_t ' a teled iunications tower or
mounted on the ground, subject to Section 6.10.070.G.4.e' and Rule.14.0,,c: any exception
pursuant to Section 6.10.070.J, or as otherwise required y the Governing L;.;i and
2. Replace larger, more:::v sually intrusive WCFs with smaller, less
visually intrusive facilities, after receiving all neceiry permitsrtid approvals required pursuant
to the code. "'
C. The permittee shall submit and ma nt in current at all times basic contact
and site information on a form to be supplied by the City. "1`# permittee shall notify the City of
any changes to the information submitted wrtthn::thirty days of an •change, including change of
the name or legal status of the owner o ;operator '` fis.:::nformation shall include, but is not
limited to, the following:
1. Identity, includirte name, address and 24-hour local or toll-free
contact phone number of thQ pri€ttee, the'Owner, the operator, and the agent or person
responsible for the maintena of thie.ittWCF; andin
2.......ti ti The Ie a of,the'"owner of the WCF.
D. The`jEtkee shall not transfer or assign the WCFP to any person prior
to the completion of the conttrtion of the WCF covered by the permit, unless and until the
transferee or assea of.WCFP;rias submitted the security instrument required by Section
6.10.070 and theondifto of approval.::;
E. The permittee shall notify the City in writing at least ninety (90) days prior
to any tra sfer:.;or assignment'011the WCFP. The written notice required in this section must
include: (1) th ransferee's lea‘`name; (2) the transferee's full contact information, including a
primary contact 'Oerson, mailing address, telephone number and email address; and (3) a
statement signed bt'` te;:ttnsferee that the transferee shall accept all permit terms and
conditions. The Direct3trnay require the transferor and/or the transferee to submit any
materials or documentation necessary to determine that the proposed transfer complies with the
existing permit and all its conditions of approval, if any. Such materials or documentation may
Exhibit "1" - Page 21
I
I
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I
Resolution No. XXXX
include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or
franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an
analysis and certification by a qualified radio frequency engineer demonstrating compliance with
all applicable regulations and standards of the FCC, including but not limited to all emission
levels. Noncompliance with the permit and all its conditions of approval, if any, or failure to
submit the materials required by the Director shall be a cause for the City to revoke all
applicable permits pursuant to and following the procedure set out in Section 6.10.070.T.
F. At all times, all required notices and/or signs a. II be posted on the site
as required by the FCC, CPUC, any applicable licenses and/or Governing Laws, and as
approved by the City. The location and dimensions of a sign; kring the emergency contact
name and telephone number shall be posted pursuant to the opprOVOit plans.
G. If a nearby property owner or resident registers `aroise complaint, the
City shall forward the same to the permittee. The compldi +t shall be revieweddnd evaluated by
the applicant. The permittee shall have ten business days to file a written resjbonse with the
City regarding the complaint which shall include antrapplicableremedial measures. If the City
determines the complaint is valid and the permittee has nottiken any steps to minimize the
noise, the City may hire a consultant to study, examine and`evaluate the noise complaint and
the permittee shall pay the fee for the consultant if the ejte is found in violation of this section.
The matter shall be reviewed by the Director. If the Direetordetermines sound-proofing or other
sound attenuation measures should be required to bring the project into compliance with the
code, the Director may impose conditions t oject to achieve;>said objective.
H. A condition setting fortis the W !" epition date shall be included in the
conditions of approval.
The WGF stilt.be subject to such conditions, changes or limitations as
are from time to time deemed necessity by the Director or City Council for the purpose of: (a)
protecting the public health safety, a €Iwelfare; (b) preventing interference with pedestrian and
vehicular traffic; and/or (0)preventing damage to the PROW or any adjacent property. The City
may modify the permit`tt;reflect such conditions; changes or limitations by following the same
notice and public hearing"pyres as are applicable to the underlying permit for similarly
located facilities, except the peitittee shall be given notice by personal service or by registered
or certified mail attt ta€st:addressipi vided to the City by the permittee.
J. The pemittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement or property without the prior consent of the
owner of that structure, improvent or property. No structure, improvement or property owned
by the City shafl>be moved tt 'accommodate a WCF unless the City determines that such
movement will notiaversely affect the City or any surrounding businesses or residents, and the
permittee pays all costs_ Arid expenses related to the relocation of the City's structure,
improvement or property Prior to commencement of any work pursuant to a ministerial permit,
issued for any WCF within the PROW, the permittee shall provide the City with documentation
establishing to the City's satisfaction that the permittee has the legal right to use or interfere with
Exhibit "1" - Page 22
Resolution No. XXXX
any other structure, improvement or property within the PROW to be affected by applicant's
WCF.
K. The permittee shall assume full liability for damage or injury caused to
any property or person by the WCF.
L. The permittee shall repair, at its sole cost and expense, any damage
including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral
support to City streets, sidewalks, walks, curbs, gutters, trees, pafkways, street lights, traffic
signals, improvements of any kind or nature, or utility lines and systems, underground utility line
and systems, or sewer systems and sewer lines that result from;any activities performed in
connection with the installation and/or maintenance of a W.c in the; PROW. The permittee
shall restore such areas, structures and systems to the coIton in which they existed prior to
the installation or maintenance that necessitated the repairs: In the event t# e._permitted fails to
complete such repair within the number of days statedGri:a written notice by t e;;City Engineer.
Such time period for correction shall be based on the€<fects and circumstances''danger to the
community and severity of the disrepair. Should the permittee:;not make said correction within
the time period allotted, the Director shall cause §moi repair to be completed at permittee's sole
cost and expense. >1>
M. No WCF shall be permitted to be installed in the drip line of any tree in the
PROW.
N. The permittee shall bta n''Ip r;;and. maintain, in full force and effect
until the WCF approved by the permit is removed in ts`enti ty from the PROW, an insurance
policy or policies of public liability insurance Such insurance shall be in the form and substance
satisfactory to the City and shall be.maintained until the term of the permit ended and the WCF
is removed from the PROW. The insurance shat Amply with the minimum limits and coverages
and provisions set forth in t1 is•Subse ion, and 8&otherwise established from time to time by
the City, and which fully :protect the> ity from 6100s and suits for bodily injury, death, and
P P Y
9
ro ert damage.
1 '' "''' r i lercial general liability insurance to cover liability bodily
injury, property damage ant `<pprsonal liability. Exposures to be covered are premises,
operations, produots/co pleted operations, and certain contracts. Property damage liability
insurance shall include coverage far the following hazards: explosion, collapse and
undergrount<: 'Coverage must be written on an occurrence basis, with the following limits of
liability: $2x0,000 per occurrence for bodily injury, personal injury, and property damage and
$4,000,000 a gregate for bodilyinjury, personal injury, and property damage.
2. Automobile Liability. $2,000,000 combined single limit per
accident for bodily injury and property damage, including non-owned and hired vehicles.
...............
..............
Exhibit "1" - Page 23
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Resolution No. XXXX
3. Workers' Compensation. Workers' Compensation, in accordance
with the Workers' Compensation Act of the State of California for a minimum of $1,000,000 or
such minimum limits as required by the State, whichever is greater.
4. Professional Liability (or Errors and Omissions Liability):
Professional Liability: $1,000,000 per claim/aggregate.
5. Sub-permittees, Consultants, and Contractor Liability. All sub-
permittees, consultants, contractors and subcontractors shall be required to provide the same
insurance as required of the permittee herein. The permittee sha(te responsible for collecting
and maintaining all insurance from sub-permittees, consultants, ntractors and subcontractors.
.......:........
..................
The permittee shall ensure that all insurance received from)aIi'su permittees, consultants,
contractors, and subcontractors meet and/or exceed the requirements'this.subdivision.
6. Except with regard to the 'professional liabifity,' ;policy(ies), the
insurance must name the City and its elected and ''appointed council members, boards,
commissions, officers, officials, agents, consultants,:employees, volunteers and independent
contractors serving as City officials, as additional named insureds, be issued by an insurer
admitted in the State of California with a rating itir ailgas;,AiA:VlIl in the latest edition of A.M.
Best's Insurance Guide, and include an endorsement p oviding that the policies cannot be
canceled or reduced except with thirty days prior written notice to the City, except for
cancellation due to nonpayment of premium. The insurance provided by permittee shall be
primary to any coverage available to the City,0.nd any insurance.or self-insurance maintained
by the City and its elected and appointed count members, boards, commissions, officers,
officials, agents, consultants, employees. <v Iuntee >arid`��Iindependent contractors serving as
City officials shall be excess of permittee's nsu.....t ce and shall not contribute with it. The
......... ...
....... .......
policies of insurance required by this permit statinclude provisions for waiver of subrogation.
In accepting the benefits of .the f3tt, the permittee shall be required to waive all rights of
subrogation against the Qty'.and #ts elected ;and appointed council members, boards,
commissions, officers, offial f's, agentst..consultants; employees and volunteers. The insurance
must afford coverage for the permittee and the wireless provider's use, operation and activity,
vehicles, equipment, f6011y„..repTo$6t166./es..,--agents and employees, as determined by the
City's risk manager.
Before issuance of any ministerial permit, for the WCF, the
permittee shall furnish the City risk manager certificates of insurance and endorsements, in the
form satisfactory to the risk' manager and City Attorney's office, evidencing the coverages
required by the City.
Should the utility company servicing the WCF with electrical service that
does not require'the use of ac above-ground meter cabinet, the permittee shall at its sole cost
and expense remove e mister cabinet and any related foundation within ninety (90) days of
such service being offered end reasonably restore the area to its prior condition. An extension
may be granted if circumstances arise outside of the control of the permittee.
Exhibit "1" - Page 24
Resolution No. XXXX
P. The permittee shall modify, remove, or relocate its WCF, or portion
thereof, without cost or expense to City, if and when made necessary by (i) any public
improvement project, including, but not limited to, the construction, maintenance, or operation of
any underground or above ground facilities including but not limited to sewers, storm drains,
conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public
agency, (ii) any abandonment of any street, sidewalk or other public facility, (iii) any change of
grade, alignment or width of any street, sidewalk or other public facility, or (iv) a determination
by the Director that the WCF has become incompatible with public health, safety or welfare or
the public's use of the PROW. Such modification, removal, or relocation of the facility shall be
completed within ninety days of notification by City unless exigencies dictate a shorter period for
removal or relocation. Modification or relocation of the WCF shafquire submittal, review and
approval of a modified WCFP pursuant to the code including applicable notice and hearing
procedures. The permittee shall be entitled, on permittee'selection to either a pro-rata refund
of fees paid for the original permit or to a new permit, without additional::€'fie:,. at a location as
close to the original location as the standards set forthrn the code allow. In tee:event the WCF
is not modified, removed, or relocated within said period of time, the City may'cause the same
to be done at the sole cost and expense of the perm tee. Further, due to exigent circumstances
including those of immediate or imminent threat tie publio' t'ealth and safety, the City may
modify, remove, or relocate a WCF without prior to: i rmitted provided the permittee is
notified within a reasonable period thereafter.
Q. The WCFP shall not;become effectiverr~any purpose unless/until a City
"Acceptance of Conditions" form, in a f rim'a roved,:by the City'Attorney's office, has been
signed and notarized by the applicant/permttee"be#k`e i g;;;returned to the Director; and until
the ten (10) calendar day appeal period has elapse !iilhe'permit shall be void and of no force
or effect unless such written agreement is redeiveciiitiy the City within said thirty-day period.
3.2.11. Operation and,: ante ance Standards. In accordance with Section 6.10.070.0,
all WCFs must comply at all tithes witOhe following,operation and maintenance standards and
such additional standards the Director'deems necessary and appropriate based on the specific
application as set forth in the decisionrapprovi g the WCFP.
A. Unle . :'`:' ise provided herein, all necessary repairs and restoration
shall be completed by the p_ , owner, operator or any designated maintenance agent
ii4$4.
within forty-eight::0.41h€4 ;;: •.��.;::>:::::.
1. ' After discovery of the need by the permittee, owner, operator or
any desi•. : -d maintenance agent; or
'``'`''` 2. Pier permittee, owner, operator or any designated maintenance
agent receives notification from the City.
B. Prior to entering any PROW for the purpose of maintenance, repairs or
restoration, the permittee, owner or operator shall provide written notice to the Director and
obtain authorization. Under no circumstances shall maintenance, repairs, or restoration be
Exhibit "1" - Page 25
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Resolution No. XXXX
undertaken in a manner that closes any PROW or impedes pedestrian or vehicular traffic except
upon written authorization of the Director and in compliance with any conditions imposed by the
Director.
C. Each permittee shall provide the Director with the name, address and
twenty-four-hour local or toll-free contact phone number of the permittee, and (if different from
the permittee) the owner, the operator and the agent responsible for the maintenance of the
facility ("contact information"). Contact information shall be updated;within seven days of any
change.
D. All facilities, including, but not limited to, communication towers, poles,
accessory equipment, lighting, fences, walls, shields, cabinqt*Ofartifi00 foliage or camouflage,
and the facility site shall be maintained in good condition,.;including ^icuring the facilities are
reasonably free of:
40.
1. General dirt and grease` } '
2. Chipped, faded, peOpg, and cracked paint;
3. Rust and corrosion;
4. Cracks dents and discolorat
5. Missing, discoibred:.:;org4pc....aged` artificial foliage or other
camouflage;
6. Graffiti, bills, stickeradvertisements, litter and debris;
7. .ARffiketfiaN misshapen structural parts; and
8. Any damage from any cause.
E. All`'t s. fofage or other landscaping elements approved as part of the
WCF shall be maintained in good condition at all times, and the permitted, owner and operator
of the WCF shall::koonsible for`>,replacing any damaged, dead or decayed landscaping. No
amendment tqNiiotirappro ed land cOping plan may be made until it is submitted to and
approved by;;thOtirector.
F. The perrritttee shall replace its WCF, after obtaining all required permits, if
maintenance. r.repair is not skiffiCient to return the WCF to the condition it was in at the time of
installation.
G. Each WCF shall be operated and maintained to comply at all conditions
of approval. Each owner or operator of a WCF shall routinely inspect each site to ensure
compliance with the same and the standards set forth in this section.
Exhibit "1" - Page 26
Resolution No. XXXX
CHAPTER 4 -- ELIGIBLE FACILITIES IN THE PUBLIC
RIGHTS-OF-WAY (SEAL BEACH MUNICIPAL CODE SECTION 6.10.075)
Rule 4.1 Scope.
4.1.1 This Chapter further implements the requirements for the proposed modification
or collocation of all proposed WCFs in the public right-of-way that qualify as Eligible Facilities
under Section 6.10.075 of the Code and Section 6409.
4.1.2 This Chapter and all applications and permits pr ssed pursuant to Section
6.10.075 and this Chapter shall be interpreted in a mane>.to be consistent with the
requirements of Section 6.10.075 and the provisions of any G. eml ;;l,:aws.
•
Rule 4.2 EFP Applications.
4.2.1 Application Procedures. An EFP application shall be filed add reviewed in
accordance with the following provisions, except as otl'erwise specified in Section 6.10.075.
A. Voluntary Pre-submittal Conference., Ari applicant may request a pre-
submittal conference with the Director or designee to<tkepuice prior to formal EFP application
submittal. The pre-submittal conference shall be volurita ;and at the applicant's sole option.
All requests for voluntary pre-submittal conferences shall biiii440ing, and he applicant shall be
.
required to sign an acknowledgment thatpatt# pipation in a voluntary pre-submittal conference
shall not trigger the application of the shot Ioclt'ft ng deadline) under Section 6.10.075.E.6.
The procedures set forth in Rule 3.2.1 shallpply to, eschuling of a voluntary pre-submittal
conference, and shall include informal discussion dis6.00§ipOiat addresses whether or not the project
qualifies for approval as an eligible facility pursrt'to Section 6409, all matters set forth in Rule
Vig
3.2.1 and any other issues or 0000%.
B. App'Epation App.Ointments. ': 11 EFP applications must be submitted in
person to the Cit The:::Director :" , that EFP applications be submitted at pre-
City. ..; �.x.:,....,>.::::;�::.
scheduled appointments with the'DThecor'i'bHdesignee. The requirement for application
appointments shall be posted 'publicly accessible location at City Hall and published on the
City's website. Appointment ; hall::.be scheduled in accordance with the procedures set forth in
:::.::...
Rule 3.2.1.B of theee; s.
Shot`Chicktife; timefor review. An EFP application shall be reviewed in
accordance th the shot clock tirneline for review) set forth in Section 6.10.075.E.
4.2.2 ? lication Submittal Requirements. An application for an EFP shall be made in
writing on such`fCrms,;as the rector prescribes, and shall comply with the following minimum
requirements, in addition to.atl'other information, materials and documentation determined to be
....................
necessary by the Direct `.to effectuate the purpose and intent of this section. The application
form shall specify the number, size and format of the project plans and application information,
materials and documentation to be provided, including but not limited to electronic format. The
Exhibit "1" - Page 27
Resolution No. XXXX
Director may waive certain submittal requirements or require additional information based on
specific project factors. Unless an exemption or waiver applies, an EFP application must
include all information, documentation and materials required pursuant to Section 6.10.075 and
this Rule. Submittal of an incomplete application shall result in issuance of a notice of
incompleteness to the applicant and the tolling of the applicable timeframe for review (shot
clock) under Section 6.10.075.E.6. An application shall not be deemed complete by the
City unless all required information, materials and documentation, as set forth herein,
have been submitted to the City. Failure to submit a complete application shall also
constitute grounds for the City to deny the application.
A. Complete Application. A fully completed and executed City application
form for the proposed eligible facility, and all information matetial.s, documentation, pre-
addressed mailing labels and envelopes, and fees specifiedin the tbapproved application
form.
•
B. Penalty of Perjury. All EFP apptiOations shall be signed by an authorized
representative of the applicant and shall be signed under penalty of perjury under the laws of
the state of California.
C. Applicant Information. Complete Legal name and contact information for
the facility owner, facility operator, agent (if any), and property.owner (for any collocation facility
on any existing WCF), and related letter(s)of authorization.
•
D. Identification of Elig€ble . atilttigki Request:' An applicant who contends
that the proposed WCF constitutes an eligible,facility r der6Section 6409 shall clearly indicate in
the application that the applicant is claimingeligible facilities status under Section 6409, in
accordance with the City-approved form.
E. Section 6409 Justification Analysis. The application shall include a
written statement that explains in fal detail the basis for the applicant's claim that the
proposed facility is an edible facility and Y ethof...and why Section 6409 and the related FCC
regulations at 47 C.F.Retion '1,p(fO'f 'set''s ' 'or any successor regulation, require approval
for the specific proposed 'ehgbl ' facility. The applicant's written statement shall include the
following:
aPpliable standard and all the facts that allow the City to
conclude the tandard and gi ffication as an eligible facility has been met;
2. Art'explanation and analysis setting forth whether and why the
support structure;qualifies as anxisting tower or existing base station; and
An explanation and analysis setting forth whether and why the
proposed collocation 6:•41.1iPdification does not cause a substantial change in height, width,
excavation, equipment cabinets, concealment or permit compliance.
Exhibit "1" - Page 28
Resolution No. XXXX
F. Public Notice; Proof of Service: A proposed public notice on the
applicant's letterhead, and a proposed affidavit or mailing or other proof of service. The public
notice and affidavit of mailing must be consistent with Section 6.10.075.E.1.a. and this Chapter,
and the text and format of the City-approved forms as adopted by the Director. City staff will
review the proposed public notice and affidavit to ensure that each form meets City
requirements. The applicant shall modify the forms as requested by the City.
G. Eligible Facility Plans. Detailed engineering plans of the proposed of the
proposed eligible facility, including height, shape, size and nature 9.f construction in accordance
with the requirements established by the Director. The plans sha>'include, but are not limited
to, a fully dimensioned diagram of the proposed eligible and antennas, including height,
diameter, design, shape, size, structural integrity, power Out ' t! and frequency, power
generators (if any), nature of construction, and purpose of the facility and technical engineering
specifications, economic and other pertinent factors governing selection of t o proposed design,
together with evidence that demonstrates that the proposed facility has been;designed to the
minimum height and diameter required from a techr:}tidgical standpoint for the proposed site.
The plans for a monopole must provide sufficient dot* to demonstrate that the structure will be
able to accommodate at least one other similar t e.commun r ions provider in addition to the
applicant. The plans should include a diagram Ai684.09 theseparation between the proposed
eligible facility and any existing facility or facilities on the same support structure or site.
H. Site Plans. A fully.-dimensioned site lar iscaping plan that includes, at a
minimum, the following information: spjfr ?:iacement of fete:::proposed tower, equipment
shelters, and any other WCF on the site; tback i;fro t adjacent property lines; the location of
existing structures, trees, and other signifi site features identifying those features proposed
to be removed; the type and locations of plant olgtr als proposed to screen antenna and other
components; the proposed materials and '''0,001s) for the eligible facility, and all other
information required by the Director,:::
Photographs artt Visual Analysis. Photographs of the eligible facility and
all antenna, equipment..,00 comporlerlts# curate and scaled photo-simulations showing views
of the proposed eligible a' lty from`i'Surroundrng residential properties and public rights-of-way
at varying distances and angaes!,vith a map indicating the locations used for the analysis and
their distances from the site.
J: IDo'rrrentation of.< Federal and State Compliance. Copies of all
applicable lines, permitsand/or other approvals required by any federal, state, and/or local
agency witFauthority to regulate eligible facilities and documentation of compliance with all
conditions'''im ?sed in conjunn with such licenses, permits or approvals. The required
documentatiol hall include, 'Atli expressly not limited to, the following:
44414 ...........,, <Engineering calculations demonstrating that the proposed eligible
facility will comply with all'applicable FCC rules, regulations, and/or specifications.
Exhibit "1" - Page 29
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Resolution No. XXXX
2. Completion of the radio frequency (RF) emissions exposure
guidelines checklist contained in Appendix A to the Federal Communications Commission's
(FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety", or any
successor regulations, to determine whether the WCF will be "categorically excluded" as that
term is used by the FCC.
3. For an eligible facility that is not categorically excluded under the
FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report
prepared and certified by an RE engineer acceptable to the City tht Certifies that the proposed
eligible facility, as well as any other WCFs that contribute to the cumulative exposure in the
subject area, will comply with applicable federal RF exposurgapdards, exposure limits and
emission levels. The RF report must include the actual fregeericyi nd power levels (in watts
effective radio power "ERP") for all existing and proposed a'itennas 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 yitit 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 ate project site.
K. Licenses, Permits and Other App1' pts. Proof of all applicable licenses,
permits or other approvals from the FAA, JFTB Los Alamitos, Naval Weapons Station, and/or
any other federal, state, or local airport authority or airport, if su :.approval is required, including
y
but expressly not limited to copies of cu
doments that the>'applicant is required to file
pursuant to FAA, U.S. Army and/or airport uthortty>:ord €i s, statutes, and/or regulations for
the facility.
L. Coastal Commission. R coastal development permit or exemption
therefrom.
M. Environ mental AtjocumentatiOri. Any environmental documentation
required to obtain such federal and/or state license} permit or other approval.
N CPUC>;;;'A copy of the certificate of public convenience and necessity
issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the
applicant to provides`thie :wi.relestecommunications service for which the eligible facility is
proposed to :::be deployed in the'``: ROW. Any applicant that, prior to 1996, provided
telecommurticitons service ;under administratively equivalent documentation issued by the
CPUC malt Submit copies of that documentation in lieu of a certificate of public convenience and
necessity.
O Franchiseor Agreement. If the applicant has been granted the right to
enter the PROW ptatst:::tdstate or federal law, or who have entered into a franchise or lease,
license or other agrees t''•with the City permitting them to use the PROW for the proposed
eligible facility, the application shall contain a copy of the relevant franchise or agreement and/or
all other documentation necessary to demonstrate the applicant's right to enter the PROW.
Exhibit "1" - Page 30
Resolution No. XXXX
P. Environmental Compliance. A completed environmental assessment
and documentation establishing that all applicable environmental mitigation measures imposed
by the City and any other federal or state environmental determination (i) have been met, (ii) will
be met as part of the proposed eligible facility, or (iii) are not applicable.
Q. Noise Study. A noise study prepared by a qualified acoustic engineer
documenting that the level of noise to be emitted by the proposed eligible facility will comply
with this code including but not limited to Chapter 7.15: Noise.
R. Traffic Control Plan. A traffic control planvi 'en the proposed installation
is on any street adjacent to a non-residential zone. The City shallave the discretion to require
a traffic control plan when the applicant seeks to use large equipment{e.,g. crane).
S. Southern California Edison (SCE) Documentation For any eligible facility
proposed to be collocated on an existing pole owned by SCE, the applicant shall provide all of
the following:
1. SCE Letter of Authotion; ANY
2. A completed SCE Streelgl't %'Authorization form reflecting the
recommendations of the lighting study;
3 SCE Const t Letter....
4. SCE Disconnect Letter. � w#>'
5. A lighting study; for the proposed collocation that meets the
Lighting Study Requirements established by the Director.
6. Any other documents reauired by SCE.
T. Wooden utility.poles Forary proposed eligible facility on a wooden utility
pole subject to any pole."at err nt rules, including but not limited to the Southern California
Joint Pole Committee, any ej documents demonstrating that such pole is subject to those
rules, all applicable reroiremert�: a,nd the manner in which the proposed eligible facility
complies with the appiicabie.pole attachment rules.
U. Exception_`;; If the applicant requests an exception pursuant to Section
6.10.070.3, the applicant shail„ii,provide all information, studies and other documentation
necessary fortlheCity to evaluate that request as part of the EFP application.
V. Argy ether additional information, studies and/or other documentation
determined necessarVtyitO Director to determine whether the proposed facility qualifies as an
eligible facility under Section 6.10.075 and Section 6409.
I
Exhibit "1" - Page 31
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Resolution No. XXXX
4.2.3 Application Submittal and Processing. All applications for EFP approval shall be
subject to and comply with the requirements of Section6.10.075.E, including but not limited to
the timelines set forth in Section 6.10.075.E.6, and the requirements of Rule 4.2.1 herein.
4.2.4 Public Notice of EFP Application. An EFP application shall include a notice of
filing of the eligible facilities application that complies with the City-approved template, and the
applicant shall mail the notice in accordance with the procedures set forth in Section
6.10.075.F.1 and Rule 3.2.3 of these Rules. Upon City's approval t. the form and content of
the notice, the applicant shall mail the approved notice to all residents and businesses within a
150-foot radius of the proposed site or location and provide proof of service to the City, in
accordance with the Department's instructions.
Rule 4.3 Design and Development Standards for Eligibie Facilities: All proposed eligible
facilities in the PROW shall comply with the following design and development;standards unless
the Director approves an exception pursuant to Subsectti 3 is Exceptions of•Section 6.10.070.
4.3.1 Towers and Base Stations in the PROW Towers::;pnd base stations proposed in
the PROW shall be designed so that they do not;OOnstitute a' tbstantial change as defined in
Section 6.10.075.B(2) and (3) of the code.
4.3.2 Application of Federal and State Design arid pevelopment Standards. All eligible
facilities shall be subject to and comply with.any applicable General Laws. In the event that any
applicable General Law conflicts with arty requirement of this Chapter, the applicable General
Law shall take precedence.
Rule 4.4 Conditions of Approval. In addition to the conditions required by Section
6.10.075.G, the permittee shall comply with all garrally applicable building, structural, electrical
and safety codes, disability accessstatutes and'regulations, and traffic codes and standards for
the proposed eligible facility>antd other conditions imposed by the Director that are reasonably
related to health and safety '''
Rule 4.5. Operation and Mairitettance Standards. The permittee shall comply with all
operations and maintenancestartrds set forth in Section 6.10.070.0 and Rule 3.2.6.
CHAPTER;5 -- APPEALS TO CITY COUNCIL.
Rule 5.1 General RegUrernents An appeal from a Director decision on a SFWP, AWCFP
or EFP shall be filed and reviewed in accordance with the provisions set forth in this Chapter,
except as'iott3:erwise specified in the Ordinances.
Rule 5.2. Ap : Subm#, 1
! Requirements. An appeal shall be made in writing on such
forms as the Direct6tOtgaptit$6s, and shall comply with the following minimum requirements, in
addition to all other infi oration and documentation determined to be necessary by the Director
to effectuate the purpose and intent of this section. The appeal form shall specify all information
and documentation to be provided, and the number, size and format of materials, including but
Exhibit "1" - Page 32
Resolution No. XXXX
not limited to electronic format. The Director may waive certain submittal requirements or
require additional information based on specific project factors. Unless an exemption or waiver
applies, all applications shall include all of the following and will not be accepted if any submittal
material is missing or not fully complete. An appeal shall not be deemed complete by the
City unless all required information, materials, and documentation, as set forth herein,
has been submitted to the City. Failure to submit a complete appeal shall constitute
grounds for the City to deny the appeal.
5.2.1 Complete Appeal. A fully completed and executed City appeal form, and all
information, documentation, materials, pre-addressed mailing labels and envelopes, and fees
specified in the City-approved appeal form.
5.2.2 Penalty of Perjury. All appeals shall be signed by an authsnzed representative of
the appellant and shall be signed under penalty of perjury under the laws of the state of
California.
5.2.3 Appellant Information. Complete legal name afad contact information for the
appellant. If the appellant is the original applicarlt,:the appellant information shall include the
legal name and contact information for the applii a t,;and, the facility owner, facility operator,
agent (if any), and property owner (for any collocation'facility"on any existing WCF), and related
letter(s) of authorization. For all other appellants, the ;appellant shall provide his/her/its
complete legal name and contact information, and related letters of authorization.
5.2.4 Fees. Concurrently with'; le 'co pleted :..appeal form and all supporting
information and documentation, the appellant;;shall i€:ictude the full appeal fee and any deposits
required by resolution of the City Council.
5.2.5 Grounds for Appetit ._The factuat and legal basis for the appeal, including all
relevant documents and information, ;end the reasons why the appellant contends the Director's
finding(s) were incorrect ,l accordar re with Section 332(c)(7) of the Telecommunications Act,
as implemented by Section 6.10.070 3 G i;Section 6.10.075.F.8.a, appeals to the Director's
decision premised on B environm ental effects of radio frequency emissions will not be
considered.
5.2.6 Tin ''for cision`'Any decision on appeal shall be issued in compliance with the
applicable shotlock.forthe rticula'pefmit application under Section 6.10.070 or 6.10.075.
CHAPTER 6 -- FORMS
Rule 6.1 •\ irector Resporisibility. The Public Works Director is authorized to create all
forms and noticesrequiredrder to administer the Ordinances and these Rules. All forms
and notices shall be> stn.. d in a manner consistent with the Ordinance and these Rules, and
....................:
....................
...................
..................
the Applicable Laws.
I
Exhibit "1" - Page 33
0
Resolution No. XXXX
Rule 6.2 Publication. Any rules, regulations, guidelines and forms adopted by the Director
to further implement the Ordinances and/or these Rules shall be published on the City's
website, and made available for inspection at the City.
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Exhibit "1" - Page 34