HomeMy WebLinkAboutCC Res 6894 2019-01-28Resolution 6894
RESOLUTION 6894
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING
RULES AND GUIDELINES FOR SMALL WIRELESS COMMUNICATIONS
FACILITIES AND ELIGIBLE FACILITIES IN THE PUBLIC RIGHTS -OF-
WAY
WHEREAS, pursuant to Urgency Ordinance 1676 -U, the Seal Beach City Council has
enacted procedures and requirements for the approval of small wireless communications
facilities and eligible 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 ; 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 and administer the
provisions of Section 6.10.070 regarding applications for small wireless facilities in the public
rights -of -way; and
WHEREAS, Section 6.10.075 of the Seal Beach Municipal Code authorizes the City
Council to adopt rules and guidelines by resolution to implement and administer the provisions
of Section 6.10.075 regarding applications for wireless communications facilities in the public
rights -of -way that qualify as eligible facilities under Section 6409(a) of the Middle Class Tax
Relief and Job Creation Act, and
WHEREAS, this Resolution has been reviewed with respect to the applicability of the
California Environmental Quality Act of 1970 ( "CEQA "), and the State CEQA Guidelines, and
the City Council has determined that this Resolution does not constitute a "project" within the
meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that it will result
in a direct or reasonably foreseeable indirect physical change in the environment and CEQA
Guidelines Section 15378 because it has no potential for either a direct physical change to the
environment, or a reasonably foreseeable indirect physical change in the environment.
Moreover, even if the proposed Ordinance comprises a project for CEQA analysis, it falls within
the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3),
excluding projects where "it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment." Adoption of this Resolution will
also enact only minor changes in land use regulations, and it can be seen with certainty that its
adoption will not have a significant effect on the environment because it will not allow for the
development of 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 environmental 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.
I SECTION 2, The Rules and Guidelines for Small Wireless Communications Facilities
and Eligible 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.
Resolution 6894
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 decision shall not affect the
validity of the remaining provisions of this Resolution. The City Council 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 upon the effective date
of Ordinance 1676 -U.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 28th day of January , 2019 by the following vote:
AYES:
Council Members:
Deaton, Massa - Lavitt, Varipapa, Sustarsic
NOES:
Council Members:
None
ABSENT:
Council Members:
Moore
ABSTAIN:
Council Members:
None
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Thomas Moore, Mayor
I, Gloria D, Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 6894 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular meeting
heIq on the 8th day of January, 2019.
loria D Harper, City Clerk
2
Resolution 6894
EXHIBIT "1" TO CITY OF SEAL BEACH RESOLUTION 6894
CITY COUNCIL RULES AND GUIDELINES FOR SMALL WIRELESS
COMMUNICATIONS FACILITIES AND ELIGIBLE FACILITIES IN THE
PUBLIC RIGHTS -OF -WAY
TABLE OF CONTENTS
Page
CHAPTER 1 - POLICY ........................................... ............................... 3
Rule1.1 Purpose .......................................... ............................... 3
Rule 1.2 Construction and Intent ....................... ............................... 3
CHAPTER 2 - DEFINITIONS .................................... ............................... 3
CHAPTER 3 - WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS -
OF -WAY (SEAL BEACH MUNICIPAL CODE SECTION 6.10.070) ...... 5
Rule3.1 Scope ................................................ ............................... 5
3.1.1 Small Wireless Facilities
............................ ............................... 5
3.1.2 Eligible Facilities ................................. ............................... 5
3.1.3 Governing Laws .................................. ............................... 5
Exhibit °1 ° - Page 1
Rule 3.2
SWFP Applications ............. ............................... 5
3.2.1
Application Procedures ........................ ...............................
5
3.2.2
Application Submittal Requirements ....................... :..............
6
3.2.3
Public Notice of SWFP Application ........................ 10
3.2.4
Design, Aesthetic and Development Standards for Small Wireless Facilities..
11
3.2.5
Southern California Edison (SCE) Streetlights ..........................
19
3.2.6
City -Owned Streetlights ......................... ...............................
20
3.2.7
Wooden Utility Poles Regulated by the Southern California Joint
Pole Committee ................................... ...............................
22
3.2.8
Conditions of Approval .......................... ...............................
23
3.2.9
Operation and Maintenance Standards ...... ...............................
27
CHAPTER 4 - ELIGIBLE FACILITIES IN THE PUBLIC RIGHTS -OF -WAY (SEAL BEACH
MUNICIPAL CODE SECTION 6.10.075) ...............................
28
Rule4.1
Scope .............................................. ...............................
28
Rule 4.2
EFP Applications ................................. ...............................
29
Exhibit °1 ° - Page 1
Resolution 6894
4.2.1
4.2.2
Application Procedur-es ......................... ...............................
Application Submittal Requirements ......... ...............................
29
29
4.2.3
Application Submi'i al and Processing ....... ...............................
33
4.2.4
Public Notice of E! -P .............. ...............................
33
Rule 4.3
Design, Aesthetic and Development Standards for Eligible Facilities ............
33
4.3.1 Toners and Base Stations in the PROW ... ............................... 33
4.3.2 Application of Federal and State Design, Aesthetic and Development Standards
33
Rule 4.4 Conditions of Approval .......................... ............................... 33
Rule 4.5 Ooeration and Maintenance Standards ..... ............................... 33
CHAPTER 5 - [ RESERVED ] ............................ 34
Rule 5.1 Reserved ............ ............................... 34
CHAPTER 6 - POLICIES, REGULATIGNS AND FORMS ......... .................. 34
Rule 6.1 Director Responsibility ........................... ............................... 34
Rule 6.2 Publication ........................................... ............................... 34
Ii
Exhibit "1" - Page 2
Resolution 6894
RULES AND GUIDELINES FOR SMALL WIRELESS COMMUNICATIONS
FACILITIES AND ELIGIBLE FACILITIES IN THE PUBLIC RIGHTS -OF-
WAY
CHAPTER 1 -- POLICY
Rule 1.1 Purpose. The Seal Beach City Council has enacted procedures and
requirements for the approval of small wireless communications facilities and eligible 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. 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 prohibit any 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 or regulations;
3. Unreasonably discriminate among providers of functionally equivalent
services;
4. Deny any request for authorization 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 concerning such emissions;
5. Prohibit any collocation or modification that the City may not deny under
federal or California state law; or
6. Otherwise authorize the City to preempt any applicable federal or
California state law or regulation.
B. 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 the public rights -of -way.
CHAPTER 2 -- DEFINITIONS
1 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
Resolution 6894
6.10 of Title 6 of the Seal Beach Municipal Code, unless the context in which they are used
clearly requires otherwise.
Cam: means the City of Seal Beach.
Code: means the Seal Beach Municipal Code.
Day: means a calendar day, except as otherwise expressly provided in these Rules.
Department: means the Public Works Department.
EFP: means an Eligible Facility Permit as defined in 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(a).
Governing Laws: means all local; federal and state laws, regulations, orders and rulings
applicable to the specific existing or proposed wireless communications facility or wireless
communications facility permit at issue, federal or state statutes, regulations, FCC rulings and /or
orders, and PUC rulings and /or general orders.
Section 6.10.010: means Section 6.10.010 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal, as may be amended.
Section 6.10.070: means Section 6.10.070 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code, as may be amended.
Section 6.10.075: means Section 6.10.075 of Chapter 6.10 of Title 6 of the Seal Beach
Municipal Code, as may be amended.
Section 6409(a): means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of
2012, Pub. L. No. 112 -96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a) (the "Spectrum
Act'), as may be amended.
SWFP: means a Small Wireless Facilities 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(a) and Section
6.10.075 of the Seal Beach Municipal Code.
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 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. -- SMALL WIFIELIESS COMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHTS -OF -WAY (SEAL BEACH MUNICIPAL CODE SECTION 6.10.070)
Exhibit 1" - Page 4
Resolution 6894
Rule 3.1 Scope.
3.1.1 Small Wireless Facilities . This Chapter further implements the requirements for
the proposed installation or construction, and modification or collocation, of small wireless
facilities (SWFs) 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 these Rules.
3.1.3 Governing Laws. This Chapter, and all applications and permits processed
pursuant to the Ordinances and these Rules shall be interpreted in a manner to be consistent
with the requirements of Section 6.10.070 and the provisions of any applicable Governing Laws.
Rule 3.2 SWFP Applications.
3.2.1 Application Procedures. An application for a SWFP shall be filed and reviewed in
accordance with the following provisions, except as otherwise specified in Section 6.10.070.
A. Voluntary Pre - submittal Conference. An applicant may request a pre -
submittal conference with the Director or designee to take place prior to formal application
submittal under Section 6.10.070.E.3. The pre - submittal conference shall be voluntary and at
the applicant's sole option. All requests for pre - submittal conferences shall be in writing; and he
applicant shall be required to sign an acknowledgment that participation in a voluntary pre -
submittal conference shall not trigger the application of any shot clocks (timing deadlines) under
1 Section 6.10.070.E.6. Department staff will endeavor to provide applicants with an appointment
within approximately five business days after receipt of a written request. The voluntary pre -
submittal conference will include informal discussion that addresses, without limitation, the
appropriate project classification and review process, including whether the project qualifies for
approval as a small wireless facility or other wireless communications facility; any latent issues
in connection with the existing wireless tower or base station, compliance with generally
applicable rules for public health and safety; potential concealment issues or concerns;
coordination with other city departments responsible for application review; and application
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 but may schedule successive
appointments for multiple applications whenever feasible and not prejudicial to other applicants.
Applicants may also submit batched applications, covering multiple WCFs, at the same time;
and the Director may develop alternative rules that allow for these concurrently filed multiple
applications. Any application received without an appointment or the required application fee,
whether delivered in person, by mail or through any other means, will not be considered duly
filed unless the applicant received a written exemption from the Director at a voluntary pre-
1 submittal conference
Exhibit I" - Page 5
Resolution 6894
B. Shot Clocks. An application shall be reviewed in accordance with the
shot clock (timeline for review) set forth in Section 6.10.070E.6, as applicable based on the type
of facility at issue.
3.2.2. Application Subrnirai :Requi.,ements. An application for a SWFP shall be made in
writing on such forms as the Director prescribes, and shall comply with the following minimum
requirements, in addition to all other information, material and documentation determined to be
necessary by the Director to effectaa'.e 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
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 material form, information or documentation is
missing or not fully completed. An e.pplication shall not be deemed complete by the City
unless all required forms, infcrms ion and documentation, as set forth herein, have been
submitted to the City.
A. Complete Application. A fully completed and executed City application
form for the type of approval sought, and all information, materials, documents, pre- addressed
mailing labels and envelopes, and fees specified in the City- approved application form, Section
6.10.010 and this Chapter.
B. Penalty 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.
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. T he type of WCF proposed under Section 6.10.070
(small wireless facility), and a full written description of the proposed facility, its purpose, and
specifications.
1. Distributed Antenna System. Applications for a DAS SWF shall
be submitted as a single SWFP application for the entire project. Each individual location within
the system shall be processed and considered for approval separately. Permitting fees will be
applied to each site. Each location will be evaluated and must comply with the all design,
aesthetic and development standards as defined by this section.
2. Fiber only. Applicants seeking to install a SWF shall not seek a
SWFP to install fiber only and subsequently seek to install antennas and accessory equipment
pursuant to a SWFP. The applications for all instailations in the PROW shall simultaneously
request fiber installation or other cable installation when applying for a SWFP permit.
E. 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 the text and format of the City- approved
forms as adopted by the Director and consistent with the requirements of Rule 3.2.3. City staff
Exhibit "1" - Page 6
Resolution 6894
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.
F. Inventory. An inventory list and map of the applicant's existing WCFs,
including but not limited to collocations, operated by the applicant within two miles of the
proposed site ( "service area "), and conceptual plans. for a period of five years shall also be
provided, if available. The inventory list must include specific 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 Service Area. A written description identifying the geographic
service area for the subject installation, accompanied by a two -year master plan of anticipated
future installations and /or modifications, including maps.
H. Report or Alternatives; Report on Technical Infeasibility of Collocation.
1. A report explaining why the SWF is needed at the requested
location, including a written statement explaining the rationale for selecting the
proposed site; and how the proposed SWF is the least intrusive means for the applicant
to provide wireless service in the proposed service. Said statement shall include all
existing structures and /or alternative sites evaluated for potential installation of the
proposed SWF and why said alternatives are not a viable option.
2. If the applicant is seeking to construct a new monopole, the
applicant shall explain why collocation or location on another kind of support structure is
not technically feasible, including efforts made to develop such an alternative. If the
City has requested that the applicant collocate its SWF on a site, the applicant shall
explain why collocation is not technically feasible, including efforts made to develop
such an alternative.
I. Small Wireless Facility Plans. Detailed engineering plans of the proposed
of the proposed SWF 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 plans shall include, but are not limited to, a fully dimensioned diagram of the proposed SWF
and antennas, including height, diameter, design, shape, size, structural integrity, power output
and frequency, power generators (if any), cabinets and other equipment 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 SWF and any existing facility
or facilities on the same support structure or site, if collocation is planned.
J. Site Plans. A fully- dimensioned site /landscaping plan that includes, at a
minimum, the following information: specific placement of the proposed tower, equipment
shelters, and any other WCF on the site; setbacks from adjacent property lines; the location of
existing structures, trees, and other significant site features identifying those features proposed
Exhibit 1" - Page 7
Resolution 6894
to be removed; the type and locations of plant materials proposed to screen SWF antenna and
other components; the proposed materials and color(s) for the SWF, and all other information
required by the Director.
K. Photographs and Visual f.nalysis. Photographs of the SWF and all
antenna, equipment and components; accurate and scaled photo - simulations showing views of
the proposed SWF from surrounding residentia! properlies and public rights -of -way at varying
distances and angles with a map indicating the locations used for the analysis and their
distances from the site.
L. Documentation of Federal and State 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 documentation of compliance with all conditions imposed
in conjunction with such licenses, permits or approvals. The required documentation shall
include, but is expressly not limited to, the following:
1. Engineering calculations demonstrating that the proposed SWF
will comply with all applicable FCC rules, regulations, and/or specifications.
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 SWF will be "categorically excluded" as that
term is used by the FCC.
3. For a SWF 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 RF encineer acceptable to the City that certifies that the proposed
SWF, as well as any WCFs 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
"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.
Exhibit "1" - Page 8
Resolution 6894
P CPUC. A copy of the certificate of public convenience and necessity
t issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the
applicant to provide the wireless telecommunications service for which the facilities are
proposed to be constructed in the PROW. Any applicant that, prior to 1996, provided
telecommunications service under administratively equivalent documentation issued by the
CPUC may submit copies of that documentation in lieu of a certificate of public convenience and
necessity.
Q. Franchise or Agreement. If the applicant has been granted the right to
enter the PROW pursuant to state or federal law, or who have entered into a franchise or lease,
license or other agreement with the City permitting them to use the PROW for the proposed
SWF, 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.
R. 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 WCF, or (iii) are not applicable.
S. Noise Study. A noise study prepared by a qualified acoustic engineer
documenting that the level of noise to be emitted by the proposed SWF will comply with this
code including but not limited to Chapter 7.15: Noise.
T. Traffic 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).
U. Utility Pole Attachments. For any SWF proposed to be collocated on a
pole or structure owned by a public utility such as Southern California Edison, the application
shall include written evidence of the utility's approval of applicant's proposed attachment
including any and all applicable terms and conditions, and detailed description and detailed
plans of the approved SWF. A SWF authorized by law and approved by the utility company for
attachment to a utility owned pole or structure, shall be subject to all provisions of Section
6.10.070 and these Rules except to the extent any such provisions are preempted by State or
federal law related to utility pole attachments by wireless providers ( "Pole Attachment Rules ").
Such documentation shall include but is not limited to, the following:
1. Southern California Edison (SCE) Documentation. For any
SWF proposed to be collocated on an existing or replacement pole owned by Southern
California Edison (SCE), the applicant shall provide all of the following:
(a) SCE Letter of Authorization;
(b) A completed SCE Streetlight Authorization form
reflecting the recommendations of the lighting study;
(c) SCE Consent Letter;
(d) SCE Disconnect Letter;
Exhibit 1" - Page 9
Resolution 6894
(e) A lighting study for the proposed SCE streetlight
replacement that meets the Lighting Study Requirements established and published by
the Director.
(f) Any other documents required by SCE.
2. Wooden utility poles. For any wooden utility pole subject to
any Pole Attachment Rules, including but not limited to the Southern California Joint
Pole Committee, any and all information and documents demonstrating that such pole is
subject to those rules, all applicable requirements, and the manner in which the
proposed SWF complies with the applicable Pole Attachment Rules, and detailed plans
for the utility- approved SWF.
X. Exception. If the applicant requests an exception from any of these
requirements pursuant to Section 6.10.070.J, the applicant shall provide all information, studies
and other documentation necessary for the City to evaluate that request as part of the SWFP
application.
Y. Any other additional information, studies and /or other documentation
determined necessary by the Director.
3.2.3. Public Notice of SWFP Application. The SWFP application shall include a public
notice of filing of the application and proof of service that comply with the City- approved
templates. The following provisions apply:
A. Method of Providing 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 150 -foot radius of the proposed wireless communications service facility
location or site.
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 address 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.
B. Noticing Process.
1. Once the City determines that the notice and proof of service are
in compliance with the City- required form and content, the applicant shall mail the approved
Exhibit "1" - Page 10
Resolution 6894
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 instructions.
2. Concurrently with service of 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 on the residents and businesses as
required by this Rule.
3.2.4. Design, Aesthetic and Development Standards for Small Wireless Facilities. In
addition to the requirements of Section 6.10.070.G of the Code, all small wireless facilities in the
PROW shall comply with the following standards unless the Director approves an exception
pursuant to Subsection J: Exceptions of Section 6.10.070.
A. Application of Federal and State Design, Aesthetic and Development
Standards. All small wireless facilities shall be subject to and comply with any Governing
Law(s) regulating to the design, aesthetics, or development of the proposed facility which is the
subject of the SWFP application. Notwithstanding any other provision of this Rule 3.2.4, in the
event that any Governing Law(s) for the small wireless facility conflicts with any requirement of
this Chapter, the Governing Law(s) shall take precedence.
B. Height and Volume Standards. Small wireless facilities shall comply with
the following height and volume standards.
1. Height. A small wireless facility (a) shall be mounted on structures
50 feet or less in height (including its antennas); or (b) shall be mounted on structures no more
than 10 percent taller than other adjacent structures; or (c) shall not extend existing structures
on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is
greater.
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.
C. All WCFs shall comply with Chapter 7.15: Noise, of the Code.
D. Concealment, Screening and Blending.
1. The applicant shall employ concealment, screening and
camouflage techniques and elements in the design and placement of a WCF in order to ensure
that the WCF is as visually inconspicuous as possible, to prevent the facility from dominating the
surrounding area and to hide the WCF from predominant views from surrounding properties, all
in a manner that achieves compatibility with the community.
Exhibit "I" - Page 11
Resolution 6894
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 or
wireless collocations communications facility'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 colors and non - reflective materials
that blend with the materials and colors of the surrounding area and structures.
4. The WCF shall be of the least intrusive design possible and
occupy the least amount of space in the right -of -way possible. In no event shall a SWF exceed
the limits prescribed in the design, aesthetic and development standards set forth in Section
6.10.070 and this Chapter.
E. Equipment
1. Subject to Section 6.10.070.G.4, or as required by any provision
of the Governing Law(s), above - ground electrical meter facilities are prohibited. Applicants shall
execute a contract with Southern California Edison for service under the Wireless Technology
Rate (WTR) Schedule. WTR equipment shall be installed below grade. All other accessory
equipment shall be located underground; but not located in any parkway within the PROW. The
Director may grant an exception to undergrounding pursuant to Section 6.10.070.J under any of
the circumstances set forth in Section 6.10.070.G.4 or under any of the following circumstances:
(a) If Director determines that there is no room in the PROW
for undergrounding or that undergrounding is not technically feasible, approval of an exception
by the Director shall be required in order to place accessory equipment above - ground and
concealed with natural or manmade features to the maximum extent possible.
(b) When above - ground is the only technically feasible
location for a particular type of accessory equipment and will be ground- mounted, such
accessory equipment shall be enclosed within a structure, shall not exceed a height of five feet
and a total footprint of nine square feet, and shall be fully integrated into the base of the pole
unless not technically feasible, and shall be screened and /or camouflaged, including by the use
of landscaping, architectural treatment, or other acceptable alternate screening. Required
electrical meter cabinets shall be screened and /or camouflaged.
(c) In locations where homes are only along one side of a
street, above - ground accessory 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.
(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.
Exhibit "'I" - Page 12
H
Resolution 6894
F. A WCF shall not be located within any portion 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 travel, sign or signals, or parking,
as required by the Governing Laws.
G. Vaults, including required vents, and pull boxes shall be installed flush to
g rade.
H. No WCF shall bear any signs or advertising devices other than
certification, warning or other signage required by Governing Laws. Signage that serves a
public /occupational safety function shall be exempt from the design standards but shall comply
with all applicable requirements of the Governing Laws. All signs shall require prior City
approval.
I. Lighting
1. No facility may be illuminated unless specifically required by the
FAA or other government agency. Beacon lights 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 required lighting shall be shielded to eliminate, to the
maximum extent possible, impacts on the surrounding neighborhoods. The applicant shall
submit a lighting study which shall 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 timed or motion - sensitive light controllers and must install lights so as
to avoid illumination impacts to adjacent properties to the maximum extent technically feasible.
The City may, in its discretion, exempt an applicant from the foregoing requirement when the
applicant demonstrates a substantial public safety need.
J. 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
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.
K. 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
Exhibit " 1" - Page 13
Resolution 6894
2. All installations on utility poles shall fully comply with all applicable
PUC general orders, including, but not limited to, General Order 95, as may be revised or
superseded.
L. Wind Loads. Each WCF shall be properly engineered to withstand wind
loads as required by this Code or any duly adopted or incorporated code. An evaluation of high
wind load capacity shall include the impact of modification of an existing WCF.
M. Obstructiops. Each component.part 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 measured from a point not less than thirty feet from the
intersection of the two property lines. Nothing in excess of three feet in height, with the
exception of buildings, may be located within the corner cutoff. This includes utilities, fences,
walls, monument signs, hedges and other landscaping.
N. Landscaping. Where appropriate, each WCF shall be installed so as to
maintain and enhance existing landscaping on the site, including trees, foliage and shrubs.
Additional landscaping shall be planted and irrigated by the applicant to replace any
landscaping damaged or destroyed during the WCF installation, or in such other locations within
the PROW that the City determines to be necessary to provide screening of or to conceal the
WCF.
O. Security Features. All WCFs shall be designed to minimize opportunities
for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in
hazardous situations, visual blight or attractive nuisances.
1. Security 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.
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 be installed as a security
device.
P. Fire Prevention. All WCFs shall be designed and operated in a manner
that will minimize the risk of igniting a fire or intensifying one that otherwise occurs. At a
minimum, such facilities shall comply with the following requirements:
1. At least one -hour fire resistant interior surfaces shall be used in
the construction of all buildings.
Exhibit "l ° - Page 14
Resolution 6894
2. The exterior walls and roof covering of all above - ground
1 equipment shelters and cabinets shall be constructed of materials rated as non - flammable in the
California Building Code.
3. Monitored automatic fire extinguishing systems approved by the
Orange County Fire Authority shall be installed in all equipment buildings and enclosures.
4. Openings in all above - ground equipment shelters and cabinets
shall be protected against penetration by fire and wind -blown embers to the extent technically
feasible.
3.2.5 'Southern California Edison (SCE) Streetlights. Except as otherwise required
under any applicable pole attachment rules or other provisions of Governing Laws, the following
design standards shall apply to all WCFs deployed on Southern California Edison Streetlights.
A. A WCF may only be installed on an SCE streetlight if the proposed facility
is approved by SCE in writing.
B. Equipment shall be installed on top of the streetlight pole subject to the
limitations described below.
1. The streetlight shall be equipped with a mounting bracket to which
the wireless communications facility will be attached. The mounting bracket shall not be
attached to the streetlight via stainless steel banding or similar. '
2. Exposed wiring is prohibited on all streetlights.
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 standard. The cantenna shall
be colored to match the pole.
5. The concealment for all equipment shall have the appearance of
creating one tubular -like mass.
6.. Base shrouds are prohibited.
C. Equipment that exceeds the limitations set forth above shall be installed
below grade.
D. All ventilation must be via flush vents located on the pole top concealment
elements. Vents must be designed to maximally blend with the overall streetlight structure.
Vents along the length of the pole are prohibited.
Exhibit "1" - Page 15
Resolution 6894
E. All cabling, wires, and conduit shall be concealed completely within the
pole and the concealment shroud. Cabling and wires shall enter /exit the streetlight pole through
conduit sweeps within the streetlight rooting.
F. Exceptions may be granted by the Director on the findings set forth in
Section 6.10.070.) or as otherwise required by the Governing Law(s).
3.2.6. City -Owned Streetlights. If the City agrees to allow the deployment of a WCF on
a City -owned streetlight in the PROW, the following minimum requirements shall apply.
A. The decision to allow the deployment of a WCF on a City -owned
streetlight in the PROW shall be in the City's sole discretion. The City may require that approval
of a WCF shall be conditioned upon execution of a lease, license or other agreement between
the City and the applicant.
B. If an applicant proposes to replace an existing streetlight pole with a new
streetlight pole in 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, materials, and style, with the exception of any existing pole designs that are
proposed to be removed and not replaced.
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 color, design, and materials of the existing streetlight mast arm and luminaire.
C. If a new City streetlight pole that will not replace an existing streetlight is
proposed, the new streetlight pole shall be designed to resemble existing poles in the PROW
near that location, including size, height, color, materials, and style, with the exception of any
existing pole designs that are proposed to be removed and not replaced.
The new streetlight shall be a minimum of 18 inches from the face
of the curb.
2. The new streetlight mast arm and luminaire shall be approved by
the Director.
D. Equipment shall be installed on top of the streetlight pole and /or in a base
shroud subject to the limitations described below.
1. The streetlight shall be equipped with a top -of -pole mounting
bracket to which the wireless communications facility will be attached. The mounting bracket
shall not be attached to the streetlight via stainless steel banding or similar.
2. Equipment must be enclosed in a single tubular concealment
shroud colored to match the pole.
Exhibit "1 "- Page 16
Resolution 6694
(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 standard. The cantenna shall
be colored to match the pole.
3. The top -of -pole concealment for all equipment shall have the
appearance of creating one tubular -like mass.
4. The top -of -pole concealment for all equipment shall not exceed an
overall diameter of 16 inches or a height of 84 inches.
E. Base shrouds 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.
square.
2. Square base shrouds shall have a maximum dimension of 20"
3. Round base shrouds shall have a maximum diameter of 20 ".
4. Base shrouds shall not exceed 60" in height.
(a) In no case shall base shrouds be located within 18 inches
of the face of the curb.
5. All ventilation must be via flush vents located on the pole top
and /or base shroud concealment elements. Vents must be designed to maximally blend with the
overall streetlight structure. Vents along the length of the pole are prohibited.
6. Equipment that exceeds the limitations set forth above shall be
installed below grade.
7. All cabling, wires, and conduit shall be concealed completely
within the pole, concealment shroud, and base shroud. Cabling and wires shall enter /exit the
streetlight pole through conduit sweeps within the streetlight footing.
8. To maintain consistent design aesthetics, the addition of antennas
to existing decorative and ornamental pedestrian and park lighting is prohibited.
3.2.7 Wooden Utility Poles Regulated by the Southern California Joint Pole Committee.
The following requirements shall apply to all proposed WCFs on wooden utility poles regulated
by the Southern California Joint Pole Committee.
A. If top -of -pole mounting is not expressly prohibited by the PUC, the
applicable Pole Attachment Rules, or other authority having jurisdiction, equipment shall be
installed on top of the wooden utility pole subject to the limitations described below.
1. The wooden utility pole shall be equipped with a top -of -pole
mounting bracket to which the personal wireless service facility will be attached. The mounting
bracket shall be colored to match the pole.
Exhibit "1" - Page 17
Resolution 6894
2. All wiring running along the length of the pole shall be enclosed in
appropriate conduit colored to match the pole and installed tight against the pole to the
maximum extent technically possible.
3. 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 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, the applicable
Pole Attachment Rules, or other authority having jurisdiction, equipment shall be installed at the
legally - permissible location subject to the limitations described below.
1. Above grade equipment shall be installed a minimum of 16 feet
above grade.
2. All wiring running along the length of the pole shall be enclosed in
appropriate conduit colored to match the pole and installed tight against the pole to the
maximum extent technically possible.
3. Equipment shall be installed in an integrated bracket arm colored
to the match the pole subject to the following dimension limits:
(a) I'Aaximum projection from pole face: 60 inches
(b) Maximum width when viewed from the ground: pole
diameter at height of installation or 10 inches, whichever is greater.
(i) Exception: Antenna diameter may be up to 12
inches or the pole diameter at the height of installation, whichever is greater.
(c) Maximum height: 60 inches.
4. The bracket arm shall project from the utility pole in a direction
approved by the City subject to the limits 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.
Exhibit "1" Page 18
Resolution 6894
3.2.8 Conditions of Approval. In addition to compliance with the design, aesthetic and
development standards outlined in Section 6.10.070.H. and these Rules, all SWFS shall be
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 and authorized by law, as new technology becomes
available, the permittee shall:
1. Place above - ground SWFS below ground, including, but not
limited to, accessory equipment that has been mounted to a telecommunications tower or
mounted on the ground, subject to Section 6.10.070.G.4.e and Rule 3.2.6.C, any exception
pursuant to Section 6.10.070.J, or as otherwise required by the Governing Laws; and
2. Replace larger, more visually intrusive SWFs with smaller, less
visually intrusive facilities, after receiving all necessary permits and approvals required pursuant
to the code.
C. The permittee shall submit and maintain current at all times basic contact
and site information on a form to be supplied by the City. The permittee shall notify the City of
any changes to the information submitted within thirty days of any change, including change of
the name or legal status of the owner or operator. This information shall include, but is not
limited to, the following:
1. Identity, including the name, address and 24 -hour local or toll -free
contact phone number of the permittee, the owner, the operator, and the agent or person
responsible for the maintenance of the SWF; and
2. The legal status of the owner of the SWF.
D. The permittee shall not transfer or assign the SWFP to any person prior
to the completion of the construction of the SWF covered by the permit, unless and until the
transferee or assignee of SWFP has submitted the security instrument required by Section
6.10.070 and the conditions of approval.
E. The permittee shall notify the City in writing at least ninety (90) days prior
to any transfer or assignment of the SWFP. The written notice required in this section must
include: (1) the transferee's legal name; (2) the transferee's full contact information, including a
primary contact person, mailing address, telephone number and email address; and (3) a
statement signed by the transferee that the transferee shall accept all permit terms and
conditions. The Director may 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
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
Exhibit "'I" - Page 19
Resolution 6894
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 shall 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 bearing the emergency contact
name and telephone number shall be posted pursuani to the approved plans.
G. If a nearby property owner or resident registers a noise complaint, the
City shall forward the same to the permittee. The complaint shall be reviewed and evaluated by
the applicant. The permittee shall have ten business days to file a written response with the
City regarding the complaint which shall include any applicable remedial measures. If the City
determines the complaint is valid and the permittee has not taken 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 site is found in violation of this section.
The matter shall be reviewed by the Director. If the Director determines sound - proofing or other
sound attenuation measures should be required to bring the project into compliance with the
code, the Director may impose conditions on the project to achieve said objective.
H. A condition setting forth the SWFP expiration date shall be included in the .
conditions of approval.
I. The SWFP shall be subject to such conditions, changes or limitations as
are from time to time deemed necessary by the Director or City Council for the purpose of: (a)
protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and
vehicular traffic; and /or (c) preventing damage to the PROW or any adjacent property. The City
may modify the permit to reflect such conditions, changes or limitations by following the same
notice and public hearing procedures as are applicable to the underlying permit for similarly
located facilities, except the permittee shall be given notice by personal service or by registered
or certified mail at the last address provided to the City by the permittee.
J. The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement or property without the prior consent of the
owner of that structure, improvement or property. No structure, improvement or property owned
by the City shall be moved to accommodate a WCF unless the City determines that such
movement will not adversely affect the City or any surrounding businesses or residents, and the
permittee pays all costs and expenses related to the relocation of the City's structure,
improvement or property. Prior to commencement of any work pursuant to a ministerial permit,
issued for any SWF 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
any other structure, improvement or property within the PROW to be affected by applicant's
W CF.
K. The permittee shall assume full liability for damage or injury caused to
any property or person by the SWF.
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, parkways, street lights, traffic
Exhibit "f" - Page 20
id
Resolution 6894
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 SWF in the PROW. The permittee
shall restore such areas, structures and systems to the condition in which they existed prior to
the installation or maintenance that necessitated the repairs. In the event the permitted fails to
complete such repair within the number of days stated on a written notice by the City Engineer.
Such time period for correction shall be based on the facts 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 such repair to be completed at permittee's sole
cost and expense.
M. No SWF shall be permitted to be installed in the drip line of any tree in the
L'L'liP�
N. The permittee shall obtain, pay for and maintain, in full force and effect
until the SWF approved by the permit is removed in its entirety 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 SWF
is removed from the PROW. The insurance shall comply with the minimum limits and coverages
and provisions set forth in this Subsection, and as otherwise established from time to time by
the City, and which fully protect the City from claims and suits for bodily injury, death, and
property damage.
1. Commercial general liability insurance to cover liability bodily
injury, property damage and personal liability. Exposures to be covered are premises,
operations, products /completed operations, and certain contracts. Property damage liability
insurance shall include coverage for the following hazards: explosion, collapse and
underground. Coverage must be written on an occurrence basis, with the following limits of
liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage and
$4,000,000 aggregate for bodily injury, 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.
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 shall be responsible for collecting
and maintaining all insurance from sub - permittees, consultants, contractors and subcontractors.
The permittee shall ensure that all insurance received from all sub - permittees, consultants,
contractors, and subcontractors meet and /or exceed the requirements this subdivision.
6.
Except with
regard
to the professional liability policy(ies), the
insurance must name the
City and its
elected
and appointed council members, boards,
Exhibit 1" - Page 21
Resolution 6894
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 of at least a A:Vlll in the latest edition of A.M.
Best's Insurance Guide, and include an endorsement providing 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, and any insurance or self- insurance maintained
by the City and its elected and appointed council members, boards, commissions, officers,
officials, agents, consultants, employees. volunteers and independent contractors serving as
City officials shall be excess of permittee's insurance and shall not contribute with it. The
policies of insurance required by this permit shall include provisions for waiver of subrogation.
In accepting the benefits of the permit, the permittee shall be required to waive all rights of
subrogation against the City and its elected and appointed council members, boards,
commissions, officers, officials, agents, consultants, employees and volunteers. The insurance
must afford coverage for the permittee's and the wireless provider's use, operation and activity,
vehicles, equipment, facility, representatives, agents and employees, as determined by the
City's risk manager.
7. Before issuance of any ministerial permit, for the SWF, 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.
O. Should the utility company servicing the SWF with electrical service that
does not require the use of an above- ground meter cabinet, the permittee shall at its sole cost
and expense remove the meter cabinet and any related foundation within ninety (90) days of
such service being offered and reasonably restore the area to its prior condition. An extension
may be granted if circumstances arise outside of the control of the permittee.
P. The permittee shall modify, remove, or relocate its SWF, 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 SWF shall require submittal, review and
approval of a modified SWFP pursuant to the code including applicable notice procedures. The
permittee shall be entitled, on permittee's election, to either a pro -rata refund of fees paid for the
original permit or to a new permit, without additional fee, at a location as close to the original
location as the standards set forth in the code allow. In the event the SWF 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 permittee. Further, due to exigent circumstances including those
of immediate or imminent threat to the public's health and safety, the City may modify, remove,
or relocate a SWF without prior notice to permitted provided the permiftee is notified within a
reasonable period thereafter.
Exhibit "I" - Page 22
Resolution 6894
0. The SWFP shall not become effective for any purpose unless /until a City
"Acceptance of Conditions" form, in a form approved by the City Attorney's office, has been
signed and notarized by the applicant/permittee before being returned to the Director; and until
the ten (10) calendar day appeal period has elapsed. The permit shall be void and of no force
or effect unless such written agreement is received by the City within said thirty -day period.
3.2.9. Operation and Maintenance Standards. In accordance with Section 6.10.070.0,
all SWFs must comply at all times with the 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 decision approving the WCFP.
A. Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated maintenance agent
within forty -eight (48) hours:
1. After discovery of the need by the permittee, owner, operator or
any designated maintenance agent; or
2. After permittee, owner, operator or any designated maintenance
agent receives notification from 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
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, cabinets, artificial foliage or camouflage,
and the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint;
3. Rust and corrosion;
4. Cracks, dents, and discoloration;
5. Missing, discolored or damaged artificial foliage or other
camouflage;
6. Graffiti, bills, stickers, advertisements, litter and debris;
Exhibit "1" - Page 23
Resolution 6894
7. Broken and misshapen structural parts; and
a. Any damage from any cause.
E. All trees, foliage 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 be responsible for replacing any damaged, dead or decayed landscaping. No
amendment to any approved landscaping plan may be made until it is submitted to and
approved by the Director.
F. The permittee shall replace its WCF, after obtaining all required permits, if
maintenance or repair is not sufficient 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.
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(a).
4.1.2 This Chapter and all applications and permits processed pursuant to Section
6.10.075 and this Chapter shall be interpreted in a manner to be consistent with the
requirements of Section 6.10.075 and the provisions of any Governing Laws.
Rule 4.2 EFP Applications.
4.2.1 Application Procedures. An EFP application shall be filed and reviewed in
accordance with the following provisions, except as otherwise specified in Section 6.10.075.
A. Voluntary Pre - submittal Conference. An applicant may request a pre -
submittal conference with the Director or designee to take place prior to formal EFP application
submittal. The pre - submittal conference shall be voluntary and at the applicant's sole option.
All requests for voluntary pre - submittal conferences shall be in writing, and he applicant shall be
required to sign an acknowledgment that participation in a voluntary pre - submittal conference
shall not trigger the application of the shot clock (timing deadline) under Section 6.10.075.E.6.
The procedures set forth in Rule 3.2.1 shall apply to the scheduling of a voluntary pre - submittal
conference, and shall include informal discussion that addresses whether or not the project
qualifies for approval as an eligible facility pursuant to Section 6409(a), all matters set forth in
Rule 3.2.1 and any other issues or concerns.
B. Application Appointments. All EFP applications must be submitted in
person to the City. The Director may require that EFP 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
Exhibit 1" - Page 24
Resolution 6894
City's website. Appointments shall be scheduled in accordance with the procedures set forth in
Rule 3.2.1.13 of these Rules.
C. Shot Clock; timeline for review. An EFP application shall be reviewed in
accordance with the shot clock (timeline for review) set forth in Section 6.10.075.E.
4.2.2 Application Submittal Requirements. An application for an EFP shall be made in
writing on such forms as the Director prescribes, and shall comply with the following minimum
requirements, in addition to all other information, materials and documentation determined to be
necessary by the Director 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
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, materials, documentation, pre-
' addressed mailing labels and envelopes, and fees specified in the City- approved application
form.
B. Penalty of Perjury. All EFP 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.
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 Eligible Facilities Request: An applicant who contends
that the proposed WCF constitutes an eligible facility under Section 6409(a) shall clearly
indicate in the application that the applicant is claiming eligible facilities status under Section
6409(a), in accordance with the City- approved form.
E. Section 6409(a) Justification Analysis. The application shall include a
written statement that explains in factual detail the basis for the applicant's claim that the
proposed facility is an eligible facility and whether and why Section 6409(a) and the related FCC
regulations at 47 C.F.R. Section 1.6100 et seq., or any successor regulation, require approval
for the specific proposed eligible facility. The applicant's written statement shall include the
following:
1. The applicable standard and all the facts that allow the City to
conclude the standard and qualification as an eligible facility has been met;
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2. An explanation and analysis setting forth whether and why the
support structure qualifies as an existing tower or existing base station; and
3. An explanation and analysis setting forth whether and why the
proposed collocation or modification does not cause a substantial change in height, width,
excavation, equipment cabinets, concealment or permit compliance.
F. 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 of construction in accordance
with the requirements established by the Director. The plans shall 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 output 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 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
eligible facility and any existing facility or facilities on the same support structure or site.
H. Site Plans. A fully- dimensioned site /landscaping plan that includes, at a
minimum, the following information: specific placement of the proposed tower, equipment
shelters, and any other WCF on the site; setbacks from adjacent property lines; the location of
existing structures, trees, and other significant site features identifying those features proposed
to be removed; the type and locations of plant materials proposed to screen antenna and other
components; the proposed materials and color(s) for the eligible facility, and all other
information required by the Director.
I. Photographs and Visual Analysis. Photographs of the eligible facility and
all antenna, equipment and components; accurate and scaled photo - simulations showing views
of the proposed eligible facility from surrounding residential properties and public rights -of -way
at varying distances and angles with a map indicating the locations used for the analysis and
their distances from the site.
J. Documentation of Federal and State Compliance. Copies of all
applicable licenses, permits and /or other approvals required by any federal, state, and /or local
agency with authority to regulate eligible facilities and documentation of compliance with all
conditions imposed in conjunction with such licenses, permits or approvals. The required
documentation shall include, but is expressly not limited to; the following:
1 Engineering calculations demonstrating that the proposed eligible
facility will comply with all applicable FCC rules, regulations, and /or specifications.
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Resolution 6894
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 RF engineer acceptable to the City that 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 exposure standards, exposure limits and
emission levels. The RF report must include the actual frequency and power levels (in watts
effective radio power "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.
K. Licenses, Permits and Other Approvals. 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.
L. Coastal Commission. A coastal development permit or exemption
therefrom.
M. Environmental Documentation. 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 provide the wireless telecommunications service for which the eligible facility is
proposed to be deployed in the PROW. Any applicant that, prior to 1996, provided
telecommunications service under administratively equivalent documentation issued by the
CPUC may submit copies of that documentation in lieu of a certificate of public convenience and
necessity.
O. Franchise or Agreement. If the applicant has been granted the right to
enter the PROW pursuant to state or federal law, or who have entered into a franchise or lease,
license or other agreement 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.
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.
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Resolution 6894
0. 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 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).
S. Utility
1. 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:
(a) 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;
5. A lighting study for the proposed collocation that meets the
Lighting Study Requirements established by the Director.
6. Any other documents required by SCE.
T. Wooden utility poles. For any proposed eligible facility on a wooden utility
pole subject to any pole attachment rules, including but not limited to the Southern California
Joint Pole Committee, any and all documents demonstrating that such pole is subject to those
rules, all applicable requirements, and the manner in which the proposed eligible facility
complies with the applicable pole attachment rules.
U. Exception. If the applicant requests an exception pursuant to Section
6.10.070.J, the applicant shall provide all information, studies and other documentation
necessary for the City to evaluate that request as part of the EFP application.
V. Any other additional information, studies and /or other documentation
determined necessary by the Director to determine whether the proposed facility qualifies as an
eligible facility under Section 6.10.075 and Section 6409(a).
4.2.3 Application Submittal and Processing. All applications for EFP approval shall be
subject to and comply with the requirements of Section6A0.075.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 of the form and content of
Exhibit "l " - Page 28
0
the notice, the applicant shall mail the approved
150 -foot radius of the proposed site or locatio n
accordance with the Department's instructions.
Resolution 6894
notice to all residents and businesses within a
and provide proof of service to the City, in
Rule 4.3 Desion, Aesthetic and Development Standards for Eligible Facilities. All
proposed eligible facilities in the PROW shall comply with the following design, aesthetic and
development standards unless the Director approves an exception pursuant to Subsection J:
Exceptions of Section 6.10.070.
4.3.1 Towers and Base Stations in the PROW. Towers and base stations proposed in
the PROW shall be designed so that they do not constitute a substantial change as defined in
Section 6.10.075.B(2) and (3) of the code.
4.3.2 Application of Federal and State Design, Aesthetic and Development 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 any 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 generally applicable building, structural, electrical
and safety codes, disability access statutes and regulations, and traffic codes and standards for
the proposed eligible facility and other conditions Imposed by the Director that are reasonably
related to health and safety.
Rule 4.5. Operation and Maintenance Standards. The permittee shall comply with all
operations and maintenance standards set forth in Section 6.10.070.0 and Rule 3.2.6.
CHAPTER 5 -- [RESERVED]
Rule 5.1 [Reserved]
CHAPTER 6 -- POLICIES, REGULATIONS AND FORMS
Rule 6.1 Director Responsibility.
6.1.1 Due to rapidly changing technology and regulatory requirements, pursuant to
Sections 6.10.070 and 6.10.075, the City Council authorizes the Public Works Director to
publish policies, rules, regulations and guidelines to serve as further regulatory guidance and
clarification, and to issue updates at the discretion of the Director to adjust for new technologies
and regulations, and compliance therewith is a condition of approval in every WCFP and EFP.
6.1.2 The Public Works Director is authorized to create all forms and notices required
in order to administer the Ordinances and these Rules. All forms and notices shall be construed
in a manner consistent with the Ordinance and these Rules, and the Governing Laws.
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.
Exhibit 1" - Page 29