Chapter 17.95
COMMUNICATIONS AND UTILITIES

17.95.010 Electric Distribution Substations

A.    Purpose and intent

It is the purpose of these regulations to provide standards for electric distribution substations that will ensure that such uses are compatible with the surrounding neighborhood by preventing adverse visual, health, safety, and other impacts on the surrounding properties and/or the community.

B.    Development standards

1.    Minimum lot or area size shall be as required by the underlying zone, but in no event less than five thousand (5,000) square feet.

2.    Front yard setback shall be as required by the underlying zone, but in no event less than five (5) feet.

3.    All buildings, structures and landscaping shall be compatible with the development of surrounding properties.

4.    Landscaping walls and other methods as appropriate shall be developed and maintained in all required setback areas and where required to provide adequate screening of interior development in conformance with this Ordinance and as required by the reviewing authority.

C.    Review process

Electric Distribution Substations shall be subject to Site Plan Review as required by Chapter 17.21 PMC where permitted by the zone district.

17.95.020 Satellite Dish Antennae

A.    Purpose and intent

It is the purpose of these regulations to provide standards for satellite dish antennae that will ensure that such uses are compatible with the surrounding neighborhood by preventing adverse health, safety, and other impacts on the surrounding properties and/or the community. Further, these regulations are intended to ensure that the installation, maintenance, or use of certain antennae used to receive video programming is not impaired. (Zoning Ordinance Amendment 97-3, adopted by City Council September 10, 1997.)

B.    Development standards for residential and agricultural zones

The installation of dish-type antennae may be permitted in all agricultural and residential zones in accordance with the following:

1.    Number. A maximum of one (1) dish-type satellite antenna shall be permitted per site, in addition to permitted vertical antennae.

2.    Size. The maximum diameter of the satellite dish antenna shall be twelve (12) feet;

3.    Height. The maximum height of the satellite dish antenna shall be fifteen (15) feet measured from the grade to the highest point of the antenna. Roof mounted installations are permitted only if the satellite dish is less than 40 inches in diameter and the dish is mounted so that it does not extend above the roofline and is not visible from any public or private street. (Zoning Ordinance Amendment 97-3, adopted by City Council September 10, 1997.)

4.    Setbacks. The following setbacks shall be required and shall be measured from the property line to the center of the satellite dish:

a.    Minimum rear yard setback shall be ten (10) feet;

b.    Minimum interior side yard setback shall be ten (10) feet;

c.    Minimum street side yard setback shall be fifteen (15) feet;

d.    No dish antenna shall be located within the front yard.

5.    Screening. Satellite dish antennae shall be screened from view from any public street.

C.    Development standards for commercial and industrial zones

The installation of dish-type satellite antennae may be permitted in all commercial and industrial zones in accordance with the following standards:

1.    Dish-type antennae shall not be located within a required front or street side landscape area.

2.    The proposed antenna shall be located, designed, and installed to minimize visibility from adjoining rights-of-way and properties.

3.    Display of antennae on trailers or at other temporary locations on the site will be considered open display of merchandise and shall require visual screening.

D.    Review process

An application for a satellite dish antenna shall be subject to the review and approval of the Planning Director and shall be approved if the application complies with the requirements contained in this Section.

E.    Variances

Notwithstanding the provisions of PMC 17.23.060, a variance from the provisions of this Section may be granted by the Planning Director if necessary to allow the applicant to attain reasonable reception.

17.95.030 Amateur Radio Antennae

(Zoning Ordinance Amendment 11-2, adopted by City Council September 7, 2011)

A.    Purpose and Intent

These regulations apply only to Amateur Radio Antennas in agricultural or residential zones or in residentially developed areas. Amateur Radio Antennas erected in Commercial, Industrial, Open Space or Public Facilities Zones, in locations not residentially developed, are subject to the standards set forth in PMC 17.95.040. Citizen Band radio antennas shall be regulated as Accessory Structures as provided in the underlying zone district.

The regulations adopted herein are the minimum practicable regulations necessary to accomplish the City’s legitimate purpose of protecting all of its citizens and their rights as described herein.

The purposes of this Section are:

1.    To establish an application process and standards for installation of antennas while preserving the attractive appearance of the community;

2.    To promote the public health, safety and welfare and the aesthetic effects, and is compatible with the surrounding neighborhood by preventing adverse visual, health, safety, and other impacts on the surrounding properties and/or the community; and

3.    To accommodate reasonably the needs of licensed amateur radio operators.

B.    Definitions

Amateur radio antenna shall mean any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. The term Amateur Radio Antenna is interchangeable with the term Ham Radio Antenna.

Antenna shall mean any system of wires, poles, rods, reflecting discs, or similar devised used for the transmission or reception of electromagnetic waves, including but not limited to both vertical and horizontal arrays.

Antenna structure shall mean the supporting mast, pole or tower of one or more antenna(s).

Antenna/antenna structure shall mean collectively the antenna and its supporting structure, if any.

Antenna/Antenna structure height shall mean the distance from the highest point of the antenna/antenna structure to the natural grade at the point the structure touches, or if extended, would touch the ground.

Compact horizontal antenna shall mean a horizontal antenna the longest dimension (boom or element) of which does not exceed ten (10) feet.

Horizontal antenna or horizontal array shall mean an antenna with horizontally oriented radiating element(s) and/or boom other than a compact horizontal antenna.

Nested position shall mean the position in which a retractable antenna/antenna structure is fully retracted.

Retractable antenna structure shall mean an antenna structure that is designed to be adjusted in height in order to be extended while the antenna is in use, but lowered in a retracted position when the antenna is not in use.

A Single Element wire antenna shall mean an antenna consisting of a single wire typically made of 14 or 12 gauge copper clad wire attached and suspended between supports.

Vertical antenna or Whip antenna shall mean an antenna that extends vertically, directly up from its base or structural support.

C.    Regulations Generally

1.    No amateur radio antenna or support thereof shall be erected, installed, placed or maintained upon any lot or upon any building or structure except in compliance with this Section.

2.    Any amateur radio antenna structure shall be reviewed for compliance with the standards set forth herein by the Director of Planning. The structure shall be constructed of metal, graphite composite or other durable construction material. No wood structures shall be permitted. The design will provide for the minimum footprint necessary for structural support, but in no case shall the structure footprint, excluding any concrete foundation, exceed four square feet. Any required building permits shall be acquired prior to construction, installation or modification of any antenna structure.

3.    Amateur radios shall be operated in compliance with Federal Communications Commission (FCC) standards including regulations pertaining to frequency interference.

4.    No signage shall be allowed on any antennas and/or antenna structure, except for requisite safety text and other labeling required by law.

5.    No portion of any antenna and/or antenna structure shall be allowed within any required setback area. Any directional antenna that could extend across a property line when rotated is prohibited.

6.    No more than one antenna structure shall be permitted on any lot or structure.

D.    Antennas Not Subject to Regulations

The following types of antennas may be installed without Planning Department approval:

1.    Antennas that are mounted directly on a transmitter or receiver, held or aimed by hand or mounted on a portable tripod or support, or a vehicle mounted antenna, are not subject to the regulations contained in this Section.

2.    A building-mounted fixed-height vertical whip antenna or compact horizontal antenna having a maximum height of not more than 10’ above the highest point of the primary structure roof.

3.    A ground-mounted fixed-height vertical or compact horizontal antenna having a maximum height of forty-five (45) feet above grade provided that the antenna is located in the rear yard and does not encroach into any required setback.

4.    Single-element wire antennas and their support lines attached to any combination of trees, existing permitted structures, or a single support pole that does not exceed 2-1/2 inches in diameter, provided that the antenna is located in the rear yard, does not encroach into any required setback, and the highest point of any support pole does not exceed a height of forty-five (45) feet above grade.

E.    Antennas Permitted Through Administrative Zoning Clearance

The following types of antenna/antenna structures may be installed with approval of an administrative zoning clearance, pursuant to the process and requirements set forth in PMC 17.26.030, by the City of Palmdale Planning Department.

The standards described below provide for the maximum size and mass of antenna structure permitted by this Section. The Director of Planning shall review any proposed antenna for the project’s compatibility with the surrounding neighborhood. Conditions, including but not limited to, lot size, and topographic conditions which may camouflage the antenna from surrounding properties may dictate approval of a shorter antenna/antenna structure and/or elimination or reduction of the width of any horizontal antenna.

Application for an administrative zoning clearance shall be on the forms provided by the Planning Department, and shall include the information listed in PMC 17.26.110(D) and any required fees as established by the City Council.

1.    Antenna installations intended for use by the City of Palmdale or another governmental agency.

2.    A retractable antenna/antenna structure that meets all of the following characteristics:

a.    The antenna/antenna structure is located on a lot of at least one acre in size;

b.    The antenna/antenna structure does not exceed a maximum height of 45 feet when measured in the nested position;

c.    The antenna/antenna structure does not exceed 75 feet when in operation;

d.    The antenna is a Compact horizontal antenna and does not extend into any required setback;

e.    The antenna/antenna structure is located in the rear yard; and

f.    The antenna is colored to minimize its reflectivity and blend with its surroundings as much as possible.

F.    Antennas Requiring an Amateur Radio Antenna Permit

The following types of antennas may be installed with approval of an Amateur Radio Antenna permit, pursuant to the process and standards set forth in PMC 17.26.110. Application for an Amateur Radio Antenna Permit shall be on the forms provided by the Planning Department, and shall include the information listed in PMC 17.26.110(D) and any required fees as established by the City Council.

The standards described below provide for the maximum size and mass of antenna structure permitted by this Section. The Director of Planning shall review any proposed antenna for the project’s compatibility with the surrounding neighborhood. Conditions, including but not limited to, lot size, and topographic conditions which may help to camouflage the antenna from surrounding properties may dictate approval of a shorter antenna/antenna structure and/or elimination or reduction of the width of any horizontal antenna.

1.    A fixed height antenna/antenna structure that is installed, placed, or maintained at a height that does not exceed 45 feet in height and may include a horizontal antenna that does not exceed a 35-foot turning radius.

2.    A retractable antenna/antenna structure that meets all of the following characteristics:

a.    The antenna/antenna structure shall not exceed a maximum height of 45 feet when measured in the nested position;

b.    The antenna/antenna structure does not exceed 75 feet in height when in operation;

c.    The horizontal antenna does not exceed a 35-foot turning radius and shall not extend into any required setback;

3.    All antennas approved under an Amateur Radio Antenna Permit shall be located within the rear yard and shall be colored to minimize its reflectivity and blend with its surroundings as much as possible.

Findings for Approval of an Amateur Radio Antenna Permit are set forth in PMC 17.26.110(G).

G.    Antennas Requiring a Conditional Use Permit.

Any installation of an antenna that is not otherwise allowed by subsection E or F of this Section shall require a Conditional Use Permit approved by the Planning Commission pursuant to Chapter 17.22 PMC. Application for a Conditional Use Permit shall be on the forms provided by the Planning Department and shall include the information listed in PMC 17.22.030, and such additional information as requested by the Director of Planning and for amateur radio antennas shall also include the following:

1.    The name, address and call letters of the amateur radio operator;

2.    Manufacturer’s specifications of the antenna structure (if available);

3.    Visual representation to scale of the antenna structure and array, either through manufacturer’s specifications, or through the preparation of project specific elevations drawn to scale and dimensioned so as to fully describe the proposed project.

4.    Information explaining the need for the proposed antenna (for example, if an antenna of a certain size is needed to communicate with a particular location).

5.    Additional findings for approval for antennas requiring an Amateur Radio Antenna Permit or a Conditional Use Permit.

In addition to the findings required for approval of a Conditional Use Permit pursuant to Chapter 17.22 PMC, the Planning Commission shall make the following findings prior to approval of a Conditional Use Permit for an antenna and/or antenna structure:

a.    That the applicant has demonstrated that strict compliance with the requirements for establishment and operation of an Amateur Radio Antenna as specified in PMC 17.26.110(E) would unreasonably interfere with the applicant’s ability to receive or transmit signals, or that strict compliance with said requirements is not, under the circumstances of the particular case, necessary to satisfy the purpose and intent of this Section.

b.    That the antenna, including the antenna structure, shall be located, sized and designed so as to minimize the amount of the antenna that is visible from surrounding properties, public streets and all public rights-of way, recognizing that complete screening may not be possible.

c.    That there is adequate space on the property for the antenna and antenna structure without conflicting with buildings on the property or encroaching into required setback areas.

d.    The antenna would not despoil the primary view of a neighbor.

e.    The antenna/antenna structure is compatible with the surrounding neighborhood with respect to, including but not limited to, scale and massing in comparison to lot size, impact on adjacent properties, and aesthetic impacts.

f.    The permit and any conditions of approval attached thereto would accommodate reasonably the amateur radio operator’s desire for communication, while at the same time requiring the minimum practicable regulation to accomplish the City’s legitimate purpose of protecting the public health, safety, welfare, aesthetics and compatibility with the neighborhood.

In granting the permit, the approving authority may impose conditions reasonably necessary to accomplish the purpose of this Section, provided those conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals from or to the intended location.

In evaluating the required findings for Conditional Use Permits under PMC 17.22.050(B), in recognition that amateur radio operations provide an important public service, particularly in times of emergency, it shall be presumed that such operations are beneficial and desirous to the community.

H.    Modifications

Any permit or zoning clearance for an amateur radio antenna shall include a condition that the permittee shall report any changes to the antenna and/or antenna structure from that authorized by the permit and shall if necessary obtain a modification to the permit. A modification may be required, for example, if the antenna/antenna structure height will be increased above the height previously approved, the construction design or materials will change, or additional antennas are added to the antenna/antenna structure previously approved. Any change to the antenna and/or antenna structure authorized by a zoning clearance shall be reviewed and approved through submittal of a new zoning clearance application. Any change to the antenna and/or antenna structure authorized by an Amateur Radio Antenna Permit shall be reviewed and approved as set forth in PMC 17.26.110(H). Any change to the antenna and/or antenna structure authorized by a Conditional Use Permit shall be reviewed and approved through the process set forth in PMC 17.22.060.

I.    Time Limit

Any antenna, whether permitted by approval of a zoning clearance, Amateur Radio Antenna Permit or Conditional Use Permit, shall be developed and utilized within a period not to exceed twelve (12) months from and after the date of the granting of such approval, and, if not so developed and utilized, such approval automatically shall become null and void at the expiration of such twelve (12) month period.

J.    Building Permit

When required by the Palmdale Building Code, building permits shall be obtained for the installation of any antenna/antenna structure. The Building Official shall determine that the antenna is in compliance with all applicable sections of the Palmdale Building Code and any local regulations prior to issuance of the building permit.

17.95.040 Communication Facilities

A.    Purpose and Intent

It is the purpose of these regulations to encourage and facilitate a wide variety of communication services and providers to serve businesses and citizens within the City of Palmdale. The City of Palmdale desires to avoid adverse health or aesthetic impacts on the community resulting from the unregulated proliferation of communication facilities throughout the City, and to ensure for the protection of the general health, safety, and welfare of the community and the integrity of public rights-of-way and assets. This ordinance is adopted to set forth the goals and policies of the City of Palmdale that will be used to regulate the permitting, installation, and operation of commercial communications services and facilities within the City. This ordinance is not intended to apply to satellite dish antennae which are regulated in PMC 17.95.020, or to vertical antennae which are regulated in PMC 17.95.030.

B.    Permits Required

1.    Communication facilities are subject to permit review in all residential, commercial, industrial, and special zones according to the following:

Zone

Minor Facility

Major Facility

A-1

Administrative Approval*

Not Permitted

R-1

Administrative Approval*

Not Permitted

R-2

Administrative Approval*

Not Permitted

R-3

Administrative Approval*

Not Permitted

C-1

Administrative Approval*

Not Permitted

C-2

Administrative Approval*

Not Permitted

C-3

Administrative Approval*

Permitted with CUP Approval

C-4

Administrative Approval*

Permitted with CUP Approval

C-5

Administrative Approval*

Permitted with CUP Approval

M-1

Administrative Approval*

Permitted with CUP Approval

M-2

Administrative Approval*

Permitted with CUP Approval

M-3

Administrative Approval*

Permitted with CUP Approval

M-4

Administrative Approval*

Permitted with CUP Approval

PF

Administrative Approval*

Permitted with CUP Approval

QR

Administrative Approval*

Permitted with CUP Approval

OR

Administrative Approval*

Permitted with CUP Approval

C-D

Administrative Approval*

Permitted with CUP Approval

*    Administrative Approval may be given through approval of a Minor Modification or Minor Plot Plan review, depending on the proposal.

C.    Supplemental Information

1.    Permit applications for all communication facilities shall be accompanied by the following supplemental materials, unless waived by the Director of Planning:

a.    A Preliminary Report that quantifies the project’s electromagnetic frequency (EMF) radiation exposures and power levels, and compares them with adopted standards.

b.    A plan for the on-going security and inspection of the facility as applicable, which may include but not be limited to provisions for fencing, anti-climbing devices, elevated ladders on towers, and monitoring, to prevent unauthorized access and vandalism.

c.    An alternative site analysis to mitigate visual, land use, or environmental impacts, if required.

d.    A facilities propagation map to ensure that maximum utilization and efficient use of limited communications sites will be achieved. Such a map shall be at a scale no smaller than 1" = .5 miles and shall include the corporate boundaries of the City and the City’s Sphere of Influence.

e.    For a proposed facility within the area affected by the Ari Installation Compatible Use Zone (AICUZ), a report demonstrating compliance with Joint Land Use Committee Policies, including siting and electronic signal interference considerations, and compliance with FAA Regulation 77 (Height and Obstruction Criteria).

D.    Development Standards

In addition to compliance with all other applicable statutes, ordinance, regulations, and policies, the following regulations shall apply to all communication facilities as permitted in PMC 17.95.040(B):

1.    Setbacks

a.    Setbacks shall be those specified for buildings within the respective zone district.

b.    Antenna structures or towers shall not be permitted to be placed in any front yard or street side yard.

c.    Antenna structures shall be located no less than 40 feet from any property zoned or legally used for residential use, unless such location is required for the proper operation of the system, based on the evidence and conclusions of a technical analysis supporting such precise placement.

d.    For antenna structures exceeding 160 feet in height, fall zones may not cross places of public assembly, such as churches or schools.

e.    Antenna structures exceeding 250 feet in height shall be required to have fall zones established that encompass a circular area from the base of the tower whose radius exceeds the height of the tower.

f.    A major facility shall be located at least seven hundred and fifty (750) feet from the nearest existing, legally established major facility (except in the event that such a facility is co-located with another facility.

2.    Height

a.    The maximum height shall be that as specified for structures within the respective zone district. Heights not to exceed twenty feet in excess of the zone district height limit may be approved through CUP approval. Additional height may be granted if the approving authority determines that:

(i)    No feasible alternate location or design is possible;

(ii)    That the increase in height is for community benefit; and

(iii)    That there are circumstances that do not allow the antenna to meet the height standards for the respective zone district.

3.    Landscaping

a.    Residential, Commercial, Industrial, Public Facilities zones – communication facilities shall contain landscape screening around the base of the antenna structure and any accessory structure. Landscaping shall consist of a combination of vines, ground cover, and trees of a minimum of 24-inch box size container at the time of planting.

b.    Agriculture, Open Space, Quarry, and Reclamation zones – Local native vegetation and/or drought tolerant imported stocks shall be used to achieve adequate screening of antenna structures and accessory buildings. Clearing of the site shall be limited to only that amount necessary to comply with fire department requirements.

4.    Fencing

Communication facilities shall be screened and enclosed by use of the following materials:

a.    Where visible from freeways, arterial streets, or a less intensive land use district, wrought iron, decorative masonry block, or similar decorative materials or combination thereof shall be used.

b.    Where a communication facility site is adjacent to a residentially zoned district or legally in use for a residential purpose, a solid decorative block wall, a minimum six feet in height, shall be placed between the facility and the adjacent residential property.

5.    Design Standards

All Communication facilities shall be reviewed for applicable General Plan and Zoning Ordinance compliance, including but not limited to the following:

a.    A facility shall not create or increase non-conformances to the site, such as a reduction of required parking, landscaping, trash enclosures, loading zones, or other required site features.

b.    A facility shall conform to any specific plan, area plan, comprehensive development plan, or other applicable development guidelines.

c.    The height and mass of communication facilities should be the minimum necessary for the applicant’s activity, commensurate with technical, safety, and visual considerations.

d.    Structures shall be located below or integral with the skyline wherever possible.

e.    Facilities that rise above the horizon line shall be painted in non-reflective blue or gray or other colors to blend with the surrounding environment as required by the reviewing authority.

f.    Microwave antennas shall be constructed of open mesh materials as opposed to solid materials.

g.    Antenna structures shall be finished in a neutral color to blend in with the immediate surroundings. Antennas mounted on buildings shall be of a color and finish that matches that of the building and shall be screened by radio frequency (RF) transparent materials that match the color and finish of the building.

h.    Highly reflective surfaces conducive to glare will not be permitted.

i.    No form of advertising or identification will be permitted on the dish or supporting structure other than a manufacturer’s identification tag.

j.    The display of any sign or other graphics on an antenna or support structure is prohibited except for public warning signs, which signs must be placed no higher than eight feet above the base of the antenna.

k.    Antennae and transmitter equipment on roof tops and projecting from walls shall be screened from view unless made an integral part of the design of the building. All antennae and architectural screening shall, to the extent possible, be compatible and integrated with the existing structure. The antenna and equipment building shall be located as far from the edge of the building as possible while still maintaining system performance.

6.    Construction Standards

All communication facilities shall be reviewed for structural engineering, building, electrical, and fire code compliance, and other applicable construction standards. In addition, communication facilities shall comply with the following:

a.    Antennas and structures shall be designed and constructed to achieve all lateral load requirements contained in the Uniform Building Code (UBC).

b.    Any metallic support structures shall be bonded to a grounding rod.

c.    All wires, cables, and utility lines shall be placed underground, except cables attached flush to the surface of a building or to the structure of the antenna. All underground wires and utility lines shall follow the path of least damage.

d.    Equipment shall meet all manufacturer’s specifications and all antennas and screens shall have an outer finish with fire-resistive and corrosive-resistant material.

7.    Conformance with Chapter 12.04 PMC, Underground Utilities.

All communication facilities that are the subject of this Section, are determined to have the definition of “utility” as it is defined by PMC 12.04.010(E), and shall be subject to the provisions of Chapter 12.04 PMC, pertaining to underground utilities and encroachment into public rights-of-way.

E.    Operational Requirements

1.    Time Limits

The duration of the approval period for a major facility or a minor facility shall be ten (10) years. An extension of the approval of the permit may be granted by the reviewing authority. New conditions of approval may also be applied to an approval for extension, as may be deemed necessary based upon changing conditions or development in the surrounding area.

2.    Subsequent EMF Report – A subsequent report shall be submitted within six (6) months that quantifies cumulative field measurements of electromagnetic frequency (EMF) radiation power densities and exposures from all antennas installed at or near the subject site. The report shall contain an comparison of the measured results within applicable FCC standards. Failure to prepare and submit the subsequent report by the applicant, or the determination of the City that the project does not meet applicable FCC standards, may constitute grounds for revocation of the use permit.

3.    Permittees may be required to post a bond or other suitable security as a condition of the use permit to guarantee removal of discontinued, or abandoned facilities, and repair of damage to sites, including revegetation.

4.    Discontinued Use

The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Director of Planning in writing in the event that use of the facility is discontinued for any reason. In the event that the discontinued use is permanent, the owner(s) and/or operator(s) shall promptly remove the facility, and repair any damage to the premises caused by such removal. All such removal, and repair shall be completed within ninety (90) days after the sue is discontinued, and shall be performed in accordance with all applicable zoning and health and safety and codes requirements. For purposes of this subsection, a discontinued uses shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three-month period.

5.    Abandonment

Antennas, towers, and accessory structures that have been determined to be inoperative or abandoned for a period of six (6) months shall be removed, unless a new application to re-establish two uses are filed with the City.

6.    Removal by City

The City may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as in appropriate to be in compliance with applicable code at any time: 1) after thirty (30) days following the notice of abandonment, or 2) following a notice of decision by the Director of Planning, subject to the owner/operator’s right of appeal under the City of Palmdale Municipal Code. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

7.    Penalties

The operator of the facility, and the owner(s) of the premises upon which it is located shall be in violation of this Section for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to the City of Palmdale Municipal Code.

8.    City Lien on Property

Until the cost of removal, repair, restoration, and storage is paid in full, a lien shall be placed on the abandoned personal property and any real property on which the facility was located, for the full amount of the cost of removal, repair, restoration, and storage. The Director of Planning shall cause the lien to be recorded in the County of Los Angeles Recorder’s Office.

Division 95.05 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY

17.95.05.010 Purpose

The purpose and intent of this Chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the City’s public right-of-way. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This Chapter provides standards necessary (A) for the preservation of the public right-of-way in the City for the maximum benefit and use of the public, (B) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan, and (C) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules and regulations. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.020 Definitions

Accessory equipment means any equipment associated with the installation of a communication facility, including but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

Antenna means that part of a communication facility designed to radiate or receive radio frequency signals.

Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

Code means the Palmdale Municipal Code.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signal for communication purposes.

Communication facility, facility or facilities or wireless telecommunications facilities means any facility or facilities that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development.

Exceptions. The term “communication facility” does not apply to the following:

1.    Government owned and operated telecommunications facilities.

2.    Emergency medical care provider owned and operated telecommunications facilities.

3.    Mobile services providing public information coverage of news events of a temporary nature.

4.    Any wireless telecommunications facilities exempted from this Code by Federal law or State law.

COW means a “cell on wheels,” which is a communication facility temporarily rolled in or temporarily installed.

Director means the Director of Economic and Community Development, or his or her designee, unless the entire application is for a purely ministerial approval, in which case “Director” means the Director of Public Works or his or her designee.

Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

Ground-mounted means mounted to a telecommunications tower.

Located within the public right-of-way includes any facility which, in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way.

Modification means a change to an existing communication facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. “Modification” does not include repair, replacement or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation.

Monopole means a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, monoeucalyptus, monocactus, and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower).

Mounted means attached or supported.

Pole means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

Public right-of-way shall have the same meaning as set forth in PMC 17.16.160 as it may be amended from time to time. As of the effective date of this Chapter, PMC 17.16.160 defined “public right-of-way” as follows: “Public Right-of-Way shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway, or other public use.”

Sensitive uses means any residential use, public or private school, day care, playground, and retirement facility.

Telecommunications tower means a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support communication facility antennas.

Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

Wireless telecommunications services means the provision of services using a communication facility or a wireless telecommunications collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.030 Applicability

A.    Applicability. This Chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way as follows:

1.    All facilities for which applications were not approved prior to May 4, 2017, shall be subject to and comply with all provisions of this Chapter.

2.    All facilities for which applications were approved by the City prior to May 4, 2017, shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any communication facility that was lawfully constructed prior to May 4, 2017, that does not comply with the standards, regulations and/or requirements of this Chapter shall be deemed a nonconforming use.

3.    All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this Chapter governing the operation and maintenance (PMC 17.95.05.130, Operation and Maintenance Standards), cessation of use and abandonment (PMC 17.95.05.170, Cessation of Use or Abandonment), removal and restoration (PMC 17.95.05.180, Removal and Restoration – Permit Expiration, Revocation or Abandonment) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (PMC 17.95.05.150, No Dangerous Condition or Obstructions Allowed); provided, however, that if a condition of approval conflicts with a provision of this Chapter, the condition of approval shall control until the permit is amended or revoked.

B.    Exclusions. This Chapter does not apply to the following:

1.    Amateur radio facilities;

2.    Over the air reception devices (“OTARD”) antennas;

3.    Facilities owned and operated by the City for its use;

4.    Any entity legally entitled to an exemption pursuant to State or Federal law or City-issued franchise agreement. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.040 Communication Facility Permit Requirements (Discretionary and Ministerial)

A.    General Rule – Major Wireless Telecommunications Facilities Permit Required. All new wireless facilities or collocations or modifications to existing wireless facilities shall require a major wireless telecommunications facilities permit subject to Planning Commission approval unless otherwise provided for in this Chapter.

B.    Discretionary Administrative Wireless Telecommunications Facilities Permit.

1.    Discretionary Permit. The Director may issue a discretionary administrative wireless telecommunications facilities permit for new facilities or collocations or modifications to existing facilities that meet all the following criteria:

a.    The proposal is not located in any location identified in PMC 17.95.05.200, Location Restrictions; and

b.    The proposal complies with all applicable provisions in this Chapter without need for an exception pursuant to PMC 17.95.05.190, Exceptions.

2.    Referral to Commission. The Director may, in the Director’s discretion, refer any application for a discretionary administrative wireless telecommunications facilities permit to the Planning Commission for approval, which approval shall be granted if the commission makes the findings required in PMC 17.95.05.090.

C.    Ministerial Wireless Telecommunications Facilities Permit. Notwithstanding PMC 17.95.05.220, State or Federal Law – Ministerial Requirements, the Director shall approve a ministerial wireless telecommunications permit if all of the following apply:

1.    The facility will comply with all applicable laws including, but not limited to:

a.    The Americans with Disabilities Act;

b.    All building and safety requirements, including those within the California Building Standards Code, as amended by the City of Palmdale;

c.    All requirements of the Federal Communications Commission (FCC), including requirements relating to radio-frequency (RF) emissions and limits on interference.

2.    The proposed facility will be installed on either:

a.    An existing pole that meets all of the following requirements:

i.    The pole does not support a traffic control device (examples include stop signs and traffic signals);

ii.    The facility will match the design of the pole; and

iii.    If feasible, all equipment installed on the pole will be the same color as the pole; or

b.    A new light pole that meets all of the following requirements:

i.    The pole meets the City’s design requirements for its own light poles;

ii.    The pole is at least ninety (90) feet away from any existing light pole; and

iii.    Unless requested otherwise by the City in writing, the light on the pole will be illuminated, operated, and maintained consistent with the operation of the other light poles in the City, and the full costs of illumination shall be fully borne by the applicant.

3.    The applicant has provided technical data clearly demonstrating that there is a significant gap in the applicant’s coverage and the facilities proposed are needed to fill that gap.

4.    The City has issued all required encroachment permits and entered into any required franchise agreement(s).

5.    All accessory equipment is housed in a container which is either (a) attached to the pole such that it does not protrude from the pole by more than four (4) inches; is attached more than ten (10) feet above the ground; and is camouflaged to the extent feasible; or (b) installed underground.

6.    Antennas must be:

a.    Mounted symmetrically on top of the pole;

b.    No more than four (4) inches wider in diameter than the existing pole;

c.    The same color as the pole; and

d.    The same shape as the pole (which shape is typically cylindrical).

D.    Master Deployment Plan Permit.

1.    Notwithstanding any other provision of the Municipal Code to the contrary, any applicant that seeks approval for five (5) or more wireless telecommunications facilities in the right-of-way (including new facilities and collocations to existing facilities) may elect to submit an application for a master deployment plan permit subject to Planning Commission approval. Any master deployment plan shall expire thirty-six (36) months after the effective date of the approval unless the Planning Commission establishes a shorter time period. The proposed facilities in a master deployment plan shall be reviewed together at the same time and shall be otherwise subject to the same requirements and procedures applicable to a major communication facility permit. Only facilities in the right-of-way may be covered by a master deployment plan.

2.    A master deployment plan permit shall be deemed an approval for all wireless telecommunications facilities within the plan; provided, however, that an individual encroachment permit shall be required for each communication facility built pursuant to the plan.

3.    Each facility proposed to be constructed pursuant to a master deployment plan permit shall be built in strict compliance with the approved plan. Any deviations or alterations from the approved master deployment plan for an individual communication facility shall be considered as though no master deployment plan permit had been issued and shall require either a major wireless telecommunications facilities permit or an administrative wireless telecommunications facilities permit, as applicable.

4.    An applicant that proposes to amend a master deployment plan permit shall apply to the City and follow the same procedures as would otherwise be required to obtain a new master deployment plan permit.

E.    Other Permits Required. In addition to any permit that may be required under this Chapter, the applicant must obtain all other required prior permits or other approvals from other City departments, or State or Federal agencies. Any permit granted under this Chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other City departments, State or Federal agencies.

F.    Eligible Applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to State or Federal law, or who have entered into a franchise agreement with the City permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a communication facility or a communication collocation facility in the public right-of-way.

G.    Speculative Equipment Prohibited. The City finds that the practice of “pre-approving” wireless equipment or other improvements that the applicant does not presently intend to install but may wish to install at some undetermined future time does not serve the public’s best interest. The City shall not approve any equipment or other improvements in connection with a communication facility permit when the applicant does not actually and presently intend to install such equipment or construct such improvements. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.050 Application for Communication Facility Permit

A.    Application.

1.    In addition to the information required of an applicant for an encroachment permit or any other permit required by this Code, each applicant requesting approval of the installation or modification of a communication facility in the public right-of-way shall fully and completely submit to the City a written application on a form prepared by the Director.

2.    No applicant seeking to install wireless antennas shall seek an encroachment permit for fiber or coaxial cable only. Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the right-of-way.

B.    Application Contents – All Permits. The Director shall develop an application form and make it available to applicants upon request. The supplemental application form for any new communication facility installation in the public right-of-way (regardless of whether it is ministerial or discretionary) shall require the following information, in addition to any information required by subsection C of this Section (for discretionary permits) and all other information determined necessary by the Director:

1.    Contact Information. The name, address, email address, and telephone number of the applicant, owner and the operator of the proposed facility, and the date the application was received by the City.

2.    Written Authorization. If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner’s property.

3.    Engineering Plans. Detailed engineering plans of the proposed facility and related report prepared by a professional engineer registered in the State documenting the following:

a.    Height, diameter and design of the facility, including 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 be the least visible equipment within the particular technology the carrier chooses to deploy. A layout plan, section and elevation of the tower structure shall be included.

b.    A photograph and model name and number of each piece of equipment included.

c.    Power output and operating frequency for the proposed antenna.

d.    Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges which can be accommodated.

e.    Sufficient evidence of the structural integrity of the pole or other supporting structure as required by the City.

4.    Justification for Facility. A justification study which includes the rationale for selecting the proposed use; if applicable, a detailed explanation of the coverage gap that the proposed use would serve; and how the proposed use is the least intrusive means for the applicant to provide wireless service. Said study shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed facility and why said alternatives are not a viable option.

5.    Environmental. A completed environmental assessment application.

6.    Request for Exception. If the applicant requests an exception to the requirements of this Chapter (in accordance with PMC 17.95.05.190, Exceptions), the applicant shall provide all information and studies necessary for the City to evaluate that request.

7.    Proof of RF Emission Compliance. For a 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 facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable Federal RF exposure standards and exposure limits. 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.

8.    FAA Documents. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility.

9.    Fee. An application fee, and a deposit for a consultant’s review as set forth in subsection F of this Section in an amount set by resolution by the City Council and in accordance with applicable law (e.g., California Government Code Section 50030).

10.    RF Exposure Checklist. 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,” as it may be amended from time to time, to determine whether the facility will be “categorically excluded” as that term is used by the FCC.

11.    Site Plans. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with PMC 17.95.05.080, Requirements for Facilities within the Public Right-of-Way.

12.    Traffic Control. If an encroachment permit is required, then the encroachment permit procedures shall control whether (or not) a traffic control plan is required. If no encroachment permit is required, then a traffic control plan is required if either (a) the proposed installation is on any street in a nonresidential zone or (b) the applicant seeks to use large equipment (e.g., crane) and the Director decides to require a traffic control plan.

13.    Other Information. Any other information and/or studies determined necessary by the Director may be required.

C.    Additional Application Contents – Discretionary Permits. In addition to providing all materials required in subsection B of this Section, applications for discretionary permits shall also provide the following:

1.    Owner Authorization. If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services.

2.    Written Description. A full written description of the proposed facility and its purpose.

3.    Mock-Up and Sign. Proof that a temporary mock-up of the facility and sign have been installed at the proposed location for a period of at least thirty (30) calendar days which facility roughly replicates for the public the proposed height and bulk of the proposed structure. If the Director finds the applicant’s cost of complying with this requirement would greatly outweigh the value of such compliance, then the Director may waive the requirement that the applicant install the mock-up (but not the installation of the sign, which still requires an encroachment permit).

a.    Applicant shall obtain an encroachment permit before installing a temporary mock-up and a sign, and must remove the temporary mock-up and sign within five (5) calendar days of receiving a written notice to remove from the Director.

b.    The mock-up and sign shall demonstrate the height and mass of the facility, including all interconnecting cables. The applicant shall not be entitled to install the facility it intends to install permanently. The mock-up may consist of story poles or the like.

c.    The mock-up shall be accompanied by a sign that displays photo simulations depicting before and after images, including any accessory equipment cabinet, and the telephone number of the Public Works Department.

d.    The applicant shall be required to follow any other City practices or processes relevant to the installation of a mock-up and sign as may be provided in a publicly accessible form or document.

e.    After installation of the mock-up, the applicant shall certify that the mock-up accurately represents the height and width of the proposed installation and has been installed consistent with this Code.

4.    Elevations. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and screening.

5.    Noise Study. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed communication facility will comply with this Code including PMC 17.95.05.080(A)(16)(b). The Director may waive the requirement for a noise study if the Director finds the cost of creating the study would greatly outweigh the value of receipt of such study.

6.    Propagation Maps. A written description identifying the geographic service area for the subject installation including geographic and propagation maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the City by each of the applicant, operator, and owner, if different entities, as well as the estimated number of potentially affected uses in the geographic service area. Regardless of whether a master deployment plan permit is sought, the applicant shall depict all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two (2) years of submittal of the application. Longer range conceptual plans for a period of five (5) years shall also be provided, if available.

a.    In the event the applicant seeks to install a communication facility to address service coverage concerns, full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

b.    If applicant seeks to address service capacity concerns, a written explanation identifying the existing facilities with service capacity issues together with competent evidence to demonstrate the inability of those facilities to meet capacity demands.

7.    CPCN. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

8.    Visual Depiction. Accurate visual impact analysis showing the maximum silhouette, color and finish palette and proposed screening for the facility, including scaled photo simulations from at least three (3) different angles.

9.    Landscape Plan. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

D.    Application Contents – Modification of Existing Facility. The content of the application form for a modification to an existing facility shall be determined by the Director, and shall include but not be limited to the requirements listed in subsections B and C of this Section unless prohibited by State or Federal law.

E.    Effect of State or Federal Law Change. If a subsequent State or Federal law prohibits the collection of any information required by subsection B or C of this Section, the Director is authorized to omit, modify or add to that request from the City’s application form with the written approval of the City Attorney, which approval shall be a public record.

F.    Independent Expert. The Director is authorized to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a communication facility. The review is intended to be a review of technical aspects of the proposed communication facility and shall address any or all of the following:

1.    Compliance with applicable radio frequency emission standards;

2.    Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

3.    The accuracy and completeness of submissions;

4.    Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

5.    The applicability of analysis techniques and methodologies;

6.    The validity of conclusions reached or claims made by applicant;

7.    The viability of alternative sites and alternative designs; and

8.    Any other specific technical issues identified by the consultant or designated by the City.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. No permit shall be issued to any applicant which has not fully reimbursed the City for the consultant’s cost. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.060 Review Procedure

A.    Pre-submittal Conference. Prior to application submittal, the City strongly encourages all applicants to schedule and attend a pre-submittal conference with Public Works Department staff to receive informal feedback on the proposed location, design and application materials. The pre-submittal conference is intended to identify potential concerns and streamline the formal application review process after submittal. Public Works Department staff will endeavor to provide applicants with an appointment within approximately five (5) business days after receipt of a written request.

B.    Application Submittal Appointment. All applications must be submitted to the City at a pre-scheduled appointment. Applicants may submit one (1) application per appointment but may schedule successive appointments for multiple applications whenever feasible as determined by the City. City staff will endeavor to provide applicants with an appointment within five (5) business days after receipt of a written request.

C.    Notice and Decisions. The provisions in this Section describe the procedures for approval and any required notice and public hearings for an application.

1.    When Hearings Required.

a.    Discretionary Decisions. Any permit application under this Chapter subject to Planning Commission or the Director’s discretionary approval requires notice and a public hearing in accordance with PMC 17.20.020, Notification Procedures.

b.    Ministerial Decisions. The Director may approve or conditionally approve an application for a ministerial application without a public hearing and without issuing prior notice of the decision. For denials see subsection (C)(3) of this Section.

2.    Notice of Decisions.

a.    Planning Commission Decision of Approval. The Planning Commission may approve, or conditionally approve, an application only after the commission makes the findings required in PMC 17.95.05.090, Findings for Discretionary Permits.

b.    Administrative Approvals. The Director may approve, or conditionally approve, an application only after it makes the findings required in PMC 17.95.05.090, Findings for Discretionary Permits. Within five (5) days after the Director approves an application under this Chapter, the Director is directed to place notice of the decision in the U.S. mail, consistent with PMC 17.20.090(C), Effective Date of Land Use Decisions.

3.    Denials.

a.    All final decisions made pursuant to this Chapter shall be in writing and based on substantial evidence in the written administrative record. The written decision shall include the reasons for the decision.

b.    Administrative Denials. If the Director determines that any application submitted for a ministerial or discretionary administrative wireless telecommunications facilities permit does not meet code requirements, the Director shall notify the applicant of said finding in writing, and the application shall be denied effective on the date of issuance of said notice, unless, within ten (10) days of the issuance of the written notice, the applicant requests the application be converted to an application for a major wireless facilities permit application. The Planning Commission shall thereafter hear the application only after a complete application for the major wireless permit has been submitted.

4.    Notice of Shot Clock Expiration.

a.    Notification by Applicant. The City acknowledges there are Federal and State shot clocks which may be applicable to a proposed communication facility. That is, Federal and State law provides time periods in which the City must approve or deny a proposed communication facility. As such, the applicant is required to provide the City written notice of the expiration of any shot clock, which the applicant shall ensure is received by the City (e.g., overnight mail) no later than twenty (20) days prior to the expiration, and until the applicant has provided such notice, the City shall be entitled to conclude that the applicant has consented to the delay, and that the delay is reasonable.

b.    Tolling Agreements. The Director is authorized to enter into an agreement to toll the relevant shot clock requirements, if the form of the agreement meets the approval of the City Attorney.

D.    Appeals. Any aggrieved person or entity may appeal a decision by the Director or the Planning Commission as provided in accordance with the provisions in PMC 17.20.010 et seq. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.070 Reserved

(Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.080 Requirements for Facilities within the Public Right-of-Way

A.    Design and Development Standards. All wireless telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

1.    General Guidelines.

a.    The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities to ensure that the facility is as visually screened as feasible, to prevent the facility from dominating the surroundings.

b.    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 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.

c.    To the extent feasible, facilities shall be located such that views from a residential structure are not significantly impaired.

2.    Reserved.

3.    Traffic Safety. All facilities shall be designed and located in such a manner to avoid adverse impacts on traffic safety. Among other things, when determining traffic safety impacts, the City will consider the views of the Manual for Uniform Traffic Control Devices (MUTCD) and whether the proposed installation location is high enough and far enough away from the street to minimize the risk of high profile vehicles colliding with the installation.

4.    Blending Methods. All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

5.    Equipment. The applicant shall use the least visible equipment possible. Antenna elements shall be flush-mounted, to the extent 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 Section, antennas shall be situated as close to the ground as possible.

6.    Poles.

a.    Facilities shall be located consistent with PMC 17.95.05.200, Location Restrictions, unless an exception pursuant to PMC 17.95.05.190, Exceptions, is granted.

b.    Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited. (For exceptions see subsection (A)(6)(h) of this Section and PMC 17.95.05.190, Exceptions, and 17.95.05.220, State or Federal Law – Ministerial Requirements.)

c.    Utility Poles. The maximum height of any antenna shall not exceed forty-eight (48) inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than twenty (20) feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.

d.    Light Poles. The maximum height of any antenna shall not exceed four (4) feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be on the pole, and not on any mast arm.

e.    Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style, to the maximum extent feasible.

f.    Pole-mounted equipment, exclusive of antennas, shall be restricted to the smallest possible dimensions and shall not exceed six (6) cubic feet in dimension.

g.    Reserved.

h.    An exception shall be required to place a new pole in the public right-of-way. If an exception is granted for placement of new poles in the right-of-way:

i.    Appearance. Such new poles shall be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced.

ii.    Ninety (90) feet. Such new poles that are not replacement poles shall be located at least ninety (90) feet from any existing pole to the extent feasible.

iii.    Analysis. A new pole justification analysis shall be submitted to demonstrate why existing infrastructure cannot be utilized and demonstrating the new pole is the least intrusive means possible including a demonstration that the new pole is designed to be the minimum functional height and width required to support the proposed facility.

i.    All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible. For all wooden poles wherein interior installation is infeasible, conduit and cables attached to the exterior of poles shall be mounted flush thereto and painted to match the pole.

7.    Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

8.    Wind Loads. Each facility 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 facility.

9.    Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists so as not to obstruct the intersection sight distance.

10.    Public Facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

11.    Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least eighteen (18) inches from the curb and gutter flow line.

12.    Accessory Equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:

a.    Unless City staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception shall be required to place accessory equipment above-ground and concealed with natural or manmade features to the maximum extent possible. (But see PMC 17.95.05.040(C), authorizing certain above-ground installations on existing poles.)

b.    When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five (5) feet and a total footprint of fifteen (15) square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be screened and/or camouflaged. Also, while pole-mounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this Chapter.

c.    In locations where homes are only along one (1) 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 facing it.

13.    Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.

14.    Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

15.    Lighting.

a.    No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency.

b.    Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

c.    Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

d.    Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.

e.    The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.

f.    Nothing in this subsection (A)(15) is intended to prevent the installation of wireless facilities camouflaged on or within light poles if the light poles meet the City’s design requirements for its own light poles.

16.    Noise.

a.    Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

b.    At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed forty-five (45) dBA three (3) feet from the source of the noise.

17.    Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. 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 facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

18.    Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a communication facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

19.    The installation and construction approved by a communication facility permit shall begin within one (1) year after its approval or it will expire without further action by the City.

B.    Conditions of Approval. In addition to compliance with the design and development standards outlined in this Section, all facilities shall be subject 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 approving party:

1.    As-Built Drawings. The permittee shall submit an as-built drawing within ninety (90) days after installation of the facility. As-builts shall be in an electronic format acceptable to the City which can be linked to the City’s GIS.

2.    Contact Information. 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 (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.    Identity, including the name, address and twenty-four (24) hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b.    The legal status of the owner of the communication facility.

3.    Assignment. The permittee shall notify the City in writing at least ninety (90) days prior to any transfer or assignment of the permit. The written notice required in this Section must include: (a) the transferee’s legal name; (b) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (c) 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 by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. 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 the applicable permits pursuant to and following the procedure set on in PMC 17.95.05.180, Removal and Restoration – Permit Expiration, Revocation or Abandonment.

4.    Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or 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 pursuant to the approved plans.

5.    Security. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney’s office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument.

6.    Noise Complaints. If a nearby property owner or occupant registers a noise complaint and City forwards the same to the permittee (personally identifiable information may be redacted), the permittee shall have ten (10) business days to file a written response regarding the complaint which includes any applicable remedial measures. If the City determines the complaint is valid and the applicant 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 Chapter. 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.

7.    Permit Expiration. A condition setting forth the permit expiration date in accordance with PMC 17.95.05.160, Permit Expiration, shall be included in the conditions of approval.

8.    Additional Conditions. The communication facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director 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 public right-of-way 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.

9.    No Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by subsection (B)(5) of this Section (Security).

10.    Property Rights. 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 communication facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities.

11.    Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

12.    Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation, use, and/or maintenance of a communication facility in the public right-of-way. The permittee shall, at a minimum, restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. 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 City Engineer shall cause such repair to be completed at permittee’s sole cost and expense.

13.    Drip Line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way.

14.    Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars ($2,000,000) for each occurrence and five million dollars ($5,000,000) in the aggregate, that fully protects the City from claims and suits for bodily injury and property damage. The insurance must name the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers as additional named insureds, be issued by an insurer admitted in the State of California with a rating of at least a A:VII 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 (30) 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 and volunteers shall be excess of permittee’s insurance and shall not contribute with it. The policies of insurance required by the permit shall include provisions for waiver of subrogation. In accepting the benefits of the permit, permittee hereby waives 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. Before issuance of any building permit for the facility, the permittee shall furnish the City Risk Manager certificates of insurance and endorsements, in the form satisfactory to the City Attorney or the Risk Manager, evidencing the coverage required by the City.

15.    Indemnification. To the fullest extent permitted by law, permittee and any contractors or subcontractors working on its behalf agree to indemnify the City of Palmdale, its officers, employees, agents and elected and appointed boards (hereinafter “City indemnitees”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the installation, use, and maintenance of the communication facility, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of permittee, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, permittee and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the City indemnitees founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. Permittee shall ensure that the contract of any contractor or subcontractor working under the permit contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the City indemnitees pursuant to the terms set forth above. Permittee shall indemnify the City indemnitees, and save them harmless from any and all loss, damage, costs, expenses and attorney’s fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this Section.

16.    Hold Harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney’s fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or in any way related to the communication facility, or to any work done by or use of the public right-of-way by the permittee, owner or operator of the communication facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.

17.    Cabinet Removal. Should the utility company servicing the facility with electrical service 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.

18.    Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by (a) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or 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, (b) any abandonment of any street, sidewalk or other public facility, (c) any change of grade, alignment or width of any street, sidewalk or other public facility, or (d) a determination by the Director that the communication facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within ninety (90) days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing 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. If the facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole cost and expense of 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 wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

19.    Written Approval of Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the communication facility permit within thirty (30) days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said thirty (30) day period.

20.    Right-of-Way Agreement. Prior to the issuance of any encroachment permit, permittee may be required to enter into a right-of-way agreement with the City in accordance with the City’s past practice.

21.    “Permittee” shall include the applicant and all successors in interest to this permit. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.090 Findings for Discretionary Permits

No discretionary permit shall be granted for a communication facility unless the approving party makes all of the following findings:

A.    The proposed facility has been designed and located in compliance with all applicable provisions of the Municipal Code, including this Chapter.

B.    Either (1) the design and location for the proposed installation is least intrusive on the purposes of this Chapter; or (2) there is no feasible alternative design or location that would be less intrusive on the purposes of this Chapter. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.100 Reserved

(Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.110 Nonexclusive Grant

No permit or approval granted under this Chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the City for any purpose whatsoever. Further, no approval shall be construed as any warranty of title. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.120 Emergency Deployment

A COW shall be permitted for the duration of an emergency declared by the City or at the discretion of the Director. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.130 Operation and Maintenance Standards

All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards:

A.    Repairs. 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.    Contact Information. Each permittee of a communication facility shall provide the Director with the name, address and twenty-four (24) hour local or toll free contact phone number of 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 (7) days of any change.

C.    Good Condition. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

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;

7.    Broken and misshapen structural parts; and

8.    Any damage from any cause.

D.    Landscaping. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director.

E.    Replacement. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F.    Routine Inspections. Each facility shall be operated and maintained to comply with all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in this Chapter. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.140 Reserved

(Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.150 No Dangerous Condition or Obstructions Allowed

No person shall install, use or maintain any facility which in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.160 Permit Expiration

A.    Ten (10) Year Expiration. Unless Government Code Section 65964, as it may be amended, authorizes the City to issue a permit with a shorter term, a permit for any communication facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire.

B.    Renewal. A permittee may apply for a new permit within one hundred eighty (180) days prior to expiration. Said application and proposal shall comply with the City’s current code requirements for wireless telecommunications facilities. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.170 Cessation of Use or Abandonment

A.    Abandonment. A communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days unless the permittee has obtained prior written approval from the Director which shall not be unreasonably denied. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

B.    Notice of Abandonment. The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of any discontinuation of operations of thirty (30) days or more.

C.    Remedies. Failure to inform the Director of cessation or discontinuation of operations of any existing facility as required by this Section shall constitute a violation of any approvals and be grounds for:

1.    Litigation;

2.    Revocation or modification of the permit;

3.    Acting on any bond or other assurance required by this Chapter or conditions of approval of the permit;

4.    Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner’s expense; and/or

5.    Any other remedies permitted under this Code. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.180 Removal and Restoration – Permit Expiration, Revocation or Abandonment

A.    Removal at Permit Termination. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its communication facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property, at no cost or expense to the City.

B.    Failure to Remove. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within ninety (90) days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code. Upon a showing of good cause, an extension may be granted by the Director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this Section shall be grounds for:

1.    Prosecution;

2.    Acting on any security instrument required by this Chapter or conditions of approval of permit;

3.    Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner’s expense; and/or

4.    Any other remedies permitted under this Code.

C.    Summary Removal. If the Director or City Engineer determines that the condition or placement of a communication facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director or City Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within sixty (60) days, the facility shall be treated as abandoned property.

D.    Removal of Facilities by City. If the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner or operator after notice, or removed by the City due to exigent circumstances. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.190 Exceptions

A.    Federal Law – Planning Commission Exception. The City Council recognizes that Federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. The City Council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for proposals in which strict compliance with this Chapter would effectively prohibit personal wireless services serves the public interest. The City Council further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promotes clarity and the City’s legitimate interest in well-planned wireless facilities deployment. Therefore, if any applicant demonstrates that strict compliance with any provision in this Chapter, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the Planning Commission may grant a limited, one (1) time exemption from strict compliance with the requirements of this Code subject to the provisions in this Section.

B.    Required Findings. The Planning Commission shall not grant any exception unless the applicant demonstrates by a preponderance of the evidence all the following:

1.    The proposed wireless facility qualifies as a “personal wireless services facility” as defined in United States Code, Title 47, Section 332(c)(7)(C)(ii);

2.    The applicant has provided the City with a clearly defined technical service objective and a clearly defined potential site search area;

3.    The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s) suggested by the City or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

4.    The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviations are the least noncompliant location and design necessary to reasonably achieve the applicant’s reasonable technical service objectives.

C.    Scope. The Planning Commission shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its reasonable technical service objectives. The Planning Commission may adopt conditions of approval as reasonably necessary to promote the purposes in this Chapter and protect the public health, safety and welfare.

D.    Independent Consultant. The City shall have the right to hire, at the applicant’s expense, an independent consultant to evaluate issues raised by the exception and to submit recommendations and evidence in response to the application. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.200 Location Restrictions

Wireless telecommunications facilities are strongly disfavored in certain areas. Therefore, the following locations are permitted when an exception has been granted pursuant to PMC 17.95.05.190, Exceptions:

A.    Public right-of-way of local streets as identified in the General Plan if within the residential zones.

B.    Public right-of-way if mounted to a new pole that is not replacing an existing pole in an otherwise permitted location. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.210 Effect on Other Ordinances

Compliance with the provisions of this Chapter shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this Chapter and other sections of this Code, this Chapter shall control. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)

17.95.05.220 State or Federal Law – Ministerial Requirements

A.    Ministerial Permitting.

1.    If it is determined by the City Attorney that State or Federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Such a determination by the City Attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a site plan review or a conditional use permit, a ministerial administrative permit shall be required prior to installation or modification of a communication facility, and all provisions of this Chapter that would otherwise apply to the discretionary permit shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the Director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the Director shall be imposed and administered as reasonable time, place and manner rules.

2.    Notwithstanding subsection (A)(1) of this Section, the determination that would otherwise be made by the City Attorney may be made by the Director if the Director’s determination is made upon a form approved by the City Attorney which form is designed to ensure compliance with the requirements of subsection (A)(1) of this Section.

B.    Changed Law. If, subsequent to the issuance of the written determination pursuant to subsection A of this Section, and before the issuance of a wireless telecommunications permit, the City Attorney determines that the law has changed and that discretionary permitting is permissible, the City Attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The City Attorney’s written determination shall be a public record.

C.    Enforceable Laws. All installations permitted pursuant to this Chapter shall comply with all Federal and State laws including but not limited to the American with Disabilities Act and the California Building Standards Code. (Zoning Ordinance Amendment 17-001, adopted by City Council April 4, 2017.)