Chapter 12.32
WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

12.32.010    Authority, purpose, scope and intent.

12.32.020    Applicability.

12.32.030    General requirements.

12.32.040    Specific requirements.

12.32.050    Permits required.

12.32.060    Required findings.

12.32.070    Cessation of operations.

12.32.080    Termination.

12.32.090    Definitions.

12.32.010 Authority, purpose, scope and intent.

A.    Authority. This policy is adopted pursuant to the City’s general and police powers, property rights, Government Code Sections 65850(f), 38775, 50030, 37380 and other applicable State law.

B.    Capacity. In adopting this policy, the City acts in its proprietary capacity as to City property, as defined herein, and pursuant to its police powers as to portions of the public right-of-way in which the fee title is not held by the City.

C.    Scope. This policy states the intent, rules, regulations, and procedures regarding placement of wireless communications facilities (WCFs) on the public right-of-way and City property, as defined herein.

D.    Intent. The purposes and intents of this policy include, but are not limited to:

1.    To manage the development of wireless communications facilities in a manner that recognizes and enhances the community benefits of wireless communication technology;

2.    To accommodate the need for installation of wireless communications facilities in accordance with Federal and State rules and regulations;

3.    To preserve and enhance the aesthetic appearance and natural beauty of the City;

4.    To serve the public interest in safety, both pedestrian and vehicle;

5.    To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of wireless communications facilities on City property;

6.    To enhance the visual attractiveness of the City, for residents and visitors;

7.    To advance the goals, policies and programs of the General Plan; and

8.    To allow private parties to place wireless communications facilities on certain areas of City property, subject to the rules and policies stated herein. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.020 Applicability.

The requirements of this chapter apply to all wireless communications facilities (WCFs) that transmit and/or receive electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities within the City, except as exempted pursuant to Section 18.118.020, in the following locations:

A.    City property.

B.    Public right-of-way. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.030 General requirements.

The requirements of Chapter 18.118 regarding all wireless communications facilities (WCFs) that transmit and/or receive electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities apply to City property and the public right-of-way.

A.    State or Federal Requirements. The requirements of Section 18.118.030(A) shall apply.

B.    Building Codes and Safety Standards. The standards of Section 18.118.030(B) shall apply.

C.    Design and Location Preferences. The preferences defined in Section 18.118.030(C) shall apply.

D.    Co-Located Facilities. The provisions described in Section 18.118.030(D) shall also apply, as applicable, to wireless communications facilities in the public right-of-way and on City property.

E.    Application Requirements. The application requirements described in Sections 18.118.040(A) through (G) shall apply to requests for wireless communications facilities in the public right-of-way and on City property.

F.    Development and Maintenance Standards. The requirements specified in Section 18.118.050 shall apply to all wireless communications facilities that are not exempt as defined in Section 18.118.020 or found by the decision making authority, by approval of a waiver or modification, to meet the findings required in Section 18.118.060 or the findings in Section 12.32.060. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.040 Specific requirements.

In addition to the requirements of Chapter 18.118 regarding all wireless communications facilities (WCFs) that transmit and/or receive electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities the following additional requirements and exceptions apply to City property and the public right-of-way.

A.    Requirements Applicable to Facilities on City Property.

1.    The City may grant permits or enter into leases to use City property when such use serves the public interest or is of such a casual, temporary or occasional nature as not to unduly interfere with the public use thereof.

B.    Requirements Applicable to Facilities in the Public Right-of-Way.

1.    No support structures other than utility poles are permitted. The City Manager may approve the replacement of an existing pole if it matches the appearance of the existing pole.

2.    No new utility or street light poles shall be installed in neighborhoods where there are no existing overhead utility facilities.

3.    No facility shall be located on a utility pole that is less than twenty-five feet in height.

4.    A new antenna array shall not extend above the top of a new antenna structure.

5.    A co-located antenna array may extend up to seven feet above the height of the pole subject to approval by the City Manager.

6.    Panel antennas shall not exceed the height of the pole and shall extend no more than four inches from the pole unless it can be demonstrated that technical considerations require the facility to extend farther from the pole.

7.    Facilities in the public right-of-way shall comply with the development standards and setback requirements of the underlying zoning district except for temporary emergency facilities, preexisting facilities, co-located facilities that are exempt pursuant to State law, or subject to approval of a conditional use permit by the Planning Commission.

8.    No more than one antenna structure is permitted on each residential frontage. When a facility is proposed to be installed adjacent to a corner lot in a residential district, the facility shall not be located on the primary frontage unless placement along a side frontage is not feasible. Equipment structures and cabinets shall be installed underground unless it can be determined that an above-ground facility meets the criteria of Section 12.32.060(E).

9.    As a condition of approval of a facility in the public right-of-way, the permittee shall agree to maintain a liability insurance policy, naming the City as an additional insured, in an amount that meets or exceeds the minimum liability limit and requirements that the City Manager establishes. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.050 Permits required.

A.    City Property. A permit for a wireless communications facility pursuant to Chapter 18.118 is required, unless otherwise exempt as defined in Section 18.118.020, prior to the installation of any wireless communications facility on City property.

B.    Right-of-Way.

1.    Encroachment Permit Required. Any person desiring to erect, construct or maintain any building, wall, fence, wireless communications facility, structure or other facility in, on, under, over or above any public property or public right-of-way must first obtain an encroachment permit therefor. An encroachment permit may be obtained by filing a written application on a form supplied through the Department of Public Works. The requirements for these permits as enumerated in this chapter are in addition to any other applicable local, State or Federal laws, rules and regulations. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment or, in the case of a wireless communications facility, the owner of such wireless communications facility, and shall be accompanied by a legal description of the adjacent real property benefited by the encroachment, a one-sheet plot plan illustrating the proposed facility and a written justification as to the need for the encroachment.

2.    Minor Encroachment Permit. The following facilities may be approved by the Public Works Director subject to the requirements of this chapter:

a.    On existing power poles or other structures in the right-of-way in nonresidential districts, provided they are located at least six hundred feet from a residential district and pursuant to permit requirements specified herein; and

b.    A distributed antenna system that is comprised of antennas installed on more than one of the support structures listed in subsection (B)(2)(a) of this section.

3.    Encroachment Permit in Combination with a Conditional Use Permit.

a.    An encroachment permit for wireless communications facilities not otherwise exempt or subject to a minor encroachment permit is required in conjunction with a conditional use permit, pursuant to Section 18.118.030(E)(2), prior to the installation of any wireless communications facility on the public right-of-way. Further, no wireless communications facility shall be constructed, erected, installed, operated, expanded, or maintained in the public right-of-way without the issuance of a valid wireless communications facility encroachment permit pursuant to this section.

4.    Conditions of Approval. In approving an encroachment permit pursuant to this chapter or wireless communications permit pursuant to Chapter 18.118, the review authority may impose any conditions allowed by applicable Federal and State law that are deemed necessary to ensure compliance with the findings required in Section 12.32.060, including but not limited to requiring:

a.    Future modification of an installation that is not a stealth facility to further reduce or eliminate its aesthetic impacts based on the results of a review process, which shows that new technology is available and could be employed to reduce the facility’s visual and aesthetic impacts;

b.    Periodic review, at the permittee’s expense, by a qualified independent engineer, approved by the City, to ensure compliance with the most current federal and State regulatory and operational standards including, but not limited to, FCC radio frequency emission standards and Federal Aviation Administration height standards.

c.    Periodic review to verify that the permittee and any authorized representative of the permittee is in full compliance with the San Carlos Municipal Code, the California Vehicle Code and OSHA standards with regard to noise, construction, vehicles, property maintenance and other such codes and regulations that are applicable to the operation, maintenance, construction and management of the facility and site.

d.    Allow co-location with other existing WCF and accommodate the future co-location of other future facilities, where technically, practically, and economically feasible. The City reserves the right to notify other registered wireless communication providers of new WCF applications to promote co-location.

e.    Evidence of a removal bond or other documentation ensuring removal for the wireless telecommunication antennas.

C.    Post-Approval Requirements. To ensure that wireless communications facilities continue to meet the requirements of this chapter, post-installation verification shall be required.

1.    Validation of Proper Operation. Within forty-five days of commencement of operations, the permittee shall provide verification by qualified experts that the RF levels comply with FCC regulation and that all equipment complies with the City noise regulations.

2.    Three-Year Review. The permittee shall report to the City every three years from the date of commencement of operation a review of the condition of stealth technology described in Section 18.118.030(F)(1), a review of compliance with Federal and State regulation described in Section 18.118.030(F)(2) and a review of compliance with City regulations described in Section 18.118.030(F)(3).

3.    City Business License. The permittee shall report to the City annually, in conjunction with permittee’s business license, contact information for the permittee and the agent responsible for maintenance of the wireless communications facility. Emergency contact information shall be included. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.060 Required findings.

In addition to any other findings that may be required pursuant to Chapter 18.118, in order to approve any encroachment permit for a facility subject to regulation under this chapter the Public Works Director or the City Council must make all of the following findings that are applicable to the facility based on substantial information in the record, including, where required, technical analysis by a radio frequency engineer, calculations by a State-licensed structural engineer, or other evidence:

A.    The proposed use is permitted in the public right-of-way and complies with all applicable provisions of this title;

B.    The proposed wireless communications facility will not interfere with the use of the public property or public right-of-way and existing improvements and utilities thereon;

C.    The proposed wireless communications facility will not interfere with existing subterranean infrastructure and will not impede emergency access;

D.    The proposed wireless communications facility will not physically or visually interfere with vehicular, bicycle, and/or pedestrian use of streets, intersections, bicycle lanes, driveways, sidewalks, and/or walkways;

E.    The proposed wireless communications facility has been designed to blend with the surrounding area and the facility is appropriately designed for the specific site, to the maximum extent reasonably feasible;

F.    That installation at a preferred location is not reasonably feasible, when the proposed wireless communications facility will not be installed at a preferred location as defined in Section 18.118.030(C)(2). (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.070 Cessation of operations.

The requirements specified in Section 18.118.070 shall apply to wireless communications facilities permitted pursuant to this chapter. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.080 Termination.

A.    The city reserves the right to terminate a wireless communications facility encroachment permit or wireless communications lease at any time upon ninety days’ written notice of said termination (except in cases of emergency) in the event it determines the wireless communications facility creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety, and after written notice and opportunity to cure.

B.    In the event of termination pursuant to this section and if requested in writing by the City, permittee shall remove its wireless communications facility at its own expense and shall repair and restore all City right-of-way or City property affected by the placement, maintenance, and removal of the wireless communications facility to a condition that existed prior to the installation of the wireless communications facility or as required by the City.

C.    No wireless communications facility encroachment permit application which has been denied in whole or in part shall be filed again within six months from the date of such denial except upon proof of changed conditions or by permission of the City. (Ord. 1429 § 4 (Exh. B (part)), 2011)

12.32.090 Definitions.

A.    Partial Incorporation of Wireless Telecommunications Facilities Ordinance Definitions. All definitions from the wireless telecommunications facilities ordinance (Chapter 18.118) are incorporated, unless they are limited or modified by this chapter.

B.    Special Definitions. Unless otherwise specified, the terms this chapter uses shall have the following meanings.

1.    “City property” means real property over which the City: (a) holds an interest, including, without limitation, fee title ownership, easement, leasehold, and public street right-of-way; and (b) has the present right of possession and control.

2.    “Encroachment” means any facility, tower, pole, pole line, fence, stand or building, underground vault, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the public right-of-way.

3.    “Essential utility service” means a utility service that is necessary for the health, welfare and safety of the public.

4.    “Facility” means any tower, antenna structure, pole, pole line, fence, stand or building, cables, cabinets, ducts, conduits, converters, equipment, drains, utilities, vaults, other appurtenances or tangible things, or any structure or object of any kind or character not particularly mentioned herein, owned, leased, operated, or licensed by a permittee or other person or entity, that is located or is proposed to be located in the public right of way or City property.

5.    “Park facility” means as defined in Chapter 12.12, Regulation of Park Facilities.

6.    “Open space park facility” means as defined in Chapter 12.12, Regulation of Park Facilities.

7.    “Public right-of-way” means any public highway, street, alley, sidewalk, pathway, and all extensions or additions thereto which is either owned, operated, or controlled by the City, or is subject to an easement or dedication to the City, or is privately owned area within City’s jurisdiction which is not yet but is designated as a proposed public right-of-way on a tentative subdivision map approved by the City.

8.    “Telecommunication” means the transmission between or among points specified by the user of information of the user’s choosing, without change in the content of information as sent and received.

9.    “Wireless communications facility right-of-way setback” means the minimum distance required between a private property line and a wireless communications facility in the public right-of-way, as measured perpendicular from the property line. (Ord. 1429 § 4 (Exh. B (part)), 2011)