Chapter 10.45
STANDARDS AND CRITERIA FOR WIRELESS COMMUNICATIONS FACILITIES
Sections:
10.45.030 Applicability and exemptions.
10.45.040 Emergency deployment.
10.45.050 Applications for wireless telecommunication facilities.
10.45.060 Public noticing procedures.
10.45.070 Conditional use permit and design review approval required.
10.45.080 Limited exceptions – Appeals.
10.45.090 Standard conditions of approval.
10.45.100 Additional conditions of approval for public right-of-way.
10.45.110 Site location and configuration guidelines.
10.45.120 Design and development standards.
10.45.130 Eligible facilities requests.
10.45.140 Cessation of use or abandonment.
10.45.150 Removal and restoration, permit expiration, revocation or abandonment.
Prior legislation: Ords. 1159, 1167 and 1205.
10.45.010 Purpose and intent.
The purpose and intent of this chapter is to provide a uniform and standard set of guidelines and criteria for the installation, design, permitting, collocation, modification, relocation, removal, operation, and maintenance of wireless telecommunication facilities to avoid or minimize land use conflicts related to land use compatibility, visual resources, public safety, and environmental impacts consistent with Federal and State law and regulations.
The City Council of the City of Sausalito hereby adopts the following standards, including definitions, general requirements, procedures and regulations, for wireless telecommunications facilities. The standards are applicable to those wireless telecommunication communications facilities considered by the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (FCC).
All reporting, testing and maintenance standards included in this chapter apply equally to those facilities already in existence at the time of adoption of the ordinance codified in this title and to those which are approved under its provisions.
Nothing in this chapter shall be interpreted or applied to: (A) effectively prohibit or materially inhibit the provision of wireless telecommunication service; (B) unreasonably discriminate among providers of functionally equivalent wireless services; (C) deny any wireless telecommunication service request based on the environmental and/or health effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission regulations; (D) prohibit any collocation or modification that the City may not deny under Federal or State law; or (E) impose any unfair, unreasonable, discriminatory, or anticompetitive fees that exceed the reasonable cost to provide the service for which the fee is charged. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.020 Definitions.
A. “Accessory equipment” means any equipment associated with the installation of a wireless telecommunications facility, including but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment structures, pedestals, meters, vault, splice boxes, and surface location markers.
B. “Antenna” means that part of a wireless telecommunication facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including but not limited to, cellular, personal communication services, and microwave communications. Such devices include but are not limited to, directional antennas such as panel antennas, microwave dishes, and satellite dishes; omnidirectional antennas and wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
C. “Base station” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 CFR Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government, supports or houses equipment described in 47 CFR Sections 1.40001(b)(1)(i) through (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed, does not support or house equipment described in 47 CFR Sections 1.40001(b)(1)(i) through (ii).
D. “Collocation” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.
E. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
F. “Eligible facilities request” means the same as defined by Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified in 47 USC Section 1455(a), and defined by the FCC in 47 CFR Section 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change its physical dimensions and involves a: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
G. “Eligible support structure” means the same as defined by FCC in 47 CFR Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC’s Section 6409(a) (Eligible Facilities) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
H. “FCC” means the Federal Communications Commission or a duly appointed successor agency.
I. “FCC shot clock” means the reasonable time frame within which the City generally must act on a given wireless telecommunications application, as defined by the FCC and as may be amended.
J. “Personal wireless services” means the same as defined in 47 USC Section 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
K. “Personal wireless service facilities” means the same as defined in 47 USC Section 332(c)(7)(C)(ii), as may be amended, which defines the term as facilities that provide personal wireless services.
L. “Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 USC Section 1455(a), as may be amended.
M. “Site” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
N. “Small wireless facilities (small cell wireless facilities)” means the same as defined by the FCC in its “Declaratory Ruling and Third Report and Order” adopted September 26, 2018, encompasses facilities that meet the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section 1.1320(d); or
b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna structure registration under 47 CFR Part 17;
5. The facilities are not located on tribal lands, as defined under 36 CFR Section 800.16(x); and
6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR Section 1.1307(b).
O. “Substantial change” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). This definition organizes the FCC’s criteria and thresholds for a substantial change according to the wireless facility type and location.
1. For towers outside the public rights-of-way, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
b. The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
c. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
d. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
2. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or
b. The proposed collocation or modification increases the width more than 6 feet from the edge of the wireless tower or base station; or
c. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
d. The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or
e. The proposed collocation or modification involves excavation outside the area in proximity to the structure or other transmission equipment already deployed on the ground.
3. In addition, for all towers and base stations wherever located, a substantial change occurs when:
a. The proposed collocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the Community Development Director; or
b. The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets, or excavation that is inconsistent with the thresholds for a substantial change described in this subsection.
P. “Tower” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees, and lattice towers.
Q. “Transmission equipment” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
R. “Utility pole” means a pole or tower owned by any utility company that is primarily used to support wires or cables necessary for the provision of electrical or other utility services regulated by the California Public Utilities Commission.
S. “Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
T. “Wireless telecommunication facility” means any facility constructed, installed, or operated for wireless service, including but not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunication towers, or similar structures supporting such equipment, related accessory equipment, equipment buildings, and other accessory equipment. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.030 Applicability and exemptions.
A. This chapter shall apply to all existing wireless telecommunication facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate, or otherwise deploy wireless telecommunication facilities in the City, unless exempted. Eligible facilities requests to collocate, replace, or remove transmission equipment on an existing wireless tower or base station shall be reviewed under SMC 10.45.130, Eligible facilities requests.
B. This chapter shall not apply to: (1) wireless telecommunication facilities owned and operated by the City; (2) wireless facilities installed on City property in the public right-of-way pursuant to a valid master license agreement with the City; (3) amateur radio facilities; (4) over-the-air reception devices subject to 47 CFR Section 1.4000 et seq., as may be amended, which includes satellite television dishes no greater than one meter in diameter; (5) wireless facilities installed completely indoors and intended to extend signals for personal wireless services; (6) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation transmission, and distribution subject to CPUC General Order 131-D; or (7) the facility receives and transmits communications within a single organization; provided, that transmitters are located at the principal place(s) of business and any external antenna exceeds the roof ridge line of the associated building by five feet or less; (8) the facility is temporary and operates less than 28 days; or (9) the facility has a marine radio operator license and an antenna that consists of a single vertical element less than two inches in diameter. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.040 Emergency deployment.
In the event of a declared Federal, State, or local emergency, or when otherwise warranted by conditions that the City deems to constitute an emergency or a necessity, the Community Development Director may approve the installation and operation of temporary wireless telecommunications facilities (cells on wheels or “COWs”), sites on wheels (“SOWs”), cells on light trucks (“COLTs”), or other similarly portable wireless facilities, subject to such reasonable conditions as the Director deems necessary in her or her discretion. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.050 Applications for wireless telecommunication facilities.
A. Application Required. No application for a conditional use permit and design review for a wireless telecommunication facility shall be approved except upon a duly filed application consistent with this chapter and any other written rules the City may establish from time to time in any publicly stated format.
B. Application Content. All applications for wireless telecommunication facilities shall contain the following information in order to be deemed complete, in addition to all other information determined necessary by the Community Development Director. The City Council authorizes the Community Development Director to develop, publish, and from time-to-time update or amend, eligible facilities application requirements, forms, checklists, informational handouts, and other related materials that the Director finds necessary, appropriate, or useful for the processing of any such application. All applications shall require that the applicant demonstrate that the proposed project will comply with all applicable health and safety laws, regulations, or other rules, which includes without limitation building codes, electrical codes, and all FCC rules for exposure to radio frequency emissions.
1. A complete project description, including the type of facility and the following information on the proposed telecommunications facility:
a. Number and sizes of antennas, and approximate orientation;
b. Heights of proposed facilities;
c. Equipment enclosure type and size;
d. Construction time frame for equipment enclosure;
e. Materials and colors of antennas;
f. Descriptions of towers or other structures necessary to support/house the proposed facilities;
g. Description of lighting;
h. Description of identification signage;
i. Description of access to the facility;
j. Description of utility line extensions needed to serve the facility;
k. Analysis of ground/vegetation disturbance (refer to Chapter 11.12 SMC regarding the preservation of trees and views), revegetation/landscaping, screening or other visual mitigation plan;
l. Back-up power sources, if proposed; and
m. A written description of the type of technology and type of consumer services the carrier will provide to its customers.
2. A detailed site and engineering plan containing the exact proposed location of the facility, created by a qualified licensed engineer.
3. A service network and coverage area map. The City shall provide a map of Sausalito at 1:400 scale and the applicant shall provide overlays on the map indicating the following:
a. The proposed coverage area of the facility using “in-vehicle” and “in-building” measurements in relation to the area to be served and to the search ring;
b. The existing coverage conditions without the proposed facility in relation to the area to be served; and
c. The area to be served and any existing facilities.
4. A one-year future facilities map. The City shall provide a map and the applicant shall plot the location of future facilities.
5. A site plan on a 24-inch-by-36-inch sheet of paper, and an eight-and-one-half-inch-by-11.5-inch reduction of the site plan, which shall include the following information:
a. Parcel lines of the subject parcel;
b. Location and names of adjacent streets and drives proposed to serve as access to facility;
c. Topography of those areas on the subject parcel where the disturbed slope areas exceed five percent;
d. Location of any drainages within or adjacent to the site;
e. Location of all existing buildings, structures, utilities, parking areas, or other features which may affect the proposed use of the property;
f. Setbacks of proposed structures and improvements from the property lines;
g. Location and heights of required cuts and fills for the grading of land where no bank is left standing more than four feet in height and/or wherein less than 50 cubic yards of earth is removed, placed and/or otherwise disturbed in any 12 consecutive months as required by SMC 17.08.010 (excavations generally) and Section 3306 of the Uniform Building Code;
h. North arrow, graphic scale and date prepared;
i. Location of proposed development including all towers, structures, buildings, utility line extensions, driveways/roads, parking areas, schematic drainage and grading plan (if over five percent slopes); and
j. Location and distances to nearest existing adjacent structures on the north, south, east and west.
6. Site and structure elevations, set forth on a 24-inch-by-36-inch sheet of paper, and an eight-and-one-half-inch-by-11.5-inch reduction of the site and structure elevations, which include the following information:
a. Any elevations required by this title;
b. Elevation/section of site displaying site topography, proposed facilities including the tower, equipment shelter, and existing buildings;
c. Wall, roof, tower and antenna materials;
d. Fencing, air conditioning units and outdoor lighting locations, if any;
e. Rooftop or building features such as vents, chimneys, and antennas;
f. Building or tower height as measured from natural grade;
g. A comparison of the heights of the proposed facility/antennas to the height of the surrounding tree canopy, if applicable; and
h. The applicant’s name, graphic scale, assessor’s parcel number and date prepared.
7. Photo-simulations of the proposed facility from the key viewing points, which photo-simulations shall be prepared after a delineation of the view shed and identification of public viewing points, including key viewing points, based on consultation with City staff. Photo-simulations shall display existing and proposed views in an eight-and-one-half-inch-by-11-inch, or larger, format, with the dates shown when the base photo was taken.
8. Story pole or mock-ups per the requirements adopted by resolution and/or ordinance of the City Council or as determined necessary by the Community Development Director.
9. For the sole purpose of verifying compliance with the FCC radio frequency emission standards, applications shall include an emissions report which measures the predicted and actual, if available, levels of electromagnetic field radiation emitted by the proposed facility operating alone and in combination with radiation emitted from other existing or approved facilities that can be detected at the proposed facility site. Radiation measurements shall be based on all proposed (applications filed and pending), approved, and existing facilities operating at maximum power densities and frequencies. It is the responsibility of the applicant to determine the location and power of existing facilities.
10. Alternative site analysis is required if the facility is:
a. Not in an industrial district; or
b. Within 50 feet of a “less preferred location,” as defined below; or
c. Requested by the Community Development Director in his or her discretion; or
d. Otherwise required by this chapter.
Information shall be provided in a narrative form with supporting maps and other graphics which identify the other site locations considered, if any, and rejected in favor of the proposed site. The applicant shall provide supporting reasons why the alternate sites, if any, were not technically feasible or unavailable.
11. Fees. Payment of all filing fees and fees for processing and monitoring the permit application, as established by the City Council.
12. Applications for wireless telecommunications facilities may require the following information at the discretion of the Community Development Director:
a. A conceptual site grading, revegetation and/or landscape plan;
b. A security program that includes features such as fencing, anti-climbing devices and alarms;
c. A geologic hazards report;
d. A certified arborist’s report, if the proposed facility may impact trees or root systems (refer to Chapter 11.12 SMC regarding the preservation of trees and views);
e. An historic building evaluation; and
f. Specialized surveys for biological and/or cultural resources, if the proposed facility is located within or adjacent to identified habitat or cultural resource areas.
C. Procedures for a Duly Filed Application. Any application for a conditional use permit for a wireless telecommunication facility will not be considered duly filed unless submitted in accordance with the procedures in this subsection.
1. Pre-Submittal Conference. Before an application submittal, the applicant must schedule and attend a pre-submittal conference with the Community Development Director, which the Director shall schedule within a reasonable time from the applicant’s scheduling request. The pre-submittal conference is intended to streamline the review process through discussion that includes without limitation issues related to compliance with City rules and regulations; generally applicable rules for health and safety; potential aesthetic and concealment issues; and application completeness issues. To mitigate any unnecessary delays due to application incompleteness, applicants are encouraged to bring any draft applications or other materials so that City staff may provide informal feedback and guidance regarding whether such applications or other materials may be incomplete or otherwise unacceptable.
2. Submittal Appointment. All applications must be submitted to the City at a pre-scheduled submittal appointment with the Community Development Director, which the Director shall schedule within a reasonable time from the applicant’s scheduling request. Any application received outside of a submittal appointment, whether delivered in-person, by mail, or through any other means, shall not be considered duly submitted.
D. Applications Deemed Withdrawn. Any application for a wireless telecommunication facility will be automatically deemed withdrawn if the applicant fails to substantively respond to the City within 90 calendar days after the City determines in writing that an application is incomplete. The Community Development Director may, in his or her reasonable discretion, grant a written extension for up to an additional 30 calendar days.
E. Peer and Independent Consultant Review.
1. Authorization and Scope. The City Council authorizes the Community Development Director in his or her discretion, to select and retain an independent consultant(s) in connection with any wireless telecommunication facility conditional use permit/design review application. The Director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless telecommunication facilities including without limitation permit application completeness or accuracy; pre-construction planned compliance with applicable regulations for exposure to radio frequency emissions; post-construction actual compliance with applicable regulations for radio frequency emissions; whether and to what extent any technically feasible and/or potentially available alternative sites or concealment techniques may exist; the applicability, reliability, and/or sufficiency of any information, analyses, or methodologies used by the applicant to reach any conclusions about any issue within the City’s discretion to review; and any other issue that the Director determines requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public hearings, and/or attend meetings with City staff and/or the applicant.
2. Consultant Fees; Deposits. If the Community Development Director elects to retain an independent consultant(s) in connection with any wireless telecommunication facility permit application, the applicant shall pay the reasonable costs in connection with the services provided. Before the independent consultant(s) may perform any services, the applicant shall deposit with the City an amount equal to the estimated costs for the services to be rendered as determined by the Director. If the deposit exceeds the total costs for consultant services, the Director shall promptly return any unused funds after the wireless facility has received final City inspection or is finally disapproved by the City. If the reasonable costs for consultant services exceeds the deposit, the Director shall invoice the applicant for the balance which shall be promptly paid by the applicant. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.
F. Deadlines for Action on Applications. The City will act on an application for a wireless telecommunication facility within the deadlines as imposed by applicable Federal and/or State law, as amended from time to time, as follows:
1. Sixty days to act on an application for an eligible facility request.
2. Sixty days to act on an application for a small cell wireless telecommunication collocation facility.
3. Ninety days to act on a new small cell wireless telecommunication facilities.
4. Ninety days to act on all new non-small-cell wireless telecommunication facilities.
5. One hundred fifty days to act on all other wireless facilities. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.060 Public noticing procedures.
Upon receipt of a complete and verified application for a wireless telecommunications facility, a public hearing shall be held in accordance with the procedures and requirements set forth in this title. Notice of the hearing shall be as required by this title for conditional use permits. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.070 Conditional use permit and design review approval required.
All new and substantially changed wireless telecommunications facilities shall require a conditional use permit and design review approval. Applications for wireless telecommunications facilities shall be processed and conditional use permits and design review approvals granted solely in accordance with the terms and provisions of this chapter, notwithstanding any other provision to the contrary in this title. The Planning Commission may approve or conditionally approve a conditional use permit and design review approval for a wireless telecommunications facility if the following findings can be made:
A. Generally Applicable Findings.
1. The proposed wireless telecommunication facility is consistent with the general plan, the Zoning Ordinance, and any applicable specific plans.
2. The proposed wireless telecommunication facility complements the surrounding neighborhood and/or district and, when antenna is attached to, or part of, a structure, the antenna and its screening complement the architecture of the structure.
3. The proposed wireless telecommunication facility is consistent with the general scale of structures and buildings in the surrounding neighborhood and/or district.
4. The proposed wireless telecommunication facility has been located and designed to minimize obstruction of public views and primary views from private property.
5. The proposed wireless telecommunication facility will not result in a prominent profile (silhouette) above a ridgeline.
6. The proposed landscaping provides appropriate visual relief, complements the buildings and structures on the site, and provides an attractive environment for the enjoyment of the public.
7. Mechanical equipment and all accessory equipment are appropriately designed and located to minimize visual, noise, and air quality impacts to adjacent properties and the general public.
8. The proposed design preserves protected trees and significant natural features on the site to a reasonable extent and minimizes site degradation from construction activities and other potential impacts.
9. The proposed use, together with the applicable conditions, will not be detrimental to the public health, safety, or general welfare of the City.
10. The proposed wireless telecommunication facility will not materially adversely affect nearby properties or their permitted uses.
11. The applicant has demonstrated that the proposed wireless telecommunication facility will comply with all applicable FCC rules and regulations for human exposure to radio frequency emissions.
12. The applicant has demonstrated a good-faith effort to identify and evaluate preferred alternative locations and potentially less-intrusive alternative designs for the proposed wireless telecommunication facility.
13. The applicant has submitted a meaningful comparative analysis that shows all preferred alternative locations and less intrusive alternative designs identified in the administrative, if any, are either technically infeasible or unavailable.
B. Additional Findings for the Public Right-of-Way. In addition to the generally applicable findings, the following findings are required for a new or substantially changed wireless telecommunication facility to be located in a public right-of-way.
1. The applicant has provided substantial written evidence supporting its claim that it has the right to enter the public right-of-way pursuant to Federal or State law, or the applicant has entered into an agreement with the City permitting it to use the public right-of-way.
2. The applicant has demonstrated that the wireless telecommunication facility will not interfere with the use of the public right-of-way, existing underground infrastructure, or the City’s plans for modification or use of the location. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.080 Limited exceptions – Appeals.
A. Limited Exception. If the applicant claims that strict compliance with any provision of this chapter would effectively prohibit its ability to provide personal wireless services, the Planning Commission or City Council on appeal, may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition of wireless service if all of the following findings are made.
1. The proposed wireless facility qualifies as a “personal wireless service facility” as defined in 47 USC Section 332(c)(7)(C)(ii) as may be amended or superseded.
2. The applicant has provided a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility.
3. The applicant has provided a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter.
4. The applicant has provided a meaningful comparative analysis with factual reasons as to why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, the public, or any other source) are not technically feasible of potentially available to reasonably achieve the applicant’s reasonably and clearly defined technical service objectives of the proposed wireless facility.
5. The applicant has demonstrated that the proposed location and design is the least noncompliant configuration that will reasonably achieve the applicant’s reasonable and clearly defined technical service objective of the proposed wireless facility. The City shall have the right to hire an independent consultant, at the applicant’s sole expense, to evaluate the issues raised by any exception request.
B. The applicant may file an appeal with the City Council from any denial, approval, or conditional approval of a wireless telecommunication facility. Said appeal shall be in writing and shall be filed with the Community Development Department not later than 10 calendar days after the Planning Commission’s action. For purposes of filing an appeal, if the final day to appeal falls on a City Hall observed holiday or a day when City Hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this chapter, the Municipal Code, and/or Federal and State law, and shall be accompanied by a filing fee as is hereafter fixed from time to time by City Council resolution. The City Council shall hold a de novo public hearing to consider the appeal. The Community Development Department shall, not less than 10 calendar days prior to the date set for the City Council hearing on the appeal, give written notice to the applicant, and all residents and property owners within a 300-foot-wide radius of the proposed wireless facility, of the date, time and place of the public hearing. The Council may affirm, reverse, remand or modify the decision of the Planning Commission. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.090 Standard conditions of approval.
In addition to compliance with the requirements of this chapter, upon approval, whether approved by the City or deemed approved by the operation of law, all wireless telecommunication facilities shall be subject to each of the following conditions of approval, as well as any modification to these conditions or additional conditions of approval deemed necessary.
A. Permit Term. The permit will automatically expire 10 years and one day from its issuance, except when California Government Code Section 65964, as may be amended, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification, or other change to the wireless telecommunication facility, which includes without limitation any permit or other approvals deemed approved by operation of law, will not extend the term limit unless expressly provided otherwise or required by Federal or State law.
B. Strict Compliance with Approved Plans. Before the permittee submits any applications to the Community Development Department, the permittee must incorporate the conditional use permit/design review for the wireless telecommunication facility, all conditions associated with the permit, and approved photo simulations, into the project plans (the “approved plans”). The permittee must construct, install, and operate the wireless telecommunication facility in strict compliance with the approved plans. Any alterations, modifications, or other changes to the approved plans, whether requested by the permittee or by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Community Development Director’s prior review and approval, who may refer the request to the Planning Commission in his or her discretion. The permittee shall submit an as-built drawing within 90 days after installation of the wireless facility.
C. Build-Out Period. A conditional use permit/design review approval for a wireless telecommunication facility will automatically expire one year from the approval or deemed-approved date unless the permittee obtains all other permits and approvals required to install, construct, and/or operate the approved wireless telecommunication facility, which includes any permits or approvals required by Federal, State, or local public agencies with jurisdiction over the property, the wireless telecommunication facility, or its use. The Community Development Director may grant a single written extension to a date certain, not to exceed one additional year, if the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.
D. Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition according to the approved plans and all conditions in the conditional use permit/design review approval. The permittee shall keep the site area free from litter and debris at all times and shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware of such graffiti or vandalism, at no cost to the City.
E. Compliance with Laws. The permittee shall maintain compliance at all times with Federal, State, and local statutes, regulations, orders, or other rules that carry the force of law (the “laws”) applicable to the permittee, the subject property, the wireless facility, or any use or activity in connection with the authorized use covered by the conditional use permit, which includes without limitation any laws applicable to human exposure to radio frequency emissions. The permittee expressly acknowledges and agrees that this condition is intended to be broadly construed and that no other specific requirement in these conditions are intended to reduce, relieve, or otherwise lessen the permittee’s obligations to comply with all laws.
F. Radio Frequency Compliance. At all times the permittee shall ensure that the wireless telecommunication facility complies with the most current regulatory limits on radio frequency emissions standards and/or any other emissions standards adopted by the FCC and the California Public Utilities Commission. If the Community Development Director determines that there is good cause to believe that the wireless telecommunication facility may emit radio frequency emissions in excess of FCC standards, the permittee shall cooperate with the City to determine if the facility is in compliance with all FCC rules regarding human exposure to radio frequency emissions including, but not limited to, submittal of an affidavit signed by a radio frequency engineer certifying the wireless facility’s compliance with FCC rules; providing technical data such as the frequencies in use, power output levels, and antenna specifications, necessary to evaluate compliance with FCC radio frequency limitations; and all other actions deemed necessary to measure compliance.
G. Adverse Impacts on Other Properties. The permittee shall avoid undue or unnecessary adverse impacts to nearby properties that arise from the construction, installation, operation, modification, maintenance, repair, removal, and/or other activities at the site. The permittee shall not perform work that involves heavy equipment or machinery except during normal construction work hours as authorized by the City, excepting work required to prevent immediate harm to persons or property. The City may issue a stop work order for any activity that violates this condition.
H. Inspections – Emergencies. The permittee expressly acknowledges and agrees that City representatives may enter the site and inspect the improvements and equipment thereon upon reasonable prior notice; provided however, that City representatives may, but will not be obligated to, enter the site area without prior notice in the event of an emergency or when the equipment threatens imminent harm to persons or property.
I. Contact Information. The permittee shall submit and maintain current basic contact and site information to the City and shall notify the City of any changes to this information within seven days of a change. This information includes but is not limited to: the name, address, email address, and 24-hour contact telephone number of the permittee, the owner, operator, and person(s) responsible for maintenance of the wireless facility; and legal status of the owner of the wireless facility including official identification numbers and FCC certification.
J. Performance Agreement. Prior to the issuance of a building permit, the permittee shall enter into a performance agreement with the City, which agreement shall include the following:
1. The permittee shall post a financial security, such as a letter of credit, in a form acceptable to the Community Development Director to ensure that the facility is properly installed and maintained and to guarantee that the facility is dismantled and removed from the premises if it is abandoned pursuant to this chapter, or upon expiration or revocation of its permit. The amount of the security shall be based on a cost estimate equal to 125 percent of the amount needed to remove the facility and return the surrounding area to its condition prior to the facility’s installation, based on a written estimate from a qualified contractor with experience in wireless telecommunication facilities removal.
2. The permittee shall defend with counsel acceptable to the City in its discretion, indemnify, protect, and hold harmless the City, its officers, officials, councilmembers, commissioners, agents, and employees from and against any and all liabilities, claims, losses, demands, lawsuits, and/or causes of action of any kind arising out of a violation of any Federal, State, or local law or in connection with the permitting, installation, use, or any other activity associated with the wireless telecommunication facility. The City shall promptly notify the permittee of any such claim, action, or proceeding. The City shall retain the right to participate in any claim, action, or proceeding by retaining the City’s own counsel if the City bears its own attorneys’ fees.
L. Successors. All conditions of approval shall be binding to the permittee and all successors in interest to the permittee.
M. Signage. All notices and signs required by the FCC and California Public Utilities Commission, and approved by the City, shall be posted on the site and include the permittee’s emergency contact name and 24-hour telephone number.
N. Annual Review. Community Development Department staff may review compliance with all conditions of approval annually and, if any conditions of approval are not being met, shall schedule a public hearing to consider revocation of the permit pursuant to this chapter.
O. Confirmation of Height. Within 60 days of completion of the installation of any freestanding antenna or support structure, the permittee shall perform a “tape drop” measurement to confirm that the height is no greater than approved, and shall submit a written certification to the Community Development Department of the actual, “as built” height. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.100 Additional conditions of approval for public right-of-way.
In addition to compliance with the standard conditions of approval, and the requirements of this chapter, upon approval, whether approved by the City or deemed approved by operation of law, all wireless telecommunication facilities located in a public right-of-way shall be subject to each of the following conditions of approval.
A. The wireless telecommunication facility shall be subject to such conditions, changes, or limitations as are deemed necessary by the City from time to time for the purpose of: protecting the public health, safety, and welfare; preventing damage to the public right-of-way and/or adjacent property; and preventing interference with pedestrian and/or vehicular traffic. The City may modify the permit to reflect such conditions, changes, or limitations pursuant to the public hearing procedures applicable to a wireless facilities application as set forth in this chapter, except the permittee shall be given notice by personal service or certified mail.
B. The permittee shall not move, alter, relocate, change, or interfere with any existing structure, improvement, or property without the prior written 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 wireless telecommunication facility unless it is determined that it will not adversely affect the City or any residents, and the permittee pays all costs and expenses related to its relocation. Prior to commencement of any work pursuant to an encroachment permit, the permittee shall provide the City with documentation 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 the wireless telecommunication facility.
C. The permittee shall repair at its sole cost and expense any damage attributed to the wireless facility and/or its installation, construction, improvement, or maintenance, including but not limited to subsidence, cracking erosion, collapse, weakening, or loss of lateral support to streets, sidewalks, walkways, curbs, gutters, trees, landscaping, utility lines and systems, underground utility lines and systems, sewer systems, sewer lines, and any and all improvements of any kind.
D. If the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a 10-foot radius of the base of such a tree (or such larger radius in the City’s discretion), then prior to the issuance of a building permit, the permittee must submit a tree protection plan prepared by a certified arborist for the review and approval of the Community Development Director (refer to Chapter 11.12 SMC regarding the preservation of trees and views). [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.110 Site location and configuration guidelines.
A. Purpose. The purpose of this section is to provide guidelines to applicants and the City regarding preferred locations and configurations for wireless telecommunication facilities in the City; provided, that nothing in this section shall be construed to permit a wireless telecommunication facility in any location or configuration that would otherwise be prohibited by this chapter. The City shall consider the extent to which a proposed wireless telecommunication facility complies with these preferences and whether there are technically feasible alternative locations and/or configurations that are more preferred under this section.
B. Location of Wireless Telecommunication Facilities. In any given general plan land use area, a structure not used for residential purposes is preferred over one so used and a publicly owned structure, including but not limited to buildings, water tanks, telephone and utility poles, signage, traffic signals, light standards and roadway overpasses, is preferred over one privately owned. All applicants must, to the extent feasible, propose new wireless telecommunication facilities in the locations according to the following preferences:
1. Preferred Locations. The City of Sausalito prefers the following general plan land use areas for wireless telecommunication facilities in the order of preference:
a. Industrial.
b. Public institutional, excluding those locations listed in the less preferred locations of this subsection.
c. Commercial.
i. Commercial waterfront.
ii. Central commercial.
iii. Shopping center.
2. Less Preferred Locations. The following less preferred locations are listed in order of preference, from most to least preferred:
a. Neighborhood commercial.
b. Mixed residential and commercial.
c. Open area.
d. Public recreational and parks
e. Residential (for aesthetic reasons, wireless communications facilities are very strongly discouraged from locating within residential areas or at schools except in exceptional circumstances).
3. Historic Buildings, Landmarks and Districts. Wireless telecommunications facilities are very strongly discouraged from locating within a site containing an historic building or landmark, or within Sausalito’s downtown historic district. Regardless of their classification as a local, State or national historic resource, buildings, structures, objects or properties shall be considered of equal historic significance with regard to siting wireless telecommunications facilities. If a wireless telecommunications facility is located within or on such a structure/building, the facility shall be subject to the criteria of the Secretary of the Interior’s Standards for Rehabilitation and shall comply with the California Environmental Quality Act (CEQA) guidelines as amended, as well as any local guidelines for the treatment of historic properties and applicable provisions of the Federal telecommunications laws and the National Environmental Policy Act.
4. Additional Analysis for Discouraged Locations. For all new wireless telecommunication facilities proposed in the less preferred locations, the applicant must submit additional analysis identifying at least three more preferred locations and provide a meaningful comparative analysis as to why these locations are either not technically feasible or not potentially available, to the satisfaction of the Community Development Director.
C. Preferred Support Structures.
1. General. The use of existing structures is preferred over monopoles or other towers erected specifically to support wireless telecommunications facilities unless technical evidence demonstrates that there are no other alternative sites, feasible support structures, and/or the use of a monopole or tower would avoid or minimize adverse effects related to the view shed, land use compatibility, visual resources, and public safety.
2. All applicants must, to the extent feasible and potentially available, install the wireless telecommunication facility on a support structure according to the following preferences ordered from most preferred to least preferred:
a. Collocation with existing facilities.
b. Roof-mounted.
c. Building-mounted.
d. New freestanding wireless towers or poles.
D. Undergrounding. All nonantenna equipment associated with the wireless telecommunication facility must be placed underground to the extent feasible. When aboveground is the only feasible location for a particular type of equipment, and the equipment cannot be pole-mounted, such equipment shall be enclosed within a structure, shall not exceed a height of five feet and total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible.
E. Location. Each component of a wireless facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of a right-of-way, or create safety hazards. Each component of a wireless telecommunication facility shall also be located so as not to obstruct public views.
F. Map and List of Locations. The City shall maintain a map and list of the location of all facilities permitted under this chapter and shall make this information readily available to the public through a combination of methods such as posting at the Community Development Department, posting on the City’s website, and placement in the public library. The map and list shall refer interested parties to the Community Development Department for permit and testing information. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.120 Design and development standards.
A. Generally Applicable Development Standards. All new wireless telecommunication facilities and substantial changes to existing wireless telecommunication facilities not covered under Section 6409 must conform to the following generally applicable development standards:
1. Concealment. Wireless telecommunication facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into the natural and/or built environment in a manner consistent and compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity.
2. Overall Height, Width, and Space Occupied. Wireless telecommunication facilities may not exceed the applicable height limit for structures in the zoning district where they are located. All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Wireless telecommunication facilities shall be designed to occupy the least amount of space that is technically feasible.
3. Setbacks. Wireless telecommunication facilities may not encroach into any applicable setback in the zoning district where they are located.
4. Noise and Traffic. Wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures:
a. Wireless telecommunications facilities shall operate in compliance with the noise exposure standards contained in the City of Sausalito General Plan and the Noise Ordinance. Normal testing and maintenance activities shall occur between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, excluding emergency repairs.
b. Backup generators shall comply with the noise standards in the City of Sausalito General Plan and Noise Ordinance and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in accordance with this subsection.
c. Traffic resulting from the operation and maintenance of a wireless telecommunications facility shall be kept to a minimum. Conditions of project approval may specify a maximum number of trips on a case-by-case basis based upon the carrier’s maintenance and testing schedule.
5. Vegetation and Landscaping. Wireless telecommunications facilities shall be installed in a manner that minimizes the impacts to existing vegetation (refer to Chapter 11.12 SMC regarding the preservation of trees and views). Where appropriate, additional landscaping shall be required to provide visual screening of the proposed facility. If landscaping is required, the applicant shall submit a landscape and irrigation plan, and shall submit a landscape maintenance program to assure that the plants will remain in healthy condition throughout the term of the permit, to the satisfaction of the Community Development Director.
Vegetation protection and facility screening shall be accomplished through the following measures:
a. The emphasis of the landscape plan should be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be a native, drought-tolerant species compatible with the predominant natural setting of the project area.
b. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a tree protection plan prepared by a certified arborist may be required to ensure compliance with this requirement.
c. All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.
d. No vegetation shall be removed subsequent to project completion except to comply with local and State fire safety regulations or as authorized by the Community Development Director.
e. The City may require that the carrier enter into a landscape performance and maintenance agreement with the City of Sausalito to ensure the installation and maintenance of required landscaping. Failure to maintain landscaping shall be grounds for revocation of the use permit.
6. Site Security Measures. Wireless telecommunication facilities may incorporate reasonable site security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible.
7. Backup Power Sources. The City may approve permanent backup power sources and/or generators on a case-by-case basis. The City strongly discourages backup power sources mounted on the ground or on poles within a public right-of-way. The City shall not approve any diesel generators or other similarly noisy or noxious generators in or within 250 feet from any residence; provided, however, the City may approve sockets or other connections used for temporary backup generators.
8. Lights. Wireless facilities may not include exterior lights other than as may be required under law, or timed or motion-sensitive lights for security and/or safety as determined necessary or desirable by the City. All lights must be installed in locations and/or within enclosures that mitigate light impacts on other properties to the maximum extent possible.
9. Signage. Wireless telecommunication facilities must include signage that accurately identifies the equipment owner/operator, its site name or identification number, and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless approved by the City or required by law.
10. Future Collocations and Equipment. To the extent feasible and aesthetically appropriate, all new wireless telecommunication facilities should be designed and sited in a manner that can accommodate potential future collocation and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance of the facility.
11. Utilities. All cables and connectors for telephone, primary electric, and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Meters, panels, disconnect switches, and other associated improvements must be placed underground to the extent possible or placed in inconspicuous and concealed locations.
12. Parking. The installation of wireless telecommunication facilities shall not interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number required for the property.
B. Freestanding Wireless Telecommunication Facilities. In addition to the generally applicable development standards, all new and substantially changed freestanding wireless telecommunication facilities not covered under Section 6409 must conform to the requirements in this subsection.
1. Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Nonantenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) must be mounted directly behind the antennas to the maximum extent feasible.
2. Ground-Mounted Equipment, Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the City’s prior approval. The City may require additional concealment elements as necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
3. Monopoles. The City shall not approve any unconcealed monopoles on private property within the City.
C. Building-Mounted Wireless Facilities. In addition to the generally applicable development standards, all new and substantially changed building-mounted wireless telecommunication facilities not covered under Section 6409 must conform to the requirements in this subsection.
1. Preferred Concealment Techniques. To the extent feasible, building-mounted wireless telecommunication facilities should be completely concealed and architecturally integrated into the existing facade or rooftop feature with no visible impacts (examples include, but are not limited to, antennas behind existing walls or facades replaced with radio frequency-transparent material finished to mimic the replaced materials). Alternatively, when integration within existing building features is not feasible, the wireless telecommunication facility should be completely concealed in a new structure designed to mimic the original architecture (examples include, but are not limited to, cupolas, steeples, and chimneys).
2. Facade-Mounted Equipment. When wireless telecommunication facilities cannot be placed behind existing walls or other existing screening elements, the City may approve facade-mounted equipment in accordance with this subsection. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The City may not approve “pop-out” screen boxes unless the design is architecturally consistent with the original building. The City may not approve any exposed facade-mounted antennas, including but not limited to, exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade along the building frontage that is the least publicly visible.
3. Rooftop-Mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style, and finish.
4. Ground-Mounted Equipment, Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the City’s prior approval. The City may require additional concealment elements as necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
D. Right-of-Way Wireless Telecommunication Facilities. In addition to the generally applicable development standards, all new and substantially changed wireless telecommunication facilities in a public right-of-way not covered under Section 6409 must conform to the requirements in this subsection.
1. Concealment. Wireless telecommunication facilities in the right-of-way must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment, and adjacent uses. Wireless facilities in the right-of-way may not unreasonably obstruct, impede, inconvenience, or hinder the public use.
2. Support Structures. Wireless telecommunication facilities in the right-of-way must be installed on existing aboveground structures (such as light poles) whenever possible and aesthetically desirable. The City shall not approve any new, nonreplacement support structure unless there are no potentially available aboveground support structures near the site, or the City finds that a new, nonreplacement support structure would be more aesthetically desirable and consistent with this chapter.
3. Undergrounded Equipment. All equipment, other than the antenna and any electric meter, must be installed underground to the extent feasible.
4. Pole-Mounted Equipment. All pole-mounted equipment must be installed as close to the pole as feasible. All pole-mounted equipment and required or permitted signage must face the street or otherwise be placed to minimize visibility from adjacent sidewalks and structures. All cables, wires, and other connectors must be routed through conduits within the pole whenever possible, and all external conduits, conduit attachments, cables, wires, and other connectors must be concealed from public view to the extent feasible. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.130 Eligible facilities requests.
A. Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC Section 1455(a)) generally requires that state and local governments “may not deny, and shall approve” requests to collocate, remove, or replace transmission equipment at an existing tower or base station.
B. Prior Approvals. Any eligible facilities request shall require an amendment to the underlying use permit for the tower or base station subject to the City’s approval, conditional approval, or denial without prejudice pursuant to the standards and procedures contained in this subsection.
C. Other Permits and Regulatory Approvals. No eligible facilities request may be approved unless the applicant also obtains all other permits and regulatory approvals required by any other Federal, State, or local government. Any eligible facilities approval shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits and/or regulatory approvals.
D. Application Requirements.
1. Application Required. The City shall not approve any eligible facilities request except upon a duly filed application consistent with this subsection and any other written rules or policies the City may establish from time to time in any publicly stated format.
2. Application Content. All eligible facilities applications must include all information and materials as set forth in SMC 10.45.050(B) and as required by the Community Development Director, in addition to all other information determined necessary by the Community Development Director. The City Council authorizes the Community Development Director to develop, publish, and from time-to-time update or amend, eligible facilities application requirements, forms, checklists, informational handouts, and other related materials that the Director finds necessary, appropriate, or useful for the processing of any such application. All applications shall require that the applicant demonstrate that the proposed project will comply with all applicable health and safety laws, regulations, or other rules, which includes without limitation building codes, electrical codes, and all FCC rules for exposure to radio frequency emissions.
3. Procedures for a Duly Filed Eligible Facilities Application. All applications for an eligible facilities request must comply with the pre-submittal conference and submittal appointment procedures as set forth in SMC 10.45.050(C)(1) through (2), and will not be considered duly filed unless submitted in accordance with the procedures in said subsections.
4. Applications Deemed Withdrawn. Any application for an eligible facilities request will be automatically deemed withdrawn if the applicant fails to substantively respond to the City within 90 calendar days after the City determines in writing that an application is incomplete. The Community Development Director may, in his or her reasonable discretion, grant a single written extension for up to an additional 30 calendar days.
5. Peer and Independent Consultant Review.
a. Authorization and Scope. The City Council authorizes the Community Development Director in his or her discretion, to select and retain an independent consultant(s) in connection with application for an eligible facilities request. The Director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities including without limitation permit application completeness or accuracy; pre-construction planned compliance with applicable regulations for exposure to radio frequency emissions; post-construction actual compliance with applicable regulations to radio frequency emissions; whether and to what extent any technically feasible and/or potentially available sites or concealment techniques may exist; the applicability, reliability, and/or sufficiency of any information, analyses, or methodologies used by the applicant to reach any conclusions about any issue with the City’s discretion to review; and any other issue determined by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public hearings, and/or attend meetings with City staff and/or the applicant.
b. Consultant Fees – Deposits. If the Community Development Director elects to retain an independent consultant(s) in connection with an application for an eligible facilities request, the applicant shall pay the reasonable costs in connection with the services provided. Before the independent consultant(s) may perform any services, the applicant shall deposit with the City an amount equal to the estimated costs for the services to be rendered as determined by the Director. If the deposit exceeds the total costs for consultant services, the Director shall promptly return any unused funds after the wireless facility has received final City inspection or is finally disapproved by the City. If the reasonable costs for consultant services exceeds the deposit, the Director shall invoice the applicant for the balance which shall be promptly paid by the applicant. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.
E. Decisions and Appeals.
1. Administrative Review. The Community Development Director shall administratively review a complete and duly filed eligible facilities request application and shall act upon such application ministerially without prior notice or a public hearing.
2. Decision Notices. Within five days after the Community Development Director acts on an eligible facilities request application or before the FCC shot clock expires, whichever occurs first, the Director shall send a written notice to the applicant of the decision. If the Director denies the application, the notice must contain: the reasons for the decision; a statement that denial is without prejudice; and instructions for how and when to file an appeal.
3. Eligible Facilities Findings. The Community Development Director may approve or conditionally approve an eligible facilities request application when he or she finds that the proposed project:
a. Involves collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station; and
b. Does not substantially change the physical dimensions of the existing wireless tower or base station.
F. Criteria for Denial Without Prejudice. Notwithstanding any other provision of this subsection and consistent with all applicable Federal laws and regulations, the Community Development Director may deny without prejudice any eligible facilities request application when the Director finds that the proposed project:
1. Does not meet the eligible facilities findings;
2. Involves the replacement of the entire support structure; or
3. Violates any legally enforceable law, regulation, rule, standard, or permit condition reasonably related to the public health and safety.
G. Conditional Approvals. Subject to any applicable limitations in Federal or State law, nothing in this subsection is intended to limit the Community Development Director’s authority to conditionally approve an eligible facilities request application to protect and promote the public health and safety.
H. Appeals. Any applicant may appeal the decision of the Community Development Director to deny without prejudice an eligible facilities request application. A written appeal together with any applicable appeal fee as established by the City Council must be tendered to the Community Development Department within 10 days from the Director’s written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals of the Director’s written decision. The City Manager shall review the application de novo; provided, however, that the City Manager’s decision shall be limited only to whether the application should be approved or denied pursuant to the provisions in this subsection and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to further administrative appeal.
I. Standard Conditions of Approval. In addition to all other conditions adopted by the City, all approved eligible facilities requests, whether approved by the City or deemed approved by operation of law, shall be subject to the standard conditions of approval as set forth in SMC 10.45.090, as well as any modification of these conditions or additional conditions of approval deemed necessary, and the following conditions:
1. Permit Term. An approved eligible facilities request, whether by the City’s approval or operation of law, constitutes a Federally mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. Such approval shall not extend the permit term, if any, for any conditional use permit or other underlying prior regulatory authorization. Accordingly, an eligible facilities request approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station.
2. Accelerated Termination Due to Invalidation. In the event that a court of competent jurisdiction invalidates all or any portion of an eligible facilities request approval or any FCC rule that interprets Section 6409 such that Federal law would not mandate approval, such approval shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of a previously approved eligible facilities approval or the Community Development Director grants an extension upon a written request that shows good cause for the extension, including without limitation extreme financial hardship. The Director may not grant a permanent or indefinite extension. The permittee shall not be required to remove its improvements under the invalidated eligible facilities approval if it obtains the applicable permits(s) or submitted an application for such permit(s) before the one-year period ends.
3. Reservation of Standing. The City’s grant or grant by operation of law of eligible facilities approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409, or any section of an eligible facilities approval. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.140 Cessation of use or abandonment.
A. A wireless telecommunication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunication services for 90 or more consecutive days.
B. The operator of a wireless telecommunication facility shall notify the City in writing of its intent to abandon or cease use within 10 days of abandoning or ceasing use. Notwithstanding any other provisions herein, the operator of the wireless facility shall provide written notice to the City of any discontinuation of operation of 30 days or more.
C. Failure to inform the City of a discontinuation of operations required by this subsection shall constitute a violation of any approvals and the grounds for: revocation or modification of the permit; calling of any bond or other assurance or condition of approval; removal of the wireless telecommunication facility pursuant to a nuisance abatement action; and any other remedies allowed by law. [Ord. 1272 § 1 (Att. 1), 2019.]
10.45.150 Removal and restoration, permit expiration, revocation or abandonment.
A. In the event of any breach of this chapter, any required agreement(s) or any conditions of the permit, the City shall notify the applicant and owner, as well as the public pursuant to this chapter, and the Planning Commission shall conduct a revocation hearing. Appeals of the Planning Commission decision on revocation may be made pursuant to the process required in this title for other appeals of Planning Commission decisions to the City Council.
B. Removal Obligation. Upon the expiration of a permit, including any extensions, earlier termination, or revocation of the permit, or abandonment of the facility, the permittee, owner, or operator shall remove the wireless telecommunication 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 pursuant to proper health and safety requirements and all other requirements of the City. The facility shall be removed from the property within 30 days at no cost to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration under this subsection.
C. Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after the expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Sausalito Municipal Code and grounds for: calling of any security or assurance; removal of the facility pursuant to a nuisance abatement action; and/or any other remedies allowed by law. [Ord. 1272 § 1 (Att. 1), 2019.]