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Ordinance - 2470ORDINANCE NO.2470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 16-03, RELATED TO WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF WAY WHEREAS, the City's provisions for wireless telecommunication facilities were last updated in 201 L; and WHEREAS, the City's Municipal Code currently does not have explicit regulat io ns pertaining specifically to wireless telecommunication facilities in the public right-of-way; and WHEREAS, on the 16" day of February 2016, the City Council initiated a code amendment related to wireless telecommunication facilities in the public right-of-way; and WHEREAS, the Planning Commission, did on May 14, 2019 and July 23, 2019, conduct study sessions to consider the initiated code amendment; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 261h day of November 2019 and 2811, day of January 2020, conduct a duly advertised public hearing as prescribed by law to make recommendations to the City Council to approve Code Amendment No. 16-03; and WHEREAS, the City Coined, upon giving the required notice, did on the Srh day of May 2020, conduct a duly advertised public hearing as prescribed by law on the proposed ordinance; and WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and determines that the proposed ordinance is statutorily exempt from the California Environme nta 1 Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment; and WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record. WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY ORDAINS AS FOLLOWS: Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 2 SECTION NO. 1: Section 26-246 of the West Covina Municipal Code is hereby amended to read as follows: See.26-246. - Planning commission may grant conditional use permits for proiects located within all land -use zones. (a) Because there are uses that possess unique characteristics and which are impractical to include in a specific zone as a matter of right, a conditional use permit may be granted for such uses. (b) Notwithstanding any other provisions of this chapter, the planning commission, after application therefor and hearing, after notice in the manner provided in division 1 of this article, may authorize the conditional uses included herein if it finds the proposed location of any such uses will not be detrimental to adjacent property or to the public welfare; and that the uses are essential or desirable to the public convenience and welfare. SECTION NO.2: Section 26-246.5 is hereby added to Chapter 26, Article V1, Division 3 of the West Covina Municipal Code to read as follows: Sec 26-246 5 - Planning commission and city council review for proiects located within the public right-of-way (a)Because there are public ripbt-of-way uses that possess unique characteristics and which are impractical to allow as a matter of right a conditional use permit may be granted for such uses. (fib Notwithstanding any other provisions of this chapter, the planning commission, after application therefor and hearing after notice in the manner provided in division 1 of this article may render a recommendation for city council consideration. (c)The city council after notice in the manner provided in division 1 of this article may consid e r the planning corrmiss in W s recommendat io n and may authorize the public right-of-way conditional uses upon determining that the findings required by See. 26-685-11500 have been met. SECTION NO. 3: Section 26-247 (Required findings for conditional use permit) of the West Covina Municipal Code is hereby amended to read as follows: (a) Prior to the granting of a conditional use permit for projects located within all land -use zones it shall be found: ffl(a-That the proposed use at the particular- location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or community, Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 3 M(b)--That such use will not, render the circumstances of the particular case, be detrunental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. (D(e)--That the site for the proposed use is adequate in size aid is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith (4)(d)—That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channe led through residential areas on local residential streets. (5)(e)-That the granting of such conditional use permit will not adversely affect the general plan of the city, or any other adopted plan of the city. (b) Prior to the granting of a conditional use permit for projects located within the public right- of-way it shall be found that the findings required by Sec 26-685-11500 have been met. SECTION NO.4: The Chapter 26, Article XII, Division 16 title of the West Covina Municipal Code is hereby amended to read as follows: DIVISION 16 —WIRELESS TELECOMMUNICATION FACILIT ES WITHIN ALL LAND -USE ZONES SECTION NO, 5: Section 26-685.983 (Exemptions.) of the West Covina Municipal Code is hereby amended to read as follows: The regulations of this division do not apply to the following: (1) Single ground- mounted, building- mounted, or roof -mounted receive- only AM/FM radio or television antennas, DBS dish antennas, amateur and/or citize ns band radio antennas, for the sole use of the occupant of the parcel on which the antenna is located. (2) Wireless telecommunications facilities owned and operated by the city or other public agency when used for emergency response services, public utilit ies, operations, and maintenance. (3) This exemption does not apply to free-standing or roof -mounted satellite dish antennas greater than twenty-one (21) inches in diameter. (4)Wnnless telecommunication facilities located in the public right-of-way, which are regulated under Article XII (Special Regulations for Unique Uses), Divis io n 29 (Wireless Telecommunication Facilities in the Public Right -of -Way) of this chapter. SECTION NO.6: Section 26-685.984(a) through (b) of the West Covina Municipal Code is hereby amended to read as follows: Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 4 (a) No wireless telecommunication facilities are permitted in residential zones except for the following: (1) Wireless telecommunication facilities listed under section 26-685.983(l) and (2). (2) Wireless telecommunication facilities located in the public right-of-way, which are regulated under Article XII (Special Regulations for Unique Uses), Division 29 (Wireless Telecommunication Facilities in the Public Right -of -Way) of this ciLapter. (3) Wireless telecommunication facilities located in residential canes that are developed with permitted nonresidential uses. (4) Wireless telecommunication facilities consisting of roof -mounted antennas located on multiple -family residential buildings. (b) Antennas with a solid or wine -mesh surface with a diameter or maximum width greater than twelve (12) feet are prohibited in residential zones. SECTION NO. 7: Division 29 is hereby added to Chapter 26, Article XII ofthe West Covina Municipal Code to read as follows: DIVISION 29 — WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY Sec. 26-685.11000. — Purpose This division sets forth a uniform and comprehensive set of development standards for the permitting development placement design, installation, operation, and maintenance of wireless telecommunicat io nfacilit ies within the city's public right-of-way. The pumose of these regulations is to provide clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities This division provides standards necessM (1) for the preservation of the public right-of-way ("PROW") in the city for the maximum benefit and use of the public, (2) to promote and protect public health and safety community welfareand the aesthetic quality of the city consistent with the goals objectives and policies of the general plan, and (3) to provide for the orderly managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws rules and regulations including those regulations of the Federal Communications Commission ('FCC') and California Public Utilities Commission ("PUC'1 and (4) to ensure that the use and enjoyment ofthe PROW is not inconvenienced by the use ofthe PROW for the placement of wireless facilities. See, 26-685.11100. - Applicability (I)Tbis division applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way. (2)Pre-Existing Facilities in the PROW. Nothing in this division shall validate any existing illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 5 and receive an encroachment permit when applicable in order to be considered legal and conforming. MTbis division does not apply to the following: (a) Amateur radio facilities; (b)OTARD antennas; (cfacifities owned and operated by the far its use or for public safety_purposes; (d) Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement excepting that to the extent such the terms of state or federal law, or franchise agreement are preemptive of the terms of this division, then the terms of this division shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect Nothing in the exemption sbaH apply so as to preempt the city's valid exercise of police powers that do not substantially impair franchise contract rights; (e) Installation of a COW or a similar structure for a temporary_period in connection T with an emergency or event at the discretion of the cites ' eer, but no longer than required for the emergency or event provided that installation does not involve excavation, movement, or removal of existing facilities. (Public Use Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant to this division will be subordinate to the city s use and use by the public• Sec.26-685,11200. - De£urition (1) "Accessory egw�ment" means any and all on -site equipment including without limitation, back -Up generators and power supply units cabinets coaxial and fiber optic cables connections equupment buildings shelters vaults radio transceivers transmitters pedestals spfice boxes fencing and shielding, surface location markers, meters, regular power supply unhs fans air conditioning units cables and wiring, to wbich an antenna is attached in order to facilitate the provision of wireless telecommunication services. (2) "Antenna" means any system of wires poles rods reflecting discs or similar devices of various sizes materials and shapes includ ing but not limited to solid or wire -mesh dish, horn spherical or bar configured anangernents used for the transmission or reception of electromagnetic signals. (3) "Antenna array" shall mean two or more antennas having active elements extending in one or more directions and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna. (4) "Approval au thorily" means the city officia 1 responsible for reviewing appheatio ns for small cell permits and vested with the authority to approve conditiomllyapprove or deny such applications. (5)"Base station" sball have the meaning as set forth in Title 47 Code of Federal Re t io ns (C F R) Section 1 40001 b(__)(1) or any successor provision. This means a structure or Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 6 equipment at a fixed location that enables FCC -licensed or authorized wireless conmmications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). "Base station" does not encompass a tower or anv eqW ment associated with a tower. Base station includes, without limitation: (q)EgWpment associated with wireless cornmmicatio ns services such as private, broadcast, and public safety services as well as unilicensed wireless services and fixed wireless services such as microwave backbauL 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 cells). (c)Any shucture other than a tower that at the time the relevant application is filed with the city under this division, supports or houses equipment described in paragraphs 1 and 2 of this definition that bas been reviewed and approved under the apphcab le zoning or siting process or under another state or local regW&ry review process even if the structure was not built for the sole or primary purpose of providing that support. (d)'Base station" does not include anv st wtte that at the time the relevant application is filed under this division, does not support or house egj�pt nt described in paragraphs 1 and 2 of this definition. Other structures that do not host wireless telecommunications facilities are not 'base stations." As an illustration and not a limitation, the FCC's definition of "base station" refers to any stmcture that actually supports wireless equipment even though it was not originally intended for that pumose Examples include but are not limited to wireless facilities mounded on buildings utility poles light standards or traffic sigmis A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless egWpment constitutes abase station. (5) "Cellular" means an analog or digita 1 wireless telecommunic atio ns tecbnology that is based on a system of interconnected neighboring cell sites. (6) "City" means the City of West Covina. (7) "Code" means the West Covina Municiyaal Code. (8) "Collocation" means the placement of antennas dishes or similar devices owned or used by two (2) or more telecommunication providers on one (1) antenna support structure, building, pole, or structure. (9) "Concealed " or "concealme nt" means camoufla Bing techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average untrained observer cannot directly view the equipment but would lik e ly recognize the existence of the wneless facility or concealment technique. (10) "COW" means a "cell on wheels," which is a portable self-conta ined wirele ss telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services which facility is temporarily rolled in, or temporarily installed Ordinance No. 2470 Code Amendment. No. 16-03 May 19, 2020 - Page 7 at a location. Under this divisio m the maximum time a facility can be installed to be considered a COW is five days. A COW is normally vehicle -mounted and contains a telescoping boom as the antenna support structure. (11)'Decorative pole" means any pole that includes decorative or ornamental features design elements and/or materials intended to enhance the appearance of the pole or the public rWits-of-way in which the pole is located. (12) 'Distrib uted antenna system' or 'DAS" means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunica do ns service within a specific geographic area or building DAS includes the transport medium the hub and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services. (13) 'Eligib le facilities request" means any request for modifica do n to an existing eli ig b le support structure that does not substantially change the physical dimensions of such structure, involving: Lq)Coflocation ofnew transmission equipment; (h) Removal ofttansmission equipment; (c)Replacement of transmission egli ment (replacement does not include completely replacing the underlying support structure); or (d)Hardening through structura 1 enhanceme nt where such hardening is necessary to accomplish the eligible facilities request but does not include replacement of the underlying support st wture. 'Efigib le facilities request" does not include modificatio ns or replacements when an elig ib le support structure was constructed or deployed without proper local review was not required to undergo local review, or involves eq4ment that was not properly approved Thgib le facilit ie s request" does include collocation facilities satisfying all the requirements for anon -discretionary collocation facility pursuant to Govemment Code Section 65850.6. (14) "Eligible support structure" means any support structure located in the PROW that is existing atthe time the relevant application is filed with the city under this division. (15) "Existing" means a support structure wireless telecommunications faeility, or accessory equipment that has been reviewed and approved under the ckVs applicable zoning or permitting process or under another applicable state or local regulatory review process and lawfully constructed prior to the time the relevant appkatio n is filed under this divisio n. However, a support structure wireless telecommunica do ns facility, or accessory equ�ment 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 division 'Existing" does not apply to M structure that (1) was illegally constructed without all proper local agency approvals or (2) was constructed in noncompliance with such approvals 'Existing" does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 8 (16) "Facility(ies)" means wireless telecommunications facility(ies). (17) 'FCC" means the Federal Communications Commission. (18) 'FCC shot clock" means the presumptively reasonable time frame within which the city generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. The shot clock shall commence on "day zero," which is the day the WTFP application is submitted. (19) "Ground -mounted" means mounted to a pole tower or other freestanding structure which is specifically constructed for the pumose of supporting an antenna or wireless telecommunications facility and placed directly on the ground at grade leveL (20) "Lattice tower" means an open firamework structure used to support one or more antennas typically with three or fora• support legs. (21) 'Located within (or in) the public right-of-way" includes arty facility which in whole or in partitself or as part of another structure rests upon, in, over or under the PROW. (22) Winiste ria 1 permit" means any city -issued non-discretio nary permit required to commence or complete any comtructio n or other activity subject to the city's jurisdictio n. Ministeria I permits may include without limita do n, a building permit, construction permit electrica 1 pemut encroachment permit, excavation permit and/or traffic control perm t. (23) "Modification" means a change to an existing wireless telecommunications facility that involves any of the following: collocatio n, expansion, aheratio n, enlarge me nt, intensification, reduction, or augmentation, including, but not limited to changes in size shape color, visual design, or exterior material. "Modification" does not include repair, Leplacement or maintenance if those actions do not involve whatsoever any expansion, alteration, enlarge me rn intensificatio n, reduction, or augmentatio n of an existin g wireless telecommunications facility. (24) "Monopole" means a structure composed of a pole or tower used to support antennas or related egWpmern A monopole includes a monopine monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g. water tower). (25) "Mounted" means attached or supported. (26) "OTARD antennas" means antennas covered by the "over -the -air reception devices" rule in 47 C.F.R. sections 1.4000 et seq. as may be amended or replaced fiom time to time. (27) 'Permittee" means any person or entdy granted a wireless telecommunication facilities permit (WTFP)_pursuant to this division (28) 'Personal wireless services" shall have the same meaning as set forth in 47 United States Code Section 332(c)(7)(C)(i) as may be amended or superseded, which defines the term as commercia 1 mobile services- unhce nsed wireless services and common came r wireless exchange access services. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 9 (29) "Planning director" means the director of commwiity development, or his or her designee. (30) 'Pole" means a single shaft of wood steel, concrete or other material capable of Srmr�7ortLnu the eq�ment mounted thereon in a safe and adequate manner and as required by provisions ofthis code. (31) "Pubfic right-of-way" or "PROW" means a ship of land acquired by reservation. dedication, prescription, condemnation, or easement that allows for the passage of people and goods The PROW includes but is not necessarily limited to, streets, curbs, Quitters sidewalks roadway medians parkways and parking strips The PROW does not include land owned controlled or operated by the city for uses unrelated to streets or the passage of people and goods such as without limitation, parks, city ball and connruuuity center lands city yaWs, and lands supporting reservoirs, water towers, police or fire facilities and non -publicly accessible utilities (32) "City Engmeer" means the City Engineer, or his or ber desigt e (33) 'Replace me nt" refers only to replacement of transmissio n equipment, wirele ss telecommunicatio ns facilities or eha le support structures where the replace me nt structure will be of hike -for -like kind to resemble the appearance and dimensions of the structure or equipment replaced including size height, color, kridscaping, materials and Sbyle. UIn the context of determining whether anapplication qualifies as an ehwble facilities request- the term "replacement" relates only to the replacement of transmiss io n equipment and does not include replacing the support structure on which the eq*ment is located. bb)ln the context of determining whether a SWF application qualifies as being placed Amon a new a iQr le support structure or qualifies as a collocation, an appficatio n proposing the "replacement" of the underlying support structure qualifies as a new pole proposal (34)"Radiofreg ue nc Y emissio ns " (RF ) means the electromagnet is signa is transmitted and received using wireless telecommunication antennas. 35 "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 U.S.C. § 1455(a), as may be amended. The Middle Class Tax Relef and Job Creation Act of 2012 is also referenced herein occasionally as the "Spectrum Act". "Small cell" means a low -powered antenna (node) that has a range of ten meters to two kilometers The nodes of a "small cell" may or may not be connected by fiber. "Small, " for purposes of "small cet" refers to the area covered not the size of the facility. "Small cell" includes but is not limited to devices generally known as microcells, picocells and femtocells. (37)"Small cell network" means a network of small cells. 38"Substantial change" bas the same meaning as "substantial change" as defined by the FCC at 47 C F R 1 40001(bb)(7) Notwithstanding the definition above, if an existing Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 10 pole -mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure such modification may be deemed a non -substantial change, in the discretion of the planning director and based upon his/her reasonable consideration of the cabinet's proxmnky to residential view sheds interference to public views and/or degradation of concealment elements If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project the planning director may allow for a ground mounted cabinet A modification or collocation results in a "substantial change" to the physical dimensions of an eli bgi le support structure if it does any of the following: WIt increases the height of the structure by more than ten percent or more than ten feet, wbichever is greater; (b)It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; Lc)It involves nistallatio n of more than the standard number of new equip me nt cabinets for the technology involved but not to exceed four cabinets. However, for towers and base stations located in the public rights -of -way, it involves installation of any new egwpment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure or else involves installation of ground cabinets that are more than ten percent larger in height or overall vohmw than any ther ground cabinets associated with the structure; (d)It entails any excavation or deployment outside the current site. For purposes of this subsection; excavation outside the current site occurs where excavation more than 12 feet from the eligible support structure is proposed; (e)It defeats the concealment or stealthing elements of the eligible support sbwture; or (I It does not comply with conditions associated with the siting approval of the consbuction or modification of the eliAble support structure, provided however that this limitation does not apply to any modification that is non -compliant only in a manner that would not exceed the tbresholds identified in paragyhs 1. through 4. of this definition. For all proposed collocations and modifications a substantial change occurs when: (i) The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved but not to exceed four equipment cabinets; (iiZ The proposed collocatio n or modification would defeat the conceahne nt elements of the support structure; or iii 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 that is inconsistent with the thresholds for a substantial change described in this section. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 11 The thresholds and conditions for a "substantial change" described in this section are disjunctive such that the violation of any individ ua 1 threshold or condition results in a substantial change The height and width thresholds for a substantial change descrbed in this section are cumulative for each individual support structure. The cumulative limit is nwasured from the ph3Tical dimensions of the original structure for base stations and for all other facilities sites in the PROW from the smallest physical dimensions that existed on or after February 22 2012 inclusive of originally approved -appurtenances and any modifications that were approved prior to that date. (19)"Support structure" means a tower, pole base station or other structure used to support a whuless telecommunications facility. (40)"SWF" means a "small wireless facility" as defined by the FCC in 47 C.F.R 1.6002(D as may be amended which are personal wireless services facilities that meet all the fallowing conditions that, solely for convenience, have been set forth below: (a)The facility: Is mounted on an existing or proposed structure 50 feet or less in height, including antennas as defined in Title 47 C.F.R Section 1.1320(d); or ii Is mounted on an existing or proposed structure no more than ten percent taller than other adjacent structures; or Does not extend an existing structure on which it is located to a hei A of more than 50 feet or by more than ten percent, whichever is greater; (b)Each Each antenna associated with the deployment excluding associated ante nna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in vohame• (q)AR other wireless equipment associated with the structure includ ing the wirele ss equipment associated with the antenna and any pre-existing associated equipme nt on the structure is no more than 28 cubic feet in volume; (d)The facjlity does not require antenna structure re0stration under 47 CX R Part 17• (e)Tbe facility is not located on Tnbal lands as defined under Title 36 C.F.R. Section 800.16(x); and (f) The facility does not result in burnan exposure to radiofrequency radiation in excess of the applicable safety standards specified in Title 47 C.F.R. Section 1.1307(b). (41)'Telecommunications tower" or "tower" bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. � 1.40001(bb)(9)including without limitation a freestanding mast pole monopole guyed tower, lattice tower, free standing tower or other structure designed and bujlt for the sole or primary_pumose of supporting any FCC -licensed or authorized antennas and their associated facjlitie s includ ing structures that are constructed for wireless communications services inchrding but not limited to, private, broadcast and public safety services as well as unlicensed wireless services and fixed Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 12 wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. (42)'Transmission egWpment" means egui merit that facilitates transmission for any FCC - licensed or authorized wireless con mniication service including, but not limited to, radio transceivers antennas coaxial or fiber-optic cable, and regular and backup power Wyly The term includes egWpment associated with wireless communications services including, but not limited to private broadcast, and pubhe safety services as well as unlicensed wireless services and fixed wireless services such as microwave backbaul. (43)"Utility pole" means M pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated bythe California Pubfic Utilities Conmission. Atelecommunications tower is not a idity pole. (44)"Wireless telecommunications facility" means a mechanical device, land, and/or shucture that is used to transmit and/or receive electromagnetic signals, including but not limited to antennas microwave dishes horn, and other types of equipment for the transmission or receipt of such signals free-standing wireless facilities egWpment buildings or cabinets parking areas and other accessory development Exceptions: The term "wireless telecommunications facility" does not apply to the following: (a)Government-owned and operated telecommunications facilities, (b)Emergency medical care provider -owned and operated telecommunications facilities. (c)Mobile services providing_pubfic information coverage of news events of a tempomy nature. (d)Any wireless telecommunications faeflAies exempted from this code by federal law or state law. 45 "Wireless telecommunications services" means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not be limited to the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.0 § 332(c)(7)(C) or its successor statute, cellular service personal commmication service and/or data radio telecommunications. (466"WTFP" means a"wireless telecommunications facility permit" required by this division, which may be categorized as either a maior WTFP or a minor WTFP. Sec 26-685 11300 - Wireless telecommunications facility permit (WTFP) review authority. (1lAdministration. The planning director is responsible for administering this division. As part of the administration of this division, the director may: (a)hrterpret the provisions of this division, Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 13 (b Develop forms and procedures for submission of apphcatio ns for placement or modification of wireless facilities and proposed changes to any support structure consistent with this division; OCollect, as a condition of the completeness of any applicafton, any fee established by this dam, OPstablish deadlines for submission of information related to an appheatio n, and extend or shorten deadlines where appropriate and consistent with federal laws and retions• Issue any notices of incompleteness requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; (1 Require as part of and as a condition of completeness of any application, that an applicant for a wireless telecommunication facilities pemut send notice to membe rs of the public that may be affected by the placement or modification of the wirele ss facility and proposed changes to any support structure; (g) Subject to appeal as provided herein, determine whether to approve approve subject to conditions, or deny an application; and (b) Take such other steps as may be required to timerupon applications for placement of wireless telecommunicatio ns facilities includ ing issuing writte n decisions and entering into agreements to mutually extend the time for action on an application (2)Adnvnist rat i ve review ("Minor WTF P ") requited, (a)Certain wireless telecommunicatio n facilities collocatio ns, modifica do ns, or replacements to an e' ble support structure is subject to the planning director's review of an Administrative Review application, if the following criteria are met: The proposal is deternvned to be for a SWF or an eligible facilities request; and ii The proposal coMfies with the adopted Design Guidelines for Wireless Telecommunication Facilities in the PROW; and The location of the proposed wireless telecommunication facility is no less than 500feet from anexisting orapproved wieless telecommunication facility location; and jv The location of any proposed SWF is no less than 500 feet fiom the location of a proposed SWF within the same application bundle. phi the event that the planning duector determine s that arty minor WTFP applicatio n submitted does not meet the appficatio n criteria of this division, the director shall convert the application to a major WTFP and refer it to the planning commissio n for consideration at a public hearing. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 14 (3)Major Wireless Telecommunications Facilities Permit ('Major WTFP') required. All new wireless telecommunicatio ns facilities or replacements collocatio ns or modifica do ns to a wireless telecommunications facility that are not qualified for an Administrative Review shall require a Major WTFP subject to planning conmission hearing and approval unless otherwise provided for in this division (4)01her Permits Required In addition to any pennit that may be required under this division the applicant must obtain all other required prior permits or other approvals from other city departments/divisions or state or federal agencies. Any permit granted under this division is subiect to the conditions and/or requirements of other required prior permits or other approvals from other city departments/d ivisio n, state or federal agencies. Build ing a nd encroachment permits and all city standards and requirements therefor are applicable The Planning_ Director and/or Planning Commission approval of anypemuts pursuant to this division does not constitute an encroacbment permit and/or other permits issued by other dy departments/division to allow the physical installation of the wireless telecommunications facility. Sec 26 685 11400 - Wireless telecommunications facility permit application submittal ,requirements. C1)General The applicant shall submit a paper copy and an electronic copy of my ppficatio n amendments modifications or supplements to a WTFP application, or responses to requests for information regarding a WTFP including all applications and requests for authorization to construct install, attach operate collocate modify, reconstruct relocate or otherwise deploy wireless facilitie s within the e ty's imisdic do na 1 and territoria 1 boundaries within the PROWs in accordance with the provisions of this section (a)The city requires a pre -application submittal meeting for a major WTFP. The city does not require a pre -application submittal meeting for a minor WTFP, however, the city stroppjy encorrages applicants to schedule and attend a pre-applicatio n submitta 1 conference with the approval authority for all proposed minor WTFP projects and particularly those that involve more than five minor WTFPs. o Pre -submittal conferences do not cause the FCC shot clock to begin and are intended to streamline the review process through informal discussion that includes without Rmitation, the appropriate project classification and review process,• any latent issues in connection with the proposed project including compliance with generally applicable Hiles for public health and safety potential concealment issues or concerns (if applicable); coordinatio n with other city departments/d iv is io ns responsible for application review, and application completeness issues Q To mitigate unnecessary delays due to applicafro n incomple to ness applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide n forma 1 feedback and guidance about whether suc h applications or other materials may be incomplete or unacceptable. The approval authority shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre -submittal conference. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 15 iii Any request for a pre -submittal conference shall be in writing and shall confirm that any drafts to be provided to the city at the pre -submittal conference will not be deemed as "submissions" triggering the start of any FCC shot clock. All applications for WTFPs shall be initially submitted to the planning division Each applicant shall fully and completely submit to the eity a written application on a form prepared by the Planning division. (c)Major WTFP appficatio ns must be submitted to the planning division at a schedule d appfication submission appointment City staff will endeavor to provide appficants with an appointment within five business days after receipt of a written request therefor. A WTFP appfication will only be reviewed upon submission of a complete application therefor. A pre -submission appointment is not required for minor WTFPs. (d)For SWF applicants may submit up to five individual applications for a WTFP in a batch; provided however, that SWF in a batch must be proposed with substantially the same equipment in the same configuration onthe same support structure type Each application in a batch must meet all the requirements for a complete appfication, which includes without limitation the application fee for each site in the batch If any application in a batch is incomplete the entire batch shall be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch as described in this division, the entire batch shall be deemed withdrawn. If any appfication in a batch fails to meet the required findings for approval, the entire batch shall be denied. (e)lf the wireless telecommunications facility will also require the installatio n of fiber, cable, or coaxial cable such cable installations shall be included within the application form and processed in conjunction with the proposal for vertical support stluctire(s). Appheants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the PROW. Standalone applications for the installation of fiber, cable, or coaxial cable or accessM eqW mgnt designed to serve an antenna must include all features of the wireless telecommunications facility proposed. (2)Apphcatio n Contents —Minor WTFPs. The content of the application form for facilit ie s subject to a minor WTFP sball be determined by the planning director in addition to all other information reasonably deemed necessary, but at a minimum sball include the following; (a)The name of the applicant its telephone number, mailing address electronic mail address and colact information, and if the applicant is a wireless infi-astructure provider, the name and contact information for the wireless service provider that will be using the wireless facility. (b)The name of the owner of the structure if different from the applicant, and a signed and notarized owner's authorization for use of the structure. (c)A complete description of the proposed wireless telecommunications facility and any and all work that will be required to install or modify it including but not limited to, details regarding proposed excavation, if any detailed site plans showing the location of the wireless telecommunications facility and dimensioned drawings with specifications for each element of the wireless facility, clearly describing the site and all structures and fadkies at the site before and after installation or modification; and a dimensioned map Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 16 identifying and describing the distance to the nearest residential dwelling unit and any bistorica 1 structure within 250 feet of the fadity, Before and after 360 degree photo simulations shall be provided. (d)Documentation sufficient to show that the proposed fadity will comply with eng erally- aMhcable health and safety_ provisions of the municipal code and the FCC's radio fequeM emissions standards. (f) A copy of the lease or other agreement, if any, between the appficant and the owner of the property to which the proposed facility will be attached. If the application is for a SWF the application shall state as such and shall explain why the proposed facility meets the definition ofaSWF. (h If the applicatio n is for an eliglb le facilities request the applicatio n shall state as such and must contain inforim ion sufficient to show that the application qualifies as an eho b le facilities request, which information must demonstrate that the eligible support structure was not constructed or deployed without proper local review, was not required to undergo local review, or involves eq_ ment that was not properly approved This shall include copies of all applicable local pemuts in -effect and as -built drawings of the current site. Before and after 360 degree photo simulations shall be provided, as well as documentation sufficient to show that the proposed facility will comply with eg neraliy- applicable health and safety provisions of the manic ipa 1 code and the FCC's radio frequency emissions standards. (i) For SWFs, the application shall also contain; (i) Application Fee The applicant shall submit the applicable SWF WTFP appfication fee established by city council resokition. Batched applications for Major WTFP projects must include the applicable application fee for each SWF in the batch Construction Drawings. The applicant shall submit true and correct construe do n drawings prepared signed and stamped by a California licensed or registe re d enoneer, that depict all the existing and proposed improvements equipment and conditions related to the proposed project which includes without limitation any and all poles posts pedestals traffic signals towers streets sidewalks pedestrian ramps driveways, curbs gutters drains bandholes manholes fire hydrants equipment cabinets antennas cables trees and other landscape features. The constructio n drawings shall• (i) contain cut sheets that contain the technic a 1 specifications for all existing and proposed antennas and accessorygwAment which includes without limitation the manufacturer, model number, and physical dimensions; (ii) identify all struchnes within 500 feet from the proposed project site and indicate such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data backhaul utilities which shall include the locations for all conduits cables wires handholes junctio ns, transformers, meters, disconnect switches and points of connection; and (iv) demonsttate that proposed project will be in full compliance with all applicable health and safety laws regulatio ns or other rules which includes without limitatio n all building codes, electric codes local street standards and specifications, and public utility regWations and orders. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 17 iii Site Survey. For any SWF proposed to be located within the PROW, the applica nt shall submit a survey prepared signed and stamped by a Califomia licensed or registered engineer. survey The must identify and depict all existing boundarie s encroachments and other st whnes within 500 feet from the proposed project site, which includes without limitatio n all: (i) traffic lanes; (n) all private properties and property lines• (in) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants roadside call boxes and other public safe ty infrastructure,• (,v) streetlights decorative poles, traffic simals and permanent signage• Lvi) sidewalks driveways,parkways curbs gutters and storm drains• (vii) benches trash cans mailboxes kiosks and other street furniture; and (viii existing trees, planters and other landscaping features. iv Photo Simulations The applicant shall submit site photo rgraphs and 360 degphoto simulations that show the existing location and proposed SWF in context from at least three vantage points within the public streets or other pubfiely accessible spaces together with a vicinity map that shows the proposed site location and the photo location for each vantage point. (v) Project Narrative and Justification. The applicant shall submit a written statement that explains in plaits factual detail whether and why the proposed wireless facility ,qualifies as a SWF as defined by the FCC in 47 C.F.R. 1.6002(b. A complete written narrative analysis will state the applicable standard and all the facts that allow the pity to conclude the standard has been met bare conclusions not factually sWporte d do not constme a complete written analysis. As part of the written statement the app&cant must also include (11) whether and why the proposed support is a shvcture as defined by the FCC in 47 C F.R. § 1.6002(m); and (ii) whether and why the proposed wireless facility meets each required finding for a SWF permit as provided in Section 12.18.060 Review Procedure). vi RF Compliance ReportThe applicant shall submit an RF exposure compliance report that certifies that the proposed SWF as well as any collocated wireless facilities will conj* with applicable federal RF exposure standards and exposure Emits. The RF report must be prepared and certified by an RF engineer acceptable to the city The RF report must include the actual fiequency and power levels (in watts ERP) for all existing, and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that tetrn is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC) Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. (vii)Reaulatory Audhorizatio D. The applicant shall submit evidence of the applicant' s regulatory status under federal and California law to provide the services and construct the SWF proposed in the application. vjii Site Aexeement For any SWF proposed to be installed on any structure owned or controlled by the city and located within the public rights-of-way,the applicant must Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 18 enter into a site agreement prepared on a form prepared by the city and approved by the city attorney that states the team and conditions for such non-exclusive use by the applicant No changes shall be permitted to the city's form site agreement except as may be indicated on the form itself. Any ullpemvtted cbanges to the eity's form site agreement shall be deemed a basis to deem the application incomplete. (ix) Acoustic Analysis The applicant shall submit an acoustic analysis prepared and certified by an acoustic engineer for the proposed SWF and all associated equipment includ ing all environme nta 1 conhol units sump pumps temporary backup power generators and permanent backu power generators demonstrating compliance with the following noise re tions: 1 Backup generators shall only be operated during periods of power outa eg s and sball not be tested on weekends or holidays or between the hours of 7:00 p.m and 7:00 am; 2 At no time shall egtd�lment noise from any facility exceed an exterior noise level of 55 dBA three feet from the source of the noise if the facility is located in the public riglit-of-way adjacent to a business commercial, manufacturing utility or school zone; provided however, that for any such facility located within 500 feet of M propeM caned residential or improved with a residential use, such equipment noise shall not exceed 45 dBA three feet from the sources of the noise. 3 The acoustic analysis shall also include an analysis of the manufactlr e rs' specifications for all noise -emitting equ�rnent and a depiction of the proposed equipment relative to all adjacent property lines In lieu of an acoustic anal} s is, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. W Wind Load Analysis The applicant shall submit a wind load analysis with an evaluation of high wind load capacity and shall include the impact of modificat io n of an existing facility. xi Environmental Data A completed environmental assessment application, or in the altelnative am and all documentation identifying the proposed WTFP as exempt from environmental review (der the California Environmental Quality Act, Public Resources Code 21000— 21189 the National Enviro nme nta 1 Policy Act, 42 U.S.C. 44321 et seg.,or related environmental laws) Notwithstanding any determination of environmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application. xii Traffic Control Plan A traffic control plan when the proposed installation is on any street irr a non-residential zone The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment e.g. crane). xifi Landscape Plan A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping concealment screening and proposed Ordinance No. 2470 Code Amendment No. 16.03 May 19, 2020 - Page 19 irrigation with a discussion of how the chosen material at maturity will screen the SWF and its accessory equipment. xiv CPCN Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the PROW. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy ofits CPCN. (xvi Master Depl )qw nt Plan A master deployment plan showing the locations of existing and proposed small wireless facilities over the next two gars. (i)If the applicant contends that denial of the applicatio n would prohibit or effective ly prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application or FCC shot clock. MAppfication Contents —Major WTFPs The application form for amajor WTFP shall require the following information, in addition to all other information determined necessary by the planning director: (a)The name address and telephone number ofthe applicant owner, and the operator of the proposed wireless telecommunication facility. b(b)If the applicant does not or will not, own the support structure the applicant shall provide a duly -executed letter of authorization from the owner of the structure. If the owner of the support structure is the applicant but such owner/applicant will not directly provide wireless telecommunications services the owner/applicant shall provide a duly -executed letter of authorization from the persons) or entity(ies) that will provide those services (c)A full written descripfio n of the proposed wireless telecommunicatio ns facility and its purpose. (d)Detailed engineering plaw of the proposed wireless telecommunications facility and related report prepared by a professional engineer registered in the state documenting the following: Heighit/e le vatio n, diameter, layout and design of the facility, includ ing technic a 1 engineering specifications economic and other pertinent factors goveming selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least intrusive equipment within the particular technology available to the carrier for deployment. (iii) A photograph and model name and number of each piece of the facility or proposed antenna array and accessory equji went included. iii Power output and operating frequency for the proposed antenna array (including any antennas existing as of the date of the application serving the carrier identified in the a lication). Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 20 iv Total antic'' ated�capacity of the wireless telecommunications facility for the subject carrier, indicating the number and types of antennas and power and frequency ranges, which can be accommodated. (y) Sufficient evidence of the structural integ ty of the support structure as required by the city. (e)A written descriptio n identifying the geographic service area to be served by the proposed WTFP plus geographic or propagation maps showing applicant's service area objectives (f) A justification study which includes the rationale for selecting the proposed wireless telecommunication facility design, support structure and location. A detailed explanat io n of the applicant's coverage objectives that the proposal would serve and how the proposed use is the least intrusive means for the applicant to cover such objectives. This shall include: ol A meaningful comparative analysis that includes all factual reasons why proposed location and design deviates fiom, or is the least compliant means o£ or not the least intrusive location and design necessary to reasonably achieve the appReads reasonable objectives of covering an established significant gap (as established under state and federal law). The study sball include all eli blg� e support structures and/or akmative sites evaluated for the proposed major WTFP, and why the alternatives are not reasonably available technically feasible options that most closely conform to the local values. The alternative site analysis must include the consideration of at least two ehgib le cgMport strictures• or, if no ehale le support faeilities are analyzed as alternatives why no ehwble support facilities are reasonably available or technically feasible. �jW If a portion of the proposed facility lies within a jurisdiction other than the city's jurisdiction, the applicant must demonstrate that alternative options for locating the project fully within one jurisdiction or the other is not aviable option. Applicant must demonstrate that it bas obtained all approvals from the adjacent jurisdiction for the installation ofthe extra -jurisdictional portion ofthe project. W Site plans) to scale specifying and depicting the exact location ofthe proposed wireless telecommunications facility location of accessory equipment in relation to the support structure access or utility easements existing utilities, adjacent land uses, and showing compliance with all design and safety requirements set forth in this division. I(h)i A completed environmental assessment apphcatio n, or in the alternative any and all documentation identif�mg the proposed WTFP as exempt from environmental review (under the California Environmental Quality Act Public Resources Code 21000-21189, the National Environmental Policy Act 42 U.S.C. 4 4321 et seq., or related environmental laws) Notwithstanding any determination ofenvironmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application (i) An accurate visual nnpact analysis showing the maximum silhouette view -shed analysis, color and finish palette and proposed screening for the wireless telecommunic atio n s facility, including scaled photo simulations from at least three different angles Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 21 (Nompletion of the RF emissions exposure guidelines checklist contained in Appendix A to the FCC's 'Local Government Official's Guide to Transmitting Antenna RF Emiss io n Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC. (k)For For a facility that is not categorically excluded under the FCC regulations for RF emissions the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF expostne standards and exposure limits The RF report mmst include the actual frequency and power levels (in watts effective radio power 'ARP') for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF eMostres in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC) Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. Copies of M documents that the applicant is regt»red to file pursuant to Federal Aviation Administration regulations for the proposed wireless telecommunications facility. (m) A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this code including Chapter 15 Article IV (Noise Regulations) of this code. (n) A traffic control plan The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g., crane). (o)A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping concealment screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the wireless telecorm unication facility- (p)Certification that applicant is a telephone comoration, or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant bas a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Conrnission, A sba11 provide a copy of its CPCN. (q)Evidence that the proposed wireless facility qualifies as a personal wireless services facility (1)Address labels for use by the city in noticing all property owners and occupants of properties within 300 feet of the proposed wireless telecommunication facility and, if applicable all pubfic heating ittformatio n required by the mule ipa 1 code for public noticing requirements. (s)Any other information and/or studies reasonably determined to be necessary by the phming director(s) may be required. (4)Appfication Fees and Deposits For all WTFPs appficafton fee(s) and the establishment of deposits to cover outside consultant costs shall be required to be submitted with any Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 22 appfication, as established by city council resolution and in accordance with California Government Code Section 50030. (a)Reasonable costs of city staff consultant and attomev time (including that of the city attorney) pertaining to the review, processing noticing and hearing procedures directly attributable to a WTFP shall be reimbursable to the city. To this end, the p1mmin g director, as applicable may require appficants to enter a deposit reimburse me nt agreement, in a form approved by the city attorney, or other established deposit accounting mecbanism for pumoses of obtaining an applicant deposit from which the direct costs of city processing of an application may be drawn -down. (5) Effect of State or Federal Law on Application Process. In the event a state or federal law prolubits the collection of any information or appfication conditions required by this section, the planning director is authorized to omit, modify, or add to that request from the city' s applicatio n form in consuhatio n with the city attorney. Requests for waivers from any appfication requirement of this section shall be made in writing to the plarniing director. The planning director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of awaiver the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the WTFP sought. All waivers approved pursuant to this subsection shaft be (1) granted only on a case -by -case basis, and (2) narrowly -tailored to minimize deviation from the requirements of the rrnuicipal code. (6)Appficatio ns Deemed Withdrawn. To promote effic ie nt review and timely decisions any applicatio n governed by this divisio n will be automatica lly deemed withdrawn by the applicant wben the applicant flails to tender a substantive response to the city on any appfication within 30 calendar days after the application is deemed incomplete in a written notice to the applicant The planning director (as applicable) may grant awritten extension for pp to an additional 30 calendar days when the applicant submits a written request prior to the application deemed automatically withdrawn that shows good cause to grant the extension. (7)Waiver of Applications Superseded by Submission of New Project If an applicant submits a WTFP appfication, but substantially revises the proposed facility during the application process prior to arty city hearing or decision on such application the substantially revised appfication shall be deemed a new application for all processing purposes including FCC shot clocks and the prior submittals deemed waived and superseded by the substantially revised application For purposes of this subparagraph "substantially revised" means that the project as initially -proposed bas been ahemately proposed for a location 300 feet or more from the original proposal or constitutes a substantial change in the dimensions or egWpment that was proposed in the original WTFP appfication (Rejection for Incomplete ness WTFPs will be processed and notices of incomple to ne ss provided in conformity with state local, and federal law. If such an application is incomplete it may be rejected by the planning director by notifying the applicant in writing and specifying the material omitted from the application Sec. 26-685.11500. - Review procedure. (General Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risk to pubfic safety and utilizes installation of new support structures or Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 23 eglgp ent cabinets in the PROW only after all existing and replacement structure options have been exhausted and where feasible places equ�ment underground and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the PROW and ensures that the city bears no risk or liability as a result of the installations and that such use does not inconvenience the public, interfere with the primary uses of the PROW or hinder the ability of the city or other government agencies to improve, modify, relocate abandon, or vacate the PROW or M portion thereof or to cause the improvement modification, relocation, vacation, or abandonment of facilities in the PROW. Collocation Encouraged Where the facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing facility, the owner and operator of the existing facility shall allow collocation of third -party facilities provided the parties can mutuallyagree upon reasonable terms and conditions therefor. Findings Required for Approval of a WTFP. Oa Minor WTFP for SWF. For minor WTFP applications proposing a SWF, the planning director or planning comnissio n shall approve such applicatio n i£ on the basis of the applicatio n and other materials or evidence provided in review thereof all of the following findings can be made: The facility qualifies as a SWF; The facility is not detrimental to the public health, safety, and welfare, The SWF meets applicable requirements and standards of state and federal law• (vi) The facilty meets applicable requirements under ibis division and complies with the adopted Design Guidelines. (b Minor WTFP for EFR For minor WTFP applicatio ns proposing an eligib le faciht ie s request the planning director shall approve such applicatio n i£ on the basis o f the applicatio n and other materials or evidence provided in review thereof all of the following findings can be made: Q That the appfication qualifies as an eligble facilities request; and That the proposed facility will comply with all mnerally-pplicable laws Major WTFP No major WTFP sbafi be granted unless all of the following findings are made by the applicable decision -maker: The proposed wireless telecommunications facility has been designed and located in compliance with all applicable provisions of this division; If applicable the applicant has demonstrated its inability to locate on an eligible Mort structure; iii The applicant has provided sufficient evidence supportingthe applicant's claim that it has the right to enter the public ri t-of-way ppiusuant to state or federal law, or the Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 24 applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way• iv If applicable the applicant has provided sufficient evidence supporting the applicant's claim that compliance with the adopted Design Guideline s would be technically infeasible; (y) The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technic all y infeasible or not reasonably available. (Noticing The provisions in this section describe the procedures for the approval process any required notice and pubic hearines for a WTFP application. (Major WTFP Applications Any major WTFP application shall require notice and a public hearing The public hearing notices shall be provided as set forth in Section 26- 206 of the West Covina Municipal Code. (5)Notice of Decision. Within five days after any decision to grant, approve, deny, or conditionally grant any WTFP application the planning director, as applicable shall provide written notice based on substantial evidence in the written administrative record including the fallowing: (a)A general explanation of the decision, including the findings required for the decision, if any and how those findings were supported or not supported by substantial evidence• (b)A general description of the property involved; (OInformatio n about applicable rights to appeal the decision, costs to appeal and explanation of how that right may he exercised; and (d)To be given by first class mail to the proiect applicant and property owner,• (e)Once a WTFP is approved no changes shall be made to the approved plans without review and approval in accordance with this division. (f� Because Section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions no decision upon a WTFP shall be premised upon the environmental or health effects of RF emissions nor shall pubic comments be considered to the extent they are premised upon the environmental or health effects of RF emissions. (6)Appeals. (a)An appeal by a wireless infiastructure provider must be taken jointly with the wireless service provider that intends to use the wireless facility. Because Section 332(c)(7 o) f the Telecommunications Act preenjAs local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions appeals of WTFP decision premised on the environme nta 1 effects of radio frequency emissions will not be considered. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 25 (b)WTFP Appeals Any person claiming to be adversely affected by a decision of a major WTFP pursuant to this divisio n may appeal such decision as provided in accordance with the appeal provisions in Section 26-212 of the West Covina Municipal Code. See. 26-685.11600 - Design and development standards. (I)Wireless Telecommunica do n Facility Design and Developme nt Standards. Wirele ss telecommunication facilities in the PROW are subject to the design and develop me nt standards and conditions of approval set forth herein. All wireless telecommunic at io n facilities shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards: (q)Conceahnent All Wireless telecommunication facilities shall employ concealment, screening, undergrounding and camouflage methods and techniques in order to ensure that the facility is visually screened and blends into the environment to prevent the facility from dominating the surrounding area, as well as to be compatible with the architectural character ofthe surrounding buildings or structures per the adopted Design Wdelines. (b) Location. Wireless telecommunication facilities shall not be located within the center median of any street. ii SWFs shall not be located within 15 feet from any structure used for residential purposes in the PCD-1 zone. iii SWFs shall not be located within 30 feet from any structure used for residential pumoses in all other land -use zones outside ofthe PCD-1 zone. (vi) SWFs may not encroach onto or over any private or other property outside the PROW unless on a recorded utility easement. Wireless telecommunication facilities sball not be located within the drip -line of any tree located on private property as set forth in Section 26-294 (Protection of trees during development activity) ofthis code. vi All wireless telecommunications facilities subject to a major WTFP shall not be located in the PROW adjacent to properties used for residential purposes. vii All wireless telecommunications facilities subject to a major WTFP shall not be located in the PROW within 100 feet of designated historic buildings. )Noise. All wu-eless telecommunic atio n facilities and accessory equipment shall comp ly with all applicable noise control standards and regulations stated in this division, including the following: O Backup generators shall only be operated denim periods of power outages and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7.00 a.m.• ii At no time shall egjpnieat noise fiom any facility exceed an exterior noise leve 1 of 55 dBA three feet from the source of the noise if the facility is located in the Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 26 pubfic right-of-way adjacent to a business commercial, manufacturing utility or school wne• provided however, that for any such facility located within 500 feet of M property zoned residentia 1 or improved with a residentia 1 use suc h eguoMent noise shall not exceed 45 dBA flee feet from the sources of the noise. (d�Landscaping Wireless telecormnunica do n facilities shall not displace any existin g landscape features in the PROW unless: (1) such displaced landscaping is replaced with plants trees or other landscape features approved by the pubfic services director or his or ber designee and (2) the applicant submits and adheres to a landscape maintenance plan The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed and the landscape plan must identify proposed landscaping by species type size and location Landscape maintenance shall beperformed in accordance to the pubfic services director, or his or her designee To preserve existing landscaping in the PROW all work performed in connection with wireless telecommunication facifities shall not cause any street trees to be trimmed damaged or displaced. If any street trees are damaged or displaced the applicant shall be responsible at its sole cost and expense to plant and maintain replacement trees at the site for the duration of the permit term (e)No facility shall bear any signs or advertising devices other than certification, warning or other signage required bylaw or permitted by the city. (f� Accessory EqW nwnt Not including the electric meter, all accessory equipment sball be located underground unless city staff determines that there is no room in the PROW for mdergrounding or that undenuounding is not feasible. Such accessory equipment shall be enclosed with a structure and shall be linty screened and camouflaged, including the use of landscaping arebitectural treatment or other acceptable alternate screening method Required electrical meters or cabinets shall be screened and/or camouflaged per the adopted Design Guidelines. Support Struchnes Onlyy pole -mounted antennas shall be permitted in the PROW. Mounting to all other forms of support structure in the PROW are prolubited. (i) Utility Poles Wireless telecommunication facilities proposed to be installed on an existing utility pole must install all antennas above the pole unless the apphc ant demonstrates that mounting the antennas above the pole would be technic a lly infeasible as supported by clear and convincing evidence in the written record. The maximum height of any antenna or eg4n)ent above the pole shall not exceed five (5) feet Antennas must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side -arm mount or extension arm of a wood pole and within the inside of any other pole. The maximum horizontal separation between the antenna and the pole sball be the minimum separation required by applicable health and safety reggations, (ii) Streetfight Poles The maximum height of any antenna and equipment shall not exceed five (5) feet above the existing height of other streetfight pole(s) installed along the same street. Replacement Poles If an applicant proposes to replace a pole that is an eligible Mort structure to accommodate the proposed facility the replacement pole shall. be designed to resemble the appearance and dimensions of existing poles near the Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020. - Page 27 proposed location, including size height, color, materials and style to the maximum extent feasible. iv New Non -Replacement Poles Wireless telecommunication facilities on anew, non - replacement pole must install a new streetlight pole substantially similar to the city's and/or electric utilit v provider' s standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediate ly adjacent to the proposed location If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within anintegrate d enclosure located at the base of the pole. The pole diameter shall not exceed 12 incbes All antennas whether on a new streetlight or other new pole, must be installed above the pole within a single canister style shroud or radome and shall comply with the following_ 1 The new pole must function for a purpose other than placement of a wireless facility (e.g., street light, street sign poles, etc.). Z The design must match the dimensions and design of existing and sinular types of poles and antennas in the surrounding areas. h(b) Obstructions• Pubfic Safety. SWF and any associated egWpment or improvements shall not physically interfere with or impede access to any: (i) Each component part of a facility sball be located so as not to cause any physical or visual obstruction to pedestrian or vebicular traffic incommode the public's use of the rig t-of-way or cause safety hazards to pedestrians and motorists. A facility shall not be located within any portion of the public right of -way interferin g with access to a fire hydrant fire station fire escape water valve underground vallt valve housing structure or any other public health or safety facility. Doors gates sidewalk doors passage doors stoops or other ingress and egress points to any buflding appurtenant to the rights -of -way, (2) Elig1b le Facilities Request Design and Develogg e nt Standards Approved eWib le facilit ie s requests for which the findings set forth in Section 26-685.11500 have been made are subject to the following unless modified by the approving authority: (aJWTFP Subject to Conditions of Underlying Permit Any WTFP granted in response to an appfication quafifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facRky prior to approval of the subject efi ibleg fadity request. (b)No Permit Term Extension The city granting or granting by operation of law, of an eligible facilities request permi constitutes a federally- mandated modification to the underlying permit or approval for the subject tower or base station Notwithstanding any perm* duration established in another perm* condition the cVs granting or granting by operation of law, of an eligible facilities request permit will not extend the petu it term for the underlying penni or any other underling regulatory approval, and its term shall Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 28 have the same term as the underlying permit or other regulatory approval for the subject tower or base station (c)No Waiver of Standing The dys arantuig or gig by operation of law, of an eli ib le facilities request does not waive and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that intee ret Section 6409(a) of the Spectrum Act or any modification to Section 6409(a) of the Spectrm Act. (3)Conditions of Approval All wireless telecommunication facilities shall be subject to conditions of approval as reasonably imposed by the planning director or the approving city body, as applicable as well as any modification of the conditions of approval de emed necessary by the planning director or approving city body. Sec.26-685,11700 Operation and maintenance standards. All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards: (DThe permittee sball at all tunes maintain compliance with all applicable federal, state, and local laws regulations and other rules including, without limitation those app_l iinng to use of the PROW The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved WTFP are maintained in a mapper that is not detrimental or injutious to the public health, safety and general welfare and that the aesthetic appearance is continuously preserved and substantially the same as shown in the approved plans at all times relevant to the WTFP. (2)Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee owner, operator or env designated maintenance agent at its sole cost within 48 hours: After discovery of the need by the permittee owner, operator, or any designated maintenance agent; or (b)After permittee owner, operator, or any designated maintenance agent receives notification from the city. (3)Insumnce The permittee shall obtain and maintain tluoughout the term of the permit a type and amount of insrname as specified by di s risk manageme nt. The relevant poficy(ie s) shall name the city its elected/appointed officials commission members officers representatives, agents and employees as additional insured The permittee shall use its best efforts to provide 30 days prior notice to the city engineer of the cancellation or material modification of any applicable insurance policy (4)rndemnitie s The permittee and if applicable the owner of the property 1pon which the wireless facility is installed shall defend indemnify and hold harmless the city, its agents, officers officials and employees (a) from any and all damages Labilities injuries losses costs and expenses and from any and all claims demands law suits writs ofmandamus and other actions or proceedings brought against the city or its agents officers officials or employees to challenge attack seek to modify, set aside void or annul the crty's approval of Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 29 the permit and (b) from any and all damages liabilities injuries losses costs, and expenses, and any and all claims demands law suits or causes of action and other actions or proceedmgs of any kind or form, whether for personal initny death or property damage arising out of or in connection with the activities or performance of the permittee or, if applicable the private property owner or any of each one's agents employees, license a s, contractors subcontractors or independent contractors In the event the city becomes aware of any such actions or claims the city shall promptly notify the pem ittee and, if applicable, the private property owner and shall reasonably cooperate in the defense The city shall bave the right to approve wbich approval shall not be unreasonably withhe Id, the legal course 1 providing the cVs defense and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course. (5)Performance Bond. Prior to issuance of a wireless encroachment permit, the pemkee shall file with the city, and shall manta m m good standing througho it the term of the approval a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated The securky shall be in the amount equal to 100 percent ofthe cost of removal of the fact ity as specified in the a0fication for the WTFP or as that amount may be modifie d by the city engineer in the permit based onthe characteristics ofthe installation. The pemittee shall reimburse the city for staff time associated with the processing and tracking ofthe bond based on the hourly rate adopted by the city council Reimbursement sball be paid when the security is posted and during each administrative review. Adverse Impacts on Adjacent Properties Petmktee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may atise from the construction, operation, maintenance modification, and removal ofthe facility. All facilities, including each piece of eqj ment shall be located and placed in a manner so as to not interfere with the use of the PROW impede the flow of vehicular or pedestrian traffic impa n• the primary use and purpose of poles/signs/traffic signals or other infrastructure interfere with outdoor dining areas or emergency facilities, or otherwise obstruct the accessibility of the PROW. (7)Contact Information. Each permittee of a wireless telecommunications facility shall provide the city engineer with the name address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ('bodact information"), Contact information shall be updated within seven da}s of any change. (8)All facilities includ ing, but not limited to telecommunica do n towers poles accessory egWpment fighting fences walls shields cabinets artificial foliage or camouflage and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably fi•ee of: (a)Subsidence cracking erosion, collapse weakening or loss of lateral support to cky streets sidewalks wallcs curbs gutters trees parkways street lights traffic signals improvements of any kind or nature or utility lines and systems underground utility line and systems water, sewer, storm drains gas oil, electical, etc) that result from any Ordinance No. 2470 Code Amendment No. 15-03 May 19, 2020 - Page 30 activities performed in connection with the installation and/or maintenance of a wireless facility in the PROW; NGeneral dirt andgrease; (c)Cbipped, faded, peeling, and cracked paint; (d) Rust and corrosion; Cracks, dents, and discoloration; (1 Missing discolored or damaged attific is 1 foliage or other camouflage; Graffiti, bills stickers advertisements litter and debris All graffiti on facilities must be removed at the sole expense ofthe pemittee within 48 hours after notification from the 031, lh Broken and misshapen structural parts; and (1) Any daTmge from any cause. (All trees foliage or other landscaping elements approved as part of the facility shall be maintained in neat, safe and good condition at all tines and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the planning director and public services director. 10 The permittee shall replace its facilities after obtaining all requited permits if maintenance or repair is not sufficient to rettun the facility to the condition it was in at the time of installation Each facility shall be operated and maintained to comply with all conditions of approval The pernttee when directed by the city must perform an inspection of the facility and submit a report to the planning director and city engineer on the condition of the facility to include any identified concerns and corrective action taken. Additionally, as the city performs maintenance on city -owned infrastructure additional maintenance concerns rrra be identified These will be reported to the permittee The city shall give the pennittee 30 days to correct the identified mairtemnce concerns after which the city reserves the MA to take any action it deems necessary, which could include revocation of the permit. The burden is on the pem ittee to demonstrate that it complies with the requirements herein. Prior to issuance of a permit under this division, the owner of the facility shall sign an affidavit attesting to understanding the c' s requirement for perfonmrice of annual inspections and reporting. 12 All facilities permitted pursuant to this division shall comply with the Americans with Disabilities Act. 13 The pem ittee shall be responsible for obtaining power to the facility and for the cost of electrical usage. Interference. Oa The permittee shall not move alter, temporarily relocate change or interfere with any existing structure improvement or property without the prior consent of the owner of Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 31 that structure improvement or property. No structure, improvement, or property owned by the city shall be moved to accommodate a permitted activity or encroacbment, unless the city determine s that such movement will not adversely affect the city or any surrounding businesses or residents and the permittee pays all costs and expenses related to the relocation of the dy's struchre improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the city with documentation establishing to the ckVs satisfaction that the permittee bas the legal riabt to use or interfere with any other structure improvement or property within the PROW or city utility easement to be affected by pemvttee's facilities. (b)The facility shall not damage or interfere in airy way with city property, the city' s operations or the operations of prior -existing, third party installations. The city will reasonably cooperate with the permittee and/or carrier to cant' out such activities as are necessary to correct the interference. M Siwml Interference. The permittee shall correct any such interference within 24 hours of written notification of the interference. Upon the expiration of the 24-hour cure period and until the cause of the interference is eliminated the permittee shall cease operation of any facility causing such interference until such interference is cured. ii Physical Interference The city shall give the permittee 30 days to correct the interfere nee afler which the city reserves the right to take any action h deems necessary, which could include revocation of the pernut. The city at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain• alter, or improve the sites Such actions may temporarily interfere with the operation of the facility. The city will in all cases, other than emergencies, give the applicant 30 days written notification of such planned non - emergency actions. (14)RF Exposure Compliance All facilities shall comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards After transmitter and antenna system optimization, but prior to unattended operations of the facility, the permittee or its reprreserm ive must conduct on -site post - installation RF emissions testing to demonstrate actual comwllance with the FCC Office of Engine ring and Technology Bulletin 65 RF Emissions Safety Rules for General Population/Uncontrolled RF Exposure in All Sectors For this testing the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/ eng eral population limit. (a)Testing of any gjpment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m Testing is prohibited on holidays and weekends. 15 Records The permittee shall maintain complete and accurate copies of all permits and other regulatoryapprovals issued in connection with the facility which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval In the event that the pemrittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties that Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 32 would be resolved t1rough an inspection of the missing records will be construed against the permittee. (16)AttorneYFees In the event the city determines that it is necessary to take legal action to enforce any of these conditions or to revoke a permit, and such legal action is taken, the permittee shall be required to pay an and all costs of such legal action, including reasonable attomey's fees incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved unless the city should otherwise agree with pemnittee to waive said fees or any part thereof The foregoing shall not apply if the pelmittee prevails in the enforcement proceeding. Sec. 26-685.11800 No dangerous condition or obstructions allowed No person shall install. use or maintain any wireless telecommunications facility that in whole or in part rests upon, in or over any publc right-of-way, when such installation, use or maintenance endangers or is reasonably hkely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, Ahe transportation pumoses or other governmental use or when such facility unreasonably interferes with or unreasonab ly impedes the flow of pedestrian or vehicular traffic includ ing any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business the use of poles posts traffic signs or signals hydrants mailboxes permitted sidewalk dining permitted street finniture or other objects permitted at or near said location. See, 26-685.11900 Nonexclusive grant, no possessory interests. (I)No permit or approval granted under this division shall confer any exclusive right, privilege, ficense or franchise to oceWy or use the public right-of-way of the city for any R pose whatsoever. Further, no approval shall be construed as a warranty of title. (2)No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed created by a governme ma 1 entity with taxation authority, the permitte e acknowledges that the city has given to the applicant notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a WTFP may create a possessory interest which may be subject to the payment of property taxes levied upon such interest Wireless telecommunications facility operators shall be solely liable for and shall pay and discharge prior to delinquency any and all possessory irerest taxes or other taxes fees and assessments levied against their rijzht to possession, oecupancy, or use of anv public property pursuant to any right of possession, occupancy, or use created by the WTFP. (3)The permissio n granted by a WTFP shall not in an event constitute an easement on or an encumbrance against the PROW No right, title or interest (including franchise interest) in the PROW or any part thereof shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any p6dege given thereby. Sec 26-685.12000 Permit expiration; abandonment of applications. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 33 (I)Pemit Term. Unless Govemment Code Section 65964, as may be amended, authorizes the city to issue apemrit with ashorter temr, apermit for any wireless telecommunications facility shall be valid for a period of ten (10) years unless pursuant to another ptovision of this code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, suc h pemmt sball automaticallyexpire. (2)A pemuttee may apply for a new pemnt within 180 dates prior to expiration Said applicatio n and proposal shall comply with the cjVs current code requirements for wireless telecommunications facilities. Timing of Installation The installation and construction authorized by a WTFP shall begin within one year after its approval or it will expire without further action by the city.The installation and construction authorized by a WTFP shall conclude, including any necessary post -installation repair and/or restoration to the PROW within 30 days following the day construction commenced. (4)Commencement of Operations The operation of the approved facility sball commence no later than 90 days after the completio n of installa do n, or the WTFP will expire without furthe r action by the city The pernrittee shall provide the planning director and city eriWneer notice that operations have commenced by the same date. See. 26-685.12100 Cessation of use or abandonment. (I)A wireless telecommunicatio ns facility is considered abandoned and sball be promp tly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied If there are two or more users of a single facility, then this provision shall not become e$ective until all users cease using the facility. (The operator of a facility shall notify the planning director and city engineer in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (includ in g t�ermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the planning director and ciky engineer of any discontinuation of operations of 30 days or more (3)Failure to inform the planning director and city engineer of cessation or discontnuatio n of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for: (a)Li6gation; Revocation or modification of the permit; (OActing on any bond or other assurance requited by this article or conditions of approval of the permit; (d)Removal Removal ofthe facilities by the city in accordance with the procedures establisbed under this code for abatement of a pubfic nuisance at the owner's expense; and/or (e)Any other remedies permdted under this code or by law. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 34 Sec 26-685.12200 Removal and restoration —Permit expiration, revocation or abandonment. (I)Upon the expiratio n date of the pernlil including anv extensio ns earlier terminatio n or revocation of the WTFP or abandonment of the facility, the pemrittee, owner or operator shall remove its wireless telecommunications facility and restore the site to the condition it was in prior to the granting of the WTFP except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and s*ty requirements and all ordinances Hiles and regulations of the city. Expired, terminated or revoked wireless telecommunicatio ns facility equipment shall be removed fro m the site at no cost or expense to the city. Failure of the permittee owner or operator to promptly remove its facility and restore the properly within ninety (90) days after expiration, earlier termination or revocation of the WTFP or abandonment of the facility, shall be a violation of this code. Upon a showing of good cause an extension may be granted by the city engineer where circumstances are beyond the control of the permittee after expiration Further failure to abide by the timeline provided in this section shall be grounds for: (a)Prosecution, (b)Acting on any security instrument required by this division or conditions of approval of permtt; (c)Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense• and/or (d) Any other remedies pemritted under this code or by law. (3)Sutntnary Removal. In the event any city director or city engineer determines that the condition or placement of a wireless telecommunications facility located in the public right- of - way, constitutes an immediate dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require irmned iate corrective action (collectively "exigent circumstances"), such director or city enWneer may cause the facility to be removed summarily and immediately without advance notice or a hearing Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible If the owner cannot be identified following reasonable effort or if the owner fails to pick -up the property within 60 days the facility shall be treated as abandoned property. (4)Removal of Facilities by City, In the event the city removes a wireless telecommunications facility in accordance with nuisance abatement procedures stated in CbMter 15, Article IX (Administra tive Nuisance Abatement) of this code or pursuant to the sunmw y remo va 1 procedures of subsection (3) above any such removal shall be without any liability to the city for am damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond collect those excess costs in accordance with this code. Unless otherwise provided herein, the city bas no obligation to store such facility. Neither the permittee, owner nor operator shall bave any claim if the city destroys any such facility not timely removed by Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020. - Page 35 the permittee owner or operator after notice or removal by the city due to exigent circumstances. Sec. 26-685.12300 Effect on other ordinances. Compliance with the provisions of this division shall not relieve a person from complying with any other applicable provision of this code In the event of a conflict between any provision of this division and other sections of this code, this division shall control Sec. 26-685.12400 State or federal law. The imple me ntatio n of this chapter and decisions on applicatio ns for placement of wirele ss telecommunications facilities in the PROW shall, at a minimum ensure that the requirements of this division are satisfied unless it is determined that the applicant has established that denial of an applicatio n would within the meaning of federal law, prohibit or effective Iy prohibit the provision of personal wireless services or otherwise violate applicable laws or regulations. If that determination is made the requirements of this division may be waived, but only to the minimum extent required to avoid the prohibition or violation. Sec 26 685 12500 Legal nonconforming wireless telecommunications facilities in the right- of-way. (ILegal nonconforming wireless telecommunications facilities are those facilities that existed but did not conform to this division on the date this division became effective. (2)Legal nonconforming wireless telecommunications facilities shall, within ten (10) years from the date this division became effective be brought into conformity with all requirements of this article; provided however, that should the owner desire to expand or modify the facility, intensify the use or make some other change in a conditional use, the owner shall comply with all applicable provisions of this code at such time to the extent the city can require .such compliance under federal and state law. )An aggrieved person may file an appeal to the city council of any decision the plannin g director, city engjneer, or other deciding body made pwwuant to this section In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value dates of constmctio n, amortizatio n for tax Moses, salvage value remaining useful life the length and remaining term of the lease under which it is maintained (if any) and the harm to the public if the structure remains standing beyond the prescribed amortization period and set an amortization period accordingly for the specific Pro P e SECTION NO. 8: That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. SECTION NO. 9: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. Ordinance No. 2470 Code Amendment No. 16-03 May 19, 2020 - Page 36 PASSED, APPROVED AND AD( APPROVE O FORM )�— fbo1M'S"KDqpAe' City Attorney A�vw--L Lisa She ' k Assis City Clerk I, LISA SHERRICK, Assistant City Clerk, of the City of West Covina, custodian of the original records, which are public records which I maintain custody and control for the City of West Covina do hereby certify the foregoing Ordinance, being Ordinance No. 2470 as passed by the City Council of the City of West Covina, signed by the Mayor ofsaid Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the 191h day of May 2020, and that the same was passed by the following vote, to wit: AYES: Castellanos, Shewmaker, Wu NOES: Lopez-Viado, Johnson ABSTAIN: None ABSENT: None C Lisa ySheik," Assis